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Articles 1 - 25 of 25
Full-Text Articles in Law
Lessons Of Founding Fatherhood, Neal Devins
Tribe's Judicious Feminism, Anita L. Allen
Tribe's Judicious Feminism, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Experimenting With The "Right To Die" In The Laboratory Of The States, Thomas A. Eaton, Edward J. Larson
Experimenting With The "Right To Die" In The Laboratory Of The States, Thomas A. Eaton, Edward J. Larson
Scholarly Works
The purposes of this Article are twofold. Our first purpose is to reexamine the legal foundations of a patient's right to refuse treatment. The Court's equivocal handling of the federal constitutional issues in Cruzan v. Director, Missouri Department of Health invites a closer look at state constitutional, statutory and common law. The source of the underlying right will affect state experimentation with substantive and procedural rules in this area. Our second purpose is to describe the current status of the states' experiments with the right to die. That is, we elaborate in more detail on the state constitutional, statutory and …
The Constitutional Case Against Intracircuit Nonacquiescence, Dan T. Coenen
The Constitutional Case Against Intracircuit Nonacquiescence, Dan T. Coenen
Scholarly Works
A cornerstone of the United States Constitution is its separation of powers among the legislative, executive, and judicial branches of the national government. The Framers of the Constitution reasoned that separated powers would guard against tyranny by blocking the undue concentration of authority in any single governmental department. In crafting the Constitution, however, the Framers could not anticipate every dispute their scheme of separated powers might engender. One modern separation-of-powers conflict not specifically anticipated by the constitutional text involves so-called "intracircuit nonacquiescence.”
Intracircuit nonacquiescence occurs when executive-branch decision makers refuse to follow a circuit court's precedents even when acting subject …
Book Note, How Communal Are Reasonable People? (Critique Of Stephen Macedo's Liberal Virtues: Citizenship, Virtue And Community In Liberal Constitutionalism), Mark Rosen
Mark D. Rosen
No abstract provided.
The First Duty Of Government: Protection, Liberty And The Fourteenth Amendment, Steven J. Heyman
The First Duty Of Government: Protection, Liberty And The Fourteenth Amendment, Steven J. Heyman
All Faculty Scholarship
No abstract provided.
The Sacred Flag And The First Amendment, Sheldon Nahmod
The Sacred Flag And The First Amendment, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
The First Duty Of Government: Protection, Liberty And The Fourteenth Amendment, Steven J. Heyman
The First Duty Of Government: Protection, Liberty And The Fourteenth Amendment, Steven J. Heyman
Steven J. Heyman
No abstract provided.
The Sacred Flag And The First Amendment, Sheldon Nahmod
The Sacred Flag And The First Amendment, Sheldon Nahmod
Sheldon Nahmod
No abstract provided.
Constitutional Law - State Buy American Statute Held A Valid Exercise In Economic Protectionism, Caroline J. Hasson
Constitutional Law - State Buy American Statute Held A Valid Exercise In Economic Protectionism, Caroline J. Hasson
Villanova Law Review
No abstract provided.
Constitutional Law - Cruising For A Bruising - An Attack On The Right To Interstate Travel, Keith E. Smith
Constitutional Law - Cruising For A Bruising - An Attack On The Right To Interstate Travel, Keith E. Smith
Villanova Law Review
No abstract provided.
In Defense Of Smith And Free Exercise Revisionism, William P. Marshall
In Defense Of Smith And Free Exercise Revisionism, William P. Marshall
Faculty Publications
No abstract provided.
The Concept Of Offensiveness In Establishment And Free Exercise Jurisprudence, William P. Marshall
The Concept Of Offensiveness In Establishment And Free Exercise Jurisprudence, William P. Marshall
Faculty Publications
No abstract provided.
Constitutional Law: Nude Dancing And Political Speech As Protected Expression- The Scope Of The Due Process Guarantee, Rosalie Levinson
Constitutional Law: Nude Dancing And Political Speech As Protected Expression- The Scope Of The Due Process Guarantee, Rosalie Levinson
Law Faculty Publications
In a 1988 address, Chief Justice Shepard invited Indiana practitioners to reexamine the Indiana Constitution as a potentially significant source for the protection of individual liberty. Although there has been some movement in this direction in defending the rights of criminals, there has been little civil rights litigation brought under the Indiana Constitution. Therefore, this Article will explore state and federal court cases that raise significant federal constitutional issues implicating Indiana law and Indiana litigants. The most noteworthy cases during the survey period dealt with freedom of expression and the due process clause.
Justice Brennan And The First Amendment Minefield: In Respectful Appreciation, Ralph Michael Stein
Justice Brennan And The First Amendment Minefield: In Respectful Appreciation, Ralph Michael Stein
Elisabeth Haub School of Law Faculty Publications
It is a special privilege, and a personal joy, for me to have the opportunity to contribute a piece honoring such a revered figure. I make no claim to scholarly objectivity. My premise is simple: William J. Brennan has given us a legacy of first amendment decisions, concurrences, and dissents that reflect great honor on the jurist. My portion of this Festschrift provides selected examples of Justice Brennan's contribution, and concludes by thanking him for serving, through his opinions, as a mentor for me throughout my career as a teacher of constitutional law.
Constitutional Law: The Peyote Decision: A Restriction Upon All Religions?, Brett D. Brewer
Constitutional Law: The Peyote Decision: A Restriction Upon All Religions?, Brett D. Brewer
Oklahoma Law Review
No abstract provided.
Ronald V. Dellums V. George Bush (D.D.C. 1990): Memorandum Amicus Curiae Of Law Professors, Bruce A. Ackerman, Abram Chayes, Lori Fisler Damrosch, John Hart Ely, Erwin N. Griswold, Gerald Gunther, Louis Henkin, Harold Hongju Koh, Philip B. Kurland, Laurence H. Tribe, William W. Van Alstyne
Ronald V. Dellums V. George Bush (D.D.C. 1990): Memorandum Amicus Curiae Of Law Professors, Bruce A. Ackerman, Abram Chayes, Lori Fisler Damrosch, John Hart Ely, Erwin N. Griswold, Gerald Gunther, Louis Henkin, Harold Hongju Koh, Philip B. Kurland, Laurence H. Tribe, William W. Van Alstyne
Faculty Publications
This joint memorandum is submitted to the court hearing Dellums v. Bush. This amicus brief advocates that the President may not order American armed forces to make war without consultation with and approval by Congress. The brief also argues that the case is justiciable.
Constitutional Law - The Resolution Of The Conflict Between First Amendment Speech Analysis And The Commercial Speech Doctrine, Sheila Mcvey Mangan
Constitutional Law - The Resolution Of The Conflict Between First Amendment Speech Analysis And The Commercial Speech Doctrine, Sheila Mcvey Mangan
Villanova Law Review
No abstract provided.
A Trial Court's Refusal To Question Prospective Jurors About The Specific Contents Of Pretrial Publicity Which They Had Read Or Heard Did Not Violate A Defendant's Sixth Amendment Right To An Impartial Jury, Or Fourteenth Amendment Right To Due Process., Karen A. Cusenbary
St. Mary's Law Journal
In Mu'Min v. Virginia, the United States Supreme Court held a defendant has no right to ask jurors about the potential influence of prejudicial pretrial publicity. A defendant may ask only if the jurors can remain impartial. The Court mandates that overturning a trial court’s jury selection is allowable only if manifest error renders the trial fundamentally unfair. The Court did not find that the case involved sufficient public passion to necessitate a more extensive jury examination by the trial court to include inquiries involving the effect of pretrial publicity. The ruling in Mu'Min leaves too much discretion to the …
Nude Dancing Conveying A Message Or Eroticism And Sexuality Is Protected By The First Amendment But Can Be Limited Under State Police Powers Provided The Government Establishes A Substantial, Content-Neutral Purpose., Fred S. Wilson
St. Mary's Law Journal
In Barnes v. Glen Theatre, Inc., the Supreme Court held the First Amendment protects nude dancing as conveying an expressive message, but state police powers may limit protection if the government establishes a substantial, content-neutral purpose. It is a principal of constitutional law where an actor intends to convey a message by expressive conduct, the First Amendment protection extends to that expression. Traditionally, time, place, and manner regulations restricting expressive conduct based on either the subject-matter of the message or the viewpoint of the actor receive content-based classification. However, content-based regulation of expressive conduct is constitutional only when narrowly drawn …
Fifth Amendment - Seizure And Forfeiture Of Property - Federal Court Upholds Pre-Notice Forfeiture Of Real Property Used For Narcotics Trafficking, Bobby Dexter
Bobby L. Dexter
No abstract provided.
The Supreme Court (1990 Term): Voting Rights Act, Judicial Elections: Chisom V. Roemer, Bobby Dexter
The Supreme Court (1990 Term): Voting Rights Act, Judicial Elections: Chisom V. Roemer, Bobby Dexter
Bobby L. Dexter
No abstract provided.
The Efficacy Of Successorship Clauses In Collective Bargaining Agreements, Celestine Mcconville
The Efficacy Of Successorship Clauses In Collective Bargaining Agreements, Celestine Mcconville
Celestine Richards McConville
No abstract provided.
From Prerogative To Accountability: The Amenability Of The President To Suit, Laura K. Ray
From Prerogative To Accountability: The Amenability Of The President To Suit, Laura K. Ray
Laura K. Ray
No abstract provided.
Mr. Justice Antonin Scalia: A Renaissance Of Positivism And Predictability In Constitutional Adjudication, Beau James Brock
Mr. Justice Antonin Scalia: A Renaissance Of Positivism And Predictability In Constitutional Adjudication, Beau James Brock
Beau James Brock
This article pinpoints Justice Scalia's judicial methodology and contrasts it with the pragmatism of Justice Sandra Day O'Connor.