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Harmful Use And The Takings Clause In The Eye Of The Beholder: Lucas V. South Carolina Coastal Council, Charles H. Clarke
Harmful Use And The Takings Clause In The Eye Of The Beholder: Lucas V. South Carolina Coastal Council, Charles H. Clarke
Cleveland State Law Review
Whichever of these two possibilities prevails, both possibilities require the courts to perform essentially legislative functions regardless, in other words, of whether public ecological resources receive insufficient or ample protection from private enterprise that wants to consume them. The traditional Takings Clause precedents, on the other hand, would give public ecological resources and private property ample protection with minimum judicial oversight. The traditional position seems preferable for this reason.
Developing A New Constitution For Poland, Andrzej Balaban
Developing A New Constitution For Poland, Andrzej Balaban
Cleveland State Law Review
Without examining the long, complicated, and even distinguished constitutional history of Poland, it is impossible to understand the challenge facing that country as endeavors to establish a new Polish constitution are underway. History and tradition have long been the inspirational force and strength behind Poland's continual resistance to aggressors and occupiers, including the communist authorities. Ultimately, the constitutional history of Poland proved to be a dominating factor in the defeat of communism and the development of an independent Polish state, changes which lead to similar events throughout the countries of Central and Eastern Europe. This examination of the constitutional history …
Re-Righting The Right To Privacy: The Supreme Court And The Constitutional Right To Privacy In Criminal Law, Jana Nestlerode
Re-Righting The Right To Privacy: The Supreme Court And The Constitutional Right To Privacy In Criminal Law, Jana Nestlerode
Cleveland State Law Review
Since the 1970's, federal legislation has expanded privacy rights in nonconstitutional areas. Juxtaposed against this more liberal legislative trend is the action of a significantly more conservative judiciary which has, and is, contracting that right in those areas governed by the Constitution. An examination of the Supreme Court's most recent decisions in the criminal law arena readily bears witness to this proclivity.