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Articles 1 - 24 of 24
Full-Text Articles in Law
The Partial Republican, John O. Mcginnis
The Partial Republican, John O. Mcginnis
William & Mary Law Review
No abstract provided.
Defrocking The Courts: Resolving 'Cases Or Controversies,' Not Announcing Transcendental Truths, Mark Rosen
Defrocking The Courts: Resolving 'Cases Or Controversies,' Not Announcing Transcendental Truths, Mark Rosen
Mark D. Rosen
No abstract provided.
Rediscovering Nonjusticiability: Judicial Review Of Impeachments After Nixon, Michael J. Gerhardt
Rediscovering Nonjusticiability: Judicial Review Of Impeachments After Nixon, Michael J. Gerhardt
Faculty Publications
No abstract provided.
State And Federal Constitutional Law Developments, Rosalie Levinson
State And Federal Constitutional Law Developments, Rosalie Levinson
Law Faculty Publications
No abstract provided.
Constricting The Law Of Freedom: Justice Miller, The Fourteenth Amendment, And The Slaughter-House Cases, Richard L. Aynes
Constricting The Law Of Freedom: Justice Miller, The Fourteenth Amendment, And The Slaughter-House Cases, Richard L. Aynes
Akron Law Faculty Publications
The Slaughter-House Cases are simultaneously unremarkable and extraordinary. They are unremarkable because the matter at issue -- whether butchers can be required to ply their trade at a central, state-franchised facility -- has long since ceased to be a matter of concern. They are extraordinary because in spite of the fact that three of the Court's significant legal conclusions have been rejected and “everyone” agrees the Court incorrectly interpreted the Privileges or Immunities Clause, the conclusion that the Privileges or Immunities Clause of the Fourteenth Amendment had no meaningful place in our constitutional scheme continues to live on. Even those …
Can American Constitutional Law Be Postmodern?, Robert Justin Lipkin
Can American Constitutional Law Be Postmodern?, Robert Justin Lipkin
Robert Justin Lipkin
No abstract provided.
Resolving Native American Land Claims And The Eleventh Amendment: Changing The Balance Of Power, Katharine F. Nelson
Resolving Native American Land Claims And The Eleventh Amendment: Changing The Balance Of Power, Katharine F. Nelson
Katharine F. Nelson
No abstract provided.
Judicial Recantation, Mark A. Graber
Constricting The Law Of Freedom: Justice Miller, The Fourteenth Amendment, And The Slaughter-House Cases, Richard L. Aynes
Constricting The Law Of Freedom: Justice Miller, The Fourteenth Amendment, And The Slaughter-House Cases, Richard L. Aynes
Richard L. Aynes
The Slaughter-House Cases are simultaneously unremarkable and extraordinary. They are unremarkable because the matter at issue -- whether butchers can be required to ply their trade at a central, state-franchised facility -- has long since ceased to be a matter of concern. They are extraordinary because in spite of the fact that three of the Court's significant legal conclusions have been rejected and “everyone” agrees the Court incorrectly interpreted the Privileges or Immunities Clause, the conclusion that the Privileges or Immunities Clause of the Fourteenth Amendment had no meaningful place in our constitutional scheme continues to live on. Even those …
The Gate Is Open But The Door Is Locked - Habeas Corpus And Harmless Error, Bennett L. Gershman
The Gate Is Open But The Door Is Locked - Habeas Corpus And Harmless Error, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Brecht is a paradigm of the Rehnquist Court's result-oriented approach to habeas corpus and harmless error. The decision purports to be a principled application of the policies of finality, federalism, and judicial economy that underlay the Court's new habeas and harmless error jurisprudence. It is, in fact, an unwarranted and unprincipled extension of those policies. Depending on how the lower federal courts interpret and implement the decision, Brecht could have a devastating impact on the way state prosecutors and judges administer criminal justice, as well as the ability of state prisoners to redress constitutional violations.
Rethinking Rawls' Theory Of Liberty And Rights, James W. Nickel
Rethinking Rawls' Theory Of Liberty And Rights, James W. Nickel
Articles
No abstract provided.
United States Supreme Court: 1993-94 Term, Paul C. Giannelli
United States Supreme Court: 1993-94 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
Note, Give Me Liberty Or Give Me Silence: Taking A Stand On Fifth Amendment Implications For Court-Ordered Therapy Programs, Jessica Wilen Berg
Note, Give Me Liberty Or Give Me Silence: Taking A Stand On Fifth Amendment Implications For Court-Ordered Therapy Programs, Jessica Wilen Berg
Faculty Publications
No abstract provided.
The Right To Effective Assistance Of Appellate Counsel, Lissa Griffin
The Right To Effective Assistance Of Appellate Counsel, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
This article closely examines the Supreme Court's decision in Strickland v. Washington, as it applies to effective assistance of trial counsel. Part III analyzes the constitutional origin and current status of the right to effective assistance of counsel on appeal. Part IV discusses the functional differences between trial and appellate counsel, the differences in the two forums, and the different effect that a finding of ineffectiveness of counsel at trial or on appeal has on finality. Part V formulates a standard to govern ineffectiveness of appellate counsel claims that incorporates Strickland's “reasonable competence” standard, but applies that standard differently with …
Constitutional Law - The Practical And Procedural Implications Of Jury Misconduct In The Third Circuit, Elise E. Walthall
Constitutional Law - The Practical And Procedural Implications Of Jury Misconduct In The Third Circuit, Elise E. Walthall
Villanova Law Review
No abstract provided.
The Federal Constitutional Court In The German Political System, Donald P. Kommers
The Federal Constitutional Court In The German Political System, Donald P. Kommers
Journal Articles
The Federal Constitutional Court is a major policy-making institution in Germany's system of government. Within the space of four decades (1951- 1991), this tribunal has evolved into the most active and powerful constitutional court in Europe. Its pivotal character in the German political system sterns from its role as a judicial lawmaking body created for the specific purpose of deciding constitutional disputes under the Basic Law.1 In deciding such disputes-that is, in interpreting the language and spirit of the Basic Law-the Constitutional Court has influenced the shape of Germany's political landscape, reaching deep into the heart of the existing state, …
Truth And The Religion Clauses, William P. Marshall
Truth And The Religion Clauses, William P. Marshall
Faculty Publications
No abstract provided.
Scrambling For Protection: The New Media And The First Amendment, Patrick Garry
Scrambling For Protection: The New Media And The First Amendment, Patrick Garry
Patrick M. Garry
In Scrambling for Protection, Patrick Garry asserts that such dramatic developments in electronic communications will radically change the way society communicates. Already, computer networks and bulletin boards are creating, in essence, electronic editorial pages on which people can register their viewpoints. Indeed, the new and increasingly interactive media promise to more significantly involve the public in the process of social communication. This concept of change lies at the heart of Scrambling for Protection. Garry offers models and guidelines for constitutionally redefining the press and asserts that, as both the press and the First Amendment move away from an apparently exclusive …
Discipline Through Delegation: Solving The Problem Of Congressional Housecleaning, Laura K. Ray
Discipline Through Delegation: Solving The Problem Of Congressional Housecleaning, Laura K. Ray
Laura K. Ray
No abstract provided.
Affirmative Action And Judicial Incoherence, Robert C. Power
Affirmative Action And Judicial Incoherence, Robert C. Power
Robert C Power
No abstract provided.
The Quest For The Common Good: Neutrality And Deliberative Democracy In Sunstein's Conception Of American Constitutionalism, Robert Justin Lipkin
The Quest For The Common Good: Neutrality And Deliberative Democracy In Sunstein's Conception Of American Constitutionalism, Robert Justin Lipkin
Robert Justin Lipkin
No abstract provided.
Spelling Guilt Out Of A Record? Harmless-Error Review Of Conclusive Mandatory Presumptions And Elemental Misdescriptions, John M. Greabe
Spelling Guilt Out Of A Record? Harmless-Error Review Of Conclusive Mandatory Presumptions And Elemental Misdescriptions, John M. Greabe
John M Greabe
Part I of this Article summarizes the history of harmless-error review. Part II explains more fully the constitutional infirmities generated by conclusive mandatory presumptions and elemental misdescriptions, and demonstrates that the unique nature of these infirmities complicates the question of how courts should review them for harmlessness. It also examines the Supreme Court's attempts to answer the questions of whether, and how, conclusive mandatory presumptions and elemental misdescriptions should be reviewed for harmlessness. In so doing, it focuses particularly on how these attempts have been undermined by the Court's failure to take account of the structural rights undermined by these …
Twenty-Five Years After Goldberg V. Kelly: Traveling From The Right Spot On The Wrong Road To The Wrong Place, Randy Lee
Randy Lee
No abstract provided.
What Does Due Process Have To Do With Jurisdiction?, Jay Conison
What Does Due Process Have To Do With Jurisdiction?, Jay Conison
Jay Conison
No abstract provided.