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1993

Constitutional law

Discipline
Institution
Publication
Publication Type

Articles 1 - 30 of 53

Full-Text Articles in Law

Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen Nov 1993

Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen

Cornell Law Review

No abstract provided.


The “Proper” Scope Of Federal Power: A Jurisdictional Interpretation Of The Sweeping Clause, Gary Lawson, Patricia B. Granger Nov 1993

The “Proper” Scope Of Federal Power: A Jurisdictional Interpretation Of The Sweeping Clause, Gary Lawson, Patricia B. Granger

Duke Law Journal

No abstract provided.


Looking Back, Looking Ahead: Justice O’Connor, Ideology, And The Advice And Consent Process, Lisa R. Graves Oct 1993

Looking Back, Looking Ahead: Justice O’Connor, Ideology, And The Advice And Consent Process, Lisa R. Graves

Cornell Journal of Law and Public Policy

No abstract provided.


Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen J. Wermiel Oct 1993

Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen J. Wermiel

Law and Contemporary Problems

The confirmation process for Supreme Court justices is examined as a form of indirect constitutional interpretation by the Senate. Recent confirmation struggles are used as examples.


Disagreement And Interpretation, Robert F. Nagel Oct 1993

Disagreement And Interpretation, Robert F. Nagel

Law and Contemporary Problems

The question of what weight--if any--courts should give to elected government resistance to court decisions is examined. A principle is sought that explains why courts should not consider local resistance when deliberating on constitutional questions.


The Legislative Veto: Invalidated, It Survives, Louis Fisher Oct 1993

The Legislative Veto: Invalidated, It Survives, Louis Fisher

Law and Contemporary Problems

The Supreme Court's decision in "INS vs Chadha" is examined, and the origins of the legislative veto and its traditional place in the lawmaking process is discussed.


The American Judicial Review Quagmire: A Canadian Proposal, Caroline S. Earle Oct 1993

The American Judicial Review Quagmire: A Canadian Proposal, Caroline S. Earle

Indiana Law Journal

No abstract provided.


The President’S Power Of Interpretation: Implications Of A Unified Theory Of Constitutional Law, Geoffrey P. Miller Oct 1993

The President’S Power Of Interpretation: Implications Of A Unified Theory Of Constitutional Law, Geoffrey P. Miller

Law and Contemporary Problems

No abstract provided.


Voting Rights And The “Statutory Constitution”, Peter M. Shane Oct 1993

Voting Rights And The “Statutory Constitution”, Peter M. Shane

Law and Contemporary Problems

The appeal of regarding certain statutes as having constitutional status is discussed. The possibility that certain statutes may lay claim to expressing fundamental law in a way that entitles them to be included within the range of material relevant to constitutional interpretation is examined.


Foreword, Neal Devins Oct 1993

Foreword, Neal Devins

Law and Contemporary Problems

No abstract provided.


Congress, The Fcc, And The Search For The Public Trustee, Neal Devins Oct 1993

Congress, The Fcc, And The Search For The Public Trustee, Neal Devins

Law and Contemporary Problems

The features of constitutional politics involving independent agencies are discussed through an examination of FCC efforts to repudiate regulatory initiatives designed to facilitate diversity in broadcasting.


The Road Not Taken: State Constitutions As An Alternative Source Of Protection For Reproductive Rights, Kevin F. O'Neill Oct 1993

The Road Not Taken: State Constitutions As An Alternative Source Of Protection For Reproductive Rights, Kevin F. O'Neill

Law Faculty Articles and Essays

Lawyers seeking constitutional protection for reproductive rights have relied almost exclusively on a liberty/privacy theory under the Federal Constitution. In the wake of Planned Parenthood of Southeastern Pennsylvania v. Casey, this theory may be seen as providing a floor of minimum protection-preventing states from banning abortion outright. But it is not strong enough to prevent states from enacting restrictions on the availability of abortion. Thus, the battle over reproductive rights may be seen as shifting from one phase ("Can abortion be banned?") to another ("How far can states go in restricting access to abortion'?"). If proponents of reproductive freedom are …


At The President’S Side: The Role Of The White House Counsel In Constitutional Policy, Jeremy Rabkin Oct 1993

At The President’S Side: The Role Of The White House Counsel In Constitutional Policy, Jeremy Rabkin

Law and Contemporary Problems

The suicide of the Deputy Counsel Vincent Foster focused new attention on the office of White House Counsel. The role of the counsel in constitutional policy is discussed.


The Lawmaking Congress, Roger H. Davidson Oct 1993

The Lawmaking Congress, Roger H. Davidson

Law and Contemporary Problems

General guidelines for understanding how the task of framing and reviewing constitutional issues is approached by senators and representatives in Congress are presented.


Black And White Images, John H. Garvey Oct 1993

Black And White Images, John H. Garvey

Law and Contemporary Problems

Whether the National Endowment for the Arts can control the content of speech that it pays for is a hard First Amendment question. The way in which Congress has tried to answer it is discussed.


Justice And The Text: Rethinking The Constitutional Relation Between Principle And Prudence, Christopher L. Eisgruber Oct 1993

Justice And The Text: Rethinking The Constitutional Relation Between Principle And Prudence, Christopher L. Eisgruber

Duke Law Journal

No abstract provided.


Is There A Law Of Federal Courts, Gene R. Nichol Sep 1993

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

West Virginia Law Review

No abstract provided.


Choice Approach To The Constitutionality Of Term Limitation Laws , Johnathan Mansfield Jul 1993

Choice Approach To The Constitutionality Of Term Limitation Laws , Johnathan Mansfield

Cornell Law Review

No abstract provided.


Constitutional Equity And The Innovative Tradition, William T. Quillen Jul 1993

Constitutional Equity And The Innovative Tradition, William T. Quillen

Law and Contemporary Problems

It is argued that the court's status as a general equity court with constitutionally vested jurisdiction has benefitted the legal system. The Delaware court of chancery is an example of an equity court that resolves complex disputes expeditiously and lets the litigants move on.


The Injunction In Aid Of Legal Rights—An Australian Perspective, William Gummow Jul 1993

The Injunction In Aid Of Legal Rights—An Australian Perspective, William Gummow

Law and Contemporary Problems

In Australia, as in the US, the injunction is rapidly losing its character as an extraordinary equitable remedy. Provisions in Australian constitutional law that pertain to the law of injunctions are discussed.


Procedure As A Guarantee Of Democracy: The Legacy Of The Perestroika Parliament, Frances H. Foster Apr 1993

Procedure As A Guarantee Of Democracy: The Legacy Of The Perestroika Parliament, Frances H. Foster

Vanderbilt Journal of Transnational Law

In this Article, the author chronicles the rise and fall of the "perestroika parliament." While Gorbachev's reforms were ultimately unsuccessful in producing effective democratic representation, the author believes that the history of these reforms provides some valuable lessons for post-Soviet Russia. Specifically, Professor Foster concludes that current reformers in Russia should learn from the failed perestroika parliament that a democratic, "rule-of-law" state requires uniform lawmaking procedures with constitutional safeguards to guarantee their integrity.


Researching Georgia Law, Nancy P. Johnson, Nancy Adams Deel Apr 1993

Researching Georgia Law, Nancy P. Johnson, Nancy Adams Deel

Georgia State University Law Review

No abstract provided.


Good Faith Defenses: Reshaping Strict Liability Crimes , Laurie L. Levenson Mar 1993

Good Faith Defenses: Reshaping Strict Liability Crimes , Laurie L. Levenson

Cornell Law Review

No abstract provided.


Has Due Process Struck Out? The Judicial Rubberstamping Of Retroactive Economic Laws, Andrew C. Weiler Mar 1993

Has Due Process Struck Out? The Judicial Rubberstamping Of Retroactive Economic Laws, Andrew C. Weiler

Duke Law Journal

No abstract provided.


Is The New York Times "Actual Malice" Standard Really Necessary? A Comparative Perspective, Russell L. Weaver, Geoffrey Bennett Mar 1993

Is The New York Times "Actual Malice" Standard Really Necessary? A Comparative Perspective, Russell L. Weaver, Geoffrey Bennett

Louisiana Law Review

No abstract provided.


The Abortion Question: Germany's Dilemma Delays Unification, Terri E. Owens Mar 1993

The Abortion Question: Germany's Dilemma Delays Unification, Terri E. Owens

Louisiana Law Review

No abstract provided.


National Separation: Canada In Context - A Legal Perspective, Kevin Sneesby Mar 1993

National Separation: Canada In Context - A Legal Perspective, Kevin Sneesby

Louisiana Law Review

No abstract provided.


The Constitutionality Of State Allocation Of Punitive Damage Awards, Paul F. Kirgis Mar 1993

The Constitutionality Of State Allocation Of Punitive Damage Awards, Paul F. Kirgis

Washington and Lee Law Review

No abstract provided.


Rights, Revolution, And The Paradox Of Constitutionalism: The Processes Of Constitutional Change In Pennsylvania, Harry L. Witte Jan 1993

Rights, Revolution, And The Paradox Of Constitutionalism: The Processes Of Constitutional Change In Pennsylvania, Harry L. Witte

Harry L Witte

No abstract provided.


The Constitutional Ghetto, Robert L. Hayman, Nancy Levit Jan 1993

The Constitutional Ghetto, Robert L. Hayman, Nancy Levit

Nancy Levit

The goal of this Article is to assess two Supreme Court desegregation decisions. It is our view that Board of Education v. Dowell and Freeman v. Pitts are, by almost every measure, seriously flawed decisions. The opinions of the Court rest on epistemic premises - reductionist views of race and racism, and an absurdly formalistic conception of equality - that are by turns either anachronistic, cramped and inauthentic, or demonstrably wrong. Worse, they promote a vision of American society - fragmented, hierarchical, and shamelessly individualistic - that is fundamentally inconsistent both with the egalitarian norms embodied in the Fourteenth Amendment …