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Series

1990

Constitutional Law

Institution
Keyword
Publication

Articles 1 - 30 of 107

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.


Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann Nov 1990

Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann

Faculty Scholarship

This Essay is an effort to construct a normative basis for a constitutional theory to resist the Supreme Court's recent decision in DeShaney v. Winnebago County Department of Social Services.1 In DeShaney, the Court decided that a local social service worker's failure to prevent child abuse did not violate the due process clause of the fourteenth amendment even though the social worker "had reason to believe" the abuse was occurring. 2 Chief Justice Rehnquist's opinion for the Court held that government inaction cannot violate due process unless the state has custody of the victim, 3 thus settling a controversial …


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: A Bibliography, Janet Sinder Jul 1990

Academic Freedom: A Bibliography, Janet Sinder

Faculty Scholarship

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

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.


Territorial Governments And The Limits Of Formalism, Gary S. Lawson Jul 1990

Territorial Governments And The Limits Of Formalism, Gary S. Lawson

Faculty Scholarship

For much of this nation's history, the governance of American territories, such as the island of Guam, was one of the most significant and oft-litigated problems of American constitutional law. In modern times, however, issues of territorial governance have been reduced to the status of constitutional arcana. Professor Lawson maintains that this frequently neglected problem of territorial governance is an ideal context in which to conduct the resurgent modern debate concerning separation of powers theory. Accordingly, Professor Lawson undertakes a formalist analysis of the principal institutions of American territorial governance, finding all of them incompatible with a formalist understanding of …


The Self-Incrimination Debate, Mark Berger Jul 1990

The Self-Incrimination Debate, Mark Berger

Faculty Works

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 …


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

All Faculty Scholarship

No abstract provided.


Courts Busy With Challenges To Pennsylvania's Insurance Laws, Bruce Ledewitz Mar 1990

Courts Busy With Challenges To Pennsylvania's Insurance Laws, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


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.


Court Lifts Amortization Ban On Pa. Non-Conforming Uses, Bruce Ledewitz Jan 1990

Court Lifts Amortization Ban On Pa. Non-Conforming Uses, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


The Corporate Personality In American Law: A Summary Review, Phillip Blumberg Jan 1990

The Corporate Personality In American Law: A Summary Review, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.


The Bork Nomination And The Definition Of "The Constitution", Richard Kay Jan 1990

The Bork Nomination And The Definition Of "The Constitution", Richard Kay

Faculty Articles and Papers

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 …


Constitutional Constraints On Proving "Whodunnit?", John O. Sonsteng Jan 1990

Constitutional Constraints On Proving "Whodunnit?", John O. Sonsteng

Faculty Scholarship

American system places these constraints on the age old criminal law question: “WHODUNIT?” This article explores these issues.


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 VI(2) instructs that the …


Religious Free Speech Rights Of Students In Public Schools: The Educator's Dilemma, Rosalie Levinson Jan 1990

Religious Free Speech Rights Of Students In Public Schools: The Educator's Dilemma, Rosalie Levinson

Law Faculty Publications

No abstract provided.


Review, Constitutional Brinkmanship: Amending The Constitution By National Convention, Richard Kay Jan 1990

Review, Constitutional Brinkmanship: Amending The Constitution By National Convention, Richard Kay

Faculty Articles and Papers

Reviewing Constitutional Brinkmanship: Amending the Constitution by National Convention. By Russell L. Caplan., New York: Oxford University Press. 1988.


Constitutional Cultures: Constitutional Law, Richard Kay Jan 1990

Constitutional Cultures: Constitutional Law, Richard Kay

Faculty Articles and Papers

Reviewing Constitutional Cultures: The Mentality and Consequences of Judicial Review. Robert F. Nagel. University of California, 1989


Emergency In The Constitutional Law Of The United States, William B. Fisch Jan 1990

Emergency In The Constitutional Law Of The United States, William B. Fisch

Faculty Publications

In the following report I shall concentrate on the law as pronounced by the United States Supreme Court, which has, within the sphere of judicial competence, the last say on the interpretation of the Constitution. The volume of significant litigation on the subject which stops below the Supreme Court has been relatively light, and the constitutional law declared by the lower courts has played a less significant role than is the case in many other issues. Indeed, as we shall see, the Supreme Court itself has had less to say on the topic than might be hoped for. I shall …


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.


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.


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.