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Constitutional Law

1992

Journal

Institution
Keyword
Publication

Articles 1 - 30 of 243

Full-Text Articles in Law

Postmodern Constitutionalism As Materialism, Francis J. Mootz Iii Dec 1992

Postmodern Constitutionalism As Materialism, Francis J. Mootz Iii

Michigan Law Review

Professor J.M. Balkin's recent essay in the Michigan Law Review assesses the implications that postmodernism holds for constitutional law. Although I agree with Balkin about many of the specific issues that he believes must be addressed in a postmodern constitutionalism, I find that his manner of talking about postmodernism is unproductive in an important way. Balkin quite correctly argues that a postmodern constitutionalism should not mimic the fragmented and superficial culture of postmodernity, nor should it devolve simply to normative claims that postmodernity is desirable and should be embraced or adopted within the law. However, Balkin's thesis that a postmodern …


The Meaning Of "Under Color Of" Law, Steven L. Winter Dec 1992

The Meaning Of "Under Color Of" Law, Steven L. Winter

Michigan Law Review

The argument proceeds as follows. In Part I, I examine why the conceptual problem of who or what is "the State" is so intractable. In Part II, I present the historical evidence that establishes beyond doubt the pedigree and meaning of the phrase under color of law. I explain why Frankfurter would have indulged in such an obvious historical error to take the position he did. I suggest that, as was the case with the invention of modem standing doctrine, Frankfurter was here engaged in a stealthy, anachronistic campaign against the jurisprudence of the Lochner era - attempting to …


Bruce Ackerman On Interpretation: A Critique, Raoul Berger Nov 1992

Bruce Ackerman On Interpretation: A Critique, Raoul Berger

BYU Law Review

No abstract provided.


A Failed Critique Of State Constitutionalism, David Schuman Nov 1992

A Failed Critique Of State Constitutionalism, David Schuman

Michigan Law Review

James A. Gardner begins The Failed Discourse of State Constitutionalism with a story describing "the experience of a great many lawyers in this country." The protagonist is an attorney whose client has an unlawful discrimination claim that for some reason cannot succeed under the U.S. Supreme Court's current equal protection jurisprudence. The attorney decides to present an argument based on her state constitution's equality guarantee, only to discover that the universe of material from which a plausible argument, not to mention a rich discourse, might emerge - existing case law and scholarship, "useful tidbits" of constitutional history and philosophy from …


Prison Objectives And Human Dignity: Reaching A Mutual Accommodation, Melvin Gutterman Nov 1992

Prison Objectives And Human Dignity: Reaching A Mutual Accommodation, Melvin Gutterman

BYU Law Review

No abstract provided.


American Constitutional Conventions: The Judicially Unenforceable Rules That Combine With Judicial Doctrine And Public Opinion To Regulate Political Behavior, James G. Wilson Oct 1992

American Constitutional Conventions: The Judicially Unenforceable Rules That Combine With Judicial Doctrine And Public Opinion To Regulate Political Behavior, James G. Wilson

Buffalo Law Review

No abstract provided.


Constitutional Law—Child Hearsay Exception In Sexual Abuse Cases—New Arkansas Supreme Court Rule Conflicts With New General Assembly Rule: Which Controls? Vann V. State., Gregory Clay Sandefur Oct 1992

Constitutional Law—Child Hearsay Exception In Sexual Abuse Cases—New Arkansas Supreme Court Rule Conflicts With New General Assembly Rule: Which Controls? Vann V. State., Gregory Clay Sandefur

University of Arkansas at Little Rock Law Review

No abstract provided.


The Survival Of Racism Under The Constitution, Juan Williams Oct 1992

The Survival Of Racism Under The Constitution, Juan Williams

William & Mary Law Review

No abstract provided.


Racial Progress And Constitutional Roadblocks, Jeremy Rabkin Oct 1992

Racial Progress And Constitutional Roadblocks, Jeremy Rabkin

William & Mary Law Review

No abstract provided.


Neutral Principles And The Right To Neutral Access To The Courts, Jeffrey R. Pankratz Oct 1992

Neutral Principles And The Right To Neutral Access To The Courts, Jeffrey R. Pankratz

Indiana Law Journal

No abstract provided.


Constitutionalism, Democracy And Foreign Affairs, Louis Henkin Oct 1992

Constitutionalism, Democracy And Foreign Affairs, Louis Henkin

Indiana Law Journal

No abstract provided.


People V. Bing: Did The New York Court Of Appeals Throw Baby Bartolomeo Out With His Bathwater ?, Charles J. Sullivan Oct 1992

People V. Bing: Did The New York Court Of Appeals Throw Baby Bartolomeo Out With His Bathwater ?, Charles J. Sullivan

Buffalo Law Review

No abstract provided.


Religion-Plus-Speech: The Constitutionality Of Juror Oaths And Affirmations Under The First Amendment, Jonathan Belcher Oct 1992

Religion-Plus-Speech: The Constitutionality Of Juror Oaths And Affirmations Under The First Amendment, Jonathan Belcher

William & Mary Law Review

No abstract provided.


The Constitution And Immigration: The Impact Of The Proposed Changes To The Immigration Power Under The Constitution Act, 1867, Davies Bagambiire Oct 1992

The Constitution And Immigration: The Impact Of The Proposed Changes To The Immigration Power Under The Constitution Act, 1867, Davies Bagambiire

Dalhousie Law Journal

This article examines the impact that the suggested changes would have on the immigration power as presently set forth in sections 95 and 91(25) of the Constitution Act, 1867, and on Canadian immigration policy generally. First, it discusses how the present immigration power is allocated as between the federal government and the provinces, how it has been exercised or attempted to be exercisedby the two levels of government and how it has evolved and been interpreted by the Courts. Secondly, it looks at the problems that could arise as a result of the federal government transferring some of its immigration …


Does Canada Need A Social Charter?, Matthew Certosimo Oct 1992

Does Canada Need A Social Charter?, Matthew Certosimo

Dalhousie Law Journal

Over the decade since the birth of the Canadian Charter of Rights and Freedoms, expectations that it would impact greatly on the lives of Canadians have gone largely unfulfilled for those regarded as being the most in need of its protection. A recent decision of the Nova Scotia County Court has reminded critics that the narrow interpretation given the Charter'se quality2 and security oftheperson3 provisions, particularly with regard to social and economic rights, excludes from its purview the well-being of Canadians in economic need.


Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, Neal Devins Oct 1992

Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, Neal Devins

William & Mary Law Review

No abstract provided.


Drugs, Ideology, And The Deconstitutionalization Of Criminal Procedure, Gerald G. Ashdown Sep 1992

Drugs, Ideology, And The Deconstitutionalization Of Criminal Procedure, Gerald G. Ashdown

West Virginia Law Review

No abstract provided.


Limited-Purpose Public Figures: Spence V. Flynt As An Tilustration Of The Need For A More Complete Test, Stacey L. Hayden Sep 1992

Limited-Purpose Public Figures: Spence V. Flynt As An Tilustration Of The Need For A More Complete Test, Stacey L. Hayden

BYU Law Review

No abstract provided.


Appointments Clause Problems In The Dispute Resolution Provisions Of The United States-Canada Free Trade Agreement, Alan B. Morrison Sep 1992

Appointments Clause Problems In The Dispute Resolution Provisions Of The United States-Canada Free Trade Agreement, Alan B. Morrison

Washington and Lee Law Review

No abstract provided.


The Transfiguration Of Samuel Chase: A Rebuttal, Raoul Berger Sep 1992

The Transfiguration Of Samuel Chase: A Rebuttal, Raoul Berger

BYU Law Review

No abstract provided.


Modern Technology And The Conflict Between Copyright And Free Speech: The Application Of Copyright Law To Television Newscasts, James A. Wells Sep 1992

Modern Technology And The Conflict Between Copyright And Free Speech: The Application Of Copyright Law To Television Newscasts, James A. Wells

West Virginia Law Review

No abstract provided.


The Characters Behind The Constitution, Tim Slover Sep 1992

The Characters Behind The Constitution, Tim Slover

Brigham Young University Journal of Public Law

No abstract provided.


The Structural Role Of The Bill Of Rights, Richard G. Wilkins Sep 1992

The Structural Role Of The Bill Of Rights, Richard G. Wilkins

Brigham Young University Journal of Public Law

No abstract provided.


United States V. Halper: Making Double Jeopardy Available In Civil Actions, Nelson T. Abbott Sep 1992

United States V. Halper: Making Double Jeopardy Available In Civil Actions, Nelson T. Abbott

Brigham Young University Journal of Public Law

No abstract provided.


Franklin Savings V. Office Of Thrift Supervision: A Case Of Judicial Interpretation Creating A Due Process Dragon, Grant L. Kratz Sep 1992

Franklin Savings V. Office Of Thrift Supervision: A Case Of Judicial Interpretation Creating A Due Process Dragon, Grant L. Kratz

Brigham Young University Journal of Public Law

No abstract provided.


Gentile V. State Bar: Core Speech And A Lawyer's Pretrial Statements To The Press, D. Christopher Albright Sep 1992

Gentile V. State Bar: Core Speech And A Lawyer's Pretrial Statements To The Press, D. Christopher Albright

BYU Law Review

No abstract provided.


The Appointments Clause And International Dispute Settlement Mechanisms: A False Conflict, Wiliam J. Davey Sep 1992

The Appointments Clause And International Dispute Settlement Mechanisms: A False Conflict, Wiliam J. Davey

Washington and Lee Law Review

No abstract provided.


Appointments With Disaster: The Unconstitutionality Of Binational Arbitral Review Under The United States-Canada Free Trade Agreement, Jim C. Chen Sep 1992

Appointments With Disaster: The Unconstitutionality Of Binational Arbitral Review Under The United States-Canada Free Trade Agreement, Jim C. Chen

Washington and Lee Law Review

No abstract provided.


Bishop V. Aronov: Religion-Tainted Viewpoints Are Banned From The Marketplace Of Ideas, John W. Hamilton Sep 1992

Bishop V. Aronov: Religion-Tainted Viewpoints Are Banned From The Marketplace Of Ideas, John W. Hamilton

Washington and Lee Law Review

No abstract provided.


The Exhaustion Doctrine: State Prisoners Caught Between Civil Rights Actions And Writs Of Habeas Corpus, Linda Marie Bell Aug 1992

The Exhaustion Doctrine: State Prisoners Caught Between Civil Rights Actions And Writs Of Habeas Corpus, Linda Marie Bell

San Diego Law Review

This Comment explores the conflict between two federal laws when prisoners challenging their confinement seek damages or declaratory relief. On one hand, the exhaustion doctrine requires state prisoners to exhaust their state remedies before filing a petition for a writ of habeas corpus in federal court when they contest their confinement. On the other hand, prisoners challenging their civil rights may file in federal court without exhausting all state remedies. This Comment addresses how federal courts should determine which rule to apply when a prisoner brings an action contesting confinement, but seeks only declaratory relief or damages. The author proposes …