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Constitutional Law

1991

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Institution
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Articles 1 - 23 of 23

Full-Text Articles in Law

Lessons Of Founding Fatherhood, Neal Devins Nov 1991

Lessons Of Founding Fatherhood, Neal Devins

Popular Media

No abstract provided.


Tribe's Judicious Feminism, Anita L. Allen Nov 1991

Tribe's Judicious Feminism, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


Experimenting With The "Right To Die" In The Laboratory Of The States, Thomas A. Eaton, Edward J. Larson Jul 1991

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 ...


The Constitutional Case Against Intracircuit Nonacquiescence, Dan T. Coenen May 1991

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 ...


Book Note, How Communal Are Reasonable People? (Critique Of Stephen Macedo's Liberal Virtues: Citizenship, Virtue And Community In Liberal Constitutionalism), Mark Rosen Feb 1991

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 Feb 1991

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 Feb 1991

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 Jan 1991

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 Jan 1991

The Sacred Flag And The First Amendment, Sheldon Nahmod

Sheldon Nahmod

No abstract provided.


Constitutional Law: Nude Dancing And Political Speech As Protected Expression- The Scope Of The Due Process Guarantee, Rosalie Levinson Jan 1991

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.


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 Jan 1991

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 Jan 1991

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.


Constitutional Law - Cruising For A Bruising - An Attack On The Right To Interstate Travel, Keith E. Smith Jan 1991

Constitutional Law - Cruising For A Bruising - An Attack On The Right To Interstate Travel, Keith E. Smith

Villanova Law Review

No abstract provided.


Constitutional Law - State Buy American Statute Held A Valid Exercise In Economic Protectionism, Caroline J. Hasson Jan 1991

Constitutional Law - State Buy American Statute Held A Valid Exercise In Economic Protectionism, Caroline J. Hasson

Villanova Law Review

No abstract provided.


Justice Brennan And The First Amendment Minefield: In Respectful Appreciation, Ralph Michael Stein Jan 1991

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 Jan 1991

Constitutional Law: The Peyote Decision: A Restriction Upon All Religions?, Brett D. Brewer

Oklahoma Law Review

No abstract provided.


In Defense Of Smith And Free Exercise Revisionism, William P. Marshall Jan 1991

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 Jan 1991

The Concept Of Offensiveness In Establishment And Free Exercise Jurisprudence, William P. Marshall

Faculty Publications

No abstract provided.


Fifth Amendment - Seizure And Forfeiture Of Property - Federal Court Upholds Pre-Notice Forfeiture Of Real Property Used For Narcotics Trafficking, Bobby Dexter Dec 1990

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 Dec 1990

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 Dec 1990

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 Dec 1990

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 Dec 1990

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.