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Articles 361 - 390 of 393
Full-Text Articles in Law
Book Review, S. Candice Hoke
Book Review, S. Candice Hoke
Law Faculty Articles and Essays
The author reviews Federalism and Rights by Ellis Katz and G. Alan Tarr and To Make a Nation: The Rediscovery of American Federalism by Samuel H. Beer.
The Meaning Of Blacks' Fidelity To The Constitution, Dorothy E. Roberts
The Meaning Of Blacks' Fidelity To The Constitution, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
South Africa's Amnesty Process: A Viable Route Toward Truth And Reconciliation, Emily H. Mccarthy
South Africa's Amnesty Process: A Viable Route Toward Truth And Reconciliation, Emily H. Mccarthy
Michigan Journal of Race and Law
The road to democracy for South Africa was based on compromise. One of the most significant compromises made by the negotiators was the acceptance of an amnesty process culminating in the passage of the Promotion of National Unity and Reconciliation Act of 1995. The Act grants full indemnity from criminal and civil prosecution to anyone affiliated with a political organization who committed an "act associated with a political objective" and who fully discloses all relevant facts. The purpose of the Act is twofold: to establish the "truth" about the apartheid past and to promote "reconciliation" among South Africans. Unfortunately, such …
Dual Sovereignty And The Double Jeopardy Clause: If At First You Don't Convict, Try, Try, Again , Robert Matz
Dual Sovereignty And The Double Jeopardy Clause: If At First You Don't Convict, Try, Try, Again , Robert Matz
Fordham Urban Law Journal
This Note argues that the application of the dual sovereignty doctrine to cases involving successive state and federal prosecutions, where the initial prosecution resulted in an acquittal, violates the Double Jeopardy Clause of the Fifth Amendment. Part I discusses the rationale for the prohibition against double jeopardy and the principle of dual sovereignty. Part II outlines the Supreme Court jurisprudence regarding successive prosecutions brought by independent sovereigns. Part III reviews the arguments against applying the dual sovereignty doctrine in the context of successive prosecutions where the initial prosecution resulted in an acquittal and proposes that the Supreme Court reconsider the …
Liberalized Immigration As Free Trade: Economic Welfare And The Optimal Immigration Policy, Howard F. Chang
Liberalized Immigration As Free Trade: Economic Welfare And The Optimal Immigration Policy, Howard F. Chang
All Faculty Scholarship
No abstract provided.
Confrontation And The Definition Of Chutzpa, Richard D. Friedman
Confrontation And The Definition Of Chutzpa, Richard D. Friedman
Articles
You may know the standard illustration of chutzpa - the man who kills both his parents and then begs the sentencing court to have mercy on an orphan. In this article, I discuss a case of chutzpa that is nearly as outlandish - the criminal defendant who, having rendered his victim unavailable to testify, contends that evidence of the victim's statement should not be admitted against him because to do so would violate his right to confront her. I contend that in a case like this the defendant should be deemed to have forfeited the confrontation right. On the same …
A Worthy Champion For Fourteenth Amendment Rights: The United States In Parens Patriae, Larry Yackle
A Worthy Champion For Fourteenth Amendment Rights: The United States In Parens Patriae, Larry Yackle
Faculty Scholarship
When the Clinton Administration announced its intention to challenge Proposition 209, the new prohibition on affirmative action in California, the Justice Department declined to say whether the United States would formally intervene in the lawsuit already under way or merely file an amicus brief supporting the plaintiffs. Casual observers may have assumed that the Administration considered the form of its participation to raise further political and strategic considerations. That was undoubtedly true. It was also true, however, that Justice Department lawyers faced a legal question as well. According to the precedents on point, the United States required an authorizing statute …
Reading Holmes Through The Lens Of Schauer: The Abrams Dissent, Vincent A. Blasi
Reading Holmes Through The Lens Of Schauer: The Abrams Dissent, Vincent A. Blasi
Faculty Scholarship
Even the best scholars rarely persuade. Mostly, they illuminate. They make us more discerning readers and interlocutors.
Here I want to illustrate how Frederick Schauer's work on the law of free speech can help us to read what may be the single most influential judicial opinion ever written on that subject, Justice Holmes's famous dissent in Abrams v. United States. So far as I am aware, Schauer has not produced anything like a line-by-line parsing of the Holmes opinion. I claim nevertheless that a reader familiar with Schauer's ideas is far better prepared on that account to understand what Holmes …
Principles And Passions: The Intersection Of Abortion And Gun Rights , Nicholas J. Johnson
Principles And Passions: The Intersection Of Abortion And Gun Rights , Nicholas J. Johnson
Faculty Scholarship
In this article, Professor Nicholas J. Johnson explores the parallels between the right of armed self-defense and the woman's right to abortion. Professor Johnson demonstrates that the theories and principles advanced to support the abortion right intersect substantially with an individual's right to armed self-defense. Professor Johnson uncovers common ground between the gun and abortion rights - two rights that have come to symbolize society's deepest social and cultural divisions - divisions that prompt many to embrace the abortion right while summarily rejecting the gun right. Unreflective disparagement of the gun right, he argues, threatens the vitality of the abortion …
A Perry, Perry Poor Policy Promoting Prejudice Rebuked By The Reality Of The Romer Ruling: Thomasson V. Perry, Amy E. Pizzutillo
A Perry, Perry Poor Policy Promoting Prejudice Rebuked By The Reality Of The Romer Ruling: Thomasson V. Perry, Amy E. Pizzutillo
Villanova Law Review
No abstract provided.
Emphasizing The Constitutional In Constitutional Torts (Symposium On Section 1983), Christina B. Whitman
Emphasizing The Constitutional In Constitutional Torts (Symposium On Section 1983), Christina B. Whitman
Articles
It has been surprisingly difficult to extricate constitutional litigation from torts. In this Article I would like to resist once more' the idea that tort doctrines and tort categories provide a useful model for constitutional decision-making. When it comes to deciding the merits of a constitutional claim, torts is a distraction. That is the case whether torts serves as a positive model for the constitutional cause of action or as an alternative to be shunned. As part of this argument, I also question the claim2 that Monroe v. Pape,3 the 1961 case that opened the door for damages relief under …
Book Review. American Constitutionalism: From Theory To Politics, Daniel O. Conkle
Book Review. American Constitutionalism: From Theory To Politics, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
The Constitutional Right To "Conservative" Revolution, David C. Williams
The Constitutional Right To "Conservative" Revolution, David C. Williams
Articles by Maurer Faculty
No abstract provided.
Interstate Dialogue In State Constitutional Law, Patrick L. Baude
Interstate Dialogue In State Constitutional Law, Patrick L. Baude
Articles by Maurer Faculty
No abstract provided.
The Implications Of The Equal Protection Clause For The Mandatory Integration Of Public School Students, Kevin D. Brown
The Implications Of The Equal Protection Clause For The Mandatory Integration Of Public School Students, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Learning From Lincoln, William Michael Treanor
Learning From Lincoln, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
The most arresting aspect of Jack Balkin's thought-provoking paper about the consequences of fidelity to the Constitution is his use of Abraham Lincoln. Professor Balkin offers Lincoln as a prime example of someone blinded by fidelity to the Constitution. Lincoln's fidelity to the Constitution, Balkin tells us, allowed him to make a kind of peace with slavery, to think that it was "not so great an evil that it had to be abolished immediately." This is such a powerful point because, 130 years after Lincoln's assassination, we mourn him still. We mourn him because we miss his leadership, we miss …
Review Of Regulatory Takings: Law, Economics And Politics, By William A. Fischel, William Michael Treanor
Review Of Regulatory Takings: Law, Economics And Politics, By William A. Fischel, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
This article reviews Regulatory Takings: law, Economics and Politics by William A. Fischel (1997).
William Fischel's Regulatory Takings confronts one of the most difficult and significant questions in constitutional law: how should courts determine which government regulations run afoul of the takings clause of the Fifth Amendment, which requires the government to provide compensation when it takes private property? Broadly read, the clause would bar government regulations with redistributive consequences, thus rendering the modern regulatory state unconstitutional. This reading, championed by Professor Richard Epstein, has achieved great prominence in academic and political debates, but the vast preponderance of judges and …
The Armstrong Principle, The Narratives Of Takings, And Compensation Statutes, William Michael Treanor
The Armstrong Principle, The Narratives Of Takings, And Compensation Statutes, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
The Takings Clause of the Fifth Amendment is famous for inspiring disagreement. More than one hundred years have passed since the Supreme Court departed from the original understanding of the clause and interpreted regulations as potentially falling within its ambit. Although the passage of time has established the principle that regulations can run afoul of the Takings Clause, the Court has been unable to offer a coherent vision of when compensation is required. Academic commentators also have failed to reach agreement on the issue, offering an enormous range of solutions to the takings question. The newest field of controversy involves …
Necessary And Proper, Randy E. Barnett
Necessary And Proper, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
In this article, the author maintains that, if the courts are to hold Congress to the exercise of its enumerated powers, then they must come to grips with the congressional power: "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." While the Necessary and Proper Clause has long been used to greatly expand congressional power, he argues that, to the contrary, it provides a two-part standard against which all national …
Campaign Finance, The Parties And The Court: A Comment On Colorado Republican Federal Campaign Committee V. Federal Elections Commission, Richard Briffault
Campaign Finance, The Parties And The Court: A Comment On Colorado Republican Federal Campaign Committee V. Federal Elections Commission, Richard Briffault
Faculty Scholarship
Last term, In Colorado Republican Federal Campaign Committee v. Federal Election Commission, the Supreme Court considered a direct attack on the constitutionality of the Federal Election Campaign Act's ("FECA") limits on political party expenditures. Colorado Republican was the Court's first campaign finance case in six years and the first in which the four Justices appointed by Presidents Bush and Clinton had an opportunity to participate. Colorado Republican was also the first case in the twenty-year regime of Buckley v. Valeo concerned with the constitutionality of restrictions on parties. Coming at a time of rising public concern, increased legislative activity, …
Recent Legislation: Constitutional Law – Congress Imposes New Restrictions On Use Of Funds By The Legal Services Corporation – Omnibus Consolidated Rescissions And Appropriations Act Of 1996, Pub. L. No. 104-134, 110 Stat. 1321, Benjamin L. Liebman
Faculty Scholarship
Fierce political battles have raged about the Legal Services Corporation (LSC) for much of its twenty-three year history. Critics have attacked LSC for pursuing a "radical agenda" and for "engaging in dubious litigation that is of no real benefit to poor people," while supporters have termed LSC "the one program in the entire war on poverty that made a difference" and have decried the "campaign to deny the right of legal representation to the poor." Last year, in the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (OCRAA), Congress reduced LSC funding by thirty percent – to $278 million in …
Does Public Choice Theory Justify Judicial Activism After All?, Thomas W. Merrill
Does Public Choice Theory Justify Judicial Activism After All?, Thomas W. Merrill
Faculty Scholarship
Some legal scholars have argued that public choice theory justifies certain kinds of judicial activism. Others have said it does not. Given the present state of the debate, it would appear that those finding no necessary support for judicial activism have the stronger argument. I will suggest, however, that if we tweak the analysis a little further, it may turn out that public choice theory provides limited support for judicial activism after all.
"Automobile Searches." Chapter 4d, 4d-1– 4d-62, "Suppression Of Illegally Obtained Evidence: Pretext Searches." Chapter 83, 83-1 - 83-18, Robert Bloom
Robert M. Bloom
No abstract provided.
Constitutional Law: The Lack Of Constitutional Protection Against Verbal Sexual Harassment In The Schools [Abeyta Ex Rel. Martinez V. Chama Valley Independent School District, 77 F.3d 1253 (10th Cir. 1996)] (Comments), Susan Hascall
Susan C. Hascall
No abstract provided.
Blood Transfusions, Jehovah’S Witnesses, And The American Patients’ Rights Movement, Charles Baron
Blood Transfusions, Jehovah’S Witnesses, And The American Patients’ Rights Movement, Charles Baron
Charles H. Baron
Text in Chinese. English edition appears in Transfusion Medicine and Alternatives to Blood Transfusion, Network for Advancement of Transfusion Alternatives, 219-230. Paris: R & J Éditions médicales, 2000.
From Rights To Regulation In Corporate Law, Kent Greenfield
From Rights To Regulation In Corporate Law, Kent Greenfield
Kent Greenfield
No abstract provided.
Out Yet Unseen: A Racial Critique Of Gay And Lesbian Legal Theory And Political Discourse, Darren Hutchinson
Out Yet Unseen: A Racial Critique Of Gay And Lesbian Legal Theory And Political Discourse, Darren Hutchinson
Darren L Hutchinson
"Commencement Of Action." Chapter 3 (Co-Authored With Daniel R. Coquillette) 3-1–3-34, "Time." Chapter 6, 6-1– 6-143, "Applicability In General." Chapter 81, 81-1–81-40, Robert Bloom
Robert M. Bloom
No abstract provided.
Book Note (Reviewing Wayne D. Moore, Constitutional Rights And Powers Of The People (1996), Robert Lipkin
Book Note (Reviewing Wayne D. Moore, Constitutional Rights And Powers Of The People (1996), Robert Lipkin
Robert Justin Lipkin
No abstract provided.
The American Patients' Rights Movement And Bloodless Surgery, Charles Baron
The American Patients' Rights Movement And Bloodless Surgery, Charles Baron
Charles H. Baron
No abstract provided.