Law Commons^™

California V. Cabazon Band Of Mission Indians, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Constitutional Law, Glenn R. Goodwin, James M. Magee, J. L. Rogers Jr.

South Carolina Law Review

No abstract provided.

Federal Courts, Federal Crimes And Federalism, Roger J. Miner '56

Federalism

No abstract provided.

Role Of Strategic Reasoning In Constitutional Interpretation: In Defense Of The Pathological Perspective, Vincent Blasi

Duke Law Journal

No abstract provided.

Constraints Of Power: The Constitutional Opinions Of Judges Scalia, Bork, Posner, Easterbrook And Winter, James G. Wilson

University of Miami Law Review

No abstract provided.

Why The First Amendment Should Not Be Interpreted From The Pathological Perspective: A Response To Professor Blasi, George C. Christie

Duke Law Journal

No abstract provided.

The Uncertainty Principle In The Supreme Court, Craig M. Bradley

Duke Law Journal

No abstract provided.

The Constitution In The Supreme Court: 1921-1930, David P. Currie

Duke Law Journal

No abstract provided.

Should The U.S. Constitution's Treaty-Making Power Be Used As The Basis For Enactment Of Domestic Legislation-Implications Of The Senate-Approved Genocide Convention, Robert A. Friedlander

Case Western Reserve Journal of International Law

No abstract provided.

First Amendment Restrictions On Title I Programs In Private Schools, Laura Gaston Dooley

Law Faculty Publications

No abstract provided.

Constitutional Adjudication In Costa Rica: A Latin American Model, Robert S. Barker

University of Miami Inter-American Law Review

No abstract provided.

Counterpoint: Additional Views Of Senators Pell, Biden, Sarbanes, Cranston, Mathias, Dodd, Eagleton And Kerry, Views Of Eight Senators

Case Western Reserve Journal of International Law

No abstract provided.

Preemption And The Dormant Commerce Clause: Implications For Federal Indian Law, Stephen Feldman

Stephen M. Feldman

In 1832, the Supreme Court held that states could not extend their laws into Indian country, but over the years the Court has allowed greater and greater state incursions. The Court now recognizes two partial barriers to state power in Indian country: first, any state law that infringes on tribal sovereignty is barred; second, any state law that is preempted by federal law is also barred. Nonetheless, the Court has not clearly identified the sources of constitutional power underlying either of these barriers to state power. This Article argues that each barrier to state power springs from, and should be …

Economic Analysis Of Liberty And Property: A Critique, Peter N. Simon

Publications

No abstract provided.

The Perils Of Panama--Are United States Employees Of The Panama Canal Commission Exempt From United States Income Taxation?, Pamela P. Bond

Vanderbilt Journal of Transnational Law

Since the enactment of the Panama Canal Treaty (the Treaty) on October 1, 1979, United States citizens employed by the Panama Canal Commission have come to the United States federal courts seeking exemption from income taxation. The Commission employees have based their claims on an executive agreement which accompanied the Treaty. Specifically, they have relied on the language found in article XV of the Agreement in Implementation of Article III of the Panama Canal Treaty (the Implementation Agreement).

Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin

Touro Law Review

No abstract provided.

Freedom Of Speech As Therapy, Pierre Schlag

Publications

No abstract provided.

The Exclusionary Rule: A Disputation, Peter Lushing

Articles

No abstract provided.

Washington's Ballot Restriction For Minor Party Candidates: When Is A Primary Not A Primary?, Emily Calhoun

Publications

No abstract provided.

Does Mississippi's System For Financing Public Schools From "School Lands" Violate Federal Law?, Richard B. Collins

Publications

No abstract provided.

The Concept Of Religion In State Constitutions, Kent Greenawalt

Faculty Scholarship

A year and a half ago an article of mine was published on religion as a concept in constitutional law. The article concerned how courts should approach decisions about whether a belief, practice, organization, or classification is religious. The article did not address, except in passing, what the constitutional standards under the free exercise and establishment clauses should be if something that is religious is aided or inhibited in some way. Since in most cases arising under the religion clauses, the presence of something religious is not itself disputed, my article concerned only a small slice of religion cases.

My …

Banning The Bomb: Law And Its Limits, Lori Fisler Damrosch

Faculty Scholarship

We can all agree with the contributors to this volume that nuclear weapons present the threat of unimaginable devastation that could bring an end to civilization and even to life on this planet. The grim calculations and stark images come back again and again, but they cannot be repeated too often: over 50,000 weapons in the United States and Soviet arsenals, each with a destructive force dwarfing the explosions at Hiroshima and Nagasaki; radiation effects producing indescribable suffering and death; environmental damage that defies quantification or prediction; the specter of nuclear winter rendering the earth uninhabitable. No rational being can …