Law Commons^™

The Sacred Flag And The First Amendment, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.

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

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 Resolution Of The Conflict Between First Amendment Speech Analysis And The Commercial Speech Doctrine, Sheila Mcvey Mangan

Villanova Law Review (1956 - )

No abstract provided.

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

Villanova Law Review (1956 - )

No abstract provided.

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

Villanova Law Review (1956 - )

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 …

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.

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 …

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

Faculty Publications

No abstract provided.

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

Faculty Publications

No abstract provided.

A Reconsideration Of The Relevance And Materiality Of The Preamble In Constitutional Interpretation, Milton Handler, Brian Leiter, Carole E. Handler

Cardozo Law Review

No abstract provided.

Passive Communication In Public Fora: The Case For First Amendment Protection Of Newsracks, Sandra L. Cobden

Cardozo Law Review

No abstract provided.

The Ideality Of Difference: Toward Objectivity In Legal Interpretation, Alan Brudner

Cardozo Law Review

No abstract provided.

Speaking And Writing Against Hate, Martha Minow

Cardozo Law Review

No abstract provided.

On The Critical Tribunal, Stephen Watson

Cardozo Law Review

No abstract provided.

Resisting Theory, Jonathan Culler

Cardozo Law Review

No abstract provided.

Tradition, Betrayal, And The Politics Of Deconstruction, J. M. Balkin

Cardozo Law Review

No abstract provided.

Imprisoned For Membership: The Junius Scales Case, Sandra L. Cobden, James A. Rogers, David Rudenstine

Cardozo Law Review

No abstract provided.

From Parratt To Zinermon: Authorization, Adequacy, And Immunity In A Systematic Analysis Of State Procedure, Daniel S. Feder

Cardozo Law Review

No abstract provided.

Privacy, Family, And Medicial Decision Making For Persistant Vegetative Patients, Steven M. Weiner

Cardozo Law Review

No abstract provided.

Whose Womb Is It Anyway: Are Paternal Rights Alive And Well Despite Danforth?, Ruth H. Axelrod

Cardozo Law Review

No abstract provided.

Constitutional Law - Issues Involved In The Dismissal Of Police Officers Based On Refusal To Submit To Drug Urinalysis Testing, Mark T. Buchinsky

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - First Amendment - Federal Requirement That Cattle Producers Fund Statutorily Created Cattlemen's Board And Beef Promotion Operating Committee Does Not Violate Free Speech Or Associational Rights, Paul Snitzer

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - The Effect Of A Statutory Medical Malpractice Damage Cap On Seventh Amendment Right To A Jury Trial, Scott Lang

Villanova Law Review (1956 - )

No abstract provided.

Gideon V. Wainwright Revisited: What Does The Right To Counsel Guarantee Today?, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

In Gideon v. Wainwright, the Supreme Court unanimously held that indigent state felony defendants are constitutionally entitled to the appointment of trial counsel. The opinion aroused wide support, and even enthusiasm, almost from the moment it was announced in 1963. Two and a half decades later this support has not diminished. However, are the words of praise only lip service to the noble idea of the right to counsel? Has Gideon really made a difference? Has its promise of a fair shake for poor criminal defendants been kept, or has Gideon meant only that defendants are provided with the fleeting …

Clergy Malpractice: A Constitutional Approach, James K. Lehman

South Carolina Law Review

No abstract provided.

The Union At Risk: Jacksonian Democracy, States Rights And The Nullification Crisis, Gerard V. Bradley

Journal Articles

Richard E. Ellis, The Union at Risk. Jacksonian Democracy, States Rights and the Nullification Crisis, Oxford: Oxford University Press, 1987. Pp. xi, 279. $32.50 (ISBN: 0-19-503785-5).

From the Review

In a widely reported address at Tulane University in October 1986, Attorney General Edwin Meese chastised the Supreme Court for its habitual conflation of constitutional law and the Constitution.

Meese is no intellectual, and his remarks were not intended as academic musings; thus, the speech may have been appropriately judged from a political perspective, condemned by liberals and applauded by conservatives for roughly the same reasons. Unfortunately obscured by the …

Tribe's "Jurisprudence Of The Religion Clauses", Gerard V. Bradley

Journal Articles

Laurence Tribe has usefully been described as a constitutional apologist for liberal political causes. His conspicuous opposition to the nomination of Judge Robert Bork to the Supreme Court and his imaginative defenses of Roe v. Wade have fueled that image. Tribe's "jurisprudence of the religion clauses" both confounds and complicates the picture. He sees no constitutional difficulty with public education vouchers, and defends the Catholic Church against "pro-choicers" who would strip its tax-exempt status because of the Bishops' "pro-life" activities. Tribe thinks that a public school moment-of-silence can be consistent with the Constitution and carves out a considerable zone of …