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The Less Restrictive Alternative In Constitutional Adjudication: An Analysis, A Justification, And Some Criteria, Robert M. Bastress, Jr.
The Less Restrictive Alternative In Constitutional Adjudication: An Analysis, A Justification, And Some Criteria, Robert M. Bastress, Jr.
Vanderbilt Law Review
The past two decades have witnessed enormous changes in both substantive constitutional law and the courts' approach to constitutional questions. The frequent application of the doctrine of less restrictive alternatives has been a factor of increasingly significant proportions in effecting these changes. Although the doctrine has long been part of our jurisprudence,' it did not begin to have a serious impact until the Warren Court years, and, despite its widely diversified use today, the concept is almost always applied without discussion. Succinctly and broadly stated, the doctrine requires that a state not employ a specific means to accomplish an admittedly …
The Reconciliation Of Land Use Laws And The Right To Travel: Toward A Realistic Standard Of Judicial Review
Washington and Lee Law Review
No abstract provided.
A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne
A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne
Faculty Scholarship
This comparison of United States v. Nixon and the Pentagon Papers case finds the greatest similarity and significance shared by the two cases was the anti-climactic nature of their conclusions. While both cases concerned constitutional questions of the highest order, centered around the scope of the executive power, both cases were drawn on such narrow grounds that there was hardly any effect on constitutional law doctrine.