Law Commons^™

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

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

BYU Law Review

No abstract provided.

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

Washington and Lee Law Review

No abstract provided.

Overview Of Supreme Court Opinion In United States V. Fordice, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

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 …

Justifiably Punishing The Justified, Heidi M. Hurd

Michigan Law Review

Contemporary moral philosophy, political theory, and jurisprudence have converged to create a quite baffling dilemma. This dilemma is generated by the apparent incompatibility of three principles, each of which grounds features of our system of law and government, and each of which carries substantial normative weight. The first I shall call the punishment principle - a moral principle, doctrinally entrenched in American criminal and civil law, which holds that individuals who are morally justified in their actions ought not to be blamed or punished for those actions. The second is the principle of the rule of law - a complex …

Legal Interpretation And A Constitutional Case: Home Building & Loan Association V. Blaisdell, Charles A. Bieneman

Michigan Law Review

The approaches of Hughes and Sutherland are but two extremes in constitutional interpretation. Though only two results were possible in the case - either the Act was constitutional or it was not - there are more than two methods by which an interpreter could reach those results. This Note explores possible ways of deciding Blaisdell, using the case as a vehicle for delimiting the boundaries of a positive constitutional command. As a sort of empirical investigation of legal philosophy, the Note examines how various interpretive theories affect an interpreter's approach to the case, and the results these theories might …

Handgun Article, Lewis F. Powell Jr.

Powell Writings

No abstract provided.

The Charter Of Rights And Public Policy In Canada, Patrick J. Monahan, Marie Finkelstein

Osgoode Hall Law Journal

Much of the literature on the Charter has focused on the manner in which the courts have interpreted the document. This essay examines the Charter from another perspective-its impact on the policy process within government. Drawing on a series of papers prepared by senior government officials at both the federal and provincial levels, the authors argue that the Charter has permanently changed the way in which governments formulate and implement public policy in Canada. Virtually all policy proposals making their way to the Cabinet table must be examined to ensure that they conform to the requirements of the Charter. This …

Takings And The Post-Modern Dialectic Of Property, Gregory S. Alexander

Cornell Law Faculty Publications

A Comment On Cass Sunstein's Equality, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

Constitutional Law—Freedom Of Speech—Crime May Pay: New York's Son Of Sam Law Found Unconstitutional. Simon & Schuster, Inc. V. New York State Crime Victims Bd., 112 S. Ct. 501 (1991)., William E. Lawrence

University of Arkansas at Little Rock Law Review

No abstract provided.

Trashing The Constitution: Judicial Activism, The Dormant Commerce Clause, And The Federalism Mantra, Patrick Mcginley

Law Faculty Scholarship

No abstract provided.

Constitutional Criminal Law, Peggy Natale, Anthony J. Natale

Mercer Law Review

Last year, the Eleventh Circuit examined some interesting constitutional issues that affect defendants in criminal cases. What follows are the most significant of those constitutional issue cases, and an additional criminal case of first impression to the Eleventh Circuit Court of Appeals. The authors have made no effort to provide an exhaustive digest of all the court's opinions for the 1991 year.

• First Amendment
• Fourth Amendment
• Fifth Amendment
• Sixth Amendment
• Case of First Impression

Constitutional Law—Civil, Albert Sidney Johnson, Susan Cole Mullis

Mercer Law Review

During the 1991 survey period, the United States Court of Appeals for the Eleventh Circuit continued to struggle with the application of the qualified immunity defense in civil rights actions. Although the court failed to resolve the intracircuit conflict on this issue, the court's opinions did solidify its various approaches to application of the doctrine.

On substantive issues, the court was asked to clarify the constitutionality of governmental action on the controversial issue of AIDS, in both the public employment and custodial contexts. In four cases involving minority set aside and affirmative action programs, the court reinforced standing requirements to …

Police Implementation Of Supreme Court Of Canada Charter Decisions: An Empirical Study, Kathryn Moore

Osgoode Hall Law Journal

Little empirical research has been done on the Charter's impact on the public policy process. This paper presents the results of an empirical research study designed to fill that gap. The study examined the manner in which a municipal police force and the RCMP implemented changes to procedures following two Supreme Court of Canada Charter decisions. The paper concludes that, while steps have been taken to develop a process by which Supreme Court decisions are implemented, the process would be improved if one body were allocated responsibility for the provision of interim information to the police.

A Frequent Recurrence To Fundamental Principles: Individual Rights, Free Government, And The Washington State Constitution, Brian Snure

Washington Law Review

Article 1, section 32, of the Washington State Constitution provides for a "recurrence to fundamental principles" as a means of protecting individual rights and free government. Since the adoption of the constitution in 1889, section 32 has been used infrequently by Washington's legal community. This Comment examines the role of section 32 in constitutional analysis by distilling four fundamental principles from the structure of the state constitution and the historical and legal environment existing in 1889. From these principles, this Comment concludes that the framers of the Washington Constitution intended that section 32 be used to expand the scope of …

Landlords As Cops: Tort, Nuisance & Forfeiture Standards Imposing Liability On Landlords For Crime On The Premises, Barbara Glesner Fines

Faculty Works

No abstract provided.

Canadian Constitutional Law And Madame Justice Bertha Wilson - Patriot, Visionary And Heretic, James Macpherson

Dalhousie Law Journal

In the remainder of this paper I will consider Justice Wilson's contribution to Canadian constitutional law. The paper has three parts. Each has a different theme, although the themes overlap in places. I have given these themes labels, each reflecting, I believe, a significant feature of Justice Wilson's constitutional thinking and writing. The labels are Justice Wilson as - Patriot, Visionary and Heretic. In the next three parts of this paper I will deal with each of these themes, with reference principally to her decisions in Charter cases but also with occasional references to her decisions in other categories of …

Mandatory Life Sentence Without Parole Found Constitutionally Permissble For Cocaine Possession—Harmelin V. Michigan, 111 S. Ct. 2680 (1991), Andrew H. Mun

Washington Law Review

In Harmelin v. Michigan, the United States Supreme Court held (5-4) that a legislatively-mandated life sentence without parole for possession of 672.5 grams of cocaine did not violate the Cruel and Unusual Punishment Clause of the Eighth Amendment. In reaching the result, two Justices abrogated the proportionality principle in the Eighth Amendment and three Justices abridged the proportionality standard promulgated in Solem v. Helm. This Note examines the Harmelin decision and suggests that the Court does not adequately justify abrogating or limiting the Solem proportionality standard. This Note recommends application of the Solem proportionality standard and concludes that imposition of …

The Wrongful Death Of Bob Black, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Federal Judgments Law: Sources Of Authority And Sources Of Rules, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

The First Amendment Fights Back: A Proposal For The Media To Reclaim The Battlefield After The Persian Gulf War, Michelle Tulane Mensore

Washington and Lee Law Review

No abstract provided.

Advance Medical Directives In West Virginia, Part One, Irene M. Keely

West Virginia Law Review

No abstract provided.

Harmelin V. Michigan: The Supreme Court Narrows The Proportionality Principle, Neil S. Whiteman

West Virginia Law Review

No abstract provided.

A Critical Reexamination Of The Takings Jurisprudence, Glynn S. Lunney Jr

Michigan Law Review

To provide some insight into the nature of these disagreements, and to suggest a possible solution to the compensation issue, this article undertakes a critical reexamination of the takings jurisprudence. It focuses on the two bases which the modem Court has articulated as support for its resolution of the compensation issue: (1) the articulated purpose of using the just compensation requirement "to bar Government from forcing some people alone to bear public burdens"; and (2) the early case law. Beginning with the Court's first struggles with the compensation issue in the late nineteenth and early twentieth century, this article traces …

Arizona V. Fulminante: The Application Of Harmless Error Analysis To Admission Of A Coerced Confession In Violation Of The Due Clause Of The Fourteenth Amendment, Robert Paul

West Virginia Law Review

No abstract provided.