Law Commons^™

Constitutions Of The Countries Of The World: Kingdom Of Thailand, Sompong Sucharitkul

Publications

Draft chapter for Constitutions of the Countries of the World, Gisbert H. Flanz & Jefri Jay Ruchti, eds. (Oceana Publications).

Arbitrariness And The Death Penalty In An International Context, Mary K. Newcomer

Duke Law Journal

No abstract provided.

International Union United Mine Workers V. Bagwell: A Paradigm Shift In The Distinction Between Civil And Criminal Contempt , Philip A. Hostak

Cornell Law Review

No abstract provided.

Life Death And Public Policy , Larry I. Palmer

Cornell Law Review

No abstract provided.

Forces And Mechanisms In The Constitution-Making Process, Jon Elster

Duke Law Journal

No abstract provided.

Immigration Crisis In Federalism: A Comparison Of The United States And Canada, Kevin Tessier

Indiana Journal of Global Legal Studies

No abstract provided.

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

Indiana Law Journal

No abstract provided.

A Coherent Methodology For First Amendment Speech And Religion Clause Cases, Thomas R. Mccoy

Vanderbilt Law Review

It seems clear that any deliberate effort by government to impose religious orthodoxy will be held unconstitutional per se. A religiously motivated restriction on disfavored religious practices will be held to violate the Free Exercise Clause. Similarly, a religiously motivated attempt to promote or subsidize favored religious practices will be held to violate the Establishment Clause. These complimentary restrictions are now so ingrained in our political culture that the legislatures rarely transgress them.

The problem that has bedeviled the Supreme Court for many years is that government regulatory schemes and benefit programs designed to serve purely nonreligious objectives inevitably impact …

"Neither Force Nor Will", Lewis H. Larue

Scholarly Articles

Not available.

Alaska Supreme Court And Court Of Appeals Year In Review 1994, Laura E. Fahey, Steven D. Moore, James P. Ursomarso

Alaska Law Review

No abstract provided.

Welcome To The Last Frontier, Professor Gardner: Alaska’S Independent Approach To State Constitutional Interpretation, Ronald L. Nelson

Alaska Law Review

No abstract provided.

Exclusion To Emancipation: A Comparative Analysis Of Women's Citizenship In Australia And The United States 1869-1921, Linda J. Kirk

West Virginia Law Review

No abstract provided.

Is Moral Relativism A Constitutional Command?, Steven G. Gey

Indiana Law Journal

No abstract provided.

Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder

Journal Articles

This article presents Francis Lieber’s 1839 treatise “Legal and Political Hermeneutics” as a surprisingly modern and pragmatic account of interpretation. It first explicates the two most important influences on Liber’s thought, the romantic philology of Friedrich Schleiermacher, and the institutional positivism of Whig jurists Story and Kent. It shows that both of these sources frankly acknowledged that interpretation is an institutional practice, organized by the evolving aims and customs of the institutions within which it took place. Both tended to view the writing and reading of texts as the deployment of linguistic conventions. Both movements thereby viewed meaning for all …

Outpatient Civil Commitment In North Carolina: Constitutional And Policy Concerns, Erika F. King

Law and Contemporary Problems

Outpatient commitment of the mentally ill is court-ordered treatment in the community and is usually characterized by short, recurring visits to a mental health clinic that provides treatment such as medication, individual or group therapy, day or part-day activities or supervision of living arrangements. The history and design of the North Carolina preventive commitment scheme and constitutional difficulties with this statute are discussed.

Old Wine In New Bottles: The Constitutional Status Of Unconstitutional Speech, Mark A. Graber

Vanderbilt Law Review

This Article explores whether contemporary advocates of restrictions on bigoted expression have more in common with contemporary advocates of broad First Amendment rights or with past censors. The critical theorists who would ban some hate speech rely heavily on the equal citizenship principles that radical civil libertarians believe justify almost absolute speech rights. Past censors, however, also relied heavily on principles that libertarians in their generation thought justified almost absolute speech rights. The First Amendment, past and present censors argue, does not fully protect speech in- consistent with what they believe are basic constitutional values. This claim repudiates a basic …

Market Causes Of Constitutional Values, Christopher T. Wonnell

Case Western Reserve Law Review

No abstract provided.

Judicial Selection In The People’S Democratic Republic Of Pennsylvania: Here The People Rule?, Harry L. Witte

Harry L Witte

No abstract provided.

Liberalism And The Possibility Of Multi-Cultural Constitutionalism: The Distinction Between Deliberative And Dedicated Cultures, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.

Telling Stories About Constitutional Law, Lewis H. Larue

Scholarly Articles

Not available.

Parental Rights Vs. Best Interests Of The Child: A False Dichotomy In The Context Of Adoption, Annette R. Appell, Bruce A. Boyer

Duke Journal of Gender Law & Policy

I. Introduction: Identifying the Controversy The mythology of adoption involves a scenario in which a teenage girl gets pregnant, and neither she nor the father is ready to raise a child. Upon birth, these young parents voluntarily relinquish the baby to an upwardly mobile couple who have been waiting years to adopt. The adoptive parents become, in essence, the birth parents to the baby who grows up happy and well-adjusted. The birth parents vanish from the picture, perhaps eventually marrying and having additional children. No one looks back. But what happens to this myth when the birth mother changes her …

Are You My Mother?: Conceptualizing Children’S Identity Rights In Transracial Adoptions, Barbara Bennett Woodhouse

Duke Journal of Gender Law & Policy

I. Adoption and the Clash of Rights Perspectives Adoption law in the United States, depending on whom you ask, is either at a turning point or hopelessly gridlocked. 1 Many issues seem to defy consensus. Media reports of high profile adoption cases 2 have attracted enormous attention, not only because of their inherent drama, but also because they implicate highly contested definitions of what makes a family. Many of the most volatile adoption issues are couched in terms of rights: the birth mother's right to confidentiality; the adoptive parent's right to be treated equally without regard to race, ethnicity, religion, …

Planned Constitution Never Got Written, But Israel Still Got Constitutional Law, Marcia R. Gelpe

Faculty Scholarship

Israel's development of constitutional law without a written constitution presents a fascinating picture of how a system, unable to develop a constitution in the usual manner, has developed one in another manner. It shows how innovative lawmaking can be - and sometimes must be - to maintain a democratic political system.

The Constitutional Court: A Bulgarian Response To Obsolescent Law, David A. Levy

University of Miami International and Comparative Law Review

No abstract provided.

The Twenty-First Wisdom, Paul D. Carrington

Faculty Scholarship

No abstract provided.

The Incorporation Of International Law And The Impact On Constitutional Structures And Rights In Hungary, Duc V. Trang

Vanderbilt Journal of Transnational Law

In 1993, the Hungarian Constitutional Court upheld a draft law that would allow the prosecution of crimes committed during the 1956 uprising, despite the expiration of statutes of limitations. In reaching this result, the Court raised international law to the level of a constitutional standard by which Hungary's domestic laws would be judged. In this Article, the author examines the impact of the Court's decision to transform international law into domestic law. The author explores the implications of adopting international law on the relationship between the Court and other branches of the government, the development of domestic law, the growth …

The Constitutional Development Of Religious Freedom In Spain: An Historical Analysis, Daniel B. Montserrat

Florida State University Journal of Transnational Law & Policy

Religious freedom has always constituted a problem in Spain. It can be said that over the centuries, there has only existed intolerance and even on several occasions, persecution. Clearly, the times in which respect and peaceful coexistence occurred in Spain among the three principal religions were limited and fleeting. Unfortunately, even Spanish constitutional history is replete with examples of religious intolerance. From the Cddiz Constitution of 1808, liberal in its politics, but tremendously repressive with respect to religion up until the present day, there have been scarcely twentyfive years of "religious freedom." Recalling the period prior to the first constitution, …

Dunwody Distinguished Lecture In Law: The Values Of Federalism, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

Equality is the thread running through the fundamental liberties enshrined in our Constitution. ... Equality, expressed in Art 12 of the [Singapore] Constitution, is also a specific right enforceable by the court. The difficulty comes in applying this deceptively simple concept to real-life situations. ... In considering the validity of legislation, Singapore and Malaysian courts have generally favored rational review, a modest conception of equal protection, unlike their American counterparts which have adopted a more expansive reading in the form of strict and intermediate review. This article examines how these three levels of equal protection review operate, and argues that …

The Constitutional Dimension Of A National Products Liability Statute Of Repose, Stephen J. Werber

Law Faculty Articles and Essays

Constitutional issues arise in regard to many aspects of tort and products liability reform legislation. This article argues that statutes of repose are unconstitutional, with emphasis on open courts or right to remedy (open courts) and equal protection provisions. These issues reflect economic concerns at both federal and state legislative levels that seek to advance strongly perceived public policy. These concerns, in turn, affect substantial substantive rights. Freedom from personal injury, the right to life and safety, reflects more than the mere economic concerns of either the injured party or the product manufacturer. The ability to seek redress for such …