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Articles 1 - 30 of 243
Full-Text Articles in Law
Postmodern Constitutionalism As Materialism, Francis J. Mootz Iii
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
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
Bruce Ackerman On Interpretation: A Critique, Raoul Berger
BYU Law Review
No abstract provided.
A Failed Critique Of State Constitutionalism, David Schuman
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
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
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
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
The Survival Of Racism Under The Constitution, Juan Williams
William & Mary Law Review
No abstract provided.
Racial Progress And Constitutional Roadblocks, Jeremy Rabkin
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Washington and Lee Law Review
No abstract provided.
Bishop V. Aronov: Religion-Tainted Viewpoints Are Banned From The Marketplace Of Ideas, John W. Hamilton
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
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 …