Law Commons^™

California V. Brown: Against The Antisympathy Instruction, Julianne C. Sylva

UC Law Constitutional Quarterly

No abstract provided.

Preemption And Federalism: The Missing Link, Paul Wolfson

UC Law Constitutional Quarterly

No abstract provided.

Do Judicial Scarlet Letters Violate The Cruel And Unusual Punishments Clause Of The Eight Amendment, Gregory M. Brown

UC Law Constitutional Quarterly

No abstract provided.

The Constitution Between Friends, Neal Devins

Faculty Publications

No abstract provided.

Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins

Faculty Publications

No abstract provided.

U.S. Supreme Court: The 1987-88 Term (Part Ii), Paul C. Giannelli

Faculty Publications

No abstract provided.

In Praise Of Woodenness, Gary S. Lawson

Faculty Scholarship

Not long ago, I was a stalwart champion of judicial terrorism on behalf of economic liberty. In recent years, however, I have become a meek, mildmannered originalist whose favorite adjective is "wooden."' I still like economic liberty as much as the next person - in fact, more than at least one of the next two persons. Nonetheless, much as I would like to, I cannot agree that the Constitution requires a free market to the extent urged by, among others, Roger Pilon, Bernard Siegan,3 Steven Macedo, 4 Randy Barnett,5 and Richard Epstein.6 My aim here is not to criticize their …

Propaganda, Xenophobia, And The First Amendment, Rodney A. Smolla, Stephen A. Smith

Faculty Publications

No abstract provided.

The President's Powers As Commander-In-Chief Versus Congress' War Power And Appropriations Power, Charles W. Bennett, Arthur B. Culvahouse, Geoffrey P. Miller, William Bradford Reynolds, William W. Van Alstyne

Faculty Publications

This joint work explores a variety of viewpoints all centered around the War Powers Resolution and its application to the situation in the Persian Gulf.

Some Reflections On State Constitutions, Joseph R. Grodin

UC Law Constitutional Quarterly

No abstract provided.

False Prophet--Justice Brennan And The Theory Of State Constitional Law, Earl M. Maltz

UC Law Constitutional Quarterly

No abstract provided.

Church And State On The Frontier: The History Of The Establishment Clauses In The Washington State Constitution, Robert F. Utter, Edward J. Larson

UC Law Constitutional Quarterly

No abstract provided.

In Re Quinlan Revisited: The Judicial Role In Protecting The Privacy Right Of Dying Incompetents, Gary Underwood Scharff

UC Law Constitutional Quarterly

No abstract provided.

Why Do You Speak That Way--Symbolic Expression Reconsidered, Howard M. Friedman

UC Law Constitutional Quarterly

No abstract provided.

The Costs Of Fee Speech--Restrictions On The Use Of Union Dues To Fund New Organizing, Jennifer Friesen

UC Law Constitutional Quarterly

No abstract provided.

South Dakota V. Dole: A Study In Conditional Spending And Missed Opportunity, Jeffrey S. Koppelmaa

UC Law Constitutional Quarterly

No abstract provided.

Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz

Touro Law Review

No abstract provided.

Are State Courts Enforcing The Fourth Amendment? A Preliminary Study, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

The Doctrine Of Inevitable Discovery: A Plea For Reasonable Limitations, Steven P. Grossman

All Faculty Scholarship

In reinstating the Iowa murder conviction of Robert Williams, the Supreme Court accepted explicitly for the first time the doctrine of inevitable discovery. Applied for some time by state and federal courts, the doctrine of inevitable discovery is a means by which evidence obtained illegally can still be admitted against defendants in criminal cases. Unfortunately, the Court chose to adopt the doctrine without any of the safeguards necessary to insure that the deterrent impact of the exclusionary rule would be preserved, and in a form that is subject to and almost invites abuse.

This article warns of the danger to …

Economic Union As A Constitutional Value, Richard B. Collins

Publications

Professor Collins presents an in-depth defense of the dormant commerce power doctrine. He maintains that the text of the commerce clause, the original intent behind it, and a century of congressional acquiescence to broad judicial enforcement of the dormant commerce power lend sufficient legitimacy to the doctrine to support its continued existence. After examining the textual and historical bases for the doctrine, Professor Collins concludes that the primary purpose behind the commerce clause is the promotion of economic integration and interstate harmony. Based upon his discussion of the doctrine's origins and development, he contends that critics of the doctrine who …

The Role Of The Legislative And Executive Branches In Interpreting The Constitution, Robert Nagel

Publications

No abstract provided.

Rule 11 In The Constitutional Case, Gary J. Saalman, Kenneth Ripple

Journal Articles

The 1983 amendments to the Rules of Civil Procedure arose from concern over the flood of litigation in recent years and its high costs to both litigants and the court system. Although the causes of this litigation explosion and the remedies are both many and complex, the pretrial stage of litigation and the standards governing attorney responsibility were considered major contributors to the problem and prime areas for reform. The drafters of the 1983 amendments sought to streamline the litigation process by increasing judicial oversight and deterring abusive or dilatory tactics by the bar. Some of the most significant changes …

Management And Marketing Of Indian Water: From Conflict To Pragmatism, David H. Getches

Publications

No abstract provided.

Cannibal Moves: An Essay On The Metamorphoses Of The Legal Distinction, Pierre Schlag

Publications

No abstract provided.

Civil Liberties Guarantees When Indian Tribes Act As Majority Societies: The Case Of The Winnebago Retrocession, Charles F. Wilkinson

Publications

No abstract provided.

Toward A General Theory Of The Establishment Clause, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

The Preiser Puzzle: Continued Frustrating Conflict Between The Civil Rights And Habeas Corpus Remedies For State Prisoners, Martin A. Schwartz

Scholarly Works

No abstract provided.

"Five-Hundred-Year Flood Plains" And Other Unconstitutional Challenges To The Establishment Of Community Residences For The Mentally Disabled, Robert L. Schonfeld

Fordham Urban Law Journal

This article examines the impact of state statutes and local ordinances on the establishment of community residences for the mentally disabled. While some states have policies advocating for community residences, these policies are often undermined by barriers such as neighborhood opposition and statutes and ordinances that impede development. The author analyzes the application of the equal protection clause to statutes and ordinances affecting the mental disabled, ultimately concluding that many are unconstitutional. Finally, the author discusses the impact of City of Cleburne v. Cleburne Living Center on state statutes and local ordinances that limit the establishment of community residences. The …

Reconstructing The Takings Doctrine By Redefining Property And Sovereignty, John Martinez

Fordham Urban Law Journal

In 1987, the Supreme Court decided three cases involving "takings" challenges to governmental exercise of the power to control land use. This trilogy of cases affirmed the continuing validity of a three-part analytical model in addressing the takings problem: (1) is private property involved; (2) has governmental action so affected it as to require a remedy; and (3) what remedy should be provided? This Article critically examines that model and argues that the first two questions are fundamentally indistinguishable and that to treat them as distinct inquiries is unworkable. The Article then proposes a functional approach under which individuals are …

Technologically Enhanced Visual Surveillance And The Fourth Amendment: Sophistication, Availability And The Expectation Of Privacy, Clifford S. Fishman

Scholarly Articles

Since 1983, however, seven Supreme Court decisions have focused at least in part upon application of the Fourth Amendment to technological enhancement of, or technological substitution for, visual surveillance: United States v. Dunn and Texas v. Brown (artificial illumination); United States v. Knotts and United States v. Karo (electronic tracking devices); California v. Ciraolo9 and Florida v. Riley (aerial surveillance); and Dow Chemical Co. v. United States (image-magnifying aerial photography). Reaction to many of these decisions has been highly critical.

In six of the seven cases, investigators refrained from intruding physically into a location protected by the Fourth Amendment. The …