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Articles 1 - 30 of 56
Full-Text Articles in Law
The Locus Of Sovereignty: Judicial Review, Legislative Supremacy, And Federalism In The Constitutional Traditions Of Canada And The United States, Calvin R. Massey
The Locus Of Sovereignty: Judicial Review, Legislative Supremacy, And Federalism In The Constitutional Traditions Of Canada And The United States, Calvin R. Massey
Duke Law Journal
No abstract provided.
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Faculty Scholarship
This Essay is an effort to construct a normative basis for a constitutional theory to resist the Supreme Court's recent decision in DeShaney v. Winnebago County Department of Social Services.1 In DeShaney, the Court decided that a local social service worker's failure to prevent child abuse did not violate the due process clause of the fourteenth amendment even though the social worker "had reason to believe" the abuse was occurring. 2 Chief Justice Rehnquist's opinion for the Court held that government inaction cannot violate due process unless the state has custody of the victim, 3 thus settling a controversial …
The Success Of Constitutionalism In The United States And Its Failure In Latin America: An Explanation, Keith S. Rosenn
The Success Of Constitutionalism In The United States And Its Failure In Latin America: An Explanation, Keith S. Rosenn
University of Miami Inter-American Law Review
No abstract provided.
Constitutional Law, Weston Adams Iii, Michael V. Hammond
Constitutional Law, Weston Adams Iii, Michael V. Hammond
South Carolina Law Review
No abstract provided.
The Reunification Of Germany: Comments On A Legal Maze, Jutta Brunnée
The Reunification Of Germany: Comments On A Legal Maze, Jutta Brunnée
Dalhousie Law Journal
In its Preamble, the Basic Law - the constitution - of the Federal Republic of Germany declares itself a transitional order put in place until all Germans can freely decide to live in a reunified Germany. The Preamble is evidence of both history and aspirations of the western part of Germany that emerged from the Second World War. It is now one of the legal foundations for an event that only a year ago few thought was possible: the merging of the German Democratic Republic and the Federal Republic of Germany into one German state. In its preamble and in …
The Constitution And The Civil Law, Francis Delpérée
The Constitution And The Civil Law, Francis Delpérée
Louisiana Law Review
No abstract provided.
Alaska Supreme Court Year In Review 1989, Douglas S. Phillips, F. Brian Schneiderman, Agustin D. Diodati
Alaska Supreme Court Year In Review 1989, Douglas S. Phillips, F. Brian Schneiderman, Agustin D. Diodati
Alaska Law Review
No abstract provided.
Constitutional Cultures: The Mentality And Consequences Of Judicial Review, Leonard P. Strickman
Constitutional Cultures: The Mentality And Consequences Of Judicial Review, Leonard P. Strickman
Northern Illinois University Law Review
In this book review, Professor Strickman concludes that, overall, Robert Nagel has produced a thought-provoking book that endorses judicial self-restraint by the United States Supreme Court. Although this review challenges some of Nagel's assertions, Strickman maintains this book should be a valuable addition to the libraries of constitutional law scholars.
Freedom Of Economic Activities And The Right To Property, Matsuo Nakamura
Freedom Of Economic Activities And The Right To Property, Matsuo Nakamura
Law and Contemporary Problems
No abstract provided.
Article Nine Of Japan’S Constitution: From Renunciation Of Armed Force “Forever” To The Third Largest Defense Budget In The World, James E. Auer
Article Nine Of Japan’S Constitution: From Renunciation Of Armed Force “Forever” To The Third Largest Defense Budget In The World, James E. Auer
Law and Contemporary Problems
No abstract provided.
Comment , Kazuyuki Takahashi
Crises In The Ussr: Are The Constitutional And Legislative Changes Enough
Crises In The Ussr: Are The Constitutional And Legislative Changes Enough
Cornell International Law Journal
No abstract provided.
Comment, Hiroyuki Hata
Rights Of The Criminally Accused, B. J. George Jr.
Rights Of The Criminally Accused, B. J. George Jr.
Law and Contemporary Problems
No abstract provided.
Comment, Margaret Mckean
Comment, Frank K. Upham
Comment, Yasuhiro Okudaira
The Ripple Effects Of Slaughter-House: A Critique Of A Negative Rights View Of The Constitution, Michael J. Gerhardt
The Ripple Effects Of Slaughter-House: A Critique Of A Negative Rights View Of The Constitution, Michael J. Gerhardt
Vanderbilt Law Review
Upon seeing Niagara Falls for the first time, Oscar Wilde reportedly remarked that it "would be more impressive if it flowed the other way." I have a similar reaction to a series of narrow Supreme Court interpretations of the fourteenth amendment, beginning with the Slaughter-House Cases, decided in 1872, and extending to the 1989 decisions in Webster v. Reproductive Health Services and DeShaney v. Winnebago County Department of Social Services. In Slaughter-House the Court interpreted the privileges or immunities clause of the fourteenth amendment as merely protecting interests other federal laws already protected, while recently the Court interpreted the due …
Justice Scalia’S Use Of Sources In Statutory And Constitutional Interpretation: How Congress Always Loses, Arthur Stock
Justice Scalia’S Use Of Sources In Statutory And Constitutional Interpretation: How Congress Always Loses, Arthur Stock
Duke Law Journal
No abstract provided.
Are Courts Competent To Decide Competency Questions? Stripping The Facade From United States V. Charters, Michael L. Perlin
Are Courts Competent To Decide Competency Questions? Stripping The Facade From United States V. Charters, Michael L. Perlin
Articles & Chapters
No abstract provided.
The Evolution Of The Limitation Clause, Janet Hiebert
The Evolution Of The Limitation Clause, Janet Hiebert
Osgoode Hall Law Journal
The evolution of the limitation clause reveals a rigorous and changing political discourse about the nature of rights and limitations. While the larger issue in the entrenchment debate focussed on whether legislatures or courts were best suited to protect Canadians' interests, a fundamental concern underlying the debate was the scope of permissible limitations on protected rights. Many commentators argued that an explicit limitation clause was not necessary because courts would fashion the appropriate limits on rights. Provincial and federal drafters, however, rejected the assumption implicit in this suggestion: that the Charter was to provide an exhaustive statement of all values …
Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman
Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman
Scholarly Works
No abstract provided.
Indeterminacy And Incommensurability In Constitutional Law, Steven L. Winter
Indeterminacy And Incommensurability In Constitutional Law, Steven L. Winter
Law Faculty Research Publications
Progressive constitutional scholarship has yet fully to confront the implications of the conservative shift in constitutional law. Liberal critics continue to seek governing constitutional theories with which to constrain decisionmaking by judges of a notably different mind. Other, more radical scholars employ the indeterminacy and "law is politics" critiques in a more open attempt at displacement. Neither approach is viable, however. Each presumes the primacy of the autonomous, self-directing subject; each resists recognition of the situated nature of all human endeavor. This essay adopts the alternative strategy: exploring the implications of situatedness as they apply to the development, practice, and …
Comment, Dan Fenno Henderson
The Hermeneutics Of Sexual Order, Ali Khan
The Hermeneutics Of Sexual Order, Ali Khan
Ali Khan
The hermeneutics of sexual order explores sacred Christian texts and the US Constitution to explore permissive and prohibitive sexuality. The article argues that religious neurosis dictates prohibitive norms against certain expressions of human sexuality whereas consensualism defines free sexuality. The American attitudes toward human sexuality are determined through the combined forces of religious neurosis and consensual freedom. It appears that American sexuality is moving away from religious neurosis and embracing free sexuality, breaking away from traditional norms. (The author has repudiated some of the views expressed in this article; however, the article's descriptive portions are still valid).
Advice, Consent, And Influence, Robert F. Nagel
The Committee Of Constitutional Supervision Of The Ussr, Herbert Hausmaninger
The Committee Of Constitutional Supervision Of The Ussr, Herbert Hausmaninger
Cornell International Law Journal
No abstract provided.
Foreword, Percy R. Luney Jr.
Rule Of Law And Due Process: A Comparative View Of The United States And Japan, Noriho Urabe
Rule Of Law And Due Process: A Comparative View Of The United States And Japan, Noriho Urabe
Law and Contemporary Problems
No abstract provided.