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Series

1990

Constitutional Law

Institution
Keyword
Publication

Articles 1 - 30 of 90

Full-Text Articles in Law

[Letter To Kenneth Starr, Solicitor General, On Ayers V. Allain], J. Clay Smith Jr. Nov 1990

[Letter To Kenneth Starr, Solicitor General, On Ayers V. Allain], J. Clay Smith Jr.

Selected Speeches

No abstract provided.


Rule 11 And Civil Rights Lawyers Comments Of National Bar Association In Response To The Call For Comments Issued By The Advisory Committee On The Civil Rules Judicial Conference Of The United States, J. Clay Smith Jr. Nov 1990

Rule 11 And Civil Rights Lawyers Comments Of National Bar Association In Response To The Call For Comments Issued By The Advisory Committee On The Civil Rules Judicial Conference Of The United States, J. Clay Smith Jr.

Selected Speeches

No abstract provided.


Levels Of Generality In The Definition Of Rights, Laurence H. Tribe, Michael C. Dorf Oct 1990

Levels Of Generality In The Definition Of Rights, Laurence H. Tribe, Michael C. Dorf

Cornell Law Faculty Publications

This article focuses on one important aspect of the quest for constitutional meaning: how to determine whether a particular liberty-whether or not expressly enumerated in the Bill of Rights-is a "fundamental" right. Whether under the somewhat tarnished banner of substantive due process or under a different rubric, the designation of a right as fundamental requires that the state offer a compelling justification for limitations of that right. In addition, under the Equal Protection Clause of the Fourteenth Amendment, state-sanctioned inequalities that bear upon the exercise of a fundamental right will be upheld only if they serve a compelling governmental interest ...


Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla Jul 1990

Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla

Scholarly Articles

Not available.


Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr. Jul 1990

Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.


Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla Jul 1990

Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla

Faculty Publications

No abstract provided.


Preliminary Reflections On Mckesson And American Trucking Associations, Walter Hellerstein Jul 1990

Preliminary Reflections On Mckesson And American Trucking Associations, Walter Hellerstein

Scholarly Works

On June 4, 1990, the Supreme Court issued its long awaited decisions in McKesson Corp v. Division of Alcoholic Beverages and Tobacco and American Trucking Associations, Inc. v. Smith. Both cases raised the question of whether a taxpayer has a right to a refund of unconstitutional state taxes. This article analyzes these decisions separately and considers the implications of these decisions on future state tax litigation. The article has two purposes: first, to analyze the McKesson and American Trucking Association cases; and second, to consider their implications for future constitutional challenges to state taxes. The article concludes by stating that ...


Academic Freedom: A Bibliography, Janet Sinder Jul 1990

Academic Freedom: A Bibliography, Janet Sinder

Faculty Scholarship

No abstract provided.


Has The Supreme Court Confessed Error On The Eleventh Amendment? Revisionist Scholarship And State Immunity, George D. Brown Jun 1990

Has The Supreme Court Confessed Error On The Eleventh Amendment? Revisionist Scholarship And State Immunity, George D. Brown

Boston College Law School Faculty Papers

The simple text of the eleventh amendment belies the complexity of the jurisprudence surrounding it. Professor George D. Brown uses the United States Supreme Court's recent decision in Pennsylvania v. Union Gas Co. as a jumping-off point to determine where the Court stands today on the delicate balance between national supremacy and state sovereignty. In the divided Court's endorsement of congressional power to abrogate the states' immunity he detects a shift toward national supremacy. Professor Brown finds abrogation theory to be as problematic as what came before it. Nevertheless, he accepts the current framework as a compromise that ...


Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr. May 1990

Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.


Habeas Corpus Committee - Testimony By Powell, Lewis F. Powell Jr. May 1990

Habeas Corpus Committee - Testimony By Powell, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.


Democracy And Its Critics, Cary Coglianese May 1990

Democracy And Its Critics, Cary Coglianese

Faculty Scholarship at Penn Law

No abstract provided.


Habeas Corpus Committee - Lecture At Uva Law School, Lewis F. Powell Jr. Mar 1990

Habeas Corpus Committee - Lecture At Uva Law School, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.


Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr. Mar 1990

Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.


The Bill Of Rights At 200 Years: Bicentennial Perspectives, Rodney A. Smolla Jan 1990

The Bill Of Rights At 200 Years: Bicentennial Perspectives, Rodney A. Smolla

Scholarly Articles

Not available.


Habeas Corpus Committee - Bill Texts, Lewis F. Powell Jr. Jan 1990

Habeas Corpus Committee - Bill Texts, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.


Habeas Corpus Committee - Capital Punishment Data, Lewis F. Powell Jr. Jan 1990

Habeas Corpus Committee - Capital Punishment Data, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.


Constitutional Protection Of Freedom Of Expression In The United States As It Affects Defamation Law, Oscar S. Gray Jan 1990

Constitutional Protection Of Freedom Of Expression In The United States As It Affects Defamation Law, Oscar S. Gray

Faculty Scholarship

No abstract provided.


Book Review: The Limits Of Judicial Power: The Supreme Court In American Politics, David S. Bogen Jan 1990

Book Review: The Limits Of Judicial Power: The Supreme Court In American Politics, David S. Bogen

Faculty Scholarship

No abstract provided.


Indeterminacy And Incommensurability In Constitutional Law, Steven L. Winter Jan 1990

Indeterminacy And Incommensurability In Constitutional Law, Steven L. Winter

Law Faculty Research Publications

Progressive constitutional scholarship has yet fully to confront the implications of the conservative shift in constitutional law. Liberal critics continue to seek governing constitutional theories with which to constrain decisionmaking by judges of a notably different mind. Other, more radical scholars employ the indeterminacy and "law is politics" critiques in a more open attempt at displacement. Neither approach is viable, however. Each presumes the primacy of the autonomous, self-directing subject; each resists recognition of the situated nature of all human endeavor. This essay adopts the alternative strategy: exploring the implications of situatedness as they apply to the development, practice, and ...


The Constitution, Racial Preference, And The Supreme Court's Institutional Ambivalence: Reflections On Metro Broadcasting, Robert A. Sedler Jan 1990

The Constitution, Racial Preference, And The Supreme Court's Institutional Ambivalence: Reflections On Metro Broadcasting, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


The Case Against A Right To Religion-Based Exemptions, Ellis M. West Jan 1990

The Case Against A Right To Religion-Based Exemptions, Ellis M. West

Political Science Faculty Publications

When, if ever, does the free exercise clause of the first amendment give an individual or organization the right to disobey with impunity a valid law of the state? This question is being discussed with increasing frequency and intensity because of the growing number of persons and groups who are going to the courts and claiming such a right on the grounds that the application of certain laws to them would burden their free exercise of religion. Almost all the individuals and some of the groups who claim such a right do so because the laws to which they object ...


Great Ironies Of History: The Peculiar Historic Fable Of Marbury V. Madison, Eric J. Beckerman Jan 1990

Great Ironies Of History: The Peculiar Historic Fable Of Marbury V. Madison, Eric J. Beckerman

Hofstra Law Student Works

On the first day of virtually every course in American Constitutional Law the case of Marbury v. Madison is taught. Students are usually told that this is the case that established what we refer to today as judicial review. They are instructed as to the continuing controversy of how "The Great Chief Justice," John Marshall, created out of thin air the power or the courts to pronounce acts of the other branches of government unconstitutional. A cursory review of the bare facts of the case usually accompanies the legal analysis of the opinion generally followed by extensive commentary and criticism ...


Rethinking First Amendment Assumptions About Racist And Sexist Speech, Rodney A. Smolla Jan 1990

Rethinking First Amendment Assumptions About Racist And Sexist Speech, Rodney A. Smolla

Faculty Publications

No abstract provided.


The Due Process Defense In Entrapment Cases, The Journey Back, Paul Marcus Jan 1990

The Due Process Defense In Entrapment Cases, The Journey Back, Paul Marcus

Faculty Publications

No abstract provided.


Meeting The Enemy, Robert F. Nagel Jan 1990

Meeting The Enemy, Robert F. Nagel

Articles

No abstract provided.


The Interpretation Of International Maritime Conventions In United States Law, Mark Weston Janis Jan 1990

The Interpretation Of International Maritime Conventions In United States Law, Mark Weston Janis

Faculty Articles and Papers

In the United States, the interpretation of international maritime conventions is carried out within the general context of U.S. constitutional law. The Constitution's Article 11(2) provides that the President of the United States is granted the Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur. Article 111(2) extends the judicial power of the United States to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority. Article ...


Out-Of-State Trash: Solid Waste And The Dormant Commerce Clause, Bradford Mank Jan 1990

Out-Of-State Trash: Solid Waste And The Dormant Commerce Clause, Bradford Mank

Faculty Articles and Other Publications

America faces a garbage crisis. Many cities and states are rapidly depleting their landfill capacity for ordinary municipal solid waste.The "Not In My Back Yard" (NIMBY) syndrome hinders regional and national solutions to the solid waste problem. This Article examines to what extent local communities may exclude solid waste from out-of-state sources without violating the Commerce Clause.


Political Pressure And Judging In Constitutional Cases, Robert F. Nagel Jan 1990

Political Pressure And Judging In Constitutional Cases, Robert F. Nagel

Articles

No abstract provided.


Exchange On The Eleventh Amendment, Calvin R. Massey Jan 1990

Exchange On The Eleventh Amendment, Calvin R. Massey

Faculty Scholarship

No abstract provided.