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Articles 2041 - 2070 of 3004
Full-Text Articles in Law
Too Early For A Requiem: Warren And Brandeis Were Right On Privacy Vs. Free Speech, Ruth Gavison
Too Early For A Requiem: Warren And Brandeis Were Right On Privacy Vs. Free Speech, Ruth Gavison
South Carolina Law Review
No abstract provided.
United States V. Morison: A Threat To The First Amendment Right To Publish National Security Information, David H. Topol
United States V. Morison: A Threat To The First Amendment Right To Publish National Security Information, David H. Topol
South Carolina Law Review
No abstract provided.
Peremptory Challenges: Edmonson V. Leesville Concrete Co. And The Batson Motion In Civil Litigation, Michael V. Hammond
Peremptory Challenges: Edmonson V. Leesville Concrete Co. And The Batson Motion In Civil Litigation, Michael V. Hammond
South Carolina Law Review
No abstract provided.
Federalism And Supremacy: Control Of State Judicial Decision-Making, Margaret G. Stewart
Federalism And Supremacy: Control Of State Judicial Decision-Making, Margaret G. Stewart
All Faculty Scholarship
No abstract provided.
The Relevance Of Time To The Relationship Between The Philosophy Of The Limit And Systems Theory, Drucilla Cornell
The Relevance Of Time To The Relationship Between The Philosophy Of The Limit And Systems Theory, Drucilla Cornell
Cardozo Law Review
No abstract provided.
Open Justice In A Closed Legal System?, Bernhard Schlink
Open Justice In A Closed Legal System?, Bernhard Schlink
Cardozo Law Review
No abstract provided.
Sociological Theory In The Absence Of People: The Limits Of Luhmann’S Systems Theory, Alan Wolfe
Sociological Theory In The Absence Of People: The Limits Of Luhmann’S Systems Theory, Alan Wolfe
Cardozo Law Review
No abstract provided.
Natural Rights, Positivism And The Ninth Amendment: A Response To Mcaffee, Steven J. Heyman
Natural Rights, Positivism And The Ninth Amendment: A Response To Mcaffee, Steven J. Heyman
All Faculty Scholarship
No abstract provided.
Adam, Eve And The First Amendment: Some Thoughts On The Obscene As Sacred, Sheldon Nahmod
Adam, Eve And The First Amendment: Some Thoughts On The Obscene As Sacred, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
The Revitalization Of The Common-Law Civil Writ Of Audita Querela As A Post-Conviction Remedy In Criminal Cases: The Immigration Context And Beyond, Ira Robbins
Scholarly Articles in Law Reviews & Journals
Introduction: An alien lawfully enters the United States in 1972. He gets a job, gets married, and becomes a productive worker in the community. He is subsequently convicted of a felony, such as making false statements on a loan application. As a result, the Immigration and Naturalization Service (INS) brings deportation proceedings against him. The individual will seek any means possible to vacate the conviction, in order to stay in this country.' This Article explores whether the writ of audita querela. primarily used to provide post-judgment relief in civil cases at common law, can be used to challenge criminal …
Constitutional Law - Reining In Patronage By Saying No To Government Employers Seeking To Assert The Political Exception Doctrine In The Elrod/Branti Analysis, Mark W. Helwig
Villanova Law Review (1956 - )
No abstract provided.
United States Supreme Court: 1990-91 Term, Paul C. Giannelli
United States Supreme Court: 1990-91 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
United States Supreme Court: 1991-92 Term, Paul C. Giannelli
United States Supreme Court: 1991-92 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
Constitutional Law - Filling Senatorial Vacancies, Michael B. Novakovic
Constitutional Law - Filling Senatorial Vacancies, Michael B. Novakovic
Villanova Law Review (1956 - )
No abstract provided.
What Is Behind The "Property Rights" Debate?, John A. Humbach
What Is Behind The "Property Rights" Debate?, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
Lucas v. South Carolina Coastal Council' obviously presents issues that range far more broadly than just whether people should be allowed to build on beaches and dunes. Many observers have viewed the case as a splendid opportunity for the Supreme Court to re-establish private owner autonomy in land use decisions - to cut down, perhaps drastically, on elected legislatures' traditional power to protect the environment by regulating uses of land. Behind the "property rights" debate is the question of whether states and communities really ought to have the power that they have traditionally had to control the development and patterns …
When “Special Needs” Meet Probable Cause: Denying The Devil Benefit Of Law, Gerald S. Reamey
When “Special Needs” Meet Probable Cause: Denying The Devil Benefit Of Law, Gerald S. Reamey
Faculty Articles
Removing laws to pursue the lawbreaker may be well intentioned, but the result is that society is susceptible to the evils those laws protect against. The traditional Fourth Amendment safeguards--probable cause and warrants--have been abandoned due to the development of a reasonableness standard because of the presence of “special needs” that were used to justify searches. The adoption of this alternative approach to Fourth Amendment interpretation was signalled by the truly landmark case of Terry v. Ohio.
By adopting the “reasonableness” analysis, the Supreme Court altered the impact of the exclusionary rule without directly modifying the rule. After Griffin v. …
Divided Justice: A Commentary On The Nomination And Confirmation Of Justice Thomas, Michael J. Gerhardt
Divided Justice: A Commentary On The Nomination And Confirmation Of Justice Thomas, Michael J. Gerhardt
Faculty Publications
No abstract provided.
The Left, The Right, And Certainty In Constitutional Law, Gene R. Nichol Jr.
The Left, The Right, And Certainty In Constitutional Law, Gene R. Nichol Jr.
Faculty Publications
No abstract provided.
Lessons Of Founding Fatherhood, Neal Devins
Refocusing The New Evidence Scholarship, Terence J. Anderson
Refocusing The New Evidence Scholarship, Terence J. Anderson
Cardozo Law Review
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 …
My Pizza With Ninó, Alex Kozinski
The Use Of Legislative History In Treaty Interpretation: The Dual Treaty Approach, Malvina Halberstam
The Use Of Legislative History In Treaty Interpretation: The Dual Treaty Approach, Malvina Halberstam
Cardozo Law Review
No abstract provided.
Tradition, Precedent, And Justice Scalia, David A. Strauss
Tradition, Precedent, And Justice Scalia, David A. Strauss
Cardozo Law Review
No abstract provided.
Scalia And The Dormant Commerce Clause: A Foolish Formalism?, Mark V. Tushnet
Scalia And The Dormant Commerce Clause: A Foolish Formalism?, Mark V. Tushnet
Cardozo Law Review
No abstract provided.
Putting The Dormancy Doctrine Out Of Its Misery, Richard D. Friedman
Putting The Dormancy Doctrine Out Of Its Misery, Richard D. Friedman
Cardozo Law Review
No abstract provided.
Justice Scalia And The Commerce Clause: Reflections Of A State Tax Lawyer, Walter Hellerstein
Justice Scalia And The Commerce Clause: Reflections Of A State Tax Lawyer, Walter Hellerstein
Cardozo Law Review
No abstract provided.
Judging In The Good Society: A Comment On The Jurisprudence Of Justice Scalia, Stephen Wizner
Judging In The Good Society: A Comment On The Jurisprudence Of Justice Scalia, Stephen Wizner
Cardozo Law Review
No abstract provided.
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 …
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.