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Articles 1 - 24 of 24
Full-Text Articles in Law
Clarification And Disruption: The Effect Of Gasperini V. Center For Humanities Inc. On The Erie Doctrine , J. Benjamin King
Clarification And Disruption: The Effect Of Gasperini V. Center For Humanities Inc. On The Erie Doctrine , J. Benjamin King
Cornell Law Review
No abstract provided.
Symbolic Statues And Real Laws: The Pathologies Of The Antiterrorism And Effective Death Penalty Act And The Prison Litigation Reform Act, Mark Tushnet, Larry Yackle
Symbolic Statues And Real Laws: The Pathologies Of The Antiterrorism And Effective Death Penalty Act And The Prison Litigation Reform Act, Mark Tushnet, Larry Yackle
Duke Law Journal
Criminals are not popular. No politician in recent memory has lost an election for being too tough on crime. In 1996, the Republican Congress and the Democratic President collaborated on two major statutes affecting the legal protections available to criminals. The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) modifies the habeas corpus statute in a number of ways, affecting the disposition of federal post-conviction challenges to all criminal convictions, not just those resulting in death sentences. The Prison Litigation Reform Act (PLRA) addresses lawsuits filed by prisoners challenging the conditions of their confinement. The PLRA covers both suits …
The Least Among Us: Unconstitutional Changes In Prisoner Litigation Under The Prison Litigation Reform Act Of 1995, Julie M. Riewe
The Least Among Us: Unconstitutional Changes In Prisoner Litigation Under The Prison Litigation Reform Act Of 1995, Julie M. Riewe
Duke Law Journal
I don't like prisoners. Nobody pretends to like them, but every once in a while, one of these people is right. And a society is judged by how it treats the least among it, not the best. I'm not worried about how presidents of banks and chairmen of the board and of country clubs are treated, or star quarterbacks, or other prima donnas. The job of the Constitution is to make sure that everyone is treated properly. [Prisoners] fall[] into the everybody category.
Public And Private Ordering And The Production Of Legitimate And Illegitimate Legal Rules , Jonathan R. Macey
Public And Private Ordering And The Production Of Legitimate And Illegitimate Legal Rules , Jonathan R. Macey
Cornell Law Review
No abstract provided.
On Political Boundary Lines, Multiculturalism, And The Liberal State, Sanford Levinson
On Political Boundary Lines, Multiculturalism, And The Liberal State, Sanford Levinson
Indiana Law Journal
Symposium: Law and Civil Society
The Draw And Drawbacks Of Religious Enclaves In A Constitutional Democracy: Hasidic Public Schools In Kiryas Joel, Judith Lynn Failer
The Draw And Drawbacks Of Religious Enclaves In A Constitutional Democracy: Hasidic Public Schools In Kiryas Joel, Judith Lynn Failer
Indiana Law Journal
Symposium: Law and Civil Society
The Language Question In A Rainbow Nation: The South African Experience, Albie L. Sachs
The Language Question In A Rainbow Nation: The South African Experience, Albie L. Sachs
Dalhousie Law Journal
In this, the twenty-second annual Horace E. Read Memorial Lecture, Mr. Justice Albie Sachs reviews the efforts to resolve problems of multilingualism in the new Constitution of South Africa. Writing from experience in the constitution-making process, he reflects on the reality of eleven different languages in South Africa. He discusses the consequent problems of legislative strategy and linguistic rights and the appropriate balance amongst language rights, policy and practice.
Conservatives, Liberals, Romantics: The Persistent Quest For Certainty In Constitutional Interpretation, Frederick M. Gedicks
Conservatives, Liberals, Romantics: The Persistent Quest For Certainty In Constitutional Interpretation, Frederick M. Gedicks
Vanderbilt Law Review
From the time that Robert Bork issued his first attack on the Warren Court, originalism has belonged to political conservatives. This interpretive theory, which holds that the understanding of the Constitution at the time it was drafted and ratified controls its contemporary meaning, has been regularly utilized by conservative judges and politicians over the last two decades to question the legitimacy of various (mostly liberal) Supreme Court decisions. Given the liberal tilt of the legal academy, it is not suprising that advocates of originalism constitute a minority of constitutional scholars.
Recently, a prominent constitutional theorist with unmistakably liberal credentials announced …
Going For The Brass Ring: The Case For Same-Sex Marriage , Arthur S. Leonard
Going For The Brass Ring: The Case For Same-Sex Marriage , Arthur S. Leonard
Cornell Law Review
No abstract provided.
Constitutional Implications Of The Involuntary Commitment Of Sexually Violent Predators-A Due Process Analysis , Deborah L. Morris
Constitutional Implications Of The Involuntary Commitment Of Sexually Violent Predators-A Due Process Analysis , Deborah L. Morris
Cornell Law Review
No abstract provided.
Coming Crisis Of Work In Constitutional Perspective , Kenneth L. Karst
Coming Crisis Of Work In Constitutional Perspective , Kenneth L. Karst
Cornell Law Review
No abstract provided.
All The Supreme Court Really Needs To Know It Learned From The Warren Court, Suzanna Sherry
All The Supreme Court Really Needs To Know It Learned From The Warren Court, Suzanna Sherry
Vanderbilt Law Review
It is accepted wisdom among constitutional law scholars that the Supreme Court is now considerably more conservative than it was during the tenure of Chief Justice Earl Warren. In this Article, I hope to suggest that the conventional wisdom is at least partly wrong. In Part I, I suggest that many of the current Court's so-called conservative cases and doctrines are direct descendants of Warren Court cases and doctrines. Although my attribution of similarity is new, the description of the cases and doctrines themselves is entirely unoriginal. Indeed, the history of the two sets of cases-of the Warren Court and …
On The Merits: A Response To Professor Sherry, John C.P. Goldberg
On The Merits: A Response To Professor Sherry, John C.P. Goldberg
Vanderbilt Law Review
Professor Sherry's Article has three parts. The first is doctrinal and undertakes to demonstrate that the above quoted wisdom is not only false, but patently so. It is apparent, this Part argues, that the current Court has not drifted toward the "right," but has steadfastly held to the principle of justice that animated the Warren Court. This is the principle of "formal neutrality," which generally holds that government may never distinguish among its citizens on the basis of race, creed, or color.
Professor Sherry's second project is to explain why constitutional scholars have failed to recognize this obvious consistency. Her …
Cadenced Power: The Kinetic Constitution, Laura S. Fitzgerald
Cadenced Power: The Kinetic Constitution, Laura S. Fitzgerald
Duke Law Journal
No abstract provided.
Anticipating Hong Kong's Constitution From A U.S. Legal Perspective, John M. Rogers
Anticipating Hong Kong's Constitution From A U.S. Legal Perspective, John M. Rogers
Vanderbilt Journal of Transnational Law
This Article explores the possible nature of Hong Kong's Constitution after July, 1997, and discusses alternative ways of interpreting and enforcing the constitution. The author first proposes three definitions for the word "constitution'" (1) how political power is actually "constituted," (2) a written document and (3) a referent for disputes. The author then explains Hong Kong's unusual constitutional status where Hong Kong will be governed under a written constitution the Basic Law. and at the same time, many aspects of the Basic Law will be "guaranteed" by an international agreement, the Joint Declaration. The author proceeds to evaluate the means …
Arendt, Tushnet, And Lopez: The Philosophical Challenge Behind Ackerman's Theory Of Constitutional Moments, Candice Hoke
Arendt, Tushnet, And Lopez: The Philosophical Challenge Behind Ackerman's Theory Of Constitutional Moments, Candice Hoke
Case Western Reserve Law Review
No abstract provided.
Let Justice Flow Like Water: The Role Of Moral Arugument In Constitutional Interpretation , David L. Fitzgerald
Let Justice Flow Like Water: The Role Of Moral Arugument In Constitutional Interpretation , David L. Fitzgerald
Fordham Law Review
No abstract provided.
The Unconstitutionality Of State And Local Enactments In The United States Restricting Business Ties With Burma (Myanmar), David Schmahmann, James Finch
The Unconstitutionality Of State And Local Enactments In The United States Restricting Business Ties With Burma (Myanmar), David Schmahmann, James Finch
Vanderbilt Journal of Transnational Law
As a punitive measure against the military regime in Burma, state and municipal governments in the United States have adopted laws penalizing firms that conduct business in that nation. This Article analyzes the validity of these statutes and ordinances under various provisions of the U.S. Constitution.
After introducing the nature of this development and the constitutional issues raised, Part II of this Article proceeds to examine the character of the local enactments and the political backdrop which lead to their adoption. In Part II, the Authors analyze four federal constitutional issues surrounding the local legislation: implied preemption by federal legislation, …
Off The Precipice: Massachusetts Expands Its Foreign Policy Expedition From Burma To Indonesia, David R. Schmahmann, James Finch, Tia Chapman
Off The Precipice: Massachusetts Expands Its Foreign Policy Expedition From Burma To Indonesia, David R. Schmahmann, James Finch, Tia Chapman
Vanderbilt Journal of Transnational Law
This Article considers the wisdom and constitutionality of a proposed Massachusetts law penalizing companies that do business with Indonesia. In the March 1997 issue of the Vanderbilt Journal of Transnational Law, two of the authors expressed concerns about the constitutionality of state and local restrictions on business ties with Burma (Myanmar). This Article applies a similar analysis to conclude that the proposed legislation is an unconstitutional violation of the Supremacy Clause and the Foreign Commerce Clause. The authors also argue that the federal government has clearly preempted action by Massachusetts: first by providing aid to Indonesia under the generalized system …
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Touro Law Review
No abstract provided.
California's Unconstitutional Punishment For Heinous Crimes: Chemical Castration Of Sexual Offenders, Raymond A. Lombardo
California's Unconstitutional Punishment For Heinous Crimes: Chemical Castration Of Sexual Offenders, Raymond A. Lombardo
Fordham Law Review
No abstract provided.
Preface, Laurelyn E. Douglas
Preface, Laurelyn E. Douglas
Vanderbilt Journal of Transnational Law
The symposium, HONG KONG'S REINTEGRATION INTO THE PEOPLE'S REPUBLIC OF CHINA: CONSTITUTIONAL ISSUES, POLICY APPROACHES & HUMAN RIGHTS CONCERNS, AND ECONOMIC & LEGAL IMPLICATIONS, was held at the Vanderbilt University School of Law on March 28-29. 1997. Featuring presentations by diverse speakers from a variety of places and perspectives, the symposium addressed a broad range of issues. Topics ranged from comparative constitutional law to human rights and practical business concerns. While differences emerged, it was clear that fully understanding any one area requires knowledge of the others: the viability of markets may well depend upon the validity of documents proclaiming …
Salvaging The Communications Decency Act In The Wake Of Aclu V. Reno And Shea V. Reno, Rebecca J. Dessoffy
Salvaging The Communications Decency Act In The Wake Of Aclu V. Reno And Shea V. Reno, Rebecca J. Dessoffy
Cleveland State Law Review
Hundreds of Worldwide Web site providers blackened their pages for forty-eight hours to protest the enactment of the Communications Decency Act of 1996 ("CDA"). The CDA regulates the transmission of sexually explicit material, both obscene and indecent, over the Internet. The CDA protesters claimed the law, designed to protect children, impermissibly infringes on adults' First Amendment rights to send and receive sexually explicit material. This note begins by exploring the challenged provisions of the CDA and the positions of those parties who opposed the CDA in the federal district court declaratory judgment actions. Next, the note examines applicable case precedent …
Writing In The Margins: Brennan, Marshall, And The Inherent Weaknesses Of Liberal Judicial Decision-Making Essay., Donna F. Coltharp
Writing In The Margins: Brennan, Marshall, And The Inherent Weaknesses Of Liberal Judicial Decision-Making Essay., Donna F. Coltharp
St. Mary's Law Journal
From 1967, when Thurgood Marshall took his seat as Supreme Court Justice, until 1990, when William Brennan, Jr. vacated his seat, the two Justices formed one of the most consistent liberal voting blocs in the history of the Court. Both Justices were judicial activists who labored in the tradition of Legal Realism. Although both Brennan and Marshall recognized the interpretation and application of the law as purposeful exercises, they differed in their approach to the task. Marshall, for instance, appealed to social consensus stating that his views were supported by society. Furthermore, Marshall strongly believed that the Constitution is a …