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Articles 1 - 4 of 4
Full-Text Articles in Law
Drugs And Small Arms: Can Law Stop The Traffic?, Christopher L. Blakesley
Drugs And Small Arms: Can Law Stop The Traffic?, Christopher L. Blakesley
Scholarly Works
Professor Blakesley presides over this panel discussion on laws combating the illegal importation of drugs and small arms, and their implications for international and domestic law.
Terrorism And The Constitution, Christopher L. Blakesley
Terrorism And The Constitution, Christopher L. Blakesley
Scholarly Works
How do terrorism and the Iran-Contra hearings relate to the Constitution? My thesis is that there is a tendency for the executive of this or any nation to eschew even constitutionally mandated avenues of problem solving considered to be cumbersome, inefficient, or inimical to the executive’s vision of the national interest in foreign affairs. There is also a tendency to consider one’s own conduct and the conduct of one’s allies and friends to be justified when it is directed at goals deemed by the executive branch to be good. Constitutional provisions based on the checks and balances and separation of …
The Illinois Bill Of Rights And Our Independent Legal Tradition: A Critique Of The Illinois Lockstep Doctrine, Thomas B. Mcaffee
The Illinois Bill Of Rights And Our Independent Legal Tradition: A Critique Of The Illinois Lockstep Doctrine, Thomas B. Mcaffee
Scholarly Works
Illinois’ highest court continues to follow the rule that courts of this state are strictly bound by Supreme Court decisions construing provisions that are substantially identical to provisions found in the Illinois Constitution. Increasingly, however, this rule has been challenged by dissenting justices who contend that it is contrary to the state’s independent legal tradition and rests upon an accurate view of the relationship between federal and state courts and their respective constitutions. These justices contend that the court may give independent attention to the provisions of the Illinois Constitution and need not slavishly adhere to decisions of the Supreme …
Shelly V. Kraemer: Herald Of Social Progress And Of The Coming Debate Over The Limits Of Constitutional Change, Thomas B. Mcaffee
Shelly V. Kraemer: Herald Of Social Progress And Of The Coming Debate Over The Limits Of Constitutional Change, Thomas B. Mcaffee
Scholarly Works
The Supreme Court's decision in Shelley v. Kraemer, the Supreme Court held unconstitutional judicial enforcement of racially restrictive covenants. If Shelley marks an important point in the progress of American race relations, it may be even more significant as a symbol of the vexing search for the boundaries between purely private and state action and, more specifically, the reach of the protections of the Fourteenth Amendment in a changing world. In this article, the author argues that Shelley can be read as a watershed decision that in a single stroke (1) eliminated the independent significance of the Supreme Court's long-adopted …