Law Commons^™

Ethnic Identity And Constitutional Design For Africa, Alemante G. Selassie

Faculty Publications

No abstract provided.

Trashing The Constitution: Judicial Activism, The Dormant Commerce Clause, And The Federalism Mantra, Patrick Mcginley

Law Faculty Scholarship

No abstract provided.

Federalism And Supremacy: Control Of State Judicial Decision-Making, Margaret G. Stewart

All Faculty Scholarship

No abstract provided.

Natural Rights, Positivism And The Ninth Amendment: A Response To Mcaffee, Steven J. Heyman

All Faculty Scholarship

No abstract provided.

Adam, Eve And The First Amendment: Some Thoughts On The Obscene As Sacred, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.

The Left, The Right, And Certainty In Constitutional Law, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.

Divided Justice: A Commentary On The Nomination And Confirmation Of Justice Thomas, Michael J. Gerhardt

Faculty Publications

No abstract provided.

What Is Behind The "Property Rights" Debate?, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

Lucas v. South Carolina Coastal Council' obviously presents issues that range far more broadly than just whether people should be allowed to build on beaches and dunes. Many observers have viewed the case as a splendid opportunity for the Supreme Court to re-establish private owner autonomy in land use decisions - to cut down, perhaps drastically, on elected legislatures' traditional power to protect the environment by regulating uses of land. Behind the "property rights" debate is the question of whether states and communities really ought to have the power that they have traditionally had to control the development and patterns …

When “Special Needs” Meet Probable Cause: Denying The Devil Benefit Of Law, Gerald S. Reamey

Faculty Articles

Removing laws to pursue the lawbreaker may be well intentioned, but the result is that society is susceptible to the evils those laws protect against. The traditional Fourth Amendment safeguards--probable cause and warrants--have been abandoned due to the development of a reasonableness standard because of the presence of “special needs” that were used to justify searches. The adoption of this alternative approach to Fourth Amendment interpretation was signalled by the truly landmark case of Terry v. Ohio.

By adopting the “reasonableness” analysis, the Supreme Court altered the impact of the exclusionary rule without directly modifying the rule. After Griffin v. …

The Revitalization Of The Common-Law Civil Writ Of Audita Querela As A Post-Conviction Remedy In Criminal Cases: The Immigration Context And Beyond, Ira Robbins

Articles in Law Reviews & Other Academic Journals

Introduction: An alien lawfully enters the United States in 1972. He gets a job, gets married, and becomes a productive worker in the community. He is subsequently convicted of a felony, such as making false statements on a loan application. As a result, the Immigration and Naturalization Service (INS) brings deportation proceedings against him. The individual will seek any means possible to vacate the conviction, in order to stay in this country.' This Article explores whether the writ of audita querela. primarily used to provide post-judgment relief in civil cases at common law, can be used to challenge criminal convictions …

Autonomy's Magic Wand: Abortion And Constitutional Interpretation, Anita L. Allen

All Faculty Scholarship

No abstract provided.

United States Supreme Court: 1991-92 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.

United States Supreme Court: 1990-91 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.