Law Commons^™

Obscenity, Pornography, And The First Amendment Theory, Arnold H. Loewy

William & Mary Bill of Rights Journal

No abstract provided.

The Constitutionality Of Redlining: The Potential For Holding Banks Liable As State Actors, Joan Kane

William & Mary Bill of Rights Journal

No abstract provided.

Three Mistakes About Interpretation, Paul Campos

Michigan Law Review

The single most important word in modem constitutional theory is "interpretation." The single most confusing word in modem constitutional theory is "interpretation." What accounts for this unhappy state of affairs?

I will try to show that Barry Friedman's assertions, as well as others that are but rephrasings of the same basic ideas, are not the common sense truths that so many constitutional theorists assume them to be, but are instead the products of an extraordinarily confused and ultimately incoherent set of assumptions regarding the interpretation of language.

Where To Pray? A Survey Regarding Prayer Rooms In Ab.A Accredited, Religiously Affiliated Law Schools, David L. Gregory

BYU Law Review

No abstract provided.

Triangulating The Boundaries Of The Pentagon Papers, John Cary Sims

William & Mary Bill of Rights Journal

No abstract provided.

The Virginia "Son Of Sam" Law: An Unconsitutional Approach To Victim Compensation, Kerry Casey

William & Mary Bill of Rights Journal

No abstract provided.

The Role Of Public Opinion In Constitutional Interpretation, James G. Wilson

BYU Law Review

No abstract provided.

The Constitution, The Legislature, And Unfair Surprise: Toward A Reliance-Based Approach To The Contract Clause, Robert A. Graham

Michigan Law Review

This Note argues that the Court should return to a reliance-based approach to Contract Clause challenges, fashioned loosely along the same lines as the HRID. Although it does not advocate that the Court revivify the rules created by the early decisions, the Note proposes that the Court look to the private parties' expectations and, more specifically, to the reasonableness of those expectations in deciding the clause's applicability to a particular case. Part I provides a brief history of the Contract Clause and its development. This Part follows the clause from the Constitutional Convention through the 1980s to illustrate the Court's …

Property, Federalism, And Jurisprudence: A Comment On Lucas And Judicial Conservativism, Frank I. Michelman

William & Mary Law Review

No abstract provided.

Culture And The Canadian Constitution, Patrick J. Monahan

Osgoode Hall Law Journal

This article examines the current division of powers over cultural matters in the Canadian Constitution and the manner in which the 1992 Charlottetown Accord would have altered that distribution. During the debate over the Charlottetown Accord, it was argued by the federal government and the provinces that the Constitution allocates primary legislative responsibility over cultural matters to the provinces. Therefore, the cultural amendments in the Accord which would have recognized the provinces' exclusive jurisdiction to make laws in relation to culture were justified on the basis that they merely codified the status quo. This paper challenges the belief that the …

The Advocacy Of "Constitutional" Conduct, Marshall C. Derks

Indiana Law Journal

No abstract provided.

It's About Time: Unravelling Standing And Equitable Ripeness, Laura E. Little

Buffalo Law Review

No abstract provided.

Article Ii Revisionism, Cass R. Sunstein

Michigan Law Review

One of the most striking developments of the last decade has been the new use of Article II in public law adjudication. Article II is a prominent feature not only of cases involving the creation of federal institutions that are independent of the President, but also of new disputes involving reviewability, scope of review, and standing.

Professor Krent and Mr. Shenkman have performed a valuable service in spelling out the argument that Article II, rather than Article III, justifies constitutional limits on legislative grants of standing. Indeed, on several important matters, we are very much in agreement. In this brief …

Predatory Governmental Zoning Practices And The Supreme Court's New Takings Clause Formulation: Timing, Value, And R.Lb.E., William C. Leigh, Bruce W. Burton

BYU Law Review

No abstract provided.

Rationing Firearms Purchases And The Right To Keep Arms: Reflections On The Bills Of Rights Of Virginia, West Virginia, And The United States, Stephen P. Halbrook

West Virginia Law Review

No abstract provided.

Is There A Law Of Federal Courts, Gene R. Nichol

West Virginia Law Review

No abstract provided.

Taxation, Equal Protection, And Inquiry Into The Purpose Of A Law: Nordlinger V. Hahn And Allegheny Pittsburgh Coal Co. V. County Commission, Michael D. Rawlins

BYU Law Review

No abstract provided.

Planned Parenthood V. Clark County School District: "Having Your Cake And Eating It Too" In Public School Free Speech Cases, Curtis Anderson

BYU Law Review

No abstract provided.

Continuing Criminal Enterprise, Conspiracy, And The Multiple Punishment Doctrine, Kenneth G. Schuler

Michigan Law Review

This Note argues that the Multiple Punishment Doctrine prohibits the imposition of concurrent convictions and sentences upon criminal defendants found guilty of engaging in a CCE and conspiring to violate narcotics laws. Part I surveys the values underlying the Multiple Punishment Doctrine and traces the evolution of the Supreme Court's application of the doctrine to modern criminal law. Part II examines the various methods employed by the circuit courts of appeals to deal with simultaneous convictions and sentences for CCE and conspiracy. Part III reviews the test, identified in Part I, that the Supreme Court has implicitly utilized to analyze …

The New First Amendment And Its Impact On The Second, Daniel O. Conkle

Indiana Law Journal

No abstract provided.

Constitutional Law—Striking A Needed Balance Between The Rights Of Publishers And The Interests Of The Public. Braun V. Soldier Of Fortune Magazine, Inc., 968 F.2d 1110 (11th Cir. 1992)., John Peel

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Criminal Law, Peggy Natale

Mercer Law Review

This year, the Eleventh Circuit issued opinions on a variety of criminal constitutional law cases, including decisions granting writs of habeas corpus on several death row inmates, and in three cases addressing ineffective assistance of counsel. What follows is a summary of some of the most important criminal constitutional cases for 1992. No effort has been made to make an exhaustive review of. all of the court's criminal cases for the year.

Constitutional Civil Law, Albert Sidney Johnson, Susan Cole Mullis

Mercer Law Review

During the 1992 survey period, the most noticeable aspect of the constitutional civil law jurisprudence of the United States Court of Appeals for the Eleventh Circuit was the large body of circuit jurisprudence concerning the First Amendment, both in the context of ballot access and the rights of public employees. The Eleventh Circuit also issued several opinions on constitutionalized procedural issues such as standing, abstention, preclusion, and ripeness. The court's receptiveness to these preliminary defenses provides an opportunity for government defendants to avoid litigation on the merits in appropriate cases.

Once again, the circuit's qualified immunity opinions illustrate the continuing …

Cooper V. Dupnik: Civil Liability For Unconstitutional Interrogations, Julie E. Hawkins

Washington and Lee Law Review

No abstract provided.

Legitimating Death, Louis D. Bilionis

Michigan Law Review

This article arrives at the surprising conclusion that a meaningful Eighth Amendment death penalty jurisprudence lives on, that it is a quite intelligible jurisprudence, and that it is driven by a coherent methodology with firm roots in the traditions of constitutional adjudication.

To reach that conclusion, it is helpful first to have some sense of what the Supreme Court has been doing in the death penalty area lately. Part I thus presents a topical review of the Court's recent work, identifying the themes that now dominate, pointing out the concerns those themes raise, and asking whether any sense can be …

Of Citizen Suits And Citizen Sunstein, Harold J. Krent, Ethan G. Shenkman

Michigan Law Review

After briefly summarizing Lujan and addressing Sunstein's critique, we explore the concept of accountability underlying the creation of a single executive in Article II. We then apply our theory of the unitary executive to several examples of broad grants of statutory standing, concluding that Congress can confer standing on private citizens only if it specifically articulates and individuates the interests whose violation gives rise to a cognizable case. Although we agree with Sunstein's view that broad grants of statutory standing do not necessarily trench upon constitutional values, we ultimately side with Justice Scalia in concluding that universal citizen standing, as …

The Third Amendment: Forgotten But Not Gone, Tom W. Bell

William & Mary Bill of Rights Journal

No abstract provided.

Canadian Discord Over The Charlottetown Accord: The Constitutional War To Win Quebec, Jeffrey J. Cole

Penn State International Law Review

No abstract provided.

Where They're Calling From: Cultural Roots Of Rap, Jimmie L. Briggs Jr.

William & Mary Bill of Rights Journal

No abstract provided.

Content Restrictions And National Endowment For The Arts Funding: An Analysis From The Artist's Perspective, Courtney Randolph Nea

William & Mary Bill of Rights Journal

No abstract provided.