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Articles 1 - 19 of 19

Full-Text Articles in Law

Review Of State Constitutional Law: Cases And Materials, 2nd Ed., By Robert F. Williams, Charles Baron Aug 2013

Review Of State Constitutional Law: Cases And Materials, 2nd Ed., By Robert F. Williams, Charles Baron

Charles H. Baron

No abstract provided.


Separating Prejudice From Rationality In Equal Protection Cases: A Legacy Of Thurgood Marshall, Harry F. Tepker Jr. Jan 1994

Separating Prejudice From Rationality In Equal Protection Cases: A Legacy Of Thurgood Marshall, Harry F. Tepker Jr.

Harry F. Tepker Jr.

No abstract provided.


The History Of Statutory Compilations In Pennsylvania, Joel Fishman Jan 1994

The History Of Statutory Compilations In Pennsylvania, Joel Fishman

Joel Fishman

This article deals with the history of both unofficial and official statutory compilations (chronological and topical) in Pennsylvania.


Can American Constitutional Law Be Postmodern?, Robert Justin Lipkin Jan 1994

Can American Constitutional Law Be Postmodern?, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.


On War And Justice, Jeffrey C. Tuomala Jan 1994

On War And Justice, Jeffrey C. Tuomala

Jeffrey C. Tuomala

No abstract provided.


Resolving Native American Land Claims And The Eleventh Amendment: Changing The Balance Of Power, Katharine F. Nelson Jan 1994

Resolving Native American Land Claims And The Eleventh Amendment: Changing The Balance Of Power, Katharine F. Nelson

Katharine F. Nelson

No abstract provided.


Welfare Servitude, Julie Nice Dec 1993

Welfare Servitude, Julie Nice

Julie A. Nice

In Welfare Servitude, Professor Nice considers whether mandating work as a condition for receiving welfare violates the Thirteenth Amendment’s prohibition of involuntary servitude and also explores the recurring intersection between race and class. She first describes the redoubling of efforts to increase enforcement of welfare work requirements once racial minorities were no longer excluded from receiving welfare benefits. Next she analyzes judicial decisions construing what constitutes involuntary servitude, including historic cases addressing indentured servitude, the padrone system, peonage, and the surety system, as well as modern cases challenging various welfare work requirements. Professor Nice distills three doctrinal types of involuntary …


Scrambling For Protection: The New Media And The First Amendment, Patrick Garry Dec 1993

Scrambling For Protection: The New Media And The First Amendment, Patrick Garry

Patrick M. Garry

In Scrambling for Protection, Patrick Garry asserts that such dramatic developments in electronic communications will radically change the way society communicates. Already, computer networks and bulletin boards are creating, in essence, electronic editorial pages on which people can register their viewpoints. Indeed, the new and increasingly interactive media promise to more significantly involve the public in the process of social communication. This concept of change lies at the heart of Scrambling for Protection. Garry offers models and guidelines for constitutionally redefining the press and asserts that, as both the press and the First Amendment move away from an apparently exclusive …


The Hill-Thomas Hearings, David Swank Dec 1993

The Hill-Thomas Hearings, David Swank

David Swank

No abstract provided.


Quiet Justice: Adding People With Hearing Loss To The Jury Of Our Peers, Randy Lee Dec 1993

Quiet Justice: Adding People With Hearing Loss To The Jury Of Our Peers, Randy Lee

Randy Lee

No abstract provided.


Review Of State Constitutional Law: Cases And Materials, 2nd Ed., By Robert F. Williams, Charles Baron Dec 1993

Review Of State Constitutional Law: Cases And Materials, 2nd Ed., By Robert F. Williams, Charles Baron

Charles H. Baron

No abstract provided.


Judicial Solecism Repeated: An Analysis Of The Oklahoma Supreme Court's Refusal To Recognize The Adjudicative Nature Of Particularized Ratemaking, Michael Scaperlanda Dec 1993

Judicial Solecism Repeated: An Analysis Of The Oklahoma Supreme Court's Refusal To Recognize The Adjudicative Nature Of Particularized Ratemaking, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.


Justice Thurgood Marshall And The Legacy Of Dissent In Federal Alienage Cases, Michael Scaperlanda Dec 1993

Justice Thurgood Marshall And The Legacy Of Dissent In Federal Alienage Cases, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.


Affirmative Action And Judicial Incoherence, Robert C. Power Dec 1993

Affirmative Action And Judicial Incoherence, Robert C. Power

Robert C Power

No abstract provided.


Diagnosing Power: Postmodernism In Legal Scholarship And Judicial Practice (With An Emphasis On The Teague Rule Against New Rules In Habeas Corpus Cases, Stephen M. Feldman Dec 1993

Diagnosing Power: Postmodernism In Legal Scholarship And Judicial Practice (With An Emphasis On The Teague Rule Against New Rules In Habeas Corpus Cases, Stephen M. Feldman

Stephen M. Feldman

Whereas modernists constantly attempt to reduce the meanings of texts to an essential core or single truth, postmodernists are antifoundationalists and anti-essentialists. According to postmodernists, the meaning of a text is never grounded or stable, and therefore one can always find multiple meanings or truths. Thus, one performs a postmodern flip by taking a segment of a text, event, or concept that apparently has been reduced to a static meaning or truth and suggesting the possible existence of another meaning or truth. The postmodern flip then is completed by exploring how this new meaning or truth of the segment of …


Twenty-Five Years After Goldberg V. Kelly: Traveling From The Right Spot On The Wrong Road To The Wrong Place, Randy Lee Dec 1993

Twenty-Five Years After Goldberg V. Kelly: Traveling From The Right Spot On The Wrong Road To The Wrong Place, Randy Lee

Randy Lee

No abstract provided.


Judging Socialist Reform: The Politics Of Coordinate Construction In France And Germany, Alec Stone Sweet Dec 1993

Judging Socialist Reform: The Politics Of Coordinate Construction In France And Germany, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


The New Constitutional Politics Of Europe, Alec Stone Sweet Dec 1993

The New Constitutional Politics Of Europe, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


Justice Thurgood Marshall And The Legacy Of Dissent In Federal Alienage Cases, Michael Scaperlanda Dec 1993

Justice Thurgood Marshall And The Legacy Of Dissent In Federal Alienage Cases, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.