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Constitutional Law

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Articles 2221 - 2250 of 3004

Full-Text Articles in Law

Why Professor Redish Is Wrong About Abstention, Michael Wells Jul 1985

Why Professor Redish Is Wrong About Abstention, Michael Wells

Scholarly Works

Most critics of the Supreme Court's abstention doctrines have attacked the substantive merits of rules that channel constitutional litigation away from federal courts and into state courts instead. In a recent article, Martin Redish raises an interesting objection to abstention from a different perspective. He addresses the institutional legitimacy of the rules and contends that whatever their merits, rules like these should be made only by Congress and not the Supreme Court, for they contravene Congress' intent to grant federal courts jurisdiction over constitutional claims against state actors. Part I of this article describes the context in which the choice …


Buchanan Letter Regarding Supreme Court July 1985, Patrick J. Buchanan Jun 1985

Buchanan Letter Regarding Supreme Court July 1985, Patrick J. Buchanan

Historical and Topical Legal Documents

No abstract provided.


"We The People": John Locke, Collective Constitutional Rights, And Standing To Challenge Government Action, Donald L. Doernberg Jan 1985

"We The People": John Locke, Collective Constitutional Rights, And Standing To Challenge Government Action, Donald L. Doernberg

Elisabeth Haub School of Law Faculty Publications

The Article is presented in three Parts. Part I documents the enormous effect that Locke's political philosophy had on the Constitution's Framers and traces the idea of collective rights through Locke's Second Treatise, showing how Locke viewed government as a trustee and society as the settlor-beneficiary that forms and gives legitimacy to the government. Part II reviews the development of the current doctrine of standing and demonstrates how the current standing model creates a class of cases where government may, with impunity, violate the Constitution. Part III demonstrates the anomaly of the Supreme Court's current doctrine in a society founded …


Constitutional Citizenship, Paul Brest Jan 1985

Constitutional Citizenship, Paul Brest

Cleveland State Law Review

Our practices for determining issues of public morality are deeply flawed. We rely too heavily on the Supreme Court of the United States to determine them for us. We give too much responsibility to the Court, and too little to other institutions; we evade our own responsibility as citizens in a democratic polity. The problem is not that too many issues are "constitutionalized," for many of our most important public moral issues are quite properly treated as constitutional questions. The problem, rather, is that we assume that only the Court is authorized to decide, or is capable of deciding, constitutional …


Fairness After The Charter: A Rose By Any Other Name?, A. Wayne Mackay Jan 1985

Fairness After The Charter: A Rose By Any Other Name?, A. Wayne Mackay

Articles, Book Chapters, & Popular Press

On at least a short term basis the Charter of Rights and Freedoms has made a significant dent in the Canadian legal landscape. Not only has it produced a veritable cottage industry for practising lawyers and legal academics - it has raised some of the most fundamental questions about which institutions should shape public policy in Canada. The courts have a bold new mandate to measure the acts of the legislative and executive branches of the government against the new standards of the Charter. When these agencies are found wanting, they are to be checked and their illegal actions invalidated. …


The History Of Statutory Interpretation: A Study In Form And Substance, William S. Blatt Jan 1985

The History Of Statutory Interpretation: A Study In Form And Substance, William S. Blatt

Cardozo Law Review

No abstract provided.


Commentary, Ralph Michael Stein Jan 1985

Commentary, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

During the past year, the Court of Appeals for the Second Circuit decided a number of significant appeals involving constitutional issues. As is generally the case, most of the issues presented to the Second Circuit were also under judicial scrutiny in other federal appellate courts. Four first amendment cases decided by the court—three dealing primarily with freedom of religion and a fourth with freedom of the press—are particularly noteworthy and merit review.


The "Facts" Of Federal Subject Matter Jurisdiction, William P. Marshall Jan 1985

The "Facts" Of Federal Subject Matter Jurisdiction, William P. Marshall

Faculty Publications

No abstract provided.


The Transformation Of The Fourteenth Amendment: Reflections From The Admission Of Maryland's First Black Lawyers, David S. Bogen Jan 1985

The Transformation Of The Fourteenth Amendment: Reflections From The Admission Of Maryland's First Black Lawyers, David S. Bogen

Faculty Scholarship

October 10, 1985, was the one hundredth anniversary of the admission to the bar of the Supreme Bench of Baltimore City of Everett J. Waring, the first black lawyer admitted to practice before the state courts in Maryland. This article explores the efforts of African-American lawyers to establish the right to practice law in Maryland and their role in the larger struggle for political and civil rights.


Constitutional Law: Roemhild V. State And State V. Popanz: Their Effect On The Constitutionality Of Oklahoma's Compulsory Education Statute, Robert B. Caput Jan 1985

Constitutional Law: Roemhild V. State And State V. Popanz: Their Effect On The Constitutionality Of Oklahoma's Compulsory Education Statute, Robert B. Caput

Oklahoma Law Review

No abstract provided.


Constitutional Law: Roemhild V. State And State V. Popanz: Their Effect On The Constitutionality Of Oklahoma's Compulsory Education Statute, Robert B. Caput Jan 1985

Constitutional Law: Roemhild V. State And State V. Popanz: Their Effect On The Constitutionality Of Oklahoma's Compulsory Education Statute, Robert B. Caput

Oklahoma Law Review

No abstract provided.


Jury Trial Right Under Title Vii: The Need For Judicial Reinterpretation, Vincenza G. Aversano, Karen M. Kalikow, Lisa S. Presser Jan 1985

Jury Trial Right Under Title Vii: The Need For Judicial Reinterpretation, Vincenza G. Aversano, Karen M. Kalikow, Lisa S. Presser

Cardozo Law Review

No abstract provided.


Sex, Power And Silliness: An Essay On Ackerman's Reconstructing American Law, Alan D. Freeman, John H. Schlegel Jan 1985

Sex, Power And Silliness: An Essay On Ackerman's Reconstructing American Law, Alan D. Freeman, John H. Schlegel

Cardozo Law Review

No abstract provided.


Taking Hegel Seriously: Reflections On Beyond Objectivism And Relativism, Drucilla Cornell Jan 1985

Taking Hegel Seriously: Reflections On Beyond Objectivism And Relativism, Drucilla Cornell

Cardozo Law Review

No abstract provided.


National Farmers Union Insurance Cos. V. Crow Tribe Of Indians, Lewis F. Powell Jr. Oct 1984

National Farmers Union Insurance Cos. V. Crow Tribe Of Indians, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Tennessee V. Garner, Lewis F. Powell Jr. Oct 1984

Tennessee V. Garner, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Sharpe, Lewis F. Powell Jr. Oct 1984

United States V. Sharpe, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Winston V. Lee, Lewis F. Powell Jr. Oct 1984

Winston V. Lee, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Hensley, Lewis F. Powell Jr. Oct 1984

United States V. Hensley, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


New Jersey V. T.L.O., Lewis F. Powell Jr. Oct 1984

New Jersey V. T.L.O., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


City Of Cleburne, Texas V. Cleburne Living Center Inc., Lewis F. Powell Jr. Oct 1984

City Of Cleburne, Texas V. Cleburne Living Center Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


School Committee Of The Town Of Burlington V. Department Of Education Of Massachusetts, Lewis F. Powell Jr. Oct 1984

School Committee Of The Town Of Burlington V. Department Of Education Of Massachusetts, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Montana V. Blackfeet Tribe Of Indians, Lewis F. Powell Jr. Oct 1984

Montana V. Blackfeet Tribe Of Indians, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


In The Supreme Court's Shadow: Legitimacy Of State Rejection Of Supreme Court Reasoning And Result, Robert F. Williams Apr 1984

In The Supreme Court's Shadow: Legitimacy Of State Rejection Of Supreme Court Reasoning And Result, Robert F. Williams

South Carolina Law Review

No abstract provided.


The Political Question Doctrine In State Courts, Nat S. Stern Apr 1984

The Political Question Doctrine In State Courts, Nat S. Stern

South Carolina Law Review

No abstract provided.


U.S. Supreme Court: The 1983-84 Term, Paul C. Giannelli Jan 1984

U.S. Supreme Court: The 1983-84 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.


Rethinking Selective Enforcement In The First Amendment Context, Karl S. Coplan Jan 1984

Rethinking Selective Enforcement In The First Amendment Context, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

This Note argues for the use of a balancing-of-interests approach in place of the current two-part test when enforcement policies are challenged on first amendment grounds. The Note begins by explaining the current two-part test and analyzing how it conflicts with other first amendment doctrines. Next, an inquiry into the development of current law reveals that the origins of both the selective prosecution defense and its motive requirement lie in equal protection review of administrative action. These roots suggest a defect in the application of an equal protection test in place of a direct application of the first amendment. The …


Constitutional Law—Fifth Amendment—A Clarification Of The Analysis For Takings—Loretto V. Teleprompter Manhattan Catv Corp., Robert A. Furman Jan 1984

Constitutional Law—Fifth Amendment—A Clarification Of The Analysis For Takings—Loretto V. Teleprompter Manhattan Catv Corp., Robert A. Furman

NYLS Law Review

No abstract provided.


Rethinking Standing, Gene R. Nichol Jr. Jan 1984

Rethinking Standing, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.


Substantive Due Process And The Scope Of Constitutional Torts, Michael L. Wells, Thomas A. Eaton Jan 1984

Substantive Due Process And The Scope Of Constitutional Torts, Michael L. Wells, Thomas A. Eaton

Scholarly Works

The thesis of this Article is that both the Supreme Court and its critics have failed to identify and confront the central issue presented by these due process constitutional tort cases. That issue is neither procedural fairness nor the choice between state and federal courts. It is deciding whether a government-inflicted injury to life, liberty, or property violates the substantive protections of the due process clauses and thereby warrants a constitutionally derived tort remedy. In Part II of this Article we examine the Supreme Court's decisions in this area, focusing primarily on Parratt v. Taylor. We demonstrate that neither Parratt …