Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

1993

Supreme Court

Discipline
Institution
Publication
Publication Type

Articles 1 - 30 of 62

Full-Text Articles in Law

Environmental Law In The Supreme Court: Highlights From The Marshall Papers, Robert V. Percival Oct 1993

Environmental Law In The Supreme Court: Highlights From The Marshall Papers, Robert V. Percival

Faculty Scholarship

Justice Marshall served on the Court from 1967 until 1991. During that period, Congress passed all of the major federal environmental statutes and environmental regulation mushroomed. As a result, the Marshall papers reveal how the Court reached decisions that have shaped modern environmental law. The author, a former law clerk to former Justice Byron White and an associate professor of law at the University of Maryland, begins by describing the history of the Court's treatment of environmental disputes. He then discusses the steps the Justices take in deciding whether to accept cases for review; in reaching decisions on the merits …


Ferc-Sec Overlapping Jurisdiction And The Ohio Power Litigation: A Loss For Ratepayers, Gary D. Levenson Oct 1993

Ferc-Sec Overlapping Jurisdiction And The Ohio Power Litigation: A Loss For Ratepayers, Gary D. Levenson

Indiana Law Journal

No abstract provided.


The Advocacy Of "Constitutional" Conduct, Marshall C. Derks Oct 1993

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

Indiana Law Journal

No abstract provided.


Medical Law And Ethics In The Post-Autonomy Age, Roger B. Dworkin Jul 1993

Medical Law And Ethics In The Post-Autonomy Age, Roger B. Dworkin

Indiana Law Journal

No abstract provided.


Law-Making Responsibility And Statutory Interpretation, William D. Popkin Jul 1993

Law-Making Responsibility And Statutory Interpretation, William D. Popkin

Indiana Law Journal

No abstract provided.


Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell Apr 1993

Revisiting Roe V. Wade: Substance And Process In The Abortion Debate, Margaret G. Farrell

Indiana Law Journal

No abstract provided.


Supreme Court's Tilt To The Property Right: Procedural Due Process Protections Of Liberty And Property Interests, Jack M. Beermann, Barbara A. Melamed, Hugh F. Hall Apr 1993

Supreme Court's Tilt To The Property Right: Procedural Due Process Protections Of Liberty And Property Interests, Jack M. Beermann, Barbara A. Melamed, Hugh F. Hall

Faculty Scholarship

The Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution provide important protections against government oppression. They provide that government may not deprive any person of "life, liberty or property" without due process of law. In recent decisions, the Supreme Court has appeared willing to strengthen its protection of traditional property interests yet weaken its protection of liberty interests.

It has long been accepted, albeit with controversy, that due process has both procedural and substantive elements. This essay concerns the procedural elements. Procedural due process analysis asks two questions: first, whether there exists a liberty …


The Impact Of The Cipollone Case On Federal Preemption Law, Richard C. Ausness Jan 1993

The Impact Of The Cipollone Case On Federal Preemption Law, Richard C. Ausness

Law Faculty Scholarly Articles

The United States Supreme Court handed down an opinion in the Cipollone case on June 24, 1992. Justice Stevens, writing for the majority, concluded that the Federal Cigarette Labeling and Advertising Act preempted all tort claims against cigarette manufacturers based on failure to provide adequate warnings about the health risks of smoking. However, the Court also held that claims based on breach of express warranty, misrepresentation, and conspiracy were not preempted by the Act. Thus, although Cipollone represents a clear victory for tobacco companies, it also leaves the door open for future litigation. The first part of this Article will …


Book Review Of How To Research The Supreme Court, James S. Heller Jan 1993

Book Review Of How To Research The Supreme Court, James S. Heller

Library Staff Publications

No abstract provided.


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

Scholarly Works

No abstract provided.


Thurgood Marshall: The Lawyer As Judge, Bennett L. Gershman Jan 1993

Thurgood Marshall: The Lawyer As Judge, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

When Thurgood Marshall took the Oath in 1967, it was the twilight of one of the Court's most brilliant periods: the Warren Court's revolution of criminal and racial justice. He was a part of that alliance for two Terms. When a new Court, and new alliances, moved the Court into the dark shadows, he and his closest colleague, William Brennan, Jr., held staunchly to their vision of the Court's historic function “to be watchful for the constitutional rights of the citizen, and against any stealthy encroachment thereon.” He remained faithful to that vision to the end when, as a lone …


Preemption Jan 1993

Preemption

Touro Law Review

No abstract provided.


Due Process Jan 1993

Due Process

Touro Law Review

No abstract provided.


No-Challenge Termination Clauses: Incorporating Innovation Policy And Risk Allocation Into Patent Licensing Law, Christian Chadd Taylor Jan 1993

No-Challenge Termination Clauses: Incorporating Innovation Policy And Risk Allocation Into Patent Licensing Law, Christian Chadd Taylor

Indiana Law Journal

No abstract provided.


In Re Holtzman: Free Speech Or Professional Misconduct?, David W. Wright Jan 1993

In Re Holtzman: Free Speech Or Professional Misconduct?, David W. Wright

Touro Law Review

No abstract provided.


Due Process Jan 1993

Due Process

Touro Law Review

No abstract provided.


There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham Jan 1993

There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham

Touro Law Review

No abstract provided.


Civil Service Appointments And Promotions Jan 1993

Civil Service Appointments And Promotions

Touro Law Review

No abstract provided.


Double Jeopardy Jan 1993

Double Jeopardy

Touro Law Review

No abstract provided.


Due Process Jan 1993

Due Process

Touro Law Review

No abstract provided.


Equal Protection Jan 1993

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1993

Equal Protection

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1993

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Public Relief Jan 1993

Public Relief

Touro Law Review

No abstract provided.


Public Relief Jan 1993

Public Relief

Touro Law Review

No abstract provided.


Right To Retirement Benefits Jan 1993

Right To Retirement Benefits

Touro Law Review

No abstract provided.


Rules & Regulations Jan 1993

Rules & Regulations

Touro Law Review

No abstract provided.


Search & Seizure Jan 1993

Search & Seizure

Touro Law Review

No abstract provided.


Trial By Jury Jan 1993

Trial By Jury

Touro Law Review

No abstract provided.


Trial By Jury Jan 1993

Trial By Jury

Touro Law Review

No abstract provided.