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Articles 2131 - 2160 of 3004
Full-Text Articles in Law
Constitutional Law - Preemption - Federal Preemption Of Common-Law Claims Of Unjust Discrimination During Exemption Of Rail Transportation From Regulation Under Staggers Rail Act, William A. Threadgill
Constitutional Law - Preemption - Federal Preemption Of Common-Law Claims Of Unjust Discrimination During Exemption Of Rail Transportation From Regulation Under Staggers Rail Act, William A. Threadgill
Villanova Law Review (1956 - )
No abstract provided.
Unsafe Havens: The Case For Constitutional Protection Of Foster Children From Abuse And Neglect, Michael B. Mushlin
Unsafe Havens: The Case For Constitutional Protection Of Foster Children From Abuse And Neglect, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications
The six sections of this Article present the case for direct federal court involvement in aiding foster children who are at risk of abuse and neglect while in foster care. Section I discusses the extent of abuse and neglect in foster care as well as the structural causes of this maltreatment. It also explains the inevitable failure of the political branches of government to confront the problem. Section II describes the constitutional right to safety and surveys the judicial treatment of that right, including the lack of development of the right for children in foster care. Section III discusses differences …
U.S. Supreme Court: The 1987-88 Term (Part Ii), Paul C. Giannelli
U.S. Supreme Court: The 1987-88 Term (Part Ii), Paul C. Giannelli
Faculty Publications
No abstract provided.
Is Disparity A Problem?, Michael Wells
Is Disparity A Problem?, Michael Wells
Scholarly Works
Part I describes aspects of the historical and doctrinal background of judicial federalism. Part II examines the Court's treatment of the parity issue and shows how the Court's ambiguity permits both sides of the debate to avoid revealing their true objectives. Part III demonstrates that some, but not all, of the allocation doctrine can be explained in terms of a conflict between the plaintiff's litigating interest and the state's interest in maintaining the integrity of the state judicial process. A significant body of cases, however, does not fall within this framework. In these cases the Court seems to prefer state …
The Constitution Between Friends, Neal Devins
The Constitution Between Friends, Neal Devins
Faculty Publications
No abstract provided.
The Ninth Amendment And The Unwritten Constitution: The Problems Of Constitutional Interpretation, Andrzej Rapaczynski
The Ninth Amendment And The Unwritten Constitution: The Problems Of Constitutional Interpretation, Andrzej Rapaczynski
Faculty Scholarship
This article is about two things; one general, the other specific. The general point is about the nature of interpretation and of the constraints that the text places on interpretation. The specific is about the ninth amendment.
My general claim about interpretation is that no textual provision by itself seriously constrains how it is going to be interpreted. This, I argue, is true not just about the open-ended provisions like the ninth amendment, but quite generally, about all textual provisions. The fact that no text by itself constrains interpretation, however, does not mean that interpretation is unconstrained; only that constraints …
The Dilution Of The First Amendment And The Equality Of Ideas, William P. Marshall
The Dilution Of The First Amendment And The Equality Of Ideas, William P. Marshall
Faculty Publications
No abstract provided.
The American Constitutional Tradition Of Shared And Separated Powers (Introduction), Gene R. Nichol Jr.
The American Constitutional Tradition Of Shared And Separated Powers (Introduction), Gene R. Nichol Jr.
Faculty Publications
No abstract provided.
California V. Greenwood, Lewis F. Powell Jr.
California V. Greenwood, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Honig V. Doe, Lewis F. Powell Jr.
Constitutional Law, S. Tate Lester Iii
Constitutional Law, S. Tate Lester Iii
South Carolina Law Review
No abstract provided.
Practice And Procedure, Elizabeth Leigh Mullikin
Practice And Procedure, Elizabeth Leigh Mullikin
South Carolina Law Review
No abstract provided.
Introduction To 1787: The Constitution In Persepective, Gene R. Nichol
Introduction To 1787: The Constitution In Persepective, Gene R. Nichol
William & Mary Law Review
No abstract provided.
The Concept Of Tradition In Constitutional Historiography, Mark Tushnet
The Concept Of Tradition In Constitutional Historiography, Mark Tushnet
William & Mary Law Review
No abstract provided.
The Ambiguities Of Pledging Faith, H. Jefferson Powell
The Ambiguities Of Pledging Faith, H. Jefferson Powell
William & Mary Law Review
No abstract provided.
Protecting The Right To Criticize Government: A Proposal For A Symmetry Of Defamation Privileges, Paul A. Lebel
Protecting The Right To Criticize Government: A Proposal For A Symmetry Of Defamation Privileges, Paul A. Lebel
Popular Media
No abstract provided.
Preface, Monroe E. Price
Foreword, David Rudenstine
Why The United States Senate Should Not Consent To The Nomination Of Judge Robert H. Bork To Be A Justice Of The Supreme Court, Philip B. Heymann, Fred Wertheimer
Why The United States Senate Should Not Consent To The Nomination Of Judge Robert H. Bork To Be A Justice Of The Supreme Court, Philip B. Heymann, Fred Wertheimer
Cardozo Law Review
No abstract provided.
The Compelling Case Against Robert H. Bork, Stephen Gillers
The Compelling Case Against Robert H. Bork, Stephen Gillers
Cardozo Law Review
No abstract provided.
The First Amendment Jurisprudence Of Judge Robert H. Bork, Michael W. Mcconnell
The First Amendment Jurisprudence Of Judge Robert H. Bork, Michael W. Mcconnell
Cardozo Law Review
No abstract provided.
Robert H. Bork's Civil Rights Record, Gary B. Born
Robert H. Bork's Civil Rights Record, Gary B. Born
Cardozo Law Review
No abstract provided.
The Bork Nomination, Ronald M. Dworkin
The Paradox In Bork's Antitrust Paradox, Leonard Orland
The Paradox In Bork's Antitrust Paradox, Leonard Orland
Cardozo Law Review
No abstract provided.
Bork: The Transformation Of A Conservative Constitutionalist, Philip B. Kurland
Bork: The Transformation Of A Conservative Constitutionalist, Philip B. Kurland
Cardozo Law Review
No abstract provided.
Judge Robert H. Bork's Decisions In Which He Wrote No Opinion: An Analysis Of The Regulatory And Benefit Cases, Robert A. Anthony
Judge Robert H. Bork's Decisions In Which He Wrote No Opinion: An Analysis Of The Regulatory And Benefit Cases, Robert A. Anthony
Cardozo Law Review
No abstract provided.
A Speech On The Bicentennial Of The Drafting Of The U.S. Constitution, Arthur R. Landever
A Speech On The Bicentennial Of The Drafting Of The U.S. Constitution, Arthur R. Landever
Law Faculty Presentations and Testimony
Arthur Landever discusses why we celebrate the Constitution on Constitution Day.
Federalism: The Founders' Design, Jeremy M. Miller
Federalism: The Founders' Design, Jeremy M. Miller
West Virginia Law Review
No abstract provided.
Hawaii And The United States Supreme Court: Three Cases On Law, History, And The United States Constitution, William E. H. Tagupa
Hawaii And The United States Supreme Court: Three Cases On Law, History, And The United States Constitution, William E. H. Tagupa
Pacific Studies
No abstract provided.
Taking Federalism Seriously, Mitchell E. Daniels Jr., Alex Dimitrief
Taking Federalism Seriously, Mitchell E. Daniels Jr., Alex Dimitrief
Articles & Chapters
No abstract provided.