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Articles 1 - 5 of 5

Full-Text Articles in Law

Interpreting An Unwritten Constitution, Ronald D. Rotunda Jan 1989

Interpreting An Unwritten Constitution, Ronald D. Rotunda

Law Faculty Articles and Research

No abstract provided.


Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman Jan 1989

Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman

Touro Law Review

No abstract provided.


Freedom Of Expression: Is It All Just Talk?, A. Wayne Mackay Jan 1989

Freedom Of Expression: Is It All Just Talk?, A. Wayne Mackay

Articles, Book Chapters, & Popular Press

In this article Wayne MacKay argues that effective interpretation of section 2 of the Charter of Rights and Freedoms requires the weighing of real world impacts beyond the traditional liberal parameter of judicial decisions. The usual judicial unwillingness to acknowledge "freedoms" as opposed to "rights" limits governmental legal action while not recognizing political and economic barriers to freedom of expression. The trend toward limiting protected expression both at the definitional stage and through section 1 reasonable limits reflects this cautious approach.This article examines who the early beneficiaries of freedom of expression have been: those affected by criminal sanctions and those …


Remarks: Clerks Of Judge Luther A. Wilgarten, Jr., Roger J. Miner '56 Jan 1989

Remarks: Clerks Of Judge Luther A. Wilgarten, Jr., Roger J. Miner '56

Judges

No abstract provided.


The Judge And The Academic Community, Kenneth F. Ripple Jan 1989

The Judge And The Academic Community, Kenneth F. Ripple

Journal Articles

In the inaugural essay of this series, Judge Coffin described this unique effort of the editors of the Ohio State Law Journal as an opportunity for judges to engage in "reflective self-examination" in a time of "remorselessly increasing pressures" on the judicial way of life as it has existed since the founding of the Republic. When any institution—public or private—is experiencing great stress and, consequently, is in danger of undergoing cataclysmic change, the quality of its relationships with the other institutions with which it regularly interacts can determine its ability to deal effectively with the pressures. If those other institutions …