Law Commons^™

Another View: Our Magnificent Constitution, William B. Reynolds

Vanderbilt Law Review

Let me start with the observation that I regard myself to be most privileged to be a public servant at a time when we celebrate the 200th anniversary of the Constitution a magnificent document that has, in my view, no equal in history and every reason to be feted. It is by now no revelation that the Framers would be aghast at the size and reach of government today; but they would also be enormously proud of how much of their legacy has endured. The vitality of the original Constitution, and its various amendments, is reflected by its ability to …

The Coercion Test And Conditional Federal Grants To The States, Donald J. Mizerk

Vanderbilt Law Review

In July of 1984 Congress amended the Surface Transportation Assistance Act of 1982' to require the states either to raise their minimum drinking age to twenty-one or forfeit a percentage of their federal highway grant. This congressional action forced the states to make an extremely difficult decision. The states either could enact a law that their residents might not support or forego the federal highway funds that the states desperately needed to complete important highway improvements. Many states were displeased with both options and challenged the constitutionality of Congress' conditional spending program.

The states' legal challenge has initiated renewed discussion …

A Case Of Treasonous Interpretation, W. T. Brotherton Jr.

West Virginia Law Review

No abstract provided.

The Right Of Revolution: The Development Of The People's Right To Reform Government, Phillip B. Scott

West Virginia Law Review

No abstract provided.

Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol

West Virginia Law Review

Over the course of the past decade, the West Virginia Supreme Court of Appeals has become something of a controversial institution. Allegedly seeking to "mold state government in its own image,"' the court has issued decisions restructuring the state property tax assessment and appraisal scheme, overseeing the funding of public education, invalidating a gubernatorial veto, expanding tort claims beyond the umbrella of workers compensation, and ordering emergency care for the homeless. As a result, the high court has, perhaps deservedly, "attained a reputation for dramatic intervention in public policy disputes.” As individual exercises of judicial authority, the court's determinations have …

The Dormant Commerce Clause And The Constitutional Balance Of Federalism, Martin H. Redish, Shane V. Nugent

Duke Law Journal

Through the passage of time, the dormant commerce clause doctrine has acquired a patina of legitimacy; the doctrine frequently is used by the judiciary to overturn state regulation of commerce. Professor Martin Redish and Shane Nugent argue that time alone cannot legitimize such actions by the courts, and that the Constitution provides no textual basis for the exercise of this authority. Moreover, they contend that the doctrine actually undermines the carefully structured federal balance embodied in the text. They further argue that nontextual rationales are flawed, and that jurisprudence based on the text of the Constitution can deal adequately with …

Michigan V. Long: The Inadequacies Of Independent And Adequate State Grounds, Patricia Fahlbusch, Daniel Gonzalez

University of Miami Law Review

No abstract provided.

The Role Of Original Intent In Reading A Two Hundred Year Old Constitution, Darrell V. Mcgraw Jr., Elizabeth L. Crittenden

West Virginia Law Review

No abstract provided.

The New Federalism In West Virginia, Thomas B. Miller

West Virginia Law Review

No abstract provided.

In Celebration Of Constitutional Kindness: Soft Symbolism In A Hard Shell, James Audley Mclaughlin

West Virginia Law Review

The bicentennial of any constitution is surely an invitation to much sententious rhetoric. But the bicentennial of THE Constitution, The American Constitution of 1787, is an occasion for oratorical pyrotechnics of the first magnitude. So I shall make my brief tribute to note the importance of the Constitution as symbol - symbol of our national resolve to be a good society. Constitutions, in general, have two distinct functions: (1) As the outward sign and symbol of a society's fundamental commitment to social values and (2) perhaps more mundanely, as the framework for a political order. Our Constitution of 1787 (or …

Procedural Due Process: The Original Understanding, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Substance Process And Outcome In Constitutional Theory , David Lyons

Cornell Law Review

No abstract provided.

Substance, Process And Outcome In Constitutional Theory, David B. Lyons

Faculty Scholarship

Scholarship in philosophy proceeds at a slower pace than in the law. As Tom Lehrer, the poet laureate of a recent generation, might have said, the law biz travels on a faster track. Or so it seems to a philosopher who has recently been treading the tracks of constitutional lawyers.

And so it is with apprehension that I take as my text a book that was published as long ago as 1980. As the title of this lecture might suggest to someone with so long a memory, the book is John Hart Ely's Democracy and Distrust.' That work provoked an …

Constitutional Law And Constitutional History, Lewis H. Larue

Scholarly Articles

Not available.

The American Constitution: A Double Life, Lawrence M. Friedman

University of Arkansas at Little Rock Law Review

No abstract provided.

Taking Libel Reform Seriously, Rodney A. Smolla

Scholarly Articles

Not available.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Neither Private Refugee Assistance Agency Nor its Members have Standing to Contest U.S. Interdiction of Foreign Vessels on High Seas Carrying Undocumented Aliens Haitian Refugee Center v. Gracey, No. 85-5258, slip op. (D.C. Cir. Jan. 9, 1987).

Separation of Citizen Children from Illegal Alien Parents Should be Considered when Determining Extreme Hardship Deportation Proceedings -Cerillo-Perez v. INS, 55 U.S.L.W.2457 (9th Cir. 1987).

California State Court's Exercise of Personal Jurisdiction over Japanese Manufacturer to Indemnify Taiwanese Company is Unreasonable and Unfair in Violation of Due Process. Asahi Metal Industry Co. v. Superior Court of California, 107 S. Ct.1026 (1987).

Nondiscriminatory Ad …

Recent Decision, Barbara K. Caldwell

Vanderbilt Journal of Transnational Law

CONSTITUTIONAL LAW--Commerce Clause--State Taxation of Aviation Fuel Used Exclusively in Foreign Commerce is Not Preempted by the Federal Aviation Act and is Not Invalid Under the Japan Line Doctrine of the Foreign Commerce Clause. "Wardair Canada, Inc. v. Florida Department of Revenue", 106 S. Ct. 2369 (1986).

Extending The Self-Incrimination Clause To Persons In Fear Of Foreign Prosecution, Bret A. Fausett

Vanderbilt Journal of Transnational Law

This Note will examine the rationale, policies, and history behind the self-incrimination clause and will demonstrate the privilege's importance as an individual right and as a check on police power. Only by exploring the purposes and policies behind the privilege--an approach condoned by the Supreme Court--is one able to formulate the best answer to whether the self-incrimination clause extends to persons in fear of foreign prosecution. An understanding of what the privilege is supposed to protect will lead to a better understanding of the scope of this important constitutional guarantee. This Note will then focus on recent cases in which …

Berns: Comment On Rowan, Walter Berns

Maryland Law Review

No abstract provided.

After The Imperial Presidency: Introduction By Whitman H. Ridgway, Whitman H. Ridgway

Maryland Law Review

No abstract provided.

Greene: Comment On Schlesinger, Linda S. Greene

Maryland Law Review

No abstract provided.

Ceaser: Comment On Schlesinger, James W. Ceaser

Maryland Law Review

No abstract provided.

The Role Of The Supreme Court: Judicial Activism Or Self-Restraint?, Archibald Cox

Maryland Law Review

No abstract provided.

Morgan: Comment On Cox, Richard E. Morgan

Maryland Law Review

No abstract provided.

Millemann: Comment On Cox, Michael A. Millemann

Maryland Law Review

No abstract provided.

Brubaker: Comment On Cox, Stanley C. Brubaker

Maryland Law Review

No abstract provided.

Original Intent And The Constitution: Introduction By Whitman H. Ridgway, Whitman H. Ridgway

Maryland Law Review

No abstract provided.

Ordered Liberty: The Original Intent Of The Constitution, Charles Mcc. Mathias Jr.

Maryland Law Review

No abstract provided.

Schwartz: Comment On Mathias, Herman Schwartz

Maryland Law Review

No abstract provided.