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Full-Text Articles in Law
State And Federal Constitutional Law Developments, Rosalie Levinson
State And Federal Constitutional Law Developments, Rosalie Levinson
Law Faculty Publications
No abstract provided.
Constricting The Law Of Freedom: Justice Miller, The Fourteenth Amendment, And The Slaughter-House Cases, Richard L. Aynes
Constricting The Law Of Freedom: Justice Miller, The Fourteenth Amendment, And The Slaughter-House Cases, Richard L. Aynes
Akron Law Faculty Publications
The Slaughter-House Cases are simultaneously unremarkable and extraordinary. They are unremarkable because the matter at issue -- whether butchers can be required to ply their trade at a central, state-franchised facility -- has long since ceased to be a matter of concern. They are extraordinary because in spite of the fact that three of the Court's significant legal conclusions have been rejected and “everyone” agrees the Court incorrectly interpreted the Privileges or Immunities Clause, the conclusion that the Privileges or Immunities Clause of the Fourteenth Amendment had no meaningful place in our constitutional scheme continues to live on. Even those …
United States Supreme Court: 1993-94 Term, Paul C. Giannelli
United States Supreme Court: 1993-94 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
Note, Give Me Liberty Or Give Me Silence: Taking A Stand On Fifth Amendment Implications For Court-Ordered Therapy Programs, Jessica Wilen Berg
Note, Give Me Liberty Or Give Me Silence: Taking A Stand On Fifth Amendment Implications For Court-Ordered Therapy Programs, Jessica Wilen Berg
Faculty Publications
No abstract provided.
Rethinking Rawls' Theory Of Liberty And Rights, James W. Nickel
Rethinking Rawls' Theory Of Liberty And Rights, James W. Nickel
Articles
No abstract provided.
The Federal Constitutional Court In The German Political System, Donald P. Kommers
The Federal Constitutional Court In The German Political System, Donald P. Kommers
Journal Articles
The Federal Constitutional Court is a major policy-making institution in Germany's system of government. Within the space of four decades (1951- 1991), this tribunal has evolved into the most active and powerful constitutional court in Europe. Its pivotal character in the German political system sterns from its role as a judicial lawmaking body created for the specific purpose of deciding constitutional disputes under the Basic Law.1 In deciding such disputes-that is, in interpreting the language and spirit of the Basic Law-the Constitutional Court has influenced the shape of Germany's political landscape, reaching deep into the heart of the existing state, …
The Gate Is Open But The Door Is Locked - Habeas Corpus And Harmless Error, Bennett L. Gershman
The Gate Is Open But The Door Is Locked - Habeas Corpus And Harmless Error, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Brecht is a paradigm of the Rehnquist Court's result-oriented approach to habeas corpus and harmless error. The decision purports to be a principled application of the policies of finality, federalism, and judicial economy that underlay the Court's new habeas and harmless error jurisprudence. It is, in fact, an unwarranted and unprincipled extension of those policies. Depending on how the lower federal courts interpret and implement the decision, Brecht could have a devastating impact on the way state prosecutors and judges administer criminal justice, as well as the ability of state prisoners to redress constitutional violations.