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Constitutional Law

Series

1991

Institution
Keyword
Publication

Articles 1 - 30 of 114

Full-Text Articles in Law

Lessons Of Founding Fatherhood, Neal Devins Nov 1991

Lessons Of Founding Fatherhood, Neal Devins

Popular Media

No abstract provided.


A Moderate Anti-Abortion View, Bruce Ledewitz Nov 1991

A Moderate Anti-Abortion View, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Passport Photos And Stays Of Execution, Bruce Ledewitz Nov 1991

Passport Photos And Stays Of Execution, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


The Uses And Abuses Of Incumbency: People V. Ohrenstein And The Limits Of Inherent Legislative Power, James A. Gardner Nov 1991

The Uses And Abuses Of Incumbency: People V. Ohrenstein And The Limits Of Inherent Legislative Power, James A. Gardner

Journal Articles

No abstract provided.


Operation Rescue - Was The Justice Dept. Right To Intervene In Wichita?, Gary S. Lawson, Celeste Lacy Davis, Eve W. Paul Nov 1991

Operation Rescue - Was The Justice Dept. Right To Intervene In Wichita?, Gary S. Lawson, Celeste Lacy Davis, Eve W. Paul

Faculty Scholarship

Discussion of Operation Rescue attempt to shut down abortion clinic in Wichita, KS in August 1991, and ensuing decision of U.S. District Judge Patrick Kelly, as well as intervention of Justice Department. A debate-style article with "pro" side written by Gary Lawson and "con" side written by C.L. Davis & E.W. Paul.


Tribe's Judicious Feminism, Anita L. Allen Nov 1991

Tribe's Judicious Feminism, Anita L. Allen

All Faculty Scholarship

No abstract provided.


Recent Decisions, United Artists Theatre Circuit, Inc. V. City Of Philadelphia, Bruce Ledewitz Oct 1991

Recent Decisions, United Artists Theatre Circuit, Inc. V. City Of Philadelphia, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


The Supreme Court And The Bill Of Rights, Robert A. Sedler Oct 1991

The Supreme Court And The Bill Of Rights, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


The Effects Of Intent: Do We Know How Legal Standards Work?, Theodore Eisenberg, Sheri Lynn Johnson Sep 1991

The Effects Of Intent: Do We Know How Legal Standards Work?, Theodore Eisenberg, Sheri Lynn Johnson

Cornell Law Faculty Publications

No one knows how the intent standard works in racial discrimination cases, though many have speculated. To test the speculation, this study examines how the intent standard actually operates. Its findings cast doubt on whether we really know how any legal standard functions.


The Law Of Assembly In The People's Republic Of China: Implications Of The Retreat To Formal Legalism For The Legislative Process In China, Mark Findlay, Thomas Chor-Wing Chiu Sep 1991

The Law Of Assembly In The People's Republic Of China: Implications Of The Retreat To Formal Legalism For The Legislative Process In China, Mark Findlay, Thomas Chor-Wing Chiu

Research Collection Yong Pung How School Of Law

Under the most current constitution, written in 1982, the citizens of the PRC are guaranteed freedom of the press, speech, assembly, association, procession, and demonstration; furthermore, all citizens enjoy the rights and assume the responsibilities prescribed by the constitution and the law. In 1989, following the student democracy demonstrations in the PRC, the government circulated a draft of the law concerning assemblies, processions, and demonstrations for public comment. While the 24 articles of the draft legislation effectively removed the right to free public protest by interposing a variety of administrative procedures governing proscription of venue, application, approval, and review, the …


Legacy - A Conversation With James Madison, Rodney A. Smolla Aug 1991

Legacy - A Conversation With James Madison, Rodney A. Smolla

Popular Media

No abstract provided.


Victims Of The Law, Bruce Ledewitz Jul 1991

Victims Of The Law, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Introduction: Observations On Teaching Griswold, Hugh Macgill Jul 1991

Introduction: Observations On Teaching Griswold, Hugh Macgill

Faculty Articles and Papers

No abstract provided.


Experimenting With The "Right To Die" In The Laboratory Of The States, Thomas A. Eaton, Edward J. Larson Jul 1991

Experimenting With The "Right To Die" In The Laboratory Of The States, Thomas A. Eaton, Edward J. Larson

Scholarly Works

The purposes of this Article are twofold. Our first purpose is to reexamine the legal foundations of a patient's right to refuse treatment. The Court's equivocal handling of the federal constitutional issues in Cruzan v. Director, Missouri Department of Health invites a closer look at state constitutional, statutory and common law. The source of the underlying right will affect state experimentation with substantive and procedural rules in this area. Our second purpose is to describe the current status of the states' experiments with the right to die. That is, we elaborate in more detail on the state constitutional, statutory and …


A Proposal To Resolve Interbranch Disputes On The Practice Field, Paul R. Verkuil Jul 1991

A Proposal To Resolve Interbranch Disputes On The Practice Field, Paul R. Verkuil

Faculty Publications

No abstract provided.


"The Right To Bear Arms": Two Views, Lee Fisher, David C. Tryon Jul 1991

"The Right To Bear Arms": Two Views, Lee Fisher, David C. Tryon

Law Faculty Articles and Essays

The authors provide varying opinions on the Second Amendment.


Behind The Parity Debate: The Decline Of The Legal Process Tradition In The Law Of Federal Courts, Michael L. Wells Jul 1991

Behind The Parity Debate: The Decline Of The Legal Process Tradition In The Law Of Federal Courts, Michael L. Wells

Scholarly Works

Whether there is parity between federal and state courts has become a central question in the law of federal courts, dividing judges and commentators into two well-defined camps. Although the issue rarely arose thirty years ago, it now enters into virtually every discussion of the rules concerning access to federal court for constitutional claims. On one side of the debate, advocates of broad federal jurisdiction over constitutional challenges to state action claim that federal courts are better than state courts at adjudicating these controversies. On the other side, advocates of state court jurisdiction insist that state courts are fully adequate …


Confessions, Criminals, And Community, Sheri Lynn Johnson Jul 1991

Confessions, Criminals, And Community, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.


Justice Scalia And The Commerce Clause: Reflections Of A State Tax Lawyer, Walter Hellerstein Jun 1991

Justice Scalia And The Commerce Clause: Reflections Of A State Tax Lawyer, Walter Hellerstein

Scholarly Works

This paper considers Justice Scalia's substantive views of the restraints that the commerce clause imposes on state taxation. My purpose is to examine critically Justice Scalia's dormant or "negative" commerce clause analysis of the state tax issues on which he has opined and to draw from that examination some general conclusions about Justice Scalia's commerce clause jurisprudence.


White On White: Anonymous Tips, Reasonable Suspicion And The Constitution, David S. Rudstein Mar 1991

White On White: Anonymous Tips, Reasonable Suspicion And The Constitution, David S. Rudstein

All Faculty Scholarship

No abstract provided.


The Sacred Flag And The First Amendment, Sheldon Nahmod Feb 1991

The Sacred Flag And The First Amendment, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.


One Year After Blackwell Many Questions Still Exist, Bruce Ledewitz Jan 1991

One Year After Blackwell Many Questions Still Exist, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


The Verdugo Case: The United States And The Comity Of Nations, Mark Weston Janis Jan 1991

The Verdugo Case: The United States And The Comity Of Nations, Mark Weston Janis

Faculty Articles and Papers

No abstract provided.


Core Freedoms In Nigerian And U.S. Constitutions: A Study In Difference, Gordon A. Christenson Jan 1991

Core Freedoms In Nigerian And U.S. Constitutions: A Study In Difference, Gordon A. Christenson

Faculty Articles and Other Publications

This article compares core freedoms in the United States Constitution with similar constitutional experience encountered in the Nigerian Constitution. It is a study in difference, illuminated by learned papers and discussion of these issues by judges, lawyers, professors, journalists and activists in Nigeria. Moreover, to add a third dimension, differences and similarities in constitutional experiences are shown within the contemporary framework of international norms.


Habeas Corpus As A Safety Valve For Innocence, Bruce Ledewitz Jan 1991

Habeas Corpus As A Safety Valve For Innocence, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


The Morality Of Capital Punishment: An Exchange, Bruce Ledewitz Jan 1991

The Morality Of Capital Punishment: An Exchange, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


The Challenge Of, And Judicial Response To, Environmental Provisions In State Constitutions, Bruce Ledewitz Jan 1991

The Challenge Of, And Judicial Response To, Environmental Provisions In State Constitutions, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Book Review: The Constitutional World Of Harold Norris: Review Of Norris, Education For Popular Sovereignty Through Implementing The Constitution And The Bill Of Rights, Robert A. Sedler Jan 1991

Book Review: The Constitutional World Of Harold Norris: Review Of Norris, Education For Popular Sovereignty Through Implementing The Constitution And The Bill Of Rights, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Justice Harlan And The Bill Of Rights: A Dichotomy In Constitutional Analysis, Roger J. Miner '56 Jan 1991

Justice Harlan And The Bill Of Rights: A Dichotomy In Constitutional Analysis, Roger J. Miner '56

Endowed/named Lectures and Keynote Addresses

No abstract provided.


Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Gaston Dooley Jan 1991

Equal Protection And The Procedural Bar Doctrine In Federal Habeas Corpus, Laura Gaston Dooley

Law Faculty Publications

No abstract provided.