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Articles 1 - 9 of 9

Full-Text Articles in Law

Interstate Preemption: The Right To Travel, The Right To Life, And The Right To Die, Lea Brilmayer Mar 1993

Interstate Preemption: The Right To Travel, The Right To Life, And The Right To Die, Lea Brilmayer

Michigan Law Review

State laws differ, and they differ on issues of tremendous importance to the ways that we conduct our lives. Abortion and the right to die are two issues on which state law intersects with deeply held moral convictions, and on which state laws vary. With so much hanging in the balance, it is not surprising that those who find themselves outvoted or outmaneuvered in local political processes sometimes seek a legal climate more compatible with their beliefs about human decency and dignity. The right to "vote with one's feet" - to travel or move to another state and trade a …


Dialogue And Judicial Review, Barry Friedman Feb 1993

Dialogue And Judicial Review, Barry Friedman

Michigan Law Review

This article argues that most normative legal scholarship regarding the role of judicial review rests upon a descriptively inaccurate foundation. The goal of this article is to redescribe the landscape of American constitutionalism in a manner vastly different than most normative scholarship. At times this article slips across the line into prescription, but by and large the task is descriptive. The idea is to clear the way so that later normative work can proceed against the backdrop of a far more accurate understanding of the system of American constitutionalism.

This article proceeds in three separate parts. Parts I and II …


Televised Executions And The Constitution: Recognizing A First Amendment Right Of Access To State Executions, John Bessler Jan 1993

Televised Executions And The Constitution: Recognizing A First Amendment Right Of Access To State Executions, John Bessler

All Faculty Scholarship

This article examines the history of public and private executions and the passage of private execution laws. It concludes that existing laws restricting media access to executions – and requiring private executions that exclude television cameras – are unconstitutional. The author examines existing statutory schemes which curtail media access and prohibit the filming of executions, discusses legal challenges to such laws, and explores freedom of the press jurisprudence. In particular, the article analyzes First Amendment case law and right-of-access cases. The author also discusses the Eighth Amendment's relationship to First Amendment case law in the area of media coverage of …


The Art Of Line Drawing: The Establishment Clause And Public Aid To Religiously Affiliated Child Care, Elizabeth Samuels Jan 1993

The Art Of Line Drawing: The Establishment Clause And Public Aid To Religiously Affiliated Child Care, Elizabeth Samuels

All Faculty Scholarship

The Article analyzes both the meaning and the constitutionality of Child Care Development Block Grant's church-and-state-related provisions in light of existing Supreme Court Establishment Clause jurisprudence. The CCDBG's church-and-state-related provisions represent a legislative effort to perform the type of Establishment Clause line drawing that the Supreme Court has traditionally undertaken and continues to undertake in cases involving aid to religious institutions. The congressional debate and the public controversy it engendered over line drawing between permissible and impermissible aid to religiously affiliated child care, and the resolution reached in the CCDBG, all achieve an important constitutional aim. They reflect and reinforce …


Lee V. Weisman: Whither The Establishment Clause And The Lemon V. Kurtzman Three-Pronged Test?, Thomas A. Schweitzer Jan 1993

Lee V. Weisman: Whither The Establishment Clause And The Lemon V. Kurtzman Three-Pronged Test?, Thomas A. Schweitzer

Touro Law Review

No abstract provided.


Peremptory Challenges: Free Strikes No More, H. Patrick Furman Jan 1993

Peremptory Challenges: Free Strikes No More, H. Patrick Furman

Publications

No abstract provided.


Equal Protection Jan 1993

Equal Protection

Touro Law Review

No abstract provided.


Reapportionment Jan 1993

Reapportionment

Touro Law Review

No abstract provided.


Are Laws Against Assisted Suicide Unconstitutional?, Yale Kamisar Jan 1993

Are Laws Against Assisted Suicide Unconstitutional?, Yale Kamisar

Articles

On 15 February of this year, shortly after the number of people Dr. Jack Kevorkian had helped to commit suicide swelled to fifteen, the Michigan legislature passed a law, effective that very day, making assisted suicide a felony punishable by up to four years in prison. The law, which is automatically repealed six months after a newly established commission on death and dying recommends permanent legislation, prohibits anyone with knowledge that another person intends to commit suicide from "intentionally providing the physical means" by which the other person does so or from "intentionally participat[ing] in a physical act" by which …