Law Commons^™

City Of Tigard And Takings Law, Richard D. Lazarus

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

10 pages.

Contains 1 page of references.

Regulatory Takings And Resources: What Are The Constitutional Limits?, Virginia S. Albrecht

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

52 pages.

Contains footnotes.

Floodplain And Wetland Regulatory “Takings”, Jon A. Kusler

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

4 pages.

Dicta And Article Iii, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

John Marshall And The Moral Basis For Judicial Review, David F. Forte

Law Faculty Articles and Essays

During the last two decades, many observers have been disappointed in some of the appointments to the federal bench and in the judicial philosophies some judges have brought with them. But if we turn to the source of our constitutional order, we would find in the example of John Marshall the moral basis for the judicial craft.

Constitutional Challenges To Bans On "Assisted Suicide": The View From Without And Within, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Punishment Most Cruel, Bruce Ledewitz

Ledewitz Papers

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

Double Jeopardy And Summary Contempt Prosecutions, David S. Rudstein

All Faculty Scholarship

No abstract provided.

A Response To Professor Choper: Laying Down Another Ladder, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

Laws Intentionally Favoring Mainstream Religions: An Unhelpful Comparison To Race, Gary J. Simson

Cornell Law Faculty Publications

No abstract provided.

Conference On The 1992 Cable Tv Act - 1994, Wendy J. Gordon

Scholarship Chronologically

The CITI conference organizers have asked me to address the constitutionality of sections 12 and 19 of the new Cable Television Act. Speaking quite generally, these provisions purport to promote competition in the distribution of programming by prohibiting certain exclusive licenses and by prohibiting certain behaviors that could lead to exclusive licenses.

Rico's Latest Victim—Social Protest, Bruce Ledewitz

Ledewitz Papers

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

The Legitimacy Of The Constitutional Judge And Theories Of Interpretation In The United States, Richard Kay, William B. Fisch

Faculty Articles and Papers

The paper addresses the sources of legitimacy of a judge exercising the power to declare acts of government invalid on constitutional grounds, and their relationship to theories of interpretation of the constitutional texts. In perhaps no other country is the legitimacy of the constitutional judge a more important issue than in the United States. Constitutional judicial review of acts of the government has had, and continues to have, a profound effect on the extent and character of public action. The constitutional decisions of the courts govern, to a significant degree, some of the most intensely controversial questions of public policy. …

Naturalization Ceremonies, United States District Court, Albany, Ny, Roger J. Miner '56

Legal History

No abstract provided.

The Second Adoption Of The Free Exercise Clause: Religious Exemptions Under The Fourteenth Amendment, Kurt T. Lash

Law Faculty Publications

This Article explores the proposition that the Free Exercise Clause was adopted a second time through its incorporation into the Privileges or Immunities Clause of the Fourteenth Amendment and that the scope of the new Free Exercise Clause was intended to include protections un-anticipated at the Founding. Contrary to Jeffersonian notions of separate spheres, the nation by the time of Reconstruction had experienced decades of clashes resulting from the overlapping concerns of religion and government. In particular, the suppression of slave religion called into question the government's power to interfere, even indirectly, with legitimate religious exercise. Accordingly, the Privileges or …

What's Really Wrong With The Supreme Court Of Pennsylvania, Bruce Ledewitz

Ledewitz Papers

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

The Public Interest And The Unconstitutionality Of Private Prosecutors, John Bessler

All Faculty Scholarship

This article discusses the history of private and public prosecution in the United States, including standards governing prosecutorial ethics. It argues that the use of private prosecutors is unethical and violative of defendants' constitutional rights. In particular, the article asserts that the use of such prosecutors violates due process principles and creates, at the very least, an unacceptable appearance of impropriety. The article contends that the public's interest in not having its members erroneously charged or convicted in the criminal process outweighs an interested party's right to retain a private prosecutor as set forth in some state laws. In addition …

Hate Speech, Offensive Speech, And Public Discourse In America, Edward J. Eberle

Law Faculty Scholarship

In this article, Professor Eberle discusses several limitations on governmental power to regulate public discourse. After examining the United States Supreme Court decisions of R.A.V. v. City of St. Paula nd Wisconsin v. Mitchell, Professor Eberle concludes that government should refrain from regulating speech itself. Rather, any restrictions should focus strictly on the problematic conduct underlying the speech which justifies regulation. Professor Eberle also concludes that the Court has implicitly recognized two distinct subcategories of "content" discrimination and viewpoint discrimination. Both subcategories are presumptively unconstitutional and nominally subject to conventional strict scrutiny. The Court, however, finds viewpoint discrimination more dangerous …

The Electoral College And The Constitution : The Case For Preserving Federalism, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

This study examines how the Electoral College actually works, how it is supposed to work, and how it might be reformed. Robert Hardaway first looks at the Constitutional Convention, the Twelfth Amendment, and historical elections where the Electoral College has come into play, providing the historical background to the present-day College.

The Potter Collection Bibliography, Joseph H. Parys

Library Archive

This annotated bibliography is designed as a guide to a compilation of speeches, reports, statutes and other documents relating to the Rhode Island Constitution of 1843 known as "The Potter Collection." The seven volume set consists of documents collected by Elisha R. Potter from 1786 to 1861 involving the constitutional development of Rhode Island during this time period.

State And Federal Constitutional Law Developments, Rosalie Levinson

Law Faculty Publications

No abstract provided.

Indiana Rules Of Evidence, Ivan E. Bodensteiner

Law Faculty Publications

No abstract provided.

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 …

Legitimacy Of The Constitutional Judge And Theories Of Interpretation In The United States, William B. Fisch, Richard S. Kay

Faculty Publications

The Legitimacy of the Constitutional Judge and Theories of Interpretation in the United States The paper addresses the sources of legitimacy of a judge exercising the power to declare acts of government invalid on constitutional grounds, and their relationship to theories of interpretation of the constitutional texts.

When Is An Error Not An "Error"? Habeas Corpus And Cumulative Error Analysis, Rachel A. Van Cleave

Publications

This article first addresses the question of whether courts should consider cumulative error analysis in habeas corpus cases, or whether the Eighth Circuit Court of Appeals is correct that each error must stand on its own. After concluding that cumulative error analysis should be a cognizable issue in habeas corpus petitions, the question of whether courts should employ a different standard for habeas petitions alleging cumulative error is addressed. Emphasis is placed on the Fifth Circuit case, Derden v. McNee and. that court's rationale for imposing limitations on habeas corpus petitions alleging cumulative error. The Fifth Circuit's four-prong test for …

State V. Mchugh: The Louisiana Supreme Court Upholds Gaming Checks, Anthony S. Niedwiecki

Publications

No abstract provided.

Defining The Scope Of The Constitutional Right To Marry: More Than Tradition, Less Than Unlimited Autonomy, 70 Notre Dame L. Rev. 39 (1994), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

Rejecting Conventional Wisdom: Federalist Ambivalence In The Framing And Implementation Of Article V, Kurt T. Lash

Law Faculty Publications

In 1787, the idea of placing an amending provision in a constitution was uncontroversial. Popular sovereignty was an assumed doctrine in the colonies; the people retained the unalienable right "to alter or abolish" their system of government whenever they so pleased. How this unquestionable right was to be incorporated into the new federal Constitution, however, was another matter. The delegates who faced each other at Philadelphia had very different views about which body should be entrusted with the power to propose amendments, when that power should be used, and how that power should be defined.

Article V, like the rest …

United States Supreme Court: 1993-94 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Role Of Lower State Courts In Adapting State Law To Changed Federal Interpretations, Bruce Ledewitz

Ledewitz Papers

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