Law Commons^™

Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann

Faculty Scholarship

This Essay is an effort to construct a normative basis for a constitutional theory to resist the Supreme Court's recent decision in DeShaney v. Winnebago County Department of Social Services.¹ In DeShaney, the Court decided that a local social service worker's failure to prevent child abuse did not violate the due process clause of the fourteenth amendment even though the social worker "had reason to believe" the abuse was occurring. ² Chief Justice Rehnquist's opinion for the Court held that government inaction cannot violate due process unless the state has custody of the victim, ³ thus settling a controversial …

Rent Appropriation And The Labor Law Doctrine Of Successorship, Keith N. Hylton

Faculty Scholarship

When there is a change of corporate control in a business enterprise a question arises as to whether the new employer should be bound by the predecessor's collective bargaining relationship with the union representing the predecessor's employees. This is known as the successorship problem in labor law.' Successorship doctrine is complex and controversial. Several commentators have attempted to reconcile Supreme Court decisions and to ascertain the assumptions underlying the Court's opinions in this area.2 This Article does not attempt to do this, although paradoxically, the arguments presented may lead to reconciliation of many of the Supreme Court's decisions relating to …

The Solicitor General And The Evolution Of Activism, James L. Cooper

Indiana Law Journal

No abstract provided.

Resolving Retroactivity After: Teague V. Lane, Ellen E. Boshkoff

Indiana Law Journal

No abstract provided.

Substantive Due Process Analysis And The Lockean Liberal Tradition: Rethinking The Modern Privacy Cases, Jeffrey S. Koehlinger

Indiana Law Journal

No abstract provided.

In Lieu Of Preclusion: Reconciling Administrative Decisionmaking And Federal Civil Rights Claims, Marjorie A. Silver

Indiana Law Journal

No abstract provided.

Book Review: The Limits Of Judicial Power: The Supreme Court In American Politics, David S. Bogen

Faculty Scholarship

No abstract provided.

The Pattern Of Racketeering Element Of Rico Liability, Committee On Federal Courts Of The New York State Bar Association

Touro Law Review

No abstract provided.

Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn

Touro Law Review

No abstract provided.

Using The Constitution: Separation Of Powers And Damages For Constitutional Violations, James A. Thomson

Touro Law Review

No abstract provided.

Organizational Standing In Environmental Litigation, Jeanne A. Compitello

Touro Law Review

No abstract provided.

Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas

Touro Law Review

No abstract provided.

Federal Jurisdiction, Ronald J. Mann

Faculty Scholarship

One important task of the federal judiciary is to resolve cases presenting tensions between national and state governments. The United States Court of Appeals for the Fifth Circuit justly is renowned for its work in this area. One major, if not sensational, arena in which these tensions surface is in cases presenting issues of federal jurisdiction, pursuant to which federal courts allocate power between the national and state judicial systems.

During the survey period the Fifth Circuit published almost one hundred opinions dealing with substantive issues of federal jurisdiction. Like others before me, I have not undertaken in this essay …