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Articles 1 - 30 of 248
Full-Text Articles in Law
Judicial Election Questions Left Unanswered By Justices, Bruce Ledewitz
Judicial Election Questions Left Unanswered By Justices, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Takings, Narratives, And Power, Gregory S. Alexander
Takings, Narratives, And Power, Gregory S. Alexander
Cornell Law Faculty Publications
"The Regulatory Takings Problem" is the title given to a story, or narrative, that has become prominent in the literature on just compensation issues. The story is one of power and fear. It is about a perceived imbalance of power between the two groups of actors involved in the process of public land-use regulation--private landowners and government regulators. It depicts scenarios of past or threatened abuse of power by local land-use regulators, and it looks to the takings clause generally and regulatory takings doctrine specifically as crucial corrective devices, essential to set the power imbalance aright. The dominant narrative describes …
Habeas Corpus Committee - Memoranda, Lewis F. Powell Jr.
Habeas Corpus Committee - Memoranda, Lewis F. Powell Jr.
Habeas Corpus Committee
No abstract provided.
Habeas Corpus Committee - Memoranda, Lewis F. Powell Jr.
Habeas Corpus Committee - Memoranda, Lewis F. Powell Jr.
Habeas Corpus Committee
No abstract provided.
Michigan V. Chesternut And Investigative Pursuits: Is There No End To The War Between The Constitution And Common Sense?, Rachel A. Van Cleave
Michigan V. Chesternut And Investigative Pursuits: Is There No End To The War Between The Constitution And Common Sense?, Rachel A. Van Cleave
Publications
Section I of this Comment examines Terry v. Ohio, in which the Supreme Court decided that certain on-the-street encounters between police officers and citizens come within fourth amendment scrutiny. Section II traces the development of standards for determining when a seizure has occurred, that is, when a reasonable person would believe he was not "at liberty to ignore the police presence and go about his business."' In section III, this Comment argues that, when the police chase a citizen, their conduct constitutes a seizure because the citizen is aware of the police's attempt to apprehend him and is therefore …
Citizenship, Race, And Marginality, Kenneth L. Karst
Citizenship, Race, And Marginality, Kenneth L. Karst
William & Mary Law Review
No abstract provided.
Chief Justice Marshall, Justice Holmes, And The Discourse Of Constitutional Adjudication, G. Edward White
Chief Justice Marshall, Justice Holmes, And The Discourse Of Constitutional Adjudication, G. Edward White
William & Mary Law Review
No abstract provided.
Approaching The Constitution, Don Herzog
Approaching The Constitution, Don Herzog
Reviews
These are sumptuously produced, oversized volumes: one pictures them, as I suspect some shrewd accountant at the press did, decorating the shelves of lawyers' offices. Their pages are crammed full of primary texts, two columns on each page, in an alarmingly small but somehow readable typeface. Some texts are bare snippets; others wind on luxuriantly for many pages. The editors have set a cutoff point: no text from after 1835 appears. Like much else about these volumes, that decision reflects a set of theoretical commitments about the Constitution that I want to question. Not that these volumes are explicitly cast …
Preemption: Breathing New Life Into An Old Giant, Gary V. Weeks
Preemption: Breathing New Life Into An Old Giant, Gary V. Weeks
University of Arkansas at Little Rock Law Review
No abstract provided.
Free Speech And Freedom From Speech: Hustler Magazine V. Falwell, The New York Times Actual Malice Standard And Intentional Infliction Of Emotional Distress, Boyd C. Farnham
Indiana Law Journal
No abstract provided.
Changing The Constitutional Jurisdiction Of The Indiana Supreme Court: Letting A Court Of Last Resort Act Like One, Randall T. Shepard
Changing The Constitutional Jurisdiction Of The Indiana Supreme Court: Letting A Court Of Last Resort Act Like One, Randall T. Shepard
Indiana Law Journal
No abstract provided.
Discrimination And Its Justification: Coping With Equality Rights Under The Charter, Richard Moon
Discrimination And Its Justification: Coping With Equality Rights Under The Charter, Richard Moon
Osgoode Hall Law Journal
The article examines and appraises conventional methods of interpreting the section 15 equality rights including a comparison of equality rights under the American Constitution. It determines that the most suitable interpretation is one which prohibits "constructive discrimination." Further, the analysis of section 15 finds a built-in limitation - the right against invidious discrimination - making recourse to section 1 unnecessary. But review of constructive discrimination and its justification is constrained by the adjudicative model and the state action doctrine. In the final analysis, the article challenges us to rethink our classic liberal conceptions of equality by looking less at invidious …
Constitutional Law—Freedom Of Speech—Ban On Picketing In Front Of Individual Residence Does Not Violate First Amendment., E. Gregory Wallace
Constitutional Law—Freedom Of Speech—Ban On Picketing In Front Of Individual Residence Does Not Violate First Amendment., E. Gregory Wallace
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Jury Selection—Restrictions On Peremptory Challenge Extended To Civil Cases., Mark Alan Peoples
Constitutional Law—Jury Selection—Restrictions On Peremptory Challenge Extended To Civil Cases., Mark Alan Peoples
University of Arkansas at Little Rock Law Review
No abstract provided.
Is "Internal Consistency" Foolish?: Reflections On An Emerging Commerce Clause Restraint On State Taxation, Walter Hellerstein
Is "Internal Consistency" Foolish?: Reflections On An Emerging Commerce Clause Restraint On State Taxation, Walter Hellerstein
Scholarly Works
Before 1983, the Supreme Court had never uttered the phrase "internal consistency" in a state tax opinion. Since 1983, however, the Court has invoked the principle of "internal consistency" on four separate occasions in adjudicating the validity of state taxes under the commerce clause. Indeed, by 1987, the Court could refer almost casually to the "internal consistency" criterion as "the test ... we have applied in other contexts." The Court's talk of "internal consistency" cannot be dismissed as mere rhetoric. Three of the four taxes that have been put to the "internal consistency" test have flunked it; cases approving taxes …
Constitutional Law (Kempo), Jutta Brunnée
Constitutional Law (Kempo), Jutta Brunnée
Dalhousie Law Journal
In 1976 Carl Heymanns Verlag published the first volume of a series on Japanese law. A recent addition to this collection covering areas as diverse as civil and criminal procedure, labor law, nuclear energy law, and international law, is Miyazawa Toshiyoshi's (1899-1976) book on constitutional law. With this German translation, Robert Heuser and Yamasaki Kazuaki provide their readers with the first systematical overview on Japanese constitutional law in a western language.
Is "Internal Consistency" Foolish?: Reflections On An Emerging Commerce Clause Restraint On State Taxation, Walter Hellerstein
Is "Internal Consistency" Foolish?: Reflections On An Emerging Commerce Clause Restraint On State Taxation, Walter Hellerstein
Michigan Law Review
Whatever role "internal consistency" may come to play in the Court's commerce clause jurisprudence, it has already emerged as a doctrine that warrants our attention. This article traces the development of the doctrine, explores its implications, and considers its defensibility as a limitation on state taxing power. The article suggests that the results the Court reaches under the "internal consistency" doctrine could be reached by rigorous application of a more familiar commerce clause principle - one to which the Court has been less than faithful.
Pro-Lifers Should Appeal To Constitution's Heart, Bruce Ledewitz
Pro-Lifers Should Appeal To Constitution's Heart, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence, Bruce Ledewitz
Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The First Amendment And National Security, Floyd Abrams, Henry Mark Holzer, Don Oberdorfer, Richard K. Willard
The First Amendment And National Security, Floyd Abrams, Henry Mark Holzer, Don Oberdorfer, Richard K. Willard
University of Miami Law Review
No abstract provided.
Habeas Corpus Committee - Memoranda, Lewis F. Powell Jr.
Habeas Corpus Committee - Memoranda, Lewis F. Powell Jr.
Habeas Corpus Committee
No abstract provided.
Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence,, Bruce Ledewitz
Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence,, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”
Do We Have An Imperial Congress?, John Norton Moore
Do We Have An Imperial Congress?, John Norton Moore
University of Miami Law Review
No abstract provided.
The Role Of Intelligence In A Free Society, William H. Webster
The Role Of Intelligence In A Free Society, William H. Webster
University of Miami Law Review
No abstract provided.
The Treaty Power, Harold Hongju Koh, John Nowak, Grover Joseph Rees, Abraham D. Sofaer
The Treaty Power, Harold Hongju Koh, John Nowak, Grover Joseph Rees, Abraham D. Sofaer
University of Miami Law Review
No abstract provided.
What The Constitution Means By Executive Power, Charles J. Cooper, Orrin Hatch, Eugene V, Rostow, Michael Tigar
What The Constitution Means By Executive Power, Charles J. Cooper, Orrin Hatch, Eugene V, Rostow, Michael Tigar
University of Miami Law Review
No abstract provided.
The Virtues And Vices Of Democracy In Conducting Foreign Affairs, Godfrey Hodgson, Irving Kristol, Gordon Tullock
The Virtues And Vices Of Democracy In Conducting Foreign Affairs, Godfrey Hodgson, Irving Kristol, Gordon Tullock
University of Miami Law Review
No abstract provided.
Forging A Bipartisan And Strategic Approach To Foreign Affairs, Zbigniew Brzezinski
Forging A Bipartisan And Strategic Approach To Foreign Affairs, Zbigniew Brzezinski
University of Miami Law Review
No abstract provided.
The President's Powers As Commander-In-Chief Versus Congress' War Power And Appropriations Power, Charles Bennett, Arthur B. Culvahouse Jr., Geoffrey P. Miller, William Bradford Reynolds, William Van Alstyne
The President's Powers As Commander-In-Chief Versus Congress' War Power And Appropriations Power, Charles Bennett, Arthur B. Culvahouse Jr., Geoffrey P. Miller, William Bradford Reynolds, William Van Alstyne
University of Miami Law Review
No abstract provided.
The Congress: Friend Or Foe In Foreign Policy?, Richard Perle
The Congress: Friend Or Foe In Foreign Policy?, Richard Perle
University of Miami Law Review
No abstract provided.