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Full-Text Articles in Law
The Constitutionality Of Mandatory Public School Community Service Programs, Rodney A. Smolla
The Constitutionality Of Mandatory Public School Community Service Programs, Rodney A. Smolla
Law and Contemporary Problems
Constitutional challenges to community service programs may be divided into two generic types--those raised by students or parents who object to the requirement of community service, and those raised by students, parents, organizations, or agencies who object to the selection criteria used to include or exclude organizations or agencies eligible to participate in community service programs.
The Independent Counsel Statute And Questions About Its Future, Orrin G. Hatch
The Independent Counsel Statute And Questions About Its Future, Orrin G. Hatch
Law and Contemporary Problems
Despite the divergence of opinion regarding the Ethics in Government Act, it appears there is a growing public consensus that the Act is genuinely and seriously flawed. Whether these flaws can be corrected is in serious doubt.
The Independent Counsel Statute: An Idea Whose Time Has Passed, Herbert J. Miller Jr., John P. Elwood
The Independent Counsel Statute: An Idea Whose Time Has Passed, Herbert J. Miller Jr., John P. Elwood
Law and Contemporary Problems
No abstract provided.
The Independent Counsel Statute: A Legal History, Benjamin J. Priester, Paul G. Rozelle, Mirah A. Horowitz
The Independent Counsel Statute: A Legal History, Benjamin J. Priester, Paul G. Rozelle, Mirah A. Horowitz
Law and Contemporary Problems
Priester et al provide a comprehensive legal history of the independent counsel statute from its inception in 1978 until its apparent last hurrah in 1999. They also explore the role of the independent counsel in the history and practice of the government's evidentiary privileges.
Can The Independent Counsel Statute Be Saved?, Katy J. Harriger
Can The Independent Counsel Statute Be Saved?, Katy J. Harriger
Law and Contemporary Problems
The independent counsel provisions of the Ethics in Government Act face an uncertain future. Harriger argues that the statute in its current form meets virtually none of the goals Congress intended in 1978 and that the statute should be substantially revised in an effort to minimize the costs and maximize the benefits.
Putting Law And Politics In The Right Places — Reforming The Independent Counsel Statute, Christopher H. Schroeder
Putting Law And Politics In The Right Places — Reforming The Independent Counsel Statute, Christopher H. Schroeder
Law and Contemporary Problems
The fundamental flaw in the independent counsel statute consists of its attempt to convert a political decision, the decision whether to refer to a case of public corruption to an investigator outside normal prosecutorial offices, into a legal one. When the Independent Counsel Reauthorization Act of 1994 expires on Jun 30, 1999, it should not be reenacted unless this flaw is eliminated.
Eighth Amendment Meanings From The Aba’S Moratorium Resolution, Louis D. Bilionis
Eighth Amendment Meanings From The Aba’S Moratorium Resolution, Louis D. Bilionis
Law and Contemporary Problems
Bilionis argues that the American Bar Association's moratorium resolution on capital punishment doesn't challenge the capacity of the Eighth Amendment.
Sentenced For A “Crime” The Government Did Not Prove: Jones V. United States And The Constitutional Limitations On Factfinding By Sentencing Factors Rather Than Elements Of The Offense, Benjamin J. Priester
Sentenced For A “Crime” The Government Did Not Prove: Jones V. United States And The Constitutional Limitations On Factfinding By Sentencing Factors Rather Than Elements Of The Offense, Benjamin J. Priester
Law and Contemporary Problems
Priester argues that the Constitution does restrict the power of the legislature by requiring that certain facts be proved as elements of the offense. He notes the Supreme Court's missed opportunity in "Jones v. United States" to adopt the test proposed by Justice Scalia.
Outpatient Civil Commitment In North Carolina: Constitutional And Policy Concerns, Erika F. King
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.
Health Care Reform And The Constitutional Limits On Private Accreditation As An Alternative To Direct Government Regulation, Michael J. Astrue
Health Care Reform And The Constitutional Limits On Private Accreditation As An Alternative To Direct Government Regulation, Michael J. Astrue
Law and Contemporary Problems
The various subagencies of the HHS have opposing positions on the use of private accreditation in health care regulation, due to their different views of their missions. The use of the private delegation doctrine, an obscure constitutional doctrine, in health care cases in court is examined.
Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen J. Wermiel
Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen J. Wermiel
Law and Contemporary Problems
The confirmation process for Supreme Court justices is examined as a form of indirect constitutional interpretation by the Senate. Recent confirmation struggles are used as examples.
Congress, The Fcc, And The Search For The Public Trustee, Neal Devins
Congress, The Fcc, And The Search For The Public Trustee, Neal Devins
Law and Contemporary Problems
The features of constitutional politics involving independent agencies are discussed through an examination of FCC efforts to repudiate regulatory initiatives designed to facilitate diversity in broadcasting.
The President’S Power Of Interpretation: Implications Of A Unified Theory Of Constitutional Law, Geoffrey P. Miller
The President’S Power Of Interpretation: Implications Of A Unified Theory Of Constitutional Law, Geoffrey P. Miller
Law and Contemporary Problems
No abstract provided.
At The President’S Side: The Role Of The White House Counsel In Constitutional Policy, Jeremy Rabkin
At The President’S Side: The Role Of The White House Counsel In Constitutional Policy, Jeremy Rabkin
Law and Contemporary Problems
The suicide of the Deputy Counsel Vincent Foster focused new attention on the office of White House Counsel. The role of the counsel in constitutional policy is discussed.
Black And White Images, John H. Garvey
Black And White Images, John H. Garvey
Law and Contemporary Problems
Whether the National Endowment for the Arts can control the content of speech that it pays for is a hard First Amendment question. The way in which Congress has tried to answer it is discussed.
The Lawmaking Congress, Roger H. Davidson
The Lawmaking Congress, Roger H. Davidson
Law and Contemporary Problems
General guidelines for understanding how the task of framing and reviewing constitutional issues is approached by senators and representatives in Congress are presented.
Voting Rights And The “Statutory Constitution”, Peter M. Shane
Voting Rights And The “Statutory Constitution”, Peter M. Shane
Law and Contemporary Problems
The appeal of regarding certain statutes as having constitutional status is discussed. The possibility that certain statutes may lay claim to expressing fundamental law in a way that entitles them to be included within the range of material relevant to constitutional interpretation is examined.
The Legislative Veto: Invalidated, It Survives, Louis Fisher
The Legislative Veto: Invalidated, It Survives, Louis Fisher
Law and Contemporary Problems
The Supreme Court's decision in "INS vs Chadha" is examined, and the origins of the legislative veto and its traditional place in the lawmaking process is discussed.
Disagreement And Interpretation, Robert F. Nagel
Disagreement And Interpretation, Robert F. Nagel
Law and Contemporary Problems
The question of what weight--if any--courts should give to elected government resistance to court decisions is examined. A principle is sought that explains why courts should not consider local resistance when deliberating on constitutional questions.
Foreword, Neal Devins
The Injunction In Aid Of Legal Rights—An Australian Perspective, William Gummow
The Injunction In Aid Of Legal Rights—An Australian Perspective, William Gummow
Law and Contemporary Problems
In Australia, as in the US, the injunction is rapidly losing its character as an extraordinary equitable remedy. Provisions in Australian constitutional law that pertain to the law of injunctions are discussed.
Constitutional Equity And The Innovative Tradition, William T. Quillen
Constitutional Equity And The Innovative Tradition, William T. Quillen
Law and Contemporary Problems
It is argued that the court's status as a general equity court with constitutionally vested jurisdiction has benefitted the legal system. The Delaware court of chancery is an example of an equity court that resolves complex disputes expeditiously and lets the litigants move on.
The Dimensions Of American Constitutional Equality, J. Harvie Wilkinson Iii
The Dimensions Of American Constitutional Equality, J. Harvie Wilkinson Iii
Law and Contemporary Problems
Liberty and equality are the hallmark characteristics of any legal order. Constitutional equality in the US is discussed. The rights of equality are not economic in nature, and they are not subject to strictly majority rule.
Free Speech In The United States And Canada, Kent Greenawalt
Free Speech In The United States And Canada, Kent Greenawalt
Law and Contemporary Problems
A comparison of freedom of speech in the US and Canada is presented. Supreme Court decisions on this issue in both countries are discussed. Both countries believe that free speech is central to liberal democracy.
Article Nine Of Japan’S Constitution: From Renunciation Of Armed Force “Forever” To The Third Largest Defense Budget In The World, James E. Auer
Article Nine Of Japan’S Constitution: From Renunciation Of Armed Force “Forever” To The Third Largest Defense Budget In The World, James E. Auer
Law and Contemporary Problems
No abstract provided.
Comment , Kazuyuki Takahashi
Comment, Hiroyuki Hata
Comment, Margaret Mckean
Freedom Of Economic Activities And The Right To Property, Matsuo Nakamura
Freedom Of Economic Activities And The Right To Property, Matsuo Nakamura
Law and Contemporary Problems
No abstract provided.
Rights Of The Criminally Accused, B. J. George Jr.
Rights Of The Criminally Accused, B. J. George Jr.
Law and Contemporary Problems
No abstract provided.