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Constitutional Law

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Articles 1801 - 1830 of 3004

Full-Text Articles in Law

Burdening Constitutional Rights: The Supreme Court's License To Prosecutors, Bennett L. Gershman Jul 2000

Burdening Constitutional Rights: The Supreme Court's License To Prosecutors, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The prosecutorial tactic of burdening a defendant’s exercise of constitutional rights has appeared in a variety of contexts. Prosecutors have asked juries to infer guilt based on a defendant’s decision not to testify, not to call witnesses, to remain silent after being given Miranda warnings, to go to trial, to secure the assistance of counsel, to refuse to consent to a warrantless search, and to testify. In all of these instances, courts have found the prosecutor’s remarks to constitute misconduct.


Abbeville County School District V. State: The Right To A Minimally Adequate Education In South Carolina, Jennifer L. Fogle Jul 2000

Abbeville County School District V. State: The Right To A Minimally Adequate Education In South Carolina, Jennifer L. Fogle

South Carolina Law Review

No abstract provided.


Maintaining The Privacy Of Personal Information: The Dppa And The Right Of Privacy, Maureen Maginnis Jul 2000

Maintaining The Privacy Of Personal Information: The Dppa And The Right Of Privacy, Maureen Maginnis

South Carolina Law Review

No abstract provided.


On Casebooks And Canons Or Why Bob Jones University Will Never Be Part Of The Constitutional Law Canon, Neal Devins Jul 2000

On Casebooks And Canons Or Why Bob Jones University Will Never Be Part Of The Constitutional Law Canon, Neal Devins

Faculty Publications

No abstract provided.


Forensic Constitutional Interpretation, Brian F. Havel Apr 2000

Forensic Constitutional Interpretation, Brian F. Havel

William & Mary Law Review

No abstract provided.


Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr. Mar 2000

Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr.

University of Miami Inter-American Law Review

No abstract provided.


Declaring Unconstitutional A Constitutional Amendment: The Argentine Judiciary Forges Ahead, Ileana Gomez Mar 2000

Declaring Unconstitutional A Constitutional Amendment: The Argentine Judiciary Forges Ahead, Ileana Gomez

University of Miami Inter-American Law Review

No abstract provided.


Natural Rights And The Second Amendment, Steven J. Heyman Feb 2000

Natural Rights And The Second Amendment, Steven J. Heyman

All Faculty Scholarship

No abstract provided.


Mt. Healthy And Causation In Fact: The Court Still Doesn't Get It!, Sheldon Nahmod Feb 2000

Mt. Healthy And Causation In Fact: The Court Still Doesn't Get It!, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.


Naked Land Transfers And American Constitutional Development, Mark A. Graber Jan 2000

Naked Land Transfers And American Constitutional Development, Mark A. Graber

Faculty Scholarship

The constitutional prohibition on naked land transfers, laws granting to B property that belonged to A, played a far greater role in American constitutional development than is generally realized. The Marshall and Taney Courts heard numerous cases in which government officials were accused of expropriating private property, typically by legislative oversight rather than by deliberate intent. When resolving these cases, antebellum justices relied heavily on “certain great principles of justice” rather than on specific constitutional provisions. Supreme Court majorities on several occasions probably exercised the judicial power to declare federal laws unconstitutional. More frequently, Marshall and Taney Court decisions in …


Inverting The Viability Test For Abortion Law, Bruce Ching Jan 2000

Inverting The Viability Test For Abortion Law, Bruce Ching

Journal Articles

The abortion controversy is likely to become even more pressing with the development of technological advancements that enhance the chances for fetal survival of the abortion procedure. This essay explores the consequences of recognizing that keeping the fetus alive does not depend on keeping the fetus in utero.


The Standing Of Citizens To Enforce Against Violations Of Environmental Statutes In The United States, Jeffrey G. Miller Jan 2000

The Standing Of Citizens To Enforce Against Violations Of Environmental Statutes In The United States, Jeffrey G. Miller

Elisabeth Haub School of Law Faculty Publications

Judicial actions by private citizens have played a critical role in the development and enforcement of federal environmental law in the United States over several decades. The courts' general receptivity to the standing of private environmental plaintiffs has made that role possible. A troika of Supreme Court decisions on standing in environmental cases authored by Scalia J over the last decade had eroded that general receptivity, casting doubt on the continued vitality of private actions in developing and implementing environmental law. The Court's recent decision in Friends of the Earth Inc v Laidlaw Environmental Services halts this erosion. To explain …


Should Marriage Matter?: Evaluating The Rights Of Legal Absentee Fathers, Jennifer E. Burns Jan 2000

Should Marriage Matter?: Evaluating The Rights Of Legal Absentee Fathers, Jennifer E. Burns

Fordham Law Review

No abstract provided.


Reno V. Condon: The Supreme Court Takes A Right Turn In Its Tenth Amendment Jurisprudence By Upholding The Constitutionality Of The Driver's Privacy Protection Act, Richard T. Cosgrove Jan 2000

Reno V. Condon: The Supreme Court Takes A Right Turn In Its Tenth Amendment Jurisprudence By Upholding The Constitutionality Of The Driver's Privacy Protection Act, Richard T. Cosgrove

Fordham Law Review

No abstract provided.


Ohio’S Dna Databank Statute, Paul C. Giannelli Jan 2000

Ohio’S Dna Databank Statute, Paul C. Giannelli

Faculty Publications

No abstract provided.


United States Supreme Court: 2000 Term, Paul C. Giannelli Jan 2000

United States Supreme Court: 2000 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.


Criminal Aliens Get Pinched: Sandoval V. Reno, Aedpa's And Iirira's Effect On Habeas Corpus Jurisdiction, Matthew J. Droskoski Jan 2000

Criminal Aliens Get Pinched: Sandoval V. Reno, Aedpa's And Iirira's Effect On Habeas Corpus Jurisdiction, Matthew J. Droskoski

Villanova Law Review (1956 - )

No abstract provided.


Are You Being Served: E-Mail And (Due) Service Of Process, Yvonne Tamayo Jan 2000

Are You Being Served: E-Mail And (Due) Service Of Process, Yvonne Tamayo

South Carolina Law Review

No abstract provided.


A Different Kind Of Sameness: Beyond Formal Equality And Antisubordination Strategies In Gay Legal Theory, Nancy Levit Jan 2000

A Different Kind Of Sameness: Beyond Formal Equality And Antisubordination Strategies In Gay Legal Theory, Nancy Levit

Faculty Works

Gay legal theory is at a crossroads reminiscent of the sameness/difference debate in feminist circles and the integrationist debate in critical race theory. Formal equality theorists take the heterosexual model as the norm and then seek to show that gays, lesbians, bisexuals, and transsexuals - except for their choice of partners - are just like heterosexuals. Antisubordination theorists attack the heterosexual model itself and seek to show that a society that insists on such a model is unjust. Neither of these strategies is wholly satisfactory. The formal equality model will fail to bring about fundamental reforms as long as sexual …


The Historical And Constitutional Significance Of The Impeachment And Trial Of President Clinton, Michael J. Gerhardt Jan 2000

The Historical And Constitutional Significance Of The Impeachment And Trial Of President Clinton, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Save The Marriage Before (Not After) The Ceremony: The Marriage Preparation Act - Can We Have A Public Response To A Private Problem, Lundy Langston Jan 2000

Save The Marriage Before (Not After) The Ceremony: The Marriage Preparation Act - Can We Have A Public Response To A Private Problem, Lundy Langston

Journal Publications

Two individuals meet, engage in an intimate, not necessarily sexual, relationship and marry. The two join in a union with the promise to spend the remainder of their natural lives together. But forever is not forever. On a national level, over 50 percent of marriages end in divorce.' Perhaps marriage vows should include a statement about the inevitability of divorce. States' divorce laws vary, from faultbased, to no-fault, to a statutory period of separation. Some states recently made it easier for individuals to be granted a divorce. Reasons for making it easier to end marriages could have been related to …


Convenient Shorthand: The Supreme Court And The Language Of State Sovereignty, Benjamin Priester, H. Jefferson Powell Jan 2000

Convenient Shorthand: The Supreme Court And The Language Of State Sovereignty, Benjamin Priester, H. Jefferson Powell

Journal Publications

Recent Supreme Court decisions have dramatically underscored the significance of the states as vital entities within the United States constitutional system. The Court has repeatedly protected the states' political and legal integrity against congressional conscription' and federal court litigation. In addition, the Court has broadened the effective range of state autonomy through its revival of content-based limitations on the scope of Congress's delegated powers. This recent wave of federalism has generated opinions that often seem to turn on The problem with this principle of respect for state sovereignty is that its meaning is not self-evident. The states plainly are not …


How Constitutional Law Casebooks Perpetuate The Myth Of Judicial Supremacy, Neal Devins Jan 2000

How Constitutional Law Casebooks Perpetuate The Myth Of Judicial Supremacy, Neal Devins

Faculty Publications

No abstract provided.


Ambition's Playground, Paul E. Mcgreal Jan 2000

Ambition's Playground, Paul E. Mcgreal

Fordham Law Review

No abstract provided.


The Bill Of Rights And The Constitution: Facing The Challenge Of The Future, Stephen Wermiel Jan 2000

The Bill Of Rights And The Constitution: Facing The Challenge Of The Future, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The Imprint Of Kosovo On International Law, Diane Orentlicher Jan 2000

The Imprint Of Kosovo On International Law, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Resolving Tensions Between Copyright And The Internet, Walter Effross Jan 2000

Resolving Tensions Between Copyright And The Internet, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.


State Immunity, Political Accountability, And Alden V. Maine, William P. Marshall, Jason S. Cowart Jan 2000

State Immunity, Political Accountability, And Alden V. Maine, William P. Marshall, Jason S. Cowart

Faculty Publications

No abstract provided.


The Special Constitutional Structure Of The Federal Impeachment Process, Michael J. Gerhardt Jan 2000

The Special Constitutional Structure Of The Federal Impeachment Process, Michael J. Gerhardt

Faculty Publications

No abstract provided.


What Is The Matter With Equality?: An Assessment Of The Equal Treatment Of Religion And Non-Religion In First Amendment Jurisprudence, William P. Marshall Jan 2000

What Is The Matter With Equality?: An Assessment Of The Equal Treatment Of Religion And Non-Religion In First Amendment Jurisprudence, William P. Marshall

Faculty Publications

No abstract provided.