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Series

Constitutional Law

1987

Institution
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Articles 31 - 60 of 119

Full-Text Articles in Law

Water As A Public Resource: The Legal Basis, Charles F. Wilkinson Jun 1987

Water As A Public Resource: The Legal Basis, Charles F. Wilkinson

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

37 pages.

Contains 2 pages of references.

Includes unsigned annotations by David Getches.


In Defense Of Private Rights In Water, Charles J. Meyers Jun 1987

In Defense Of Private Rights In Water, Charles J. Meyers

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

4 pages.

Includes unsigned annotations by David Getches.


Public Access To Shorelines And Beaches: Alternative Approaches And The Taking Issue, Richard Hildreth Jun 1987

Public Access To Shorelines And Beaches: Alternative Approaches And The Taking Issue, Richard Hildreth

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

50 pages.


Water Development, Wildlife And Recreation: Panel, Charles W. Howe Jun 1987

Water Development, Wildlife And Recreation: Panel, Charles W. Howe

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

32 pages.

Contains 5 pages of footnotes and tables and 2 pages of references.

Includes a paper: "Option Value: Empirical Evidence from a Case Study of Recreation and Water Quality" by Douglas A. Greenley, Richard G. Walsh and Robert A. Young. A final version of this paper was published in 96(4) The Quarterly Journal of Economics (1981): 657-673.


The Use Of “Nonnavigable” Water For Public Purposes, John E. Thorson Jun 1987

The Use Of “Nonnavigable” Water For Public Purposes, John E. Thorson

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

18 pages.

Contains references.


Agenda: Water As A Public Resource: Emerging Rights And Obligations, University Of Colorado Boulder. Natural Resources Law Center Jun 1987

Agenda: Water As A Public Resource: Emerging Rights And Obligations, University Of Colorado Boulder. Natural Resources Law Center

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell, David H. Getches, and Charles F. Wilkinson.

This conference focused on the legal rights associated with a broad range of public uses and interests in water including recreation, fish and wildlife protection, and water quality. Evolving legal areas such as the public trust doctrine, instream flow laws, federal reserved rights, and wetlands protection were discussed.

Water as a Public Resource: Emerging Rights and Obligations considered the extension of the public trust doctrine to areas previously not covered by this concept, as well as developments in …


A Conversation Between A Judge And His Friend Concerning Whether The Judge Should Sentence A Defendant To Death, Bruce Ledewitz Jun 1987

A Conversation Between A Judge And His Friend Concerning Whether The Judge Should Sentence A Defendant To Death, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


What Is “An Establishment Of Religion?", William W. Van Alstyne Jun 1987

What Is “An Establishment Of Religion?", William W. Van Alstyne

Faculty Publications

No abstract provided.


The Reality Of Constitutional Tort Litigation, Theodore Eisenberg, Stewart J. Schwab May 1987

The Reality Of Constitutional Tort Litigation, Theodore Eisenberg, Stewart J. Schwab

Cornell Law Faculty Publications


Constitutional Law And Constitutional History, Lewis H. Larue Apr 1987

Constitutional Law And Constitutional History, Lewis H. Larue

Scholarly Articles

Not available.


The Articles Of Confederation: Gateway To The Constitution, Arthur R. Landever Mar 1987

The Articles Of Confederation: Gateway To The Constitution, Arthur R. Landever

Law Faculty Articles and Essays

This article gives a brief history of the Articles of Confederation and its influence on the United States Constitution, as well as the similarities and differences between these two documents. The author encourages study of the Articles because they offer insights into the Constitution.


Artistic Expression And Aesthetic Theory: The Beautiful, The Sublime And The First Amendment, Sheldon Nahmod Feb 1987

Artistic Expression And Aesthetic Theory: The Beautiful, The Sublime And The First Amendment, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.


Commerce Clause Restraints On State Taxation: Purposeful Economic Protectionism And Beyond, Walter Hellerstein Feb 1987

Commerce Clause Restraints On State Taxation: Purposeful Economic Protectionism And Beyond, Walter Hellerstein

Scholarly Works

Few questions in recent years have spawned as much controversy and as little academic interest as the scope of commerce clause restraints on state tax power. The Supreme Court has handed down an extraordinary number of significant decisions addressed to the limitations the commerce clause imposes on state taxation. Yet these decisions have barely caught the eye of the nation's leading law reviews or constitutional scholars. Even those observers who have recognized the Court's renaissance of interest in the dormant commerce clause have largely confined their attention to state regulation, as distinguished from state taxation, of interstate commerce. If there …


The Illegality Of The Constitution, Richard Kay Jan 1987

The Illegality Of The Constitution, Richard Kay

Faculty Articles and Papers

No abstract provided.


Review Essay: Charting The Bicentennial, Richard B. Bernstein Jan 1987

Review Essay: Charting The Bicentennial, Richard B. Bernstein

Articles & Chapters

No abstract provided.


Evolving Constitutional Concepts Of Privacy, Roger J. Miner '56 Jan 1987

Evolving Constitutional Concepts Of Privacy, Roger J. Miner '56

Constitutional Law

No abstract provided.


Preemptive Strikes On State Autonomy: The Role Of Congress, Roger J. Miner '56 Jan 1987

Preemptive Strikes On State Autonomy: The Role Of Congress, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.


Have The Federal Courts Functioned As The Framers Intended?, Roger J. Miner '56 Jan 1987

Have The Federal Courts Functioned As The Framers Intended?, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.


The Tensions Of A Dual Court System And Some Prescriptions For Relief, Roger J. Miner '56 Jan 1987

The Tensions Of A Dual Court System And Some Prescriptions For Relief, Roger J. Miner '56

Endowed/named Lectures and Keynote Addresses

No abstract provided.


The Federal Courts: Have They Functioned As The Framers Intended?, Roger J. Miner '56 Jan 1987

The Federal Courts: Have They Functioned As The Framers Intended?, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.


Drugs And Small Arms: Can Law Stop The Traffic?, Christopher L. Blakesley Jan 1987

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.


The Profound Impact Of Milliken V. Bradley, Robert A. Sedler Jan 1987

The Profound Impact Of Milliken V. Bradley, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


The Constitution And The Consequences Of The Social History Of Racism, Robert A. Sedler Jan 1987

The Constitution And The Consequences Of The Social History Of Racism, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Equal Protection Limitations On Choice Of Law Decisions, Anne-Marie Witters Jan 1987

Equal Protection Limitations On Choice Of Law Decisions, Anne-Marie Witters

LLM Theses and Essays

In this paper, the author seeks to clarify the implications of contemporary Fourteenth Amendment theory for state autonomy in deciding conflict cases, concentrating on state discrimination against non-residents and aliens. The author argues that laws which distinguish locals from residents of other states should be reviewed under strict scrutiny, just as laws that discriminate against aliens. Also U.S. choice of law methodologies from both past and present are discussed, with the conclusion that modern theories violate the Equal Protection Clause of their systematic preference for forum residents and parochial results. After a review of the European conflicts system, the choice …


The Privileges And Immunities Clause Of Article Iv, David S. Bogen Jan 1987

The Privileges And Immunities Clause Of Article Iv, David S. Bogen

Faculty Scholarship

No abstract provided.


American Indians And The Bicentennial, Richard B. Collins Jan 1987

American Indians And The Bicentennial, Richard B. Collins

Publications

No abstract provided.


Bounds And Beyond: A Need To Reevaluate The Right Of Prison Access To The Courts, Steven D. Hinckley Jan 1987

Bounds And Beyond: A Need To Reevaluate The Right Of Prison Access To The Courts, Steven D. Hinckley

Journal Articles

The author argues that the 1977 United States Supreme Court decision in Bounds v. Smith insufficiently protects the right of prisoners to represent themselves before the courts by failing to require state and federal correctional facilities to establish and maintain adequately stocked prison law libraries and to provide prisoners with the option to use those libraries as their means of gaining meaningful access to the courts.


Taking Libel Reform Seriously, Rodney A. Smolla Jan 1987

Taking Libel Reform Seriously, Rodney A. Smolla

Scholarly Articles

Not available.


Constitutional Limits On The Power To Take Private Property: Public Purpose And Public Use, John A. Humbach Jan 1987

Constitutional Limits On The Power To Take Private Property: Public Purpose And Public Use, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

The rights/freedoms dichotomy tacitly permeates Supreme Court ‘takings' jurisprudence, and it has an explanatory power which extends to virtually all ‘takings' cases decided by the Court. Its explanatory power does not, however, extend to the relatively few cases which involve the taking of ‘rights' for purely private use, that is rearrangements of existing private property rights, as opposed to takings for use by the government or its designees in some public service function. Because rearranging the existing pattern of private ownership takes ‘rights' and not mere ‘freedoms,’ we might expect, according to the rights/freedoms pattern, that the Court would uniformly …


Securing Justice: A Response To William Bradford Reynolds, Michael A. Middleton Jan 1987

Securing Justice: A Response To William Bradford Reynolds, Michael A. Middleton

Faculty Publications

I doubt that William Bradford Reynolds would disagree that the self evident truths the Framers of the Declaration of Independence spoke about are as applicable today in the 1980's as they were over 200 years ago. I also doubt that Mr. Reynolds would disagree that despite the fact that black people were not considered human beings when the Constitution was framed, the fourteenth amendment to that great document was intended to bring them within the ambit of its protections. On these two basic propositions, I suspect, Mr. Reynolds and I would agree. Beyond that however, Mr. Reynolds advances a fundamentally …