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Articles 1 - 30 of 258
Full-Text Articles in Law
On Taking Substituted Judgment Seriously, Charles Baron
On Taking Substituted Judgment Seriously, Charles Baron
Charles H. Baron
No abstract provided.
[Letter To Kenneth Starr, Solicitor General, On Ayers V. Allain], J. Clay Smith Jr.
[Letter To Kenneth Starr, Solicitor General, On Ayers V. Allain], J. Clay Smith Jr.
Selected Speeches
No abstract provided.
Rule 11 And Civil Rights Lawyers Comments Of National Bar Association In Response To The Call For Comments Issued By The Advisory Committee On The Civil Rules Judicial Conference Of The United States, J. Clay Smith Jr.
Selected Speeches
No abstract provided.
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Faculty Scholarship
This Essay is an effort to construct a normative basis for a constitutional theory to resist the Supreme Court's recent decision in DeShaney v. Winnebago County Department of Social Services.1 In DeShaney, the Court decided that a local social service worker's failure to prevent child abuse did not violate the due process clause of the fourteenth amendment even though the social worker "had reason to believe" the abuse was occurring. 2 Chief Justice Rehnquist's opinion for the Court held that government inaction cannot violate due process unless the state has custody of the victim, 3 thus settling a controversial …
Handguns As Products Unreasonably Dangerous Per Se, Andrew Jay Mcclurg
Handguns As Products Unreasonably Dangerous Per Se, Andrew Jay Mcclurg
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Prisoners' Rights—Prison Regulation Denying Inmate The Right To Artificially Inseminate Wife Held Constitutional. Goodwin V. Turner, 908 F.2d 1395 (8th Cir. 1990)., Todd M. Turner
University of Arkansas at Little Rock Law Review
No abstract provided.
Levels Of Generality In The Definition Of Rights, Laurence H. Tribe, Michael C. Dorf
Levels Of Generality In The Definition Of Rights, Laurence H. Tribe, Michael C. Dorf
Cornell Law Faculty Publications
This article focuses on one important aspect of the quest for constitutional meaning: how to determine whether a particular liberty-whether or not expressly enumerated in the Bill of Rights-is a "fundamental" right. Whether under the somewhat tarnished banner of substantive due process or under a different rubric, the designation of a right as fundamental requires that the state offer a compelling justification for limitations of that right. In addition, under the Equal Protection Clause of the Fourteenth Amendment, state-sanctioned inequalities that bear upon the exercise of a fundamental right will be upheld only if they serve a compelling governmental interest. …
Beyond Mergens: Balancing A Student's Free Speech Right Against The Establishment Clause In Public High School Equal Access Cases, D. Jarrett Arp
Beyond Mergens: Balancing A Student's Free Speech Right Against The Establishment Clause In Public High School Equal Access Cases, D. Jarrett Arp
William & Mary Law Review
No abstract provided.
Ties That Bind?: The Supreme Court Of Canada, American Jurisprudence, And The Revision Of Canadian Criminal Law Under The Charter, Robert Harvie, Hamar Foster
Ties That Bind?: The Supreme Court Of Canada, American Jurisprudence, And The Revision Of Canadian Criminal Law Under The Charter, Robert Harvie, Hamar Foster
Osgoode Hall Law Journal
Chief Justice Dickson has suggested that Canadian jurists should consult American authority in Charter cases, but with care. The authors look at how the Court has followed this advice in its own criminal decisions rendered prior to March 1989, in which American authority is cited in less than 50 percent of the cases. The authors conclude that, in some significant areas, the Court has interpreted the interests of the accused more broadly than the American Supreme Court does and has on occasion done so without citing divergent U.S. precedent. The effect of sections 1 and 24(2) of the Charter on …
Interpreting The Charter Of Rights: Generosity And Justification, Peter W. Hogg
Interpreting The Charter Of Rights: Generosity And Justification, Peter W. Hogg
Osgoode Hall Law Journal
The author argues that there is a close relationship between the scope of the rights guaranteed by the Charter and the standard of justification required under section 1. The broader the scope of a right, the more relaxed the standard of justification must be. A generous interpretation of a right is incompatible with the stringent Oakes standard of justification. However, a purposive interpretation of a right, confining the right to conduct that is worthy of constitutional protection, is compatible with a stringent standard of justification.
Remarks Made At The Second Circuit Judicial Conference, September 8, 1989, Thurgood Marshall
Remarks Made At The Second Circuit Judicial Conference, September 8, 1989, Thurgood Marshall
Trotter Review
For many years, no institution of American government has been as close a friend to civil rights as the United States Supreme Court. Make no mistake: I do not mean for a moment to denigrate the quite considerable contributions to the enhancement of civil rights by presidents, the Congress, other federal courts, and the legislatures and judiciaries of many states. It is now 1989, however, and we must recognize that the Court's approach to civil rights cases has changed markedly. The most recent Supreme Court opinions vividly illustrate this changed judicial attitude. In Richmond v. Croson, the Court took …
Eliminating Distinctions Between Commercial And Political Speech: Replacing Regulation With Government Counterspeech
Washington and Lee Law Review
No abstract provided.
Facing God Or The Government-United States V. Aguilar: A Big Step For Big Brother
Facing God Or The Government-United States V. Aguilar: A Big Step For Big Brother
BYU Law Review
No abstract provided.
The Eleventh Amendment's Clear Statement Test After Dellmuth V. Muth And Pennsylvania V. Union Gas Co., Robert T. Smith
The Eleventh Amendment's Clear Statement Test After Dellmuth V. Muth And Pennsylvania V. Union Gas Co., Robert T. Smith
BYU Law Review
No abstract provided.
The War On Drugs And Denominational Preferences: Farewell To Strict Scrutiny Analysis, Jeffrey T. Lawrence
The War On Drugs And Denominational Preferences: Farewell To Strict Scrutiny Analysis, Jeffrey T. Lawrence
BYU Law Review
No abstract provided.
On Taking Substituted Judgment Seriously, Charles Baron
On Taking Substituted Judgment Seriously, Charles Baron
Charles H. Baron
No abstract provided.
The Case Of The Amorous Defendant: Criticizing Absolute Stare Decisis For Statutory Cases, William N. Eskridge Jr.
The Case Of The Amorous Defendant: Criticizing Absolute Stare Decisis For Statutory Cases, William N. Eskridge Jr.
Michigan Law Review
Earlier in this the first year of the new millennium, Professor Larry Marshall was appointed Chief Justice of the United States. The first important case coming before the Marshall Court involved the government's prosecution of Frankly Amorous under the White Slave Traffic Act of June 25, 1910 (the Mann Act), as amended. Defendant Amorous was a law student in Virginia who paid for the airplane ticket of his female lover to travel from North Carolina to Virginia for the admitted purpose of having extramarital sexual relations. The U.S. Attorney prosecuted Amorous for violating the Mann Act, which criminalizes the knowing …
Contempt Of Congress: A Reply To The Critics Of An Absolute Rule Of Statutory Stare Decisis, Lawrence C. Marshall
Contempt Of Congress: A Reply To The Critics Of An Absolute Rule Of Statutory Stare Decisis, Lawrence C. Marshall
Michigan Law Review
In the law school tradition of "suspending belief," Professor Eskridge has created a hypothetical in which I, in my first case as Chief Justice of the United States, must decide whether to adhere to various antiquated and seemingly erroneous precedents interpreting the Mann Act. Eskridge assumes that I will feel compelled to adhere to these decisions, for to do otherwise, he contends, would force me to abandon the proposal for an absolute rule of statutory stare decisis that I advanced recently in this Law Review. Eskridge then offers a variety of critiques of my thesis, coming from perspectives as diverse …
Making Sense Of Billboard Law: Justifying Prohibitions And Exemptions, R. Douglass Bond
Making Sense Of Billboard Law: Justifying Prohibitions And Exemptions, R. Douglass Bond
Michigan Law Review
Part I of this Note surveys the trends in the aesthetic regulation of billboards, culminating in the Supreme Court of California's decision in Metromedia, Inc. v. City of San Diego, and the Supreme Court's review of that decision. Part II analyzes the five Metromedia opinions in order to present properly the contemporary debate over billboard law. It inquires whether a sign prohibition should hinge on the commercial or noncommercial status of the targeted signs. Part III indicates how ambiguities in the Metromedia plurality opinion have produced the conflict in lower courts between the commercial/noncommercial distinction and the onsite/ off …
The Negative Constitution: A Critique, Susan Bandes
The Negative Constitution: A Critique, Susan Bandes
Michigan Law Review
Part I describes the current approach, which demands adherence to the notion of a negative constitution. Part II critiques the assumptions underlying the current approach and demonstrates its undesirable consequences in decisional law. Part III explores the tenacious barriers to recognition of affirmative governmental duties: the constitutional, philosophical, and common law roots of the notion of a negative constitution, as well as the belief that recognizing affirmative duties would be an invitation to chaos. Finally, Part IV proposes discarding the rhetoric of negative rights and suggests an approach for constructing a theory better designed to effectuate constitutional goals.
Cross Cultural Reflections: Teaching The Charter To Americans, Jamie Cameron
Cross Cultural Reflections: Teaching The Charter To Americans, Jamie Cameron
Osgoode Hall Law Journal
In this article, the author discusses a course in Comparative Constitutional Jurisprudence that she taught at Cornell Law School in the winter semester of 1989. She is particularly interested in the way this class of American students responded to the Supreme Court of Canada's interpretation of the Charter. She presents her reflections on differences between Canadian and American constitutional culture through a discussion of the decisions in The Motor Vehicle Reference, R. v. Morgentaler, and The French Language Case.
Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla
Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla
Faculty Publications
No abstract provided.
Academic Freedom: A Bibliography, Janet Sinder
Academic Freedom: A Bibliography, Janet Sinder
Faculty Scholarship
No abstract provided.
Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla
Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla
Scholarly Articles
Not available.
Resolving Retroactivity After: Teague V. Lane, Ellen E. Boshkoff
Resolving Retroactivity After: Teague V. Lane, Ellen E. Boshkoff
Indiana Law Journal
No abstract provided.
In Search Of A Fourth Amendment For The Twenty-First Century, Lewis R. Katz
In Search Of A Fourth Amendment For The Twenty-First Century, Lewis R. Katz
Indiana Law Journal
No abstract provided.
Substantive Due Process Analysis And The Lockean Liberal Tradition: Rethinking The Modern Privacy Cases, Jeffrey S. Koehlinger
Substantive Due Process Analysis And The Lockean Liberal Tradition: Rethinking The Modern Privacy Cases, Jeffrey S. Koehlinger
Indiana Law Journal
No abstract provided.
The Contractual Liability Of The Crown And Its Agents, Sue Arrowsmith
The Contractual Liability Of The Crown And Its Agents, Sue Arrowsmith
Osgoode Hall Law Journal
This article considers the question of the capacity in which Crown agents enter into contracts - whether on behalf of the Crown or in an independent capacity - and examines the significance of this for questions such as the application of Crown immunities. It is argued that the courts' attempt to deal with these questions through the recognition of a dual capacity in Crown agents and the application of the private law of agency is highly unsatisfactory, and it is suggested that this area well illustrates the pressing need to reconsider the dual legal status of the administration.
Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.
Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.
Habeas Corpus Committee
No abstract provided.
The Self-Incrimination Debate, Mark Berger