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Articles 1 - 21 of 21
Full-Text Articles in Law
National Farmers Union Insurance Cos. V. Crow Tribe Of Indians, Lewis F. Powell Jr.
National Farmers Union Insurance Cos. V. Crow Tribe Of Indians, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Tennessee V. Garner, Lewis F. Powell Jr.
Tennessee V. Garner, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Sharpe, Lewis F. Powell Jr.
United States V. Sharpe, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Winston V. Lee, Lewis F. Powell Jr.
United States V. Hensley, Lewis F. Powell Jr.
United States V. Hensley, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
New Jersey V. T.L.O., Lewis F. Powell Jr.
New Jersey V. T.L.O., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
City Of Cleburne, Texas V. Cleburne Living Center Inc., Lewis F. Powell Jr.
City Of Cleburne, Texas V. Cleburne Living Center Inc., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
School Committee Of The Town Of Burlington V. Department Of Education Of Massachusetts, Lewis F. Powell Jr.
School Committee Of The Town Of Burlington V. Department Of Education Of Massachusetts, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Montana V. Blackfeet Tribe Of Indians, Lewis F. Powell Jr.
Montana V. Blackfeet Tribe Of Indians, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Political Question Doctrine In State Courts, Nat S. Stern
The Political Question Doctrine In State Courts, Nat S. Stern
South Carolina Law Review
No abstract provided.
In The Supreme Court's Shadow: Legitimacy Of State Rejection Of Supreme Court Reasoning And Result, Robert F. Williams
In The Supreme Court's Shadow: Legitimacy Of State Rejection Of Supreme Court Reasoning And Result, Robert F. Williams
South Carolina Law Review
No abstract provided.
Has The Contract Clause Counter-Revolution Halted? Rhetoric, Rights, And Markets In Constitutional Analysis, Jonathan Baker
Has The Contract Clause Counter-Revolution Halted? Rhetoric, Rights, And Markets In Constitutional Analysis, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Paying The Price For Vietnam: Post-Traumatic Stress Disorder And Criminal Conduct, Peter Erlinder
Paying The Price For Vietnam: Post-Traumatic Stress Disorder And Criminal Conduct, Peter Erlinder
C. Peter Erlinder
No abstract provided.
The Hidden Constitution: Aboriginal Rights In Canada, Brian Slattery
The Hidden Constitution: Aboriginal Rights In Canada, Brian Slattery
Brian Slattery
This article reviews the constitutional and historical grounds for Aboriginal and treaty rights in Canada and discusses the legal effects of entrenching these rights in the Constitution of Canada in 1982.
Rethinking Standing, Gene R. Nichol Jr.
Substantive Due Process And The Scope Of Constitutional Torts, Michael L. Wells, Thomas A. Eaton
Substantive Due Process And The Scope Of Constitutional Torts, Michael L. Wells, Thomas A. Eaton
Scholarly Works
The thesis of this Article is that both the Supreme Court and its critics have failed to identify and confront the central issue presented by these due process constitutional tort cases. That issue is neither procedural fairness nor the choice between state and federal courts. It is deciding whether a government-inflicted injury to life, liberty, or property violates the substantive protections of the due process clauses and thereby warrants a constitutionally derived tort remedy. In Part II of this Article we examine the Supreme Court's decisions in this area, focusing primarily on Parratt v. Taylor. We demonstrate that neither Parratt …
Rethinking Selective Enforcement In The First Amendment Context, Karl S. Coplan
Rethinking Selective Enforcement In The First Amendment Context, Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications
This Note argues for the use of a balancing-of-interests approach in place of the current two-part test when enforcement policies are challenged on first amendment grounds. The Note begins by explaining the current two-part test and analyzing how it conflicts with other first amendment doctrines. Next, an inquiry into the development of current law reveals that the origins of both the selective prosecution defense and its motive requirement lie in equal protection review of administrative action. These roots suggest a defect in the application of an equal protection test in place of a direct application of the first amendment. The …
U.S. Supreme Court: The 1983-84 Term, Paul C. Giannelli
U.S. Supreme Court: The 1983-84 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
When The Government Taps For Intelligence: Is Denial Of A Claim Of Immunity Immediately Appealable? (Mitchell V. Forsyth), Robert Hayman
When The Government Taps For Intelligence: Is Denial Of A Claim Of Immunity Immediately Appealable? (Mitchell V. Forsyth), Robert Hayman
Robert L. Hayman
No abstract provided.
When Food Stamp Benefits Are Reduced: What Is "Adequate" Notice To Recipients (Atkins V. Parker And Parker V. Block), Robert Hayman
When Food Stamp Benefits Are Reduced: What Is "Adequate" Notice To Recipients (Atkins V. Parker And Parker V. Block), Robert Hayman
Robert L. Hayman
No abstract provided.
No Surrender: Tribal Taxes And Indian Sovereignty In The 1980'S (Kerr-Mcgee Corp. V. Navajo Tribe), Robert Hayman
No Surrender: Tribal Taxes And Indian Sovereignty In The 1980'S (Kerr-Mcgee Corp. V. Navajo Tribe), Robert Hayman
Robert L. Hayman
No abstract provided.