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Articles 61 - 80 of 80
Full-Text Articles in Law
The Constitution Of Japan: Pacifism, Popular Sovereignty, And Fundamental Human Rights, John M. Maki
The Constitution Of Japan: Pacifism, Popular Sovereignty, And Fundamental Human Rights, John M. Maki
Law and Contemporary Problems
No abstract provided.
The Constitution In The Supreme Court: Civil Rights And Liberties, 1930-1941, David P. Currie
The Constitution In The Supreme Court: Civil Rights And Liberties, 1930-1941, David P. Currie
Duke Law Journal
This is the latest in Professor Currie's continuing series on the historical development of constitutional doctrine. In this article Professor Currie surveys the major decisions of the Supreme Court between 1930 and 1941 in the area of criminal procedure, civil rights and civil liberties. In the area of criminal procedure, Professor Currie concludes that in deciding what procedures were required or forbidden by due process, historical inquiry was displaced by a fundamental-rights test. In the area of civil liberties, Professor Currie concludes that the Court made modest progress. Finally, Professor Currie concludes that the Court's most important civil liberties work …
Whose Rights? What Danger?, Michael E. Tigar
Whose Rights? What Danger?, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Public Law By Private Bargain: Title Vii Consent Decrees And The Fairness Of Negotiated Institutional Reform, Maimon Schwarzschild
Public Law By Private Bargain: Title Vii Consent Decrees And The Fairness Of Negotiated Institutional Reform, Maimon Schwarzschild
Duke Law Journal
Large-scale Title VII remedies are typical of "public law" litigation, which differs in kind from the conventional compensatory lawsuit. Title VII remedies are commonly adopted by way of consent decrees. By approving these consent decrees, federal courts take responsibility for extensive institutional reforms while acting independently of the adversary process. Courts have frequently approved consent decrees without fair hearings for those whose interests are at stake. Professor Schwarzschild suggests a systematic procedure for approving Title VII consent decrees. This procedure would not discourage settlements, but would ensure that courts act on the basis of fair hearings, consistently with the quasi-legislative …
Professor Dworkin’S External/Personal Preference Distinction, John Hart Ely
Professor Dworkin’S External/Personal Preference Distinction, John Hart Ely
Duke Law Journal
No abstract provided.
A Reassessment Of The Younger Doctrine In Light Of The Legislative History Of Reconstruction, Donald H. Zeigler
A Reassessment Of The Younger Doctrine In Light Of The Legislative History Of Reconstruction, Donald H. Zeigler
Duke Law Journal
Recently the Supreme Court extended the doctrine of Younger v. Harris to preclude federal court reform of state criminal and civil justice systems. In this article, Professor Zeigler argues that Younger and its progeny directly contravene the intent of the Reconstruction Congresses that adopted the fourteenth amendment and enacted numerous pieces of enforcement legislation. His research demonstrates that these Congresses intended the federal courts to be the primary enforcer of Reconstruction reform measures. Professor Ziegler concludes that the federal courts are neglecting their duty to enforce constitutional safeguards in state justice systems.
The Rights Of Persons Accused Of Crime Under The Canadian Constitution: A Comparative Perspective, A. Kenneth Pye
The Rights Of Persons Accused Of Crime Under The Canadian Constitution: A Comparative Perspective, A. Kenneth Pye
Law and Contemporary Problems
No abstract provided.
The Historical And Constitutional Context Of The Proposed Canadian Charter Of Rights And Freedoms, Walter S. Tarnopolsky
The Historical And Constitutional Context Of The Proposed Canadian Charter Of Rights And Freedoms, Walter S. Tarnopolsky
Law and Contemporary Problems
No abstract provided.
Derivative Immunity: An Unjustifiable Bar To Section 1983 Actions, Craig B. Merkle
Derivative Immunity: An Unjustifiable Bar To Section 1983 Actions, Craig B. Merkle
Duke Law Journal
No abstract provided.
The Mccarthy Era: History As Snapshot, Michael E. Tigar
The Mccarthy Era: History As Snapshot, Michael E. Tigar
Faculty Scholarship
No abstract provided.
The United Nations And The Human Rights Issue, Allard Lowenstein
The United Nations And The Human Rights Issue, Allard Lowenstein
Law and Contemporary Problems
No abstract provided.
Penal Regimes And Dissenters In The Soviet Orbit, Kazimierz Grzybowski
Penal Regimes And Dissenters In The Soviet Orbit, Kazimierz Grzybowski
Law and Contemporary Problems
No abstract provided.
Soviet Human Rights: Law And Politics In Perspective, Eugene D. Fryer
Soviet Human Rights: Law And Politics In Perspective, Eugene D. Fryer
Law and Contemporary Problems
No abstract provided.
The Artist In The Amphitheatre, Elizabeth Turner
The Artist In The Amphitheatre, Elizabeth Turner
Law and Contemporary Problems
No abstract provided.
Human Rights Policy Under The Carter Administration, Mark L. Schneider
Human Rights Policy Under The Carter Administration, Mark L. Schneider
Law and Contemporary Problems
No abstract provided.
Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne
Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne
Faculty Scholarship
This commentary breaks down the case of the City of Los Angeles Department of Water and Power v. Manhart and discusses what effects the Supreme Court's decision will have when Title VII is applied to university employers, particularly in their relationship with TIAA-CREF
The Grand Jury As The New Inquisition, Michael E. Tigar, Madeline R. Levy
The Grand Jury As The New Inquisition, Michael E. Tigar, Madeline R. Levy
Faculty Scholarship
No abstract provided.
New Frontiers, Michael E. Tigar
The New Law Of Race Relations, Arthur Larson
The New Law Of Race Relations, Arthur Larson
Faculty Scholarship
No abstract provided.
Book Review, William W. Van Alstyne
Book Review, William W. Van Alstyne
Faculty Scholarship
This review champions the editor’s use of Mr. Justice Black’s own opinions in showcasing his emphasis of the emancipating aspects of the Constitution. This work cautions the reader to avoid relying on this compilation as an accurate depiction of the state of the law, especially considering that most of the included opinions are dissents.