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1981

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Constitutional Law

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Articles 1 - 30 of 62

Full-Text Articles in Law

Congressional Discretion Under The Property Clause, Eugene R. Gaetke Nov 1981

Congressional Discretion Under The Property Clause, Eugene R. Gaetke

Law Faculty Scholarly Articles

The property clause of article IV grants Congress the authority to regulate federal lands. In referring to that authority, the Supreme Court has observed that “the power over the public land thus entrusted to Congress is without limitations.”

The simplicity of the Court's statement is appealing. Its implications, however, are troubling, especially for those states in which a substantial amount of federal property exists. If the property clause power of Congress is "without limitations," the power of some states over a considerable portion of the land within their boundaries is severely limited. For those states, an unlimited property clause power …


Private Rights And Public Forums: Classifying Plaintiffs In Virginia Defamation Suits, John R. Pagan, Richard E. Walck Oct 1981

Private Rights And Public Forums: Classifying Plaintiffs In Virginia Defamation Suits, John R. Pagan, Richard E. Walck

Popular Media

No abstract provided.


Fourth Amendment Finality, John R. Pagan Oct 1981

Fourth Amendment Finality, John R. Pagan

Popular Media

No abstract provided.


Arizonia V. Maricopa County Medical Society, Lewis F. Powell Jr. Oct 1981

Arizonia V. Maricopa County Medical Society, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Lee, Lewis F. Powell, Jr. Oct 1981

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

Supreme Court Case Files

No abstract provided.


National Association For The Advancement Of Colored People V. Claiborne Hardware Company, Lewis F. Powell, Jr. Oct 1981

National Association For The Advancement Of Colored People V. Claiborne Hardware Company, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Rogers V. Lodge, Lewis F. Powell Jr. Oct 1981

Rogers V. Lodge, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Mills V. Habluetzel, Lewis F. Powell Jr. Oct 1981

Mills V. Habluetzel, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Nixon V. Fitzgerald, Lewis F. Powell Jr. Oct 1981

Nixon V. Fitzgerald, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Plyler V. Doe, Lewis F. Powell Jr. Oct 1981

Plyler V. Doe, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Widmar V. Vincent, Lewis F. Powell Jr. Oct 1981

Widmar V. Vincent, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Ross, Lewis F. Powell Jr. Oct 1981

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

Supreme Court Case Files

No abstract provided.


Washington V. Seattle School District No. 1, Lewis F. Powell Jr. Oct 1981

Washington V. Seattle School District No. 1, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Globe Newspaper Co. V. Superior Court For The County Of Norfolk, Lewis F. Powell Jr. Oct 1981

Globe Newspaper Co. V. Superior Court For The County Of Norfolk, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Valley Forge Christian College V. Americans United For Separation Of Church And State, Inc., Lewis Powell Jr. Oct 1981

Valley Forge Christian College V. Americans United For Separation Of Church And State, Inc., Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.


Rose V. Lundy, Lewis Powell Jr. Oct 1981

Rose V. Lundy, Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.


Mills V. Rogers, Lewis Powell Jr. Oct 1981

Mills V. Rogers, Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.


Zipes V. Trans World Airlines, Inc., Lewis Powell Jr. Oct 1981

Zipes V. Trans World Airlines, Inc., Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.


North Haven Board Of Education V. Bell, Lewis Powell Jr. Oct 1981

North Haven Board Of Education V. Bell, Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.


Board Of Education Of The Hendrick Hudson Central School District, Westchester County V. Rowley, Lewis F. Powell Jr. Oct 1981

Board Of Education Of The Hendrick Hudson Central School District, Westchester County V. Rowley, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Note, Reasonable Relation Reassessed: The Examination Of Private Documents By Federal Regulatory Agencies, Steve R. Johnson Oct 1981

Note, Reasonable Relation Reassessed: The Examination Of Private Documents By Federal Regulatory Agencies, Steve R. Johnson

Scholarly Publications

In the attempt to bring complex patterns of social and economic interaction under effective public control, Congress has relied increasingly on federal regulatory agencies. These agencies can fulfill their statutory missions only if they possess adequate information to determine both when exercise of their substantive powers would be appropriate and what form that exercise should assume. Without knowledge of the actual conditions prevalent in the areas committed to their supervision, agencies can act only capriciously.

Of necessity, much of the data needed by regulatory agencies must be obtained from the regulated individuals or companies themselves. Although such information often is …


Ramah Navajo School Board V. Bureau Of Revenue Of New Mexico, Lewis F. Powell Jr. Sep 1981

Ramah Navajo School Board V. Bureau Of Revenue Of New Mexico, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


The Past 20 Years Of Civil Rights And A Look At The Future, J. Clay Smith Jr. Jul 1981

The Past 20 Years Of Civil Rights And A Look At The Future, J. Clay Smith Jr.

Selected Speeches

No abstract provided.


Law And Reason, J. Clay Smith Jr. Apr 1981

Law And Reason, J. Clay Smith Jr.

Selected Speeches

No abstract provided.


Our First Constitution: The Articles Of Confederation, William F. Swindler Feb 1981

Our First Constitution: The Articles Of Confederation, William F. Swindler

Popular Media

No abstract provided.


Preconstitutional Rule, Richard Kay Jan 1981

Preconstitutional Rule, Richard Kay

Faculty Articles and Papers

No abstract provided.


The Uses Of Human Rights Norms To Inform Constitutional Interpretation, Gordon A. Christenson Jan 1981

The Uses Of Human Rights Norms To Inform Constitutional Interpretation, Gordon A. Christenson

Faculty Articles and Other Publications

Recent federal court of appeals decisions have relied on fundamental human rights norms to inform constitutional interpretation. This comment reviews the reasoning in those cases to identify possible constitutional uses of fundamental human rights norms and to suggest some conceptual framework for their use. The need for such a framework is illustrated by the cases themselves, which seem disparate and disjointed, with no discernible coherent philosophy, though each makes good sense when considered alone.


The First Amendment And The Cable Television Operator: An Unprotective Shield Against Public Access Requirements, Michael I. Meyerson Jan 1981

The First Amendment And The Cable Television Operator: An Unprotective Shield Against Public Access Requirements, Michael I. Meyerson

All Faculty Scholarship

This article focuses on the question of whether state-imposed public access requirements violate the First Amendment rights of the cable television operator. The author suggests that the appropriate analysis asks whether the law abridges expression the First Amendment was meant to protect. In other words, do cable access requirements abridge speech safeguarded by the First Amendment? The article demonstrates that such requirements do not hinder, but in fact further, fundamental First Amendment interests. Finally, the article shows that access requirements fulfill the standards of the constitutional tests for each classification into which they could be placed.


Commentary: Rummel V. Estelle: Mockingbirds Among The Brethren, Kenneth Lasson Jan 1981

Commentary: Rummel V. Estelle: Mockingbirds Among The Brethren, Kenneth Lasson

All Faculty Scholarship

In this commentary Professor Lasson discusses the Supreme Court's decision in Rummel v. Estelle and reveals a poignant personal memorandum that reflects the analysis of human values necessarily performed by whichever Justice cast the deciding vote.


Constitutional Law, Thomas E. Baker Jan 1981

Constitutional Law, Thomas E. Baker

Faculty Publications

This 1981 article discusses principles of federal constitutional law. Professor Baker notes that the constitutional decisions of the courts of appeals will continue to increase in number and importance as the burgeoning federal caseload grows. Professor Baker analyzes how the Fifth Circuit dealt with constitutional principles in the year preceding the article. The article commences with a discussion of cases dealing with justiciability issues. The justiciability issues discussed include standing, mootness, advisory opinions, political questions, ripeness, and Eleventh Amendment issues. Next, Professor Baker discusses cases construing the Commerce Clause. Next, the article discusses cases dealing with due process issues, both …