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Series

1995

Constitutional Law

Institution
Keyword
Publication

Articles 31 - 60 of 121

Full-Text Articles in Law

Adding Complexity To Confusion And Seeing The Light: Feminist Legal Insights And The Jurisprudence Of The Religion Clauses, Leslie Gielow Jacobs Jan 1995

Adding Complexity To Confusion And Seeing The Light: Feminist Legal Insights And The Jurisprudence Of The Religion Clauses, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

No abstract provided.


The Federal Government And The Promise Of Brown, Brian K. Landsberg Jan 1995

The Federal Government And The Promise Of Brown, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

The U.S. Department of Justice has played an important role in the development and enforcement of school desegregation law, by participating in Brown and later cases. From the Truman administration to the present, the thrust of government policy has been to promote unity and vindicate the unmet promise of the equal protection clause. The ambiguity of the Supreme Court's decision in Brown has allowed considerable flexibility in defining and remedying discrimination. Whether Brown failed or succeeded depends on which possible meaning of Brown one accepts. The department now should protect the gains under Brown from retrogressive attacks and should oppose …


Political And Social Construction Of Families Through Pedagogy In Family Law Classrooms, Lundy Langston Jan 1995

Political And Social Construction Of Families Through Pedagogy In Family Law Classrooms, Lundy Langston

Journal Publications

Most family law materials available today fail to reflect the diversity' of family arrangements in modem society. Traditionally, family law is taught as a rules-based area of law. Students learn the requirements of marriage and the grounds for and consequences of divorce. Currently, there are efforts to expand the codification of family law through such things as support guidelines, uniform acts, and legislation listing specific factors to be considered in custody and property distribution cases. Many of these efforts stem from the underlying assumption that there is a uniform methodology describing and defining doctrine appropriate for resolution of family related …


Judicial Protection Of The Individual Against Administrative Actions In The United States And In Germany, Joerg Nikolaus Uhl Jan 1995

Judicial Protection Of The Individual Against Administrative Actions In The United States And In Germany, Joerg Nikolaus Uhl

LLM Theses and Essays

From the Preamble of the U.S. Constitution which begins “We the people…,” the focus of the American legal system is clear. The individual and personal freedom are the primary concern for protection under U.S. law. Conversely, the German legal system places its focus on the preservation of the democratic system. This difference and the weight the U.S. places on separation of powers, whereas the executive and legislative branches are closely related in Germany, have combined to produce many differences between the U.S. and German political and legal systems. This paper analyzes these differences, especially with regards to administrative agencies and …


Overview Of The Role Of Precedent In The Legal System Of The United States, Ana Elena Fierro Jan 1995

Overview Of The Role Of Precedent In The Legal System Of The United States, Ana Elena Fierro

LLM Theses and Essays

Traditionally, legal systems have been classified as either Common Law or Civil Law; scholars distinguish these systems based on their origins, as well their attitudes towards stare decisis. Common law considers precedent as a source of binding rules, while civil law does not. However, some scholars consider the methods for legal reasoning to be almost the same in every legal system. These scholars maintain that regardless of the source of law in a particular country, once a judge determines that the facts of one case are similar to those regulated by a certain rule, the judge will apply that particular …


The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil Jan 1995

The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil

LLM Theses and Essays

Under the American approach to criminal justice, freedom of the individual is of the utmost importance. The American criminal justice system reflects a distrust of abuse of power and an emphasis on protection of personal freedom. However, the French take a contrary approach; under French law, freedom is achieved through the State. This paper examines the protection of individuals’ rights in American and French criminal procedure. Focus will be given to tracking the police investigatory powers in each country through searches and seizures, and the impact that those powers have on individuals’ rights. This paper will assert that the police …


Federalism And Families, Anne Dailey Jan 1995

Federalism And Families, Anne Dailey

Faculty Articles and Papers

No abstract provided.


A Catalogue Of Judicial Federalism In The United States, Thomas E. Baker Jan 1995

A Catalogue Of Judicial Federalism In The United States, Thomas E. Baker

Faculty Publications

No abstract provided.


The American Tradition Of Language Rights: The Forgotten Right To Government In A Known Tongue, Jose R. "Beto" Juarez Jan 1995

The American Tradition Of Language Rights: The Forgotten Right To Government In A Known Tongue, Jose R. "Beto" Juarez

Faculty Scholarship

No abstract provided.


A Critical Reassessment Of The Case Law Bearing On Congress's Power To Restrict The Jurisdiction Of The Lower Federal Courts, Gordon G. Young Jan 1995

A Critical Reassessment Of The Case Law Bearing On Congress's Power To Restrict The Jurisdiction Of The Lower Federal Courts, Gordon G. Young

Faculty Scholarship

No abstract provided.


Standing Back From The Forest: Justiciability And Social Choice, Maxwell L. Stearns Jan 1995

Standing Back From The Forest: Justiciability And Social Choice, Maxwell L. Stearns

Faculty Scholarship

No abstract provided.


Comparing Implied And Express Constitutional Freedoms, David S. Bogen Jan 1995

Comparing Implied And Express Constitutional Freedoms, David S. Bogen

Faculty Scholarship

No abstract provided.


Old Wine In New Bottles: The Constitutional Status Of Unconstitutional Speech, Mark A. Graber Jan 1995

Old Wine In New Bottles: The Constitutional Status Of Unconstitutional Speech, Mark A. Graber

Faculty Scholarship

This Article explores whether contemporary advocates of restrictions on bigoted expression have more in common with contemporary advocates of broad First Amendment rights or with past censors. The critical theorists who would ban some hate speech rely heavily on the equal citizenship principles that radical civil libertarians believe justify almost absolute speech rights. The First Amendment, past and present censors argue, does not fully protect speech inconsistent with what they believe are basic constitutional values. This claim repudiates a basic principle of American constitutionalism, the faith that "self-evident" constitutional values will triumph in the constitutional marketplace of ideas. The ideological …


That The Laws Shall Bind Equally On All: Congressional And Executive Roles In Applying Laws To Congress, Harold H. Bruff Jan 1995

That The Laws Shall Bind Equally On All: Congressional And Executive Roles In Applying Laws To Congress, Harold H. Bruff

Publications

No abstract provided.


The Second Adoption Of The Establishment Clause: The Rise Of The Non-Establishment Principle, Kurt T. Lash Jan 1995

The Second Adoption Of The Establishment Clause: The Rise Of The Non-Establishment Principle, Kurt T. Lash

Law Faculty Publications

In the 70 years since Gitlow first incorporated the First Amendment protections of speech and press against the states, the Establishment Clause has been a boon to incorporation's enemies and an embarrassment to its friends. Scholars who make the historical case for general incorporation either ignore, or carefully distinguish, the case of the Establishment Clause. Anti-incorporationists, on the other hand, use the case against incorporation of the Establishment Clause as their cause celebre. In fact, so wonderfully ambiguous is the history surrounding this opening line of the Bill of Rights that originalists use it to attack incorporation, and nonoriginalists use …


Telling Stories About Constitutional Law, Lewis H. Larue Jan 1995

Telling Stories About Constitutional Law, Lewis H. Larue

Scholarly Articles

Not available.


The Only Good Poor Woman: Unconstitutional Conditions And Welfare, Dorothy E. Roberts Jan 1995

The Only Good Poor Woman: Unconstitutional Conditions And Welfare, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.


Consolidation, Coordination, Competition, And Coherence: In Search Of A Forward Looking Communications Policy, Mark D. Director, Michael Botein Jan 1995

Consolidation, Coordination, Competition, And Coherence: In Search Of A Forward Looking Communications Policy, Mark D. Director, Michael Botein

Articles & Chapters

No abstract provided.


The Metaphor Is The Key: Cryptography, The Clipper Chip, And The Constitution, A. Michael Froomkin Jan 1995

The Metaphor Is The Key: Cryptography, The Clipper Chip, And The Constitution, A. Michael Froomkin

Articles

No abstract provided.


International Trade Relations And The Separation Of Powers Under The United States Constitution, John Linarelli Jan 1995

International Trade Relations And The Separation Of Powers Under The United States Constitution, John Linarelli

Scholarly Works

No abstract provided.


Planned Constitution Never Got Written, But Israel Still Got Constitutional Law, Marcia R. Gelpe Jan 1995

Planned Constitution Never Got Written, But Israel Still Got Constitutional Law, Marcia R. Gelpe

Faculty Scholarship

Israel's development of constitutional law without a written constitution presents a fascinating picture of how a system, unable to develop a constitution in the usual manner, has developed one in another manner. It shows how innovative lawmaking can be - and sometimes must be - to maintain a democratic political system.


A Fond Farewell, Bruce Ledewitz Jan 1995

A Fond Farewell, Bruce Ledewitz

Ledewitz Papers

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


Perspectives On The Law Of The American Sit-In, Bruce Ledewitz Jan 1995

Perspectives On The Law Of The American Sit-In, Bruce Ledewitz

Ledewitz Papers

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


Employment Discrimination: Recent Developments In The Supreme Court (Symposium: The Supreme Court And Local Government Law, 1993-1994 Term), Eileen Kaufman Jan 1995

Employment Discrimination: Recent Developments In The Supreme Court (Symposium: The Supreme Court And Local Government Law, 1993-1994 Term), Eileen Kaufman

Scholarly Works

No abstract provided.


Hate Speech On Campus And The First Amendment: Can They Be Reconciled?, Thomas A. Schweitzer Jan 1995

Hate Speech On Campus And The First Amendment: Can They Be Reconciled?, Thomas A. Schweitzer

Scholarly Works

No abstract provided.


The Constitution Of Belarus: A Good First Step Towards The Rule Of Law, Gary M. Shaw Jan 1995

The Constitution Of Belarus: A Good First Step Towards The Rule Of Law, Gary M. Shaw

Scholarly Works

No abstract provided.


The Commerce Clause Quartet, Martin A. Schwartz, Leon D. Lazer Jan 1995

The Commerce Clause Quartet, Martin A. Schwartz, Leon D. Lazer

Scholarly Works

No abstract provided.


Waiving Sovereign Immunity In An Age Of Clear Statement Rules, John C. Nagle Jan 1995

Waiving Sovereign Immunity In An Age Of Clear Statement Rules, John C. Nagle

Journal Articles

The Supreme Court has been creating clear statement rules faster than commentators can keep track of them. At their strongest, clear statement rules treat all statutes as maintaining the status quo unless Congress clearly states its contrary intention in the text of the statute. Because clear statement rules "foreclose inquiry into extrinsic guides of interpretation," they eliminate any need—or opportunity—to glean evidence from the structure, purpose, or history of a statute to inform a determination about congressional intent. But the Court has vacillated regarding precisely what Congress must do to satisfy clear statement rules. Sometimes broad general language suffices; sometimes …


Structuring The Ballot Initiative: Procedures That Do And Don't Work, Richard B. Collins, Dale Oesterle Jan 1995

Structuring The Ballot Initiative: Procedures That Do And Don't Work, Richard B. Collins, Dale Oesterle

Publications

No abstract provided.


Defining Excessiveness: Applying The Eighth Amendment To Civil Forfeiture After Austin V. United States, Sarah N. Welling, Medrith Lee Hager Jan 1995

Defining Excessiveness: Applying The Eighth Amendment To Civil Forfeiture After Austin V. United States, Sarah N. Welling, Medrith Lee Hager

Law Faculty Scholarly Articles

In 1971, agents of the federal government seized a $20,000 yaught after finding a small quantity of marijuana on board. Ten years later government agents confiscated a twenty-eight foot boat that held drugs consisting of one marijuana twig and two marijuana leaves. Since then, the government has taken possession of a $250,000 home because a drug transaction occurred in a car parked in the driveway and of a smaller dwelling because the owner used the telephone inside to set up a drug deal at another location. In another incident, local, county, state, and federal agents shot and killed the owner …