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Articles 1 - 11 of 11

Full-Text Articles in Law

Current Challenge To Federalism: The Confederating Proposals, William F. Swindler Oct 1963

Current Challenge To Federalism: The Confederating Proposals, William F. Swindler

Faculty Publications

Professor Swindler treats the three recently proposed constitutional amendments as the culmination of state frustration at the evolution of ascendant federalism especially as embodied in modern Supreme Court decisions. Equating the proposals, in effect, to the fragmented system under the Articles of Confederation, he rejects them as contrary to the weight of constitutional history. The Constitution having established a new concept of federalism-an amalgam of the people of the United States-the author concludes that representative government is the essence of that federalism and that neither the states, their legislatures, nor their courts can have authority in the area of activity …


Symposium: Introduction, George J. Alexander Jul 1963

Symposium: Introduction, George J. Alexander

Faculty Publications

No abstract provided.


Quality Stabilization And The Crisis In Fair Trade, George J. Alexander Jul 1963

Quality Stabilization And The Crisis In Fair Trade, George J. Alexander

Faculty Publications

No abstract provided.


The Administration’S Anti-Literacy Test Bill: Wholly Constitutional But Wholly Inadequate, William W. Van Alstyne Jan 1963

The Administration’S Anti-Literacy Test Bill: Wholly Constitutional But Wholly Inadequate, William W. Van Alstyne

Faculty Publications

This discussion of Senate Bill 2750 addresses Congress’s ability to extend voting rights without resorting to a constitutional amendment. This paper also examines the efficacy of such a law.


Family Law (1963), George J. Alexander Jan 1963

Family Law (1963), George J. Alexander

Faculty Publications

No abstract provided.


Constitutional Separation Of Church And State: The Quest For A Coherent Position, William W. Van Alstyne Jan 1963

Constitutional Separation Of Church And State: The Quest For A Coherent Position, William W. Van Alstyne

Faculty Publications

No abstract provided.


Industrial Mobility And Survival Of Seniority - What Price Security?, Walter L. Williams Jr. Jan 1963

Industrial Mobility And Survival Of Seniority - What Price Security?, Walter L. Williams Jr.

Faculty Publications

No abstract provided.


Procedural Due Process And State University Students, William W. Van Alstyne Jan 1963

Procedural Due Process And State University Students, William W. Van Alstyne

Faculty Publications

This examination seeks to address the problems both universities and students confront regarding the growth of student expression. It is noted that contemporary students sometimes have fewer rights than petty criminals and this article explores the common reasons behind universities’ abbreviated procedures and reconcile those reasons with students’ emerging Fourteenth Amendment rights.


Political Speakers At State Universities: Some Constitutional Considerations, William W. Van Alstyne Jan 1963

Political Speakers At State Universities: Some Constitutional Considerations, William W. Van Alstyne

Faculty Publications

This article takes issue with an ABA committee’s statement that “no question of the Bill of Rights is involved” when state universities deny guest speakers from the Communist party access to university facilities. This argument relies on principles of equal protection, free speech, and the doctrine of reasonable time, place, and manner.


One Man’S Stand For Freedom: Opinions And Lectures Of Mr. Justice Hugo Black, William W. Van Alstyne Jan 1963

One Man’S Stand For Freedom: Opinions And Lectures Of Mr. Justice Hugo Black, William W. Van Alstyne

Faculty Publications

This review champions the editor’s use of Mr. Justice Black’s own opinions in showcasing his emphasis of the emancipating aspects of the Constitution. This work cautions the reader to avoid relying on this compilation as an accurate depiction of the state of the law, especially considering that most of the included opinions are dissents.


Contracts And Sales, Joseph Curtis Jan 1963

Contracts And Sales, Joseph Curtis

Faculty Publications

No abstract provided.