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Articles 91 - 107 of 107
Full-Text Articles in Law
Something Seems Fishy - The Application Of The Fourth Amendment To Coast Guard Searches Of Vessels: United States V. Boynes Note, Lucille Jewel
Something Seems Fishy - The Application Of The Fourth Amendment To Coast Guard Searches Of Vessels: United States V. Boynes Note, Lucille Jewel
Scholarly Works
No abstract provided.
Comfortably Penumbral, Glenn Harlan Reynolds
Comfortably Penumbral, Glenn Harlan Reynolds
Scholarly Works
A followup to "Penumbral Reasoning on the Right", 140 U. Pa. L. Rev. 1333 (1992), this paper notes the increased use, and acceptance, of penumbral reasoning by federal courts in recent years. It suggests that this trend is a positive one, and likely to lead to more, rather than less, fidelity to constitutional text and structure.
Jewish Legal Theory And American Constitutional Theory: Some Comparisons And Contrasts, Samuel J. Levine
Jewish Legal Theory And American Constitutional Theory: Some Comparisons And Contrasts, Samuel J. Levine
Scholarly Works
In this article, Levine explores some of the ways in which Jewish law may shed light on issues in American constitutional theory. While acknowledging that there are fundamental differences between a religious legal system and a secular one, he attempts to show that certain conceptual similarities between American law and Jewish law allow for meaningful yet cautious comparison of the two systems. Part I provides a broad historical and analytical overview of interpretation in Jewish law. Part II of the Article offers a specific conceptual framework for comparing Jewish law with American law. Levine considers questions of flexibility in legal …
Limits On Preemption And Punitive Damages: Can They Be Related?, Peter Zablotsky
Limits On Preemption And Punitive Damages: Can They Be Related?, Peter Zablotsky
Scholarly Works
No abstract provided.
The Constitutional Limits Of Bankruptcy, Thomas E. Plank
The Constitutional Limits Of Bankruptcy, Thomas E. Plank
Scholarly Works
No abstract provided.
The Right To Keep And Bear Arms Under The Tennessee Constitution: A Case Study In Civic Republican Thought, Glenn Harlan Reynolds
The Right To Keep And Bear Arms Under The Tennessee Constitution: A Case Study In Civic Republican Thought, Glenn Harlan Reynolds
Scholarly Works
State constitutional rights to arms are of considerable interest, both for their own sake and as sources of insight into the meaning of the Federal Constitution's right to keep and bear arms. This article examines the origins and scope of the right to arms provided in the Tennessee Constitution, including Tennessee cases that, interestingly, were cited as authority by the United States Supreme Court in the 1939 case of United States v. Miller, one of the Supreme Court's few cases to address Second Amendment issues in any depth.
Lee V. Weisman: Whither The Establishment Clause And The Lemon V. Kurtzman Three Pronged Test?, Thomas A. Schweitzer
Lee V. Weisman: Whither The Establishment Clause And The Lemon V. Kurtzman Three Pronged Test?, Thomas A. Schweitzer
Scholarly Works
No abstract provided.
Penumbral Reasoning On The Right, Glenn Harlan Reynolds
Penumbral Reasoning On The Right, Glenn Harlan Reynolds
Scholarly Works
The use of penumbral reasoning in cases like Griswold v. Connecticut has received considerable criticism from so-called conservative constitutional commentators, most notably Robert Bork. This essay demonstrates that penumbral reasoning is also widely used by courts in service of results generally regarded as conservative, with much less controversy. Penumbral reasoning, it suggests, is an essential implement in the judicial toolbox, and worthy of more respect, and use, from courts that care about fidelity to constitutional text and structure.
Governmental Inaction As A Constitutional Tort: Deshaney And Its Aftermath, Thomas A. Eaton, Michael Wells
Governmental Inaction As A Constitutional Tort: Deshaney And Its Aftermath, Thomas A. Eaton, Michael Wells
Scholarly Works
DeShaney v. Winnebago County Department of Social Services is the Supreme Court's first major effort to define the scope of state and local governments' affirmative obligations under the fourteenth amendment. The Court rejected liability against a county welfare agency and a caseworker for failing to prevent a father from severely beating his four-year-old son. The Court intimated that constitutional affirmative duties exist only where the plaintiff is in the state's custody. Scholarly commentary reads the case as announcing a sweeping prohibition against the imposition of affirmative duties in other contexts. Professors Eaton and Wells demonstrate that the DeShaney opinion is …
Chaos And The Court, Glenn Harlan Reynolds
Chaos And The Court, Glenn Harlan Reynolds
Scholarly Works
Inspired by Laurence Tribe's "The Curvature of Constitutional Space," this Essay looks at some constitutional theorists' desire for certainty and predictability in law, and notes that such certainty and predictability is much less available even in the hard sciences than is generally believed, with simple and determinate systems sometimes producing wildly unpredictable results. It suggests that predictability of results may be a difficult goal for legal theorists, and offers some thoughts on alternative approaches.
Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman
Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman
Scholarly Works
No abstract provided.
Nationwide Preclearance Of Section Five Of The 1965 Voting Rights Act: Implementing The Fifteenth Amendment, Dwight Aarons
Nationwide Preclearance Of Section Five Of The 1965 Voting Rights Act: Implementing The Fifteenth Amendment, Dwight Aarons
Scholarly Works
No abstract provided.
The New Federalism In Criminal Procedure In 1984: Death Of The Phoenix?, Donald E. Wilkes Jr.
The New Federalism In Criminal Procedure In 1984: Death Of The Phoenix?, Donald E. Wilkes Jr.
Scholarly Works
A decade has passed since my first article on the topic of new federalism in criminal procedure entitled, The New Federalism in Criminal Procedure: State Court Evasion of the Burger Court. This chapter takes a fresh look at the new federalism in criminal procedure in light of developments occurring since 1974.
Duties And Powers Respecting Foreign Crimes, Daniel H. Derby
Duties And Powers Respecting Foreign Crimes, Daniel H. Derby
Scholarly Works
No abstract provided.
Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer
Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer
Scholarly Works
No abstract provided.
Varieties Of Detention And The Fourth Amendment, Joseph G. Cook
Varieties Of Detention And The Fourth Amendment, Joseph G. Cook
Scholarly Works
No abstract provided.
Current Problems In Search And Seizure, Joseph G. Cook
Current Problems In Search And Seizure, Joseph G. Cook
Scholarly Works
No abstract provided.