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Series

Constitutional Law

1993

Institution
Keyword
Publication

Articles 31 - 60 of 145

Full-Text Articles in Law

Mishandling The Current Crisis, Bruce Ledewitz Jan 1993

Mishandling The Current Crisis, Bruce Ledewitz

Ledewitz Papers

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


Constitutional Privacy And The Just Family, Anne Dailey Jan 1993

Constitutional Privacy And The Just Family, Anne Dailey

Faculty Articles and Papers

No abstract provided.


The Role Of Executive Clemency In Modern Death Penalty Cases, Bruce Ledewitz Jan 1993

The Role Of Executive Clemency In Modern Death Penalty Cases, Bruce Ledewitz

Ledewitz Papers

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


Freedom Of Speech For Libraries And Librarians, Rodney A. Smolla Jan 1993

Freedom Of Speech For Libraries And Librarians, Rodney A. Smolla

Faculty Publications

Noting the recent bicentennial of the First Amendment to the United States Constitution, Professor Smolla considers the role of librarians in opposing censorship. He proposes a new principle of "professionalism" to establish the librarian's role, and discusses the principle in light of the Supreme Court's decision in Board of Education v. Pico.


Reflections On The American And Talmudic Death Penalty, Bruce Ledewitz Jan 1993

Reflections On The American And Talmudic Death Penalty, Bruce Ledewitz

Ledewitz Papers

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


Triangulating The Boundaries Of The Pentagon Papers, John Cary Sims Jan 1993

Triangulating The Boundaries Of The Pentagon Papers, John Cary Sims

McGeorge School of Law Scholarly Articles

No abstract provided.


Equal Educational Opportunity: The Rehnquist Court Revisits Green And Swann, Brian K. Landsberg Jan 1993

Equal Educational Opportunity: The Rehnquist Court Revisits Green And Swann, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

No abstract provided.


The Art Of Line Drawing: The Establishment Clause And Public Aid To Religiously Affiliated Child Care, Elizabeth Samuels Jan 1993

The Art Of Line Drawing: The Establishment Clause And Public Aid To Religiously Affiliated Child Care, Elizabeth Samuels

All Faculty Scholarship

The Article analyzes both the meaning and the constitutionality of Child Care Development Block Grant's church-and-state-related provisions in light of existing Supreme Court Establishment Clause jurisprudence. The CCDBG's church-and-state-related provisions represent a legislative effort to perform the type of Establishment Clause line drawing that the Supreme Court has traditionally undertaken and continues to undertake in cases involving aid to religious institutions. The congressional debate and the public controversy it engendered over line drawing between permissible and impermissible aid to religiously affiliated child care, and the resolution reached in the CCDBG, all achieve an important constitutional aim. They reflect and reinforce …


Did The Slaves Author The Thirteenth Amendment? An Essay In Redemptive History, Guyora Binder Jan 1993

Did The Slaves Author The Thirteenth Amendment? An Essay In Redemptive History, Guyora Binder

Journal Articles

American constitutional interpretation is deeply traditionalist, and privileges original intent. The difficulty with thus authorizing the past in interpreting the Thirteenth Amendment is that it purports to abolish custom and tradition as unjust. This essay argues that, given the Amendment’s denunciation of the polity that enacted it as illegitimate, its questionable formal pedigree, and the agency of the slaves in precipitating, defining, and resolving the crisis that enabled it, the slaves have a moral claim to status as its authors. It follows that the original intent guiding interpretation should be that of the slaves themselves.


Constitutional Law--First Amendment--No Constitutional Right To Vote For Donald Duck: The Supreme Court Upholds The Constitutionality Of Write-In Voting Bans In Burdick V. Takushi, Jeanne M. Kaiser Jan 1993

Constitutional Law--First Amendment--No Constitutional Right To Vote For Donald Duck: The Supreme Court Upholds The Constitutionality Of Write-In Voting Bans In Burdick V. Takushi, Jeanne M. Kaiser

Faculty Scholarship

This Note examines the Supreme Court decision in Burkick v. Takushi in detail and questions the Court's conclusion that the voters' interest in casting write-in votes is so slight that write-in bans are presumptively valid. The Note concludes that the Burdick decision is both inconsistent with the Court's previous ballot access jurisprudence, and restricts the electoral process at a time when voters are clamoring for more diverse choices in the voting booth. Section I of this Note briefly reviews a number of cases that considered the constitutionality of legislation governing candidate access to election ballots. The ballot access cases are …


The State Action Doctrine, The Public- Private Distinction, And The Independence Of Constitutional Law, Richard Kay Jan 1993

The State Action Doctrine, The Public- Private Distinction, And The Independence Of Constitutional Law, Richard Kay

Faculty Articles and Papers

No abstract provided.


Evidence: Indiana Moves Toward Adoption Of The Federal Rules, Ivan E. Bodensteiner Jan 1993

Evidence: Indiana Moves Toward Adoption Of The Federal Rules, Ivan E. Bodensteiner

Law Faculty Publications

No abstract provided.


Street Harassment And The Informal Ghettoization Of Women, Cynthia Grant Bowman Jan 1993

Street Harassment And The Informal Ghettoization Of Women, Cynthia Grant Bowman

Cornell Law Faculty Publications

No abstract provided.


Legal Aliens, Local Citizens: The Historical Constitutional And Theoretical Meanings Of Alien Suffrage, Jamin B. Raskin Jan 1993

Legal Aliens, Local Citizens: The Historical Constitutional And Theoretical Meanings Of Alien Suffrage, Jamin B. Raskin

Articles in Law Reviews & Other Academic Journals

No abstract provided.


An Empirical And Constitutional Analysis Of Racial Ceilings And Public Schools, Michael Heise Jan 1993

An Empirical And Constitutional Analysis Of Racial Ceilings And Public Schools, Michael Heise

Cornell Law Faculty Publications

No abstract provided.


Public Funds, Private Schools, And The Court: Legal Issues And Policy Consequences, Michael Heise Jan 1993

Public Funds, Private Schools, And The Court: Legal Issues And Policy Consequences, Michael Heise

Cornell Law Faculty Publications

No abstract provided.


Scientific Jury Selection And The Equal Protection Rights Of Venire Persons, Jeffrey J. Rachlinski Jan 1993

Scientific Jury Selection And The Equal Protection Rights Of Venire Persons, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Jury trials have always been a source of anxiety for litigators. Despite years of preparation, the outcome of a case can turn on the whimsical biases of a group of people who may or may not understand the legal arguments involved. In recent years, attorneys have taken steps to reduce this uncertainty by hiring social scientists who study jury decision making. One of the most popular services which these consultants offer is assistance in the jury selection process. The use of sociological and psychological methods in identifying and excluding unfavorable jurors from service, known as Scientific Jury Selection ("SJS"), has …


The Impeachment And Removal Of Tennessee Judge West Humphreys: John Bingham's Prologue To The Johnson Impeachment Trial, Richard L. Aynes Jan 1993

The Impeachment And Removal Of Tennessee Judge West Humphreys: John Bingham's Prologue To The Johnson Impeachment Trial, Richard L. Aynes

The 39th Congress Project

No abstract provided.


On Misreading John Bingham And The Fourteenth Amendment, Richard L. Aynes Jan 1993

On Misreading John Bingham And The Fourteenth Amendment, Richard L. Aynes

The 39th Congress Project

No abstract provided.


A Constitution In Conflict: The Doctrine Of Independent State Grounds And The Voter Initiative In California, Rachel A. Van Cleave Jan 1993

A Constitution In Conflict: The Doctrine Of Independent State Grounds And The Voter Initiative In California, Rachel A. Van Cleave

Publications

Part I of this Article discusses the fundamental nature of the rights found in California's Declaration of Rights, and the need to maintain their stability. It also discusses the problems inherent in forcing the interpretation of California rights to follow federal interpretations. Part II traces the development of the independent state grounds doctrine in the United States, and specifically, in California. Part III explains the history and procedure of the voter initiative in California, while Part IV analyzes how Propositions 8 and 115 have limited the ability of the California judiciary to give independent meaning to California's Declaration of Rights. …


Confident, But Still Not Positive, Steven L. Winter Jan 1993

Confident, But Still Not Positive, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


Constitutionalism In Eastern Europe: Alternatives To The Liberal Social Contract, Brad R. Roth Jan 1993

Constitutionalism In Eastern Europe: Alternatives To The Liberal Social Contract, Brad R. Roth

Law Faculty Research Publications

No abstract provided.


The Nonmajoritarian Difficulty: Legislative Deference To The Judiciary, Mark A. Graber Jan 1993

The Nonmajoritarian Difficulty: Legislative Deference To The Judiciary, Mark A. Graber

Faculty Scholarship

No abstract provided.


A Constitutional Conspiracy Unmasked: Why "No State" Does Not Mean "No State", Mark A. Graber Jan 1993

A Constitutional Conspiracy Unmasked: Why "No State" Does Not Mean "No State", Mark A. Graber

Faculty Scholarship

No abstract provided.


Federal Court Abstention And State Administrative Law From Burford To Ankenbrandt: Fifty Years Of Judicial Federalism Under Burford V. Sun Oil Co. And Kindred Doctrines, Gordon G. Young Jan 1993

Federal Court Abstention And State Administrative Law From Burford To Ankenbrandt: Fifty Years Of Judicial Federalism Under Burford V. Sun Oil Co. And Kindred Doctrines, Gordon G. Young

Faculty Scholarship

No abstract provided.


The Breadth Of Context And The Depth Of Myth: Completing The Feminist Paradigm, Emily Calhoun Jan 1993

The Breadth Of Context And The Depth Of Myth: Completing The Feminist Paradigm, Emily Calhoun

Publications

No abstract provided.


Lee V. Weisman: Whither The Establishment Clause And The Lemon V. Kurtzman Three Pronged Test?, Thomas A. Schweitzer Jan 1993

Lee V. Weisman: Whither The Establishment Clause And The Lemon V. Kurtzman Three Pronged Test?, Thomas A. Schweitzer

Scholarly Works

No abstract provided.


Silence And The Word, Paul Campos Jan 1993

Silence And The Word, Paul Campos

Publications

No abstract provided.


Progressive Free Speech And The Uneasy Case For Campus Hate Codes, Robert F. Nagel Jan 1993

Progressive Free Speech And The Uneasy Case For Campus Hate Codes, Robert F. Nagel

Publications

No abstract provided.


How To Do Things With The First Amendment, Pierre Schlag Jan 1993

How To Do Things With The First Amendment, Pierre Schlag

Publications

No abstract provided.