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Articles 1 - 17 of 17

Full-Text Articles in Law

Davis V. Scherer, Lewis F. Powell Jr. Oct 1983

Davis V. Scherer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Seattle Times, Co. V. Rhinehart, Lewis F. Powell Jr. Oct 1983

Seattle Times, Co. V. Rhinehart, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Hudson V. Palmer, Lewis F. Powell Jr. Oct 1983

Hudson V. Palmer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


The Constitution In The Supreme Court: Article Iv And Federal Powers, 1836-1864, David P. Currie Sep 1983

The Constitution In The Supreme Court: Article Iv And Federal Powers, 1836-1864, David P. Currie

Duke Law Journal

Continuing his critical analysis of the constitutional decisions of the Taney period, Professor Currie examines cases involving the privileges and immunities clause, fugitives from slavery and criminal prosecution, and intergovernmental immunities, as well as cases dealing with the scope of federal judicial and legislative powers. In these decisions, with the glaring exception of Scott v. Sandford, he finds additional evidence that in general the Taney Court continued to enforce constitutional limitations vigorously against the states and to construe federal authority generously.


Constitutional, Teresa Morris Apr 1983

Constitutional, Teresa Morris

West Virginia Law Review

No abstract provided.


Constitutional, Teresa Morris Apr 1983

Constitutional, Teresa Morris

West Virginia Law Review

No abstract provided.


The Legitimacy Debate In Constitutional Adjudication: An Assessment And A Different Perspective, Robert Allen Sedler Jan 1983

The Legitimacy Debate In Constitutional Adjudication: An Assessment And A Different Perspective, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.


The Constitutionality Of The Foreign Intelligence Surveillance Act Of 1978, Judith B. Anderson Jan 1983

The Constitutionality Of The Foreign Intelligence Surveillance Act Of 1978, Judith B. Anderson

Vanderbilt Journal of Transnational Law

Within its more limited scope, the Belfield decision provides a helpful approach to FISA cases by articulating both a solid rationale for FISA's in camera, ex parte provision and a workable balancing approach for determining whether open proceedings may be necessary. The Falvey decision, although broader in scope, does not provide a satisfactory rationale for FISA's deviation from the traditional fourth amendment warrant requirement, nor does it articulate a workable approach to evaluating a FISA-warranted surveillance. The Falvey court, by predicating its upholding of FISA on an acceptance of the national security exception, may perpetuate a debate that the statute …


Books Received, Law Review Staff Jan 1983

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

CIVIL JUDGMENT RECOGNITION AND THE INTEGRATION OF MULTIPLE STATE ASSOCIATIONS: CENTRAL AMERICA, THE UNITED STATES OF AMERICA, AND THE EUROPEAN ECONOMIC COMMUNITY

By Robert C. Casad

Lawrence: The Regents Press of Kansas, 1981. Pp. 258.$25.00.

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COMPARATIVE LAW YEARBOOK

VOL. 4, 1980

Edited by Dennis Campbell

The Hague/Boston/London: Martinus Nijhoff Publishers, 1981. Pp. 371.

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CONSTITUTION-MAKING: PRINCIPLES, PROCESS, PRACTICE

By Edward McWhinney

Toronto: University of Toronto Press, 1981.Pp. 231. $20.00.

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THE ENVIRONMENTAL LAW OF THE SEA

Edited by Douglas M.Johnston

Gland, Switzerland: International Union for Conservation of Nature and Natural Resources, 1981. Pp. 419.

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INTERNATIONAL BUSINESS: ENVIRONMENTS AND …


Legal Research In The Federal Republic Of Germany: A Concise Presentation Of Basic Publications, Ralph Lansky Jan 1983

Legal Research In The Federal Republic Of Germany: A Concise Presentation Of Basic Publications, Ralph Lansky

Vanderbilt Journal of Transnational Law

This Article provides information about legal literature and research in the Federal Republic of Germany. Twenty-four basic works are reviewed, including a dozen important law books and legal periodicals and a dozen legal bibliographies that help to locate additional legal information. In addition, a few other publications are briefly discussed. This Article addresses the use of selective legal materials and as a result is very basic. Its objective is to introduce the novice to German legal literature.

Most of the books concern the law of the Federal Republic of Germany. A few that are published in that country cover comparative …


The Responsibilities Of The United Kingdom Parliament And Government Under The Australian Constitution, John M. Finnis Jan 1983

The Responsibilities Of The United Kingdom Parliament And Government Under The Australian Constitution, John M. Finnis

Journal Articles

Arguing that the United Kingdom retained constitutioanl duties to Australia following that country's independence.


An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag Jan 1983

An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag

Publications

No abstract provided.


The Creeping Eruption Of Mt. Healthy, Morell E. Mullins Sr. Jan 1983

The Creeping Eruption Of Mt. Healthy, Morell E. Mullins Sr.

Faculty Scholarship

No abstract provided.


The Flag Salute Cases And The First Amendment, Stephen W. Gard Jan 1983

The Flag Salute Cases And The First Amendment, Stephen W. Gard

Law Faculty Articles and Essays

The flag salute cases have been a source of endless fascination for legal and historical scholars. Most of this large body of scholarship has focused on the apparent oddity of Justice Frankfurter's view that there was no constitutional infirmity in the "petty tyranny" of a governmental requirement that school children engage in a hypocritical affirmation of belief. Unfortunately, the doctrinal importance of the opinions of Justices Jackson and Frankfurter in the flag salute cases as contrasting statements on the interpretation of the freedom of speech guarantee of the first amendment and the function of the judiciary in preserving our most …


Social Security Benefits: When Can You Sue? (Heckler V. Ringer), Robert Hayman Dec 1982

Social Security Benefits: When Can You Sue? (Heckler V. Ringer), Robert Hayman

Robert L. Hayman

No abstract provided.


Does The Exclusionary Rule Apply To Ins Deportation Proceedings? (Ins V. Lopez-Mendoza), Robert Hayman Dec 1982

Does The Exclusionary Rule Apply To Ins Deportation Proceedings? (Ins V. Lopez-Mendoza), Robert Hayman

Robert L. Hayman

No abstract provided.


Limits On Legislative Court Judicial Power: The Need For Balancing Competing Interests, Kenneth T. Kristl Dec 1982

Limits On Legislative Court Judicial Power: The Need For Balancing Competing Interests, Kenneth T. Kristl

Kenneth T Kristl

No abstract provided.