Law Commons^™

Citizen Initiatives In Florida: An Analysis Of Florida's Constitutional Initative Process, Issues, And Alternatives, P. K. Jameson, Martha Hosack

Florida State University Law Review

No abstract provided.

Revealing The Constitutional Infirmities Of The "Crime Victims Protection Act," Florida's New Privacy Statute For Sexual Assault Victims, Brett Jarad Berlin

Florida State University Law Review

No abstract provided.

Reconsidering Abortion Law: Liberty, Equality, And The Rhetoric Of Planned Parenthood V. Casey , Erin Daly

American University Law Review

No abstract provided.

Constitutional Analysis Of Indiana's Controlled Substance Excise Tax, F. Anthony Paganelli

Indiana Law Journal

No abstract provided.

"For Our Own Good:" Federal Preemption Of State Tort Law - Risk, Regulation, And The Goals Of Environmental Protection, John Robertson

William & Mary Environmental Law and Policy Review

No abstract provided.

The "Burden" Of Proof In Federal Habeas Litigation, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.

Commerce Clause Restraints On State Taxation After Jefferson Lines, Walter Hellerstein, Michael J. Mcintyre, Richard D. Pomp

Scholarly Works

The Supreme Court's 1977 decision in Complete Auto Transit, Inc. v. Brady signaled a paradigmatic shift in the Court's approach to state tax adjudication under the dormant Commerce Clause. In Complete Auto, the Court repudiated the formalistic school of interpretation that once had governed Commerce Clause analysis of state taxation because it bore ‘no relationship to economic realities.’ In its place, the Court embraced a decisional framework that ‘considered not the formal language of the tax statute but rather its practical effect.’ In furtherance of this objective, the Court suggested a four-part test to guide the constitutional analysis of state …

The Expulsion And Disqualification Of Legislators: Parliamentary Privilege And The Charter Of Rights, Andrew Heard

Dalhousie Law Journal

This article examines whetherthe Charter of Rights limits the ability of legislatures to expel sitting members and to disqualify individuals from running for election. The discussions reveal the uncertain breadth of the constitutional status that the Supreme Court of Canada accorded legislative privilege in New Brunswick Broadcasting Co. v. Nova Scotia (Speakerof the House of Assembly). The author argues that both explusion and disqualification should be included among the privileges that are beyond the Charter's purview.

Molecular Motions: The Holmesian Judge In Theory And Practice, Thomas C. Grey

William & Mary Law Review

No abstract provided.

Federal Standards For Sex Offender Registration: Public Disclosure Confronts The Right To Privacy, Catherine A. Trinkle

William & Mary Law Review

No abstract provided.

Section 7: Constitutional Structure: Federalism, Administrative Law, Checks And Balances, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

The Illusion Of Due Process In West Virginia's Property Tax Appeals System: Making The Constitution's Promise A Reality, Michael E. Caryl

West Virginia Law Review

No abstract provided.

The Wall Crumbles: A Look At The Establishment Clause Rosenberger V. Rector & Visitors Of The University Of Virginia, Paul L. Hicks

West Virginia Law Review

No abstract provided.

Association, Advocacy, And The First Amendment, Victor Brudney

William & Mary Bill of Rights Journal

No abstract provided.

Sources Of Rights To Access Public Information, Henry H. Perritt

William & Mary Bill of Rights Journal

No abstract provided.

The Ali, Supplemental Jurisdiction, And The Federal Constitutional Case, C. Douglas Floyd

BYU Law Review

No abstract provided.

Clinical Education Programs--An Overview, Robert Bloom

Robert M. Bloom

No abstract provided.

Shifts And Implications Of Federalism For Civil Rights, J. Clay Smith Jr.

Selected Speeches

No abstract provided.

The Public Safety Exception To Miranda: Analyzing Subjective Motivation, Marc Schuyler Reiner

Michigan Law Review

This Note argues, however, that the appropriate inquiry under Quarles is whether an actual and reasonable belief in an emergency motivated the interrogating officer. This Note proposes a two-prong test to facilitate this inquiry. The subjective motivation prong evaluates the officer's subjective motivation as revealed by objective factors: the. content of the officer's questions, when he asked them, and when the suspect received Miranda warnings. The objective reasonableness prong looks at the objective circumstances to determine the reasonableness of the officer's belief in an emergency.

Part I demonstrates that the Quarles opinion actually contemplates and requires analysis of the officer's …

The Public Safety Exception To Miranda: Analyzing Subjective Motivation, Marc Schuyler Reiner

Michigan Law Review

This Note argues, however, that the appropriate inquiry under Quarles is whether an actual and reasonable belief in an emergency motivated the interrogating officer. This Note proposes a two-prong test to facilitate this inquiry. The subjective motivation prong evaluates the officer's subjective motivation as revealed by objective factors: the. content of the officer's questions, when he asked them, and when the suspect received Miranda warnings. The objective reasonableness prong looks at the objective circumstances to determine the reasonableness of the officer's belief in an emergency.

Part I demonstrates that the Quarles opinion actually contemplates and requires analysis of the officer's …

The Dormant Commerce Clause And State-Mandated Preference Laws In Public Contracting: Developing A More Substantive Application Of The Market-Participant Exception, Benjamin C. Bair

Michigan Law Review

This Note argues that the current focus on the relationship between states and their local governments as the key determinant of the constitutional validity of state-mandated preference laws is flawed. Instead, a court considering the validity of a state-mandated preference law should uphold such a law only if it distributes the benefits of state expenditures to state residents and does not excessively burden interstate commerce.

From The Corrupt Few To The Incompetent Many: Questionable Causes And Unintended Effects Of The Direct Election Of Senators, Christopher Hoebeke

Christopher H Hoebeke

, August 31-September 3, 1995.

Is The Pearson Airport Legislation Unconstitutional?: The Rule Of Law As A Limit On Contract Repudiation By Government, Patrick J. Monahan

Osgoode Hall Law Journal

It has long been assumed that Parliament has unlimited power to enact legislation cancelling valid contracts and denying compensation to any persons affected. This paper challenges that conventional wisdom. The author argues that the principle of the rule of law requires that governments be accountable in the ordinary courts for wrongful actions of government officials. This principle is undermined if government is absolved from any liability for breach of a fairly bargained and valid contract. Thus, legislation purporting to abrogate contracts and deny compensation is invalid, since it violates the implied limits on legislative authority associated with the rule of …

A Practitioner's Guide To Challenging And Defending Legislatively Proposed Constitutional Amendments In Arkansas, Stephen B. Niswanger

University of Arkansas at Little Rock Law Review

No abstract provided.

"Neither Force Nor Will", Lewis H. Larue

Scholarly Articles

Not available.

State Constitutional Litigation, Educational Finance, And Legal Impact: An Empirical Analysis, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

A Theory Of Compulsory Process Clause Discovery Rights, Jean Montoya

Indiana Law Journal

No abstract provided.

State V. Young And The New Test For Privacy In Washington, Michael M. Suga

Washington Law Review

In State v. Young, the Washington Supreme Court determined that the warrantless use of an infrared thermal detection device on the home of a suspected marijuana grower was a violation of Article I, Section 7 of the Washington State Constitution. This Note argues that the court's test for determining privacy rights under Article I, Section 7 is flawed in form and fails to achieve those goals set forth by the court. It suggests an alternative test for Article I, Section 7 privacy rights as well as a remedial prerequisite standard of proof in cases involving minimally intrusive surveillance techniques.

Constitutional Civil Law, Albert Sidney Johnson

Mercer Law Review

During the 1994 survey period, the United States Court of Appeals for the Eleventh Circuit experienced a period of consolidation and clarification in constitutional civil law. The application of the clearly established law test in qualified immunity determinations has become more consistent, favoring a fact-specific, circuit-based precedent rather than the more generalized test sometime applied by individual panels.

Several cases with constitutional implications were revisited en banc during the survey period producing a variety of results. In public employment cases and land use cases involving state created property rights, the Eleventh Circuit has retrenched and virtually abandoned any recognition of …

Constitutional Criminal Procedure, Edward D. Lukemire, John Lynch

Mercer Law Review

This year's survey of Eleventh Circuit criminal cases is primarily a review of those decisions which involve significant constitutional issues. As in recent years, a substantial number of the court's decisions resulted from drug prosecutions. This is due to the increase in federal resources devoted to drug prosecutions and the substantially longer sentences which often result from a federal drug conviction as compared to a state conviction for the same offense. The court also decided a great many cases involving issued interpreting the Federal Sentencing Guidelines. Even though these cases do not usually involve constitutional issues, the authors decided to …