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Articles 1 - 19 of 19
Full-Text Articles in Law
Fiddling With The Constitution While Rome Burns: The Case Against The Voting Rights Act Of 1965, Dr. James Mcclellan
Fiddling With The Constitution While Rome Burns: The Case Against The Voting Rights Act Of 1965, Dr. James Mcclellan
Louisiana Law Review
No abstract provided.
Zipes V. Trans World Airlines, Inc., Lewis Powell Jr.
Zipes V. Trans World Airlines, Inc., Lewis Powell Jr.
Supreme Court Case Files
No abstract provided.
California V. Grace Brethren Church, Lewis F. Powell Jr
California V. Grace Brethren Church, Lewis F. Powell Jr
Supreme Court Case Files
No abstract provided.
Board Of Education Of The Hendrick Hudson Central School District, Westchester County V. Rowley, Lewis F. Powell Jr.
Board Of Education Of The Hendrick Hudson Central School District, Westchester County V. Rowley, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Social Order And The Limits Of Law: A Theoretical Essay, Arthur S. Miller
Social Order And The Limits Of Law: A Theoretical Essay, Arthur S. Miller
Vanderbilt Law Review
Professor Jenkins maintains that Americans demand that "the law solve all of [their] problems and secure all of [their] purposes." The result is that we "so overload the legal apparatus that it short circuits, creating a spectacular display of fireworks but affecting nothing save its own wreckage."' That assertion, even if only partially accurate, merits close and continuing attention. Jenkins' analysis of that hypothesis--that proposition-is at once thought-provoking and illuminating. We are all in his debt for having written such a challenging book, even though I have some fundamental disagreements with how he develops that theme. Jenkins' work is a …
Ramah Navajo School Board V. Bureau Of Revenue Of New Mexico, Lewis F. Powell Jr.
Ramah Navajo School Board V. Bureau Of Revenue Of New Mexico, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Conflict Management In The Canadian Federal System, J. R. Mallory
Conflict Management In The Canadian Federal System, J. R. Mallory
Law and Contemporary Problems
No abstract provided.
Foreword, Michael Lieberman
Living With Gertz: A Practical Look At Constitutional Libel Standards, Lewis H. Larue
Living With Gertz: A Practical Look At Constitutional Libel Standards, Lewis H. Larue
Scholarly Articles
None available.
Integration Maintenance: The Unconstitutionality Of Benign Programs That Discourage Black Entry To Prevent White Flight, Rodney A. Smolla
Integration Maintenance: The Unconstitutionality Of Benign Programs That Discourage Black Entry To Prevent White Flight, Rodney A. Smolla
Scholarly Articles
Not available.
Constitutional Law - Mootness - Personal Stake - Class Actions, Thomas F. Smida
Constitutional Law - Mootness - Personal Stake - Class Actions, Thomas F. Smida
Duquesne Law Review
The United States Supreme Court has held that an action brought on behalf of a class may be appealed upon expiration of the named plaintiffs substantive claim even though the class certification has been denied.
United States Parole Commission v. Geraghty, 445 U.S. 388 (1980).
Constitutional Law - Police Power - Equal Protection - Voluntary Deviate Sexual Intercourse Statute, Louis Bader
Constitutional Law - Police Power - Equal Protection - Voluntary Deviate Sexual Intercourse Statute, Louis Bader
Duquesne Law Review
The Pennsylvania Supreme Court has held that the Pennsylvania voluntary deviate sexual intercourse statute is beyond the valid exercise of the state's police power and is violative of the equal protection clauses of the Constitution of the United States and the Constitution of the Commonwealth of Pennsylvania.
Commonwealth v. Bonadio, 490 Pa. 91, 415 A.2d 47 (1980).
Democracy And Distrust: A Theory Of Judicial Review, Michael Conant
Democracy And Distrust: A Theory Of Judicial Review, Michael Conant
Vanderbilt Law Review
This review is a critique of the major themes in Democracy and Distrust: A Theory of Judicial Review,' by Professor John Hart Ely of Harvard Law School. Ely primarily addresses the amount of discretion exercised by Supreme Court justices in deciding constitutional cases, a fundamental issue since few scholars today would contest the actual existence of the judicial review power of the Court. Ely's thorough scholarship presents a fine discussion of the Court's legitimacy when it extends its discretion beyond the base of the actual constitutional language. Professor Ely misses the mark, however, in his argument that certain open-ended constitutional …
Federalism As A Fundamental Value: National League Of Cities In Perspective, Robert F. Nagel
Federalism As A Fundamental Value: National League Of Cities In Perspective, Robert F. Nagel
Publications
No abstract provided.
A Comment On The Burger Court And "Judicial Activism", Robert F. Nagel
A Comment On The Burger Court And "Judicial Activism", Robert F. Nagel
Publications
No abstract provided.
American Constitutional Law 1976–1981, Donald P. Kommers, Kenneth Ripple, John A. Scanlan
American Constitutional Law 1976–1981, Donald P. Kommers, Kenneth Ripple, John A. Scanlan
Journal Articles
From the Introduction:
"The principal goal of this report is to chart for an essentially non-American audience the course of doctrinal movement and change in important areas of American constitutional law. The report relics almost entirely upon primary sources, particularly the decisions and opinions of the United States Supreme Court. The opinions and decisions discussed here arc those which in our view have had the most impact upon American governmental institutions, political processes, and constitutional policy in the period under review. In the short space provided we clearly cannot cover developments in all areas of American constitutional law. One such …
Recent Development, Constitutional Law: Protection Against Illegal Search And Seizure--Blackie's House Of Beef, Inc. V. Castillo, No. 79-1057 & 79-2358 (D.C. Cir. July 22, 1981), Stephen James Anaya
Recent Development, Constitutional Law: Protection Against Illegal Search And Seizure--Blackie's House Of Beef, Inc. V. Castillo, No. 79-1057 & 79-2358 (D.C. Cir. July 22, 1981), Stephen James Anaya
Publications
No abstract provided.
A Reply To Professor Ball, Philip Chase Bobbitt
A Reply To Professor Ball, Philip Chase Bobbitt
Faculty Scholarship
Although it has been observed that approaching an allegedly universalistic theory by asserting the time- and culture-bound nature of that theory is an attack of some sort, Professor Ball does not take my lectures to be a rebuke to the enterprise in which he, Professor Tushnet, and others are engaged. Instead, he complains that I do not examine the relation between constitutional argument, on the one hand, and, on the other, social, political, and economic interests. This is a mistaken reading of my work. It is nice to be told that Tushnet and Ball accept my formulation "that in our …