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Series

1977

Constitutional Law

Institution
Keyword
Publication

Articles 1 - 30 of 49

Full-Text Articles in Law

Does The Constitution Mean What It Always Meant?, James W. Nickel, Stephen R. Munzer Nov 1977

Does The Constitution Mean What It Always Meant?, James W. Nickel, Stephen R. Munzer

Articles

No abstract provided.


Preliminary Injunctions And Abstention: Some Problems In Federalism, Michael L. Wells Nov 1977

Preliminary Injunctions And Abstention: Some Problems In Federalism, Michael L. Wells

Scholarly Works

Suppose a federal district court faces a challenge to state action that presents an unsettled issue of state law, a federal constitutional issue, and a plaintiff who will be irreparably harmed if the state is not immediately enjoined. May the court abstain from a decision on the merits, remand the case to the state courts for resolution of the state law issue, and yet grant a preliminary injunction against the challenged state action? Does it follow from the paucity of reported opinions coupling such interim relief with abstention that such a procedure is inconsistent with the policies underlying the abstention …


New York V. Cathedral Academy, Lewis F. Powell Jr. Oct 1977

New York V. Cathedral Academy, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Foley V. Connelie, Lewis F. Powell Jr. Oct 1977

Foley V. Connelie, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Bordenkircher V. Hayes, Lewis F. Powell Jr. Oct 1977

Bordenkircher V. Hayes, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Kulko V. Superior Court Of California In And For The City And County Of San Francisco (Horn, Real Party In Interest), Lewis F. Powell Jr. Oct 1977

Kulko V. Superior Court Of California In And For The City And County Of San Francisco (Horn, Real Party In Interest), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Quilloin V. Walcott, Lewis F. Powell Jr. Oct 1977

Quilloin V. Walcott, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Ballew V. Georgia, Lewis F. Powell Jr. Oct 1977

Ballew V. Georgia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Zurcher V. Stanford Daily, Lewis F. Powell Jr. Oct 1977

Zurcher V. Stanford Daily, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


First National Bank Of Boston V. Bellotti, Lewis F. Powell Jr. Oct 1977

First National Bank Of Boston V. Bellotti, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Regents Of University Of California V. Bakke, Lewis F. Powell Jr. Oct 1977

Regents Of University Of California V. Bakke, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Mincey V. Arizona, Lewis F. Powell Jr. Oct 1977

Mincey V. Arizona, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Mcadams V. Mcsurely, Lewis F. Powell Jr. Oct 1977

Mcadams V. Mcsurely, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Landmark Communications, Inc. V. Virginia, Lewis F. Powell Jr. Oct 1977

Landmark Communications, Inc. V. Virginia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Exxon Corporation V. Governor Of Maryland, Lewis F. Powell Jr. Oct 1977

Exxon Corporation V. Governor Of Maryland, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Tennessee Valley Authority V. Hill, Lewis Powell Jr. Oct 1977

Tennessee Valley Authority V. Hill, Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Wheeler, Lewis F. Powell Jr. Oct 1977

United States V. Wheeler, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. John, Lewis F. Powell Jr. Oct 1977

United States V. John, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Santa Clara Pueblo V. Martinez, Lewis F. Powell Jr. Oct 1977

Santa Clara Pueblo V. Martinez, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Federal Communications Commission V. Pacifica Foundation, Lewis F. Powell Jr. Oct 1977

Federal Communications Commission V. Pacifica Foundation, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Miranda V. Arizona: The Law Today, Fredric I. Lederer Oct 1977

Miranda V. Arizona: The Law Today, Fredric I. Lederer

Faculty Publications

No abstract provided.


Extraterritorial Power In Georgia Municipal Law, R. Perry Sentell Jr. Sep 1977

Extraterritorial Power In Georgia Municipal Law, R. Perry Sentell Jr.

Scholarly Works

The image of municipal power carries with it the accompanying concept of limitations on that power. One of the seemingly most natural of such limitations is that pertaining to territory. If a municipality is an incorporated entity, composed of precisely described physical boundaries, then its operational existence would normally be presumed to take place within those boundaries. The municipality's power to function outside its limits would thus appear not only unnecessary but foreign to the corporate conception. The problem with such neatness, of course, is its unworldliness. The truism is that neither man nor municipality is an island and that …


Federal Corporate Law, Federalism, And The Federal Courts, Gordon G. Young Jul 1977

Federal Corporate Law, Federalism, And The Federal Courts, Gordon G. Young

Faculty Scholarship

No abstract provided.


World Jewry And The Ballot: The Defence Of Democracy At The World Zionist Federation And Its Potential Impact On Israel's Constitutional Law, Pnina Lahav Jul 1977

World Jewry And The Ballot: The Defence Of Democracy At The World Zionist Federation And Its Potential Impact On Israel's Constitutional Law, Pnina Lahav

Faculty Scholarship

This note highlights an important phase in the history of Zionism describing and analysing a recent decision by the W.Z.F. Tribunal which held categorically and unequivocally that the W.Z.F. is a democratic movement, and as such is bound to follow the most basic rules of democracythe maintenance of equal, popular elections. It then discusses the significance of the potential impact of this decision on Israeli constitutional law. The Tribunal's firm holding that the process of an implicit constitutional amendment is illegitimate and invalid, may signal a shift in the Israeli position which has, so far recognised this technique as valid. …


State Taxation And The Supreme Court: Toward A More Unified Approach To Constitutional Adjudication?, Walter Hellerstein Jun 1977

State Taxation And The Supreme Court: Toward A More Unified Approach To Constitutional Adjudication?, Walter Hellerstein

Scholarly Works

The Supreme Court's decisions delineating the constitutional limitations on state tax power have often defied rational analysis. The Court read the commerce clause as forbidding a state tax on the privilege of doing interstate business but not on the privilege of doing interstate business in corporate form. It construed the import-export clause as prohibiting a state tax on bales of imported hemp awaiting use in manufacturing but not on piles of imported ore and plywood awaiting such use. It interpreted the supremacy clause as barring a state tax upon the sale of goods to one government contractor but not to …


State Taxation And The Supreme Court: Toward A More Unified Approach To Constitutional Adjudication?, Walter Hellerstein Jun 1977

State Taxation And The Supreme Court: Toward A More Unified Approach To Constitutional Adjudication?, Walter Hellerstein

Scholarly Works

The Supreme Court's decisions delineating the constitutional limitations on state tax power have often defied rational analysis. The Court read the commerce clause as forbidding a state tax on the privilege of doing interstate business but not on the privilege of doing interstate business in corporate form. It construed the import-export clause as prohibiting a state tax on bales of imported hemp awaiting use in manufacturing but not on piles of imported ore and plywood awaiting such use. It interpreted the supremacy clause as barring a state tax upon the sale of goods to one government contractor but not to …


Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira Robbins May 1977

Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira Robbins

Articles in Law Reviews & Other Academic Journals

The 1960's marked a watershed for the criminal justice system. In such areas as search and seizure, right to counsel and the privilege against self-incrimination, the federal courts first defined substantive constitutional rights and then imposed them upon disinclined functionaries at the state level. At first, these innovations raised thorny questions of constitutional interpretation about the rights involved, but, as is especially visible in the search and seizure area, the debate more recently has focused on the remedy chosen by the Supreme Court for enforcing these rights against the states.' This pattern of escalating federal involvement in the criminal justice …


Judicial Protection Of Minorities, Terrance Sandalow May 1977

Judicial Protection Of Minorities, Terrance Sandalow

Articles

In United States v. Carolene Products Co., Justice Stone suggested by indirection that there "may be narrower scope for operation of the presumption of constitutionality" when courts are called upon to determine the validity "of statutes directed at particular religious . . . or national . . . or racial minorities."' In such cases, he explained, "prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry."' Forty years later, …


Disproportionate Impact And Illicit Motive: Theories Of Constitutional Adjudication, Theodore Eisenberg Apr 1977

Disproportionate Impact And Illicit Motive: Theories Of Constitutional Adjudication, Theodore Eisenberg

Cornell Law Faculty Publications

Recent decisions of the Supreme Court have not been kind to those who favor an expansive reading of the equal protection clause. Last Term, in Washington v. Davis, the Court held that the disproportionate impact of governmental action on minority groups is not unconstitutional unless accompanied by proof of intentional discrimination. This Term, in Village of Arlington Heights v. Metropolitan Housing Development Corp., the Court reinforced the intent barrier to the finding of equal protection violations. Mr. Eisenberg argues in this Article that the Washington test is too harsh, and was required neither by practical necessity nor by …


Civilizing Pornography: The Case For An Exclusive Obscenity Nuisance Statute, Doug R. Rendleman Apr 1977

Civilizing Pornography: The Case For An Exclusive Obscenity Nuisance Statute, Doug R. Rendleman

Faculty Publications

Criminal penalties are increasingly perceived to be too severe for regulating obscenity. Professor Rendleman shares this perception and suggests that we replace criminal obscenity laws with an exclusive civil sanction utilizing injunctions. He proposes a comprehensive nuisance statute and discusses the various issues that arise in the equitable regulation of pornography.