Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Touro University Jacob D. Fuchsberg Law Center (55)
- University of Michigan Law School (38)
- UC Law SF (27)
- William & Mary Law School (19)
- American University Washington College of Law (18)
-
- Brigham Young University Law School (16)
- Selected Works (14)
- Maurer School of Law: Indiana University (12)
- Seattle University School of Law (11)
- University of Colorado Law School (10)
- Washington and Lee University School of Law (8)
- UIC School of Law (7)
- University of Georgia School of Law (7)
- Columbia Law School (6)
- Duquesne University (6)
- Florida State University College of Law (6)
- University of Maryland Francis King Carey School of Law (6)
- Georgetown University Law Center (5)
- Osgoode Hall Law School of York University (5)
- University of Arkansas at Little Rock William H. Bowen School of Law (5)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (5)
- Vanderbilt University Law School (5)
- Cornell University Law School (4)
- Fordham Law School (4)
- University at Buffalo School of Law (4)
- University of Kentucky (4)
- University of Pennsylvania Carey Law School (4)
- University of Washington School of Law (4)
- Villanova University Charles Widger School of Law (4)
- Cleveland State University (3)
- Keyword
-
- New York (40)
- Supreme Court (39)
- Constitutions (38)
- 1994) (36)
- Federal (36)
-
- Constitutional law (27)
- United States Supreme Court (26)
- Appellate Division (25)
- Constitution (23)
- N.Y. Constitutional Article I (16)
- Equal protection (15)
- § 1 (15)
- Constitutional Law (13)
- First Amendment (13)
- § 6 (13)
- Fifth Amendment (12)
- Violated (12)
- Search & Seizure (11)
- U.S. Constitutional Amendment IV (11)
- § 12 (11)
- Congress (10)
- Defendant (10)
- Police (10)
- Commerce Clause (9)
- Democracy (9)
- Fourth Amendment (9)
- History (9)
- Interstate commerce (9)
- Law (9)
- N.Y. Constitutional Art. I (9)
- Publication
-
- Touro Law Review (48)
- UC Law Constitutional Quarterly (26)
- Michigan Law Review (24)
- Faculty Scholarship (23)
- Scholarly Works (16)
-
- American University Law Review (15)
- BYU Law Review (14)
- Seattle University Law Review (11)
- Publications (10)
- Articles (8)
- William & Mary Law Review (8)
- Indiana Law Journal (7)
- UIC Law Review (7)
- All Faculty Scholarship (6)
- Ledewitz Papers (6)
- William & Mary Bill of Rights Journal (6)
- Faculty Publications (5)
- Georgetown Law Faculty Publications and Other Works (5)
- University of Michigan Journal of Law Reform (5)
- Washington and Lee Law Review (5)
- Cornell Law Faculty Publications (4)
- Osgoode Hall Law Journal (4)
- Scholarly Articles (4)
- Villanova Law Review (4)
- Articles & Chapters (3)
- Florida State University Journal of Transnational Law & Policy (3)
- Florida State University Law Review (3)
- Journal Articles (3)
- Kentucky Law Journal (3)
- LLM Theses and Essays (3)
- Publication Type
- File Type
Articles 1 - 30 of 376
Full-Text Articles in Law
Criminal Procedure Mate: Searches And Seizures, Interrogation, Identifications, And Exclusionary Remedy, Robert Bloom
Criminal Procedure Mate: Searches And Seizures, Interrogation, Identifications, And Exclusionary Remedy, Robert Bloom
Robert Bloom
No abstract provided.
Review Of When Death Is Sought: Assisted Suicide And Euthanasia In The Medical Context, By The New York State Task Force On Life And Law, Charles Baron
Charles H. Baron
No abstract provided.
Presence And Absence In Lochner: Making Rights Real, Eileen A. Scallen
Presence And Absence In Lochner: Making Rights Real, Eileen A. Scallen
UC Law Constitutional Quarterly
No abstract provided.
The Death Penalty In The Twenty-First Century , Stephen B. Bright, Edward Chikofsky, Laurie Ekstrand, Harriet C. Ganson, Paul D. Kamenar, Robert E. Morin, William G. Otis, Jasmin Raskin, Ira P. Robbins, Diann Rust-Tierney, Charles F. Shilling, Andrew L. Sooner, Ronald J. Rabak, David V. Drehle, James Wootton
The Death Penalty In The Twenty-First Century , Stephen B. Bright, Edward Chikofsky, Laurie Ekstrand, Harriet C. Ganson, Paul D. Kamenar, Robert E. Morin, William G. Otis, Jasmin Raskin, Ira P. Robbins, Diann Rust-Tierney, Charles F. Shilling, Andrew L. Sooner, Ronald J. Rabak, David V. Drehle, James Wootton
American University Law Review
No abstract provided.
The Arts: A Traditional Sphere Of Free Expression? First Amendment Implications Of Government Funding To The Arts In The Aftermath Of Rust V. Sullivan , Thomas P. Leff
The Arts: A Traditional Sphere Of Free Expression? First Amendment Implications Of Government Funding To The Arts In The Aftermath Of Rust V. Sullivan , Thomas P. Leff
American University Law Review
No abstract provided.
United States V. Clary: Equal Protection And The Crack Statute , Jason A. Gillmer
United States V. Clary: Equal Protection And The Crack Statute , Jason A. Gillmer
American University Law Review
No abstract provided.
The Arts: A Traditional Sphere Of Free Expression? First Amendment Implications Of Government Funding To The Arts In The Aftermath Of Rust V. Sullivan , Thomas P. Leff
The Arts: A Traditional Sphere Of Free Expression? First Amendment Implications Of Government Funding To The Arts In The Aftermath Of Rust V. Sullivan , Thomas P. Leff
American University Law Review
No abstract provided.
The Death Penalty In The Twenty-First Century , Stephen B. Bright, Edward Chikofsky, Laurie Ekstrand, Harriet C. Ganson, Paul D. Kamenar, Robert E. Morin, William G. Otis, Jasmin Raskin, Ira P. Robbins, Diann Rust-Tierney, Charles F. Shilling, Andrew L. Sooner, Ronald J. Rabak, David V. Drehle, James Wootton
The Death Penalty In The Twenty-First Century , Stephen B. Bright, Edward Chikofsky, Laurie Ekstrand, Harriet C. Ganson, Paul D. Kamenar, Robert E. Morin, William G. Otis, Jasmin Raskin, Ira P. Robbins, Diann Rust-Tierney, Charles F. Shilling, Andrew L. Sooner, Ronald J. Rabak, David V. Drehle, James Wootton
American University Law Review
No abstract provided.
United States V. Clary: Equal Protection And The Crack Statute , Jason A. Gillmer
United States V. Clary: Equal Protection And The Crack Statute , Jason A. Gillmer
American University Law Review
No abstract provided.
Your Life As An Open Book: Has Technology Rendered Personal Privacy Virtually Obsolete?, Sandra Byrd Peterson
Your Life As An Open Book: Has Technology Rendered Personal Privacy Virtually Obsolete?, Sandra Byrd Peterson
Federal Communications Law Journal
As society becomes increasingly automated, the ability of individuals to protect their "information privacy" is practically nonexistent. Information that was once kept on paper in filing cabinets is now on-line in computer databases. At the touch of a computer key, a complete stranger can conveniently access and compile from a variety of different sources a dossier of intimate, personal information about people without their knowledge. Perhaps more shocking is the current lack of legal recourse available to contest the nonconsensual use of personal data.
In this Note, the Author examines the currently loose constitutional and common-law protections and suggests strategies …
"A Government Of Limited And Enumerated Powers": In Defense Of United States V. Lopez, Steven G. Calabresi
"A Government Of Limited And Enumerated Powers": In Defense Of United States V. Lopez, Steven G. Calabresi
Michigan Law Review
The Supreme Court's recent decision in United States v. Lopez marks a revolutionary and long overdue revival of the doctrine that the federal government is one of limited and enumerated powers. After being "asleep at the constitutional switch" for more than fifty years, the Court's decision to invalidate an Act of Congress on the ground that it exceeded the commerce power must be recognized as an extraordinary event. Even if Lopez produces no progeny and is soon overruled, the opinion has shattered forever the notion that, after fifty years of Commerce Clause precedent, we can never go back to the …
The Constitution's Forgotten Cover Letter: An Essay On The New Federalism And The Original Understanding, Daniel A. Farber
The Constitution's Forgotten Cover Letter: An Essay On The New Federalism And The Original Understanding, Daniel A. Farber
Michigan Law Review
At the end of the summer of 1787, the Philadelphia Convention issued two documents. One was the Constitution itself. The other document, now almost forgotten even by constitutional historians, was an official letter to Congress, signed by George Washington on behalf of the Convention. Congress responded with a resolution that the Constitution and "letter accompanying the same" be sent to the state legislatures for submission to conventions in each state.
The Washington letter lacks the detail and depth of some other evidence of original intent. Being a cover letter, it was designed only to introduce the accompanying document rather than …
Foreword, Louis H. Pollak
Foreword, Louis H. Pollak
Michigan Law Review
Introduction to the Symposium Reflections on United States v. Lopez
Enumerated Means And Unlimited Ends, H. Jefferson Powell
Enumerated Means And Unlimited Ends, H. Jefferson Powell
Michigan Law Review
United States v. Lopez can be read as a fairly mundane disagreement over the application of a long-settled test. The Government defended the statute under review in the case, the Gun-Free School Zones Act of 1990, along familiar lines as a permissible regulation of activity affecting interstate and foreign commerce.
In this essay, I do not address the question whether Lopez was an important decision. My concern instead is with the problem that underlies Lopez's particular issue of the scope of the commerce power: Given our commitment to limited national government, in what way is the national legislature actually limited? …
Commerce!, Deborah Jones Merritt
Commerce!, Deborah Jones Merritt
Michigan Law Review
In this article, I explore the Supreme Court's new definition of "Commerce ... among the several States."9 In Part I, I examine three new principles that Lopez announces and that could significantly rework the Court's Commerce Clause jurisprudence. Part II, however, shows that these principles must be understood in the context of almost a dozen factors narrowing the Supreme Court's Lopez decision. Part II also demonstrates that the lower courts have understood the contextual uniqueness of Lopez and already have distinguished the decision in upholding more than half a dozen broad exercises of congressional authority. Part III then shows that …
Petty Offenses, Serious Consequences: Multiple Petty Offenses And The Sixth Amendment Right To Jury Trial, Jeff E. Butler
Petty Offenses, Serious Consequences: Multiple Petty Offenses And The Sixth Amendment Right To Jury Trial, Jeff E. Butler
Michigan Law Review
In Blanton v. City of North Las Vegas, the Supreme Court set forth the definitive standard for distinguishing petty offenses from serious crimes.7 The benchmark used by the Court is the maximum prison term assigned to each offense by the legislature. Where the penalty exceeds six months' imprisonment, the offense is serious enough to trigger the right to jury trial. Where the penalty is six months' imprisonment or less, there is a strong presumption that the offense is petty; therefore, a defendant accused of that offense has no Sixth Amendment right to jury trial.
This Note argues that a criminal …
Original Intent And Article Iii, Michael L. Wells, Edward J. Larson
Original Intent And Article Iii, Michael L. Wells, Edward J. Larson
Scholarly Works
Article III of the United States Constitution sets limits on the ability of the legislature to expand or contract the jurisdiction of the federal courts. The Supreme Court has generally held that Article III's restraints on the power of the legislature to restrict the jurisdiction of the federal courts are few and extremely permissive. Many scholars, however, argue that Article III imposes some strong limitations on the legislature's ability to define federal jurisdiction. Strangely, both sides of the debate rely on originalist arguments. This Article argues that reliance on the Framers' intent to resolve issues of federal courts law is …
Back To The Briarpatch: An Argument In Favor Of Constitutional Meta-Analysis In State Action Determinations, Ronald J. Krotoszynski Jr.
Back To The Briarpatch: An Argument In Favor Of Constitutional Meta-Analysis In State Action Determinations, Ronald J. Krotoszynski Jr.
Michigan Law Review
Brer Rabbit, after claiming repeatedly that he would prefer almost anything to being thrown into the briarpatch, expressed glee once tossed there. In fact, Brer Rabbit wanted to be in the briarpatch because, like most rabbits, he could navigate the briarpatch with relative ease: the briarpatch was home.
Over the course of a century, the Supreme Court has developed a great degree of familiarity with the state action doctrine, a doctrinal briar patch. Like Brer Rabbit, the Court has disclaimed repeatedly any interest in being there.
In this article, I argue that the existing tests for establishing the presence of …
Securing Deliberative Autonomy, James E. Fleming
Securing Deliberative Autonomy, James E. Fleming
Faculty Scholarship
In this article, Professor Fleming proposes to tether the right of autonomy by grounding it within a constitutional constructivism, a guidingframeworkfor constitutional theory with two fundamental themes: deliberative democracy and deliberative autonomy. He advances deliberative autonomy as a unifying theme that shows the coherence and structure of certain substantive liberties on a list of familiar "unenumerated" fundamental rights (commonly classed under privacy, autonomy, or substantive due process). The bedrock structure of deliberative autonomy secures basic liberties that are significant preconditions for persons' ability to deliberate about and make certain fundamental decisions affecting their destiny, identity, or way of life. As …
The Brady Bill: Surviving The Tenth Amendment, Amy M. Pepke
The Brady Bill: Surviving The Tenth Amendment, Amy M. Pepke
Vanderbilt Law Review
In late 1993, Congress passed the Brady Handgun Violence Prevention Act ("Brady Bill")' as an amendment to the Gun Control Act of 1968. By mid-1994, several suits had been initiated challenging the constitutionality of the Bill. Although the plaintiffs in each case brought several claims, the most viable and controversial challenge centers on the Tenth Amendment. Plaintiffs have argued that certain provisions of the Bill unconstitutionally commandeer state resources by imposing mandatory duties on the chief law enforcement officer ("CLEO") of the place of residence of the prospective gun purchaser. Supreme Court decisions on tenth amendment questions have been ambiguous …
Homologizing Pregnancy And Motherhood: A Consideration Of Abortion, Julia E. Hanigsberg
Homologizing Pregnancy And Motherhood: A Consideration Of Abortion, Julia E. Hanigsberg
Michigan Law Review
In this essay I reconsider abortion in order to bridge what initially seem to be two opposing frameworks: first, the conception of abortion as an issue of women's bodily integrity and liberty, and second, the acknowledgement of the existence and meaning of intrauterine life. The abortion choice is indeed deeply and necessarily tied to women's bodily integrity. I will discuss how taking away women's ability to control their decision not to become mothers can be severely damaging to their very sense of self, for this denial of decisionmaking divides women from their wombs and uses their wombs for a purpose …
Policy Distortion And Democratic Debilitation: Comparative Illumination Of The Countermajoritarian Difficulty, Mark Tushnet
Policy Distortion And Democratic Debilitation: Comparative Illumination Of The Countermajoritarian Difficulty, Mark Tushnet
Michigan Law Review
James Bradley Thayer set the terms of the past century's discussion of judicial review in The Origin and Scope of the American Doctrine of Constitutional Law. Thayer was concerned with what Alexander Bickel labeled the "countermajoritarian difficulty" with judicial review, that judicial review displaces decisions made by near-contemporaneous political majorities and therefore is open to the charge that it is undemocratic. Thayer attempted to minimize the displacement- of political majorities through his "clear error" rule, according to which courts should not overturn legislation unless "those who have the right to make laws have not merely made a mistake, but have …
The First Stone Of The Death Penalty, Bruce Ledewitz
The First Stone Of The Death Penalty, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Zoning And Religion: Will The Religious Freedom Restoration Act Of 1993 Shift The Line Towards Religious Liberty? , Simon J. Santiago
Zoning And Religion: Will The Religious Freedom Restoration Act Of 1993 Shift The Line Towards Religious Liberty? , Simon J. Santiago
American University Law Review
No abstract provided.
Sexual Psychopath Legislation: Is There Anywhere To Go But Backwards?, Andrew Horwitz
Sexual Psychopath Legislation: Is There Anywhere To Go But Backwards?, Andrew Horwitz
Law Faculty Scholarship
No abstract provided.
Constitutional Law—Freedom Of Speech—Homeowner Wins In Battle To Limit City Government's Power To Ban Residential Signs. City Of Ladue V. Gilleo, 114 S. Ct. 2038 (1994)., Stan M. Weber
University of Arkansas at Little Rock Law Review
No abstract provided.
State Constitutions, School Finance Litigation, And The "Third Wave": From Equity To Adequacy, Michael Heise
State Constitutions, School Finance Litigation, And The "Third Wave": From Equity To Adequacy, Michael Heise
Cornell Law Faculty Publications
No abstract provided.
A Comment On Text, Time And Audience Understanding In Constitutional Law, Michael C. Dorf
A Comment On Text, Time And Audience Understanding In Constitutional Law, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
Of "Sloppy Journalism," Corporate Tyranny," And Mea Culpas: The Curious Case Of Moldea V. New York Times, David A. Logan
Of "Sloppy Journalism," Corporate Tyranny," And Mea Culpas: The Curious Case Of Moldea V. New York Times, David A. Logan
William & Mary Law Review
No abstract provided.
Cruel And Unusual?: Virginia's New Sex Offender Registration Statute, Elizabeth P. Bruns
Cruel And Unusual?: Virginia's New Sex Offender Registration Statute, Elizabeth P. Bruns
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.