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Articles 1 - 30 of 34
Full-Text Articles in Law
Precedents In A Vacuum: The Supreme Court Continues To Tinker With Double Jeopardy, Peter J. Henning
Precedents In A Vacuum: The Supreme Court Continues To Tinker With Double Jeopardy, Peter J. Henning
Law Faculty Research Publications
No abstract provided.
Section 9: The Court And Politics, Institute Of Bill Of Rights Law, William & Mary Law School
Section 9: The Court And Politics, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 7: Privacy, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Privacy, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 3: Free Speech And Press, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: Free Speech And Press, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 5: Moot Court: Harris V. Forklift Systems, Inc., Institute Of Bill Of Rights Law, William & Mary Law School
Section 5: Moot Court: Harris V. Forklift Systems, Inc., Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 1: Moot Court: Campbell V. Acuff-Rose Music, Inc., Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Moot Court: Campbell V. Acuff-Rose Music, Inc., Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 2: Discrimination, Institute Of Bill Of Rights Law, William & Mary Law School
Section 2: Discrimination, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 8: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Section 8: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 6: Environment, Property, Business Regulation, Institute Of Bill Of Rights Law, William & Mary Law School
Section 6: Environment, Property, Business Regulation, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 4: Religion, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Religion, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
On The Strength Of Its Human Dignity: The Pro-Life 1993 Decision Of The German Constitutional Court, Richard Stith
On The Strength Of Its Human Dignity: The Pro-Life 1993 Decision Of The German Constitutional Court, Richard Stith
Law Faculty Publications
No abstract provided.
Supreme Court's Tilt To The Property Right: Procedural Due Process Protections Of Liberty And Property Interests, Jack M. Beermann, Barbara A. Melamed, Hugh F. Hall
Supreme Court's Tilt To The Property Right: Procedural Due Process Protections Of Liberty And Property Interests, Jack M. Beermann, Barbara A. Melamed, Hugh F. Hall
Faculty Scholarship
The Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution provide important protections against government oppression. They provide that government may not deprive any person of "life, liberty or property" without due process of law. In recent decisions, the Supreme Court has appeared willing to strengthen its protection of traditional property interests yet weaken its protection of liberty interests.
It has long been accepted, albeit with controversy, that due process has both procedural and substantive elements. This essay concerns the procedural elements. Procedural due process analysis asks two questions: first, whether there exists a liberty …
The United States Supreme Court And The Protection Of Refugees, Lung-Chu Chen
The United States Supreme Court And The Protection Of Refugees, Lung-Chu Chen
Articles & Chapters
No abstract provided.
The Supreme Court As The Cheshire Cat: Escaping The Section 1983 Wonderland, Jose R. "Beto" Juarez
The Supreme Court As The Cheshire Cat: Escaping The Section 1983 Wonderland, Jose R. "Beto" Juarez
Faculty Scholarship
No abstract provided.
Supreme Court Antitrust 1991-92: The Revenge Of The Amici, Stephen Calkins
Supreme Court Antitrust 1991-92: The Revenge Of The Amici, Stephen Calkins
Law Faculty Research Publications
No abstract provided.
The Civil Rights Act Of 1991: A “Quota Bill,” A Codification Of Griggs, A Partial Return To Wards Cove, Or All Of The Above?, Kingsley R. Browne
The Civil Rights Act Of 1991: A “Quota Bill,” A Codification Of Griggs, A Partial Return To Wards Cove, Or All Of The Above?, Kingsley R. Browne
Law Faculty Research Publications
No abstract provided.
The Breadth Of Context And The Depth Of Myth: Completing The Feminist Paradigm, Emily Calhoun
The Breadth Of Context And The Depth Of Myth: Completing The Feminist Paradigm, Emily Calhoun
Publications
No abstract provided.
Silence And The Word, Paul Campos
Family Values And The Supreme Court, 25 Conn. L. Rev. 427 (1993), Linda R. Crane
Family Values And The Supreme Court, 25 Conn. L. Rev. 427 (1993), Linda R. Crane
UIC Law Open Access Faculty Scholarship
No abstract provided.
Peremptory Challenges: Free Strikes No More, H. Patrick Furman
Peremptory Challenges: Free Strikes No More, H. Patrick Furman
Publications
No abstract provided.
Disagreement And Interpretation, Robert F. Nagel
The United States Supreme Court And The Protection Of Refugees, Lung-Chu Chen
The United States Supreme Court And The Protection Of Refugees, Lung-Chu Chen
Articles & Chapters
The problem of refugees is a worldwide phenomenon. The
twentieth century has been called the century of refugees. Its
history is replete with mass displacements of peoples fleeing war,
political oppression, human rights deprivations or disasters of one
kind or another. Currently, there are about seventeen million refugees
around the world. The specter of masses of refugees huddled
at national boundaries seeking asylum is common to the experience
of many nations. The United States, being a nation of
immigrants and a land of opportunity, is certainly not immune
from such pressures, as most recently illustrated by the exodus of
the …
Shaw V. Reno: On The Borderline, Emily Calhoun
Advocacy And Scholarship, Paul F. Campos
Advocacy And Scholarship, Paul F. Campos
Publications
The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …
The Supreme Court's Narrow View On Civil Rights, Jack M. Beermann
The Supreme Court's Narrow View On Civil Rights, Jack M. Beermann
Faculty Scholarship
The right to choose abortion, although recently significantly curtailed from its original scope,' is a federally protected liberty interest of women, and is at least protected against the imposition of "undue burdens" by state and local government.2 Some of the most serious threats to women's ability to choose abortion have come not from government regulation, but from private, national, organized efforts to prevent abortions. In addition to seeking change through the political system, some of these organizations, most notably Operation Rescue, have focused on the providers of abortion, and have attempted to prevent abortions by forcibly closing abortion clinics …
What He Was For, Eben Moglen
What He Was For, Eben Moglen
Faculty Scholarship
It will be said frequently in the years to come that an era in American history died when Thurgood Marshall left us. It will take some time for us to absorb the truth, for our sadness to be replaced by desperation. More than an era closed when his gallant heart failed him at last; in every corner of our battered country, maimed as it is by years of recklessly cultivated hatred, we lost the voice that constantly called us to attend to the work of our salvation.
Introduction Of Scientific Evidence In Criminal Cases, H. Patrick Furman
Introduction Of Scientific Evidence In Criminal Cases, H. Patrick Furman
Publications
No abstract provided.
A Tribute To Thurgood Marshall, Peter N. Simon
Removal And The Eleventh Amendment: The Case For District Court Remand Discretion To Avoid A Bifurcated Suit, Mitchell N. Berman
Removal And The Eleventh Amendment: The Case For District Court Remand Discretion To Avoid A Bifurcated Suit, Mitchell N. Berman
All Faculty Scholarship
No abstract provided.
Statutory Misinterpretations: A Legal Autopsy, Eric Schnapper
Statutory Misinterpretations: A Legal Autopsy, Eric Schnapper
Articles
If the Supreme Court is willing to learn from past mistakes, the Court would find it particularly instructive to re-examine the now quite numerous civil rights decisions which have failed to survive congressional scrutiny. The United States Reports are today littered with the corpses of short-lived opinions purporting to interpret federal anti-discrimination statutes; most were dead on arrival in the bound volumes. October Term 1988 was a veritable Pickett's Charge of conservative misinterpretation. Patterson v. McLean Credit Union briefly displaced and destroyed much of section 1981; Public Employees Retirement System v. Betts temporarily overran parts of the Age Discrimination in …