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Constitutional law

1999

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Institution
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Articles 1 - 30 of 57

Full-Text Articles in Law

Dale V. Boy Scouts Of America: New Jersey's Law Against Discrimination Weighs The Balance Between The First Amendment And The State's Compelling Interest In Eradicating Discrimination, Karen L. Dayton Dec 1999

Dale V. Boy Scouts Of America: New Jersey's Law Against Discrimination Weighs The Balance Between The First Amendment And The State's Compelling Interest In Eradicating Discrimination, Karen L. Dayton

Georgia State University Law Review

No abstract provided.


The Constitutionality Of Mandatory Public School Community Service Programs, Rodney A. Smolla Oct 1999

The Constitutionality Of Mandatory Public School Community Service Programs, Rodney A. Smolla

Law and Contemporary Problems

Constitutional challenges to community service programs may be divided into two generic types--those raised by students or parents who object to the requirement of community service, and those raised by students, parents, organizations, or agencies who object to the selection criteria used to include or exclude organizations or agencies eligible to participate in community service programs.


New Trends In Greek Contemporary Constitutional Theory: A Comment On The Interplay Between Reason And Will, Ioannis A. Tassopoulos Oct 1999

New Trends In Greek Contemporary Constitutional Theory: A Comment On The Interplay Between Reason And Will, Ioannis A. Tassopoulos

Duke Journal of Comparative & International Law

No abstract provided.


Reason And Will: A Comment, George C. Christie Oct 1999

Reason And Will: A Comment, George C. Christie

Duke Journal of Comparative & International Law

No abstract provided.


Globalization And Cultural Conflict In Developing Countries: The South African Example, Kevin D. Brown Oct 1999

Globalization And Cultural Conflict In Developing Countries: The South African Example, Kevin D. Brown

Indiana Journal of Global Legal Studies

No abstract provided.


More Sunshine In The Mountain State: The 1999 Amendments To The West Virginia Open Governmental Proceedings Act And Open Hospital Proceedings Act, Brian J. Caveney Sep 1999

More Sunshine In The Mountain State: The 1999 Amendments To The West Virginia Open Governmental Proceedings Act And Open Hospital Proceedings Act, Brian J. Caveney

West Virginia Law Review

No abstract provided.


United States V. Emerson: The Second Amendment As An Individual Right--Time To Settle The Issue, Scott A. Henderson Sep 1999

United States V. Emerson: The Second Amendment As An Individual Right--Time To Settle The Issue, Scott A. Henderson

West Virginia Law Review

No abstract provided.


Constitutional Law, Kevin O'Brien Jul 1999

Constitutional Law, Kevin O'Brien

South Carolina Law Review

No abstract provided.


Globalization In Search Of Justification: Toward A Theory Of Comparative Constitutional Interpretation, Sujit Choudhry Jul 1999

Globalization In Search Of Justification: Toward A Theory Of Comparative Constitutional Interpretation, Sujit Choudhry

Indiana Law Journal

No abstract provided.


The Charter Of Rights And Freedoms And The Rebalancing Of Liberal Constitutionalism In Canada, 1982-1997, James B. Kelly Jul 1999

The Charter Of Rights And Freedoms And The Rebalancing Of Liberal Constitutionalism In Canada, 1982-1997, James B. Kelly

Osgoode Hall Law Journal

This article presents a statistical analysis of the first 352 Charter of Rights and Freedoms decisions by the Supreme Court of Canada between 1982 and 1997. The author argues that the emerging approach to Charter review by the Supreme Court of Canada has led to a rebalancing of liberal constitutionalism and to a reconciliation between Charter rights and federalism. This stands in stark contrast to the highly activist approach to Charter review detected in studies by Morton, Russell, and Withey and, to a lesser extent, by Morton, Russell, and Riddell. Several factors illustrate the rebalancing of liberal constitutionalism in Canada. …


Kent Greenawalt, Criminal Responsibility, And The Supreme Court: How A Moderate Scholar Can Appear Immoderate Thirty Years Later, Joshua Dressler Jun 1999

Kent Greenawalt, Criminal Responsibility, And The Supreme Court: How A Moderate Scholar Can Appear Immoderate Thirty Years Later, Joshua Dressler

Notre Dame Law Review

No abstract provided.


Constitutional Authorship By The People, Frank I. Michelman Jun 1999

Constitutional Authorship By The People, Frank I. Michelman

Notre Dame Law Review

No abstract provided.


Changing Interpretations Of The Establishment Clause: Financial Support Of Religious Schools, Bryan D. Lemoine Jun 1999

Changing Interpretations Of The Establishment Clause: Financial Support Of Religious Schools, Bryan D. Lemoine

Missouri Law Review

In Wolman v. Walter, Justice Stevens voiced concem that the "'high and impregnable' wall between church and state, has been reduced to a 'blurred, indistinct, and variable barrier.' 2 The court had sacrificed predictability for flexibility? While this may be true in some areas of Establishment Clause jurisprudence, it is no longer true in cases involving benefits to religious organizations. If the programs equally benefit both secular and "similarly situated" religious organizations, there is no violation of the Establishment Clause.4 Jackson v. Benson is an expression of this view. The Wisconsin Supreme Court, in upholding a program designed to provide …


Discovery And The Role Of The Judge In Civil Law Jurisdictions, Geoffrey C. Hazard Jun 1999

Discovery And The Role Of The Judge In Civil Law Jurisdictions, Geoffrey C. Hazard

Notre Dame Law Review

No abstract provided.


Admiralty And The Eleventh Amendment, David J. Bederman Jun 1999

Admiralty And The Eleventh Amendment, David J. Bederman

Notre Dame Law Review

No abstract provided.


Constitutional Faith And The Commerce Clause, Richard A. Epstein Jun 1999

Constitutional Faith And The Commerce Clause, Richard A. Epstein

Notre Dame Law Review

No abstract provided.


Trivial Rights, Philip A. Hamburger Jun 1999

Trivial Rights, Philip A. Hamburger

Notre Dame Law Review

No abstract provided.


Diverse Perspectives And The Religion Clauses: An Examination Of Justifications And Qualifying Beliefs, Kent Greenawalt Jun 1999

Diverse Perspectives And The Religion Clauses: An Examination Of Justifications And Qualifying Beliefs, Kent Greenawalt

Notre Dame Law Review

No abstract provided.


Free Exercise Of Religion Under The New York Constitution , David H. E. Becker May 1999

Free Exercise Of Religion Under The New York Constitution , David H. E. Becker

Cornell Law Review

No abstract provided.


Islamic And American Constitutional Law: Borrowing Possibilities Or A History Of Borrowing?, Azizah Y. Al-Hibri Apr 1999

Islamic And American Constitutional Law: Borrowing Possibilities Or A History Of Borrowing?, Azizah Y. Al-Hibri

Law Faculty Publications

Islam is commonly viewed in the West as being incompatible with democracy. It is also viewed as an "Oriental" religion that has spawned violence and encouraged human rights violations. Because of the historical interaction between the West and Islam, the United States has recently been supporting efforts to export its democratic principles and human rights values to Muslim countries. In this context, the question of constitutional borrowing gains special significance. To assess the possibilities of constitutional borrowing between Islamic countries and the United States, it is important to first discuss the historical relation between the two, as well as between …


Judicial Intervention In A Twenty-First Century Republic: Shuffling Deck Chairs On The Titanic?, Kristofor J. Hammond Apr 1999

Judicial Intervention In A Twenty-First Century Republic: Shuffling Deck Chairs On The Titanic?, Kristofor J. Hammond

Indiana Law Journal

No abstract provided.


Defining And Punishing Abroad: Constitutional Limits On The Extraterritorial Reach Of The Offenses Clause, Zephyr Rain Teachout Apr 1999

Defining And Punishing Abroad: Constitutional Limits On The Extraterritorial Reach Of The Offenses Clause, Zephyr Rain Teachout

Duke Law Journal

No abstract provided.


Something Seems Fishy - The Application Of The Fourth Amendment To Coast Guard Searches Of Vessels: United States V. Boynes Note, Lucille Jewel Apr 1999

Something Seems Fishy - The Application Of The Fourth Amendment To Coast Guard Searches Of Vessels: United States V. Boynes Note, Lucille Jewel

Scholarly Works

No abstract provided.


Sovereignty And Suspicion, Erik G. Luna Feb 1999

Sovereignty And Suspicion, Erik G. Luna

Duke Law Journal

Most academics agree that search and seizure jurisprudence is a "mess." Professor Luna proposes a new approach to the Fourth Amendment founded on a sovereignty-based theory of the Constitution. Under this individual rights model, a government search or seizure of an individual's home or body receives the strongest presumption of invalidity. This presumption, he argues, could only be rebutted in three discrete circumstances: (1) consent by the individual to search his home or body; (2) individualized suspicion of wrongdoing; or (3) real, direct, and substantial threats to the sovereignty of other persons. Apart from these exceptions, governmental intrusions into the …


The Independent Counsel Statute And Questions About Its Future, Orrin G. Hatch Jan 1999

The Independent Counsel Statute And Questions About Its Future, Orrin G. Hatch

Law and Contemporary Problems

Despite the divergence of opinion regarding the Ethics in Government Act, it appears there is a growing public consensus that the Act is genuinely and seriously flawed. Whether these flaws can be corrected is in serious doubt.


The Independent Counsel Statute: An Idea Whose Time Has Passed, Herbert J. Miller Jr., John P. Elwood Jan 1999

The Independent Counsel Statute: An Idea Whose Time Has Passed, Herbert J. Miller Jr., John P. Elwood

Law and Contemporary Problems

No abstract provided.


The Independent Counsel Statute: A Legal History, Benjamin J. Priester, Paul G. Rozelle, Mirah A. Horowitz Jan 1999

The Independent Counsel Statute: A Legal History, Benjamin J. Priester, Paul G. Rozelle, Mirah A. Horowitz

Law and Contemporary Problems

Priester et al provide a comprehensive legal history of the independent counsel statute from its inception in 1978 until its apparent last hurrah in 1999. They also explore the role of the independent counsel in the history and practice of the government's evidentiary privileges.


Mirabile Dictum! The Case For "Unnecessary" Constitutional Rulings In Civil Rights Damages Actions, John M. Greabe Jan 1999

Mirabile Dictum! The Case For "Unnecessary" Constitutional Rulings In Civil Rights Damages Actions, John M. Greabe

John M Greabe

This article contends that, for purposes of settling the law, courts entertaining civil rights lawsuits doomed to fail on grounds of qualified immunity should presumably address the question whether the complaint pleads a viable claim that the defendant caused a violation of the plaintiff's federal rights. The article also contends that such "unnecessary" threshold rulings are not dicta.


Taking The Pennsylvania Constitution Seriously When It Protects The Environment, John C. Dernbach Jan 1999

Taking The Pennsylvania Constitution Seriously When It Protects The Environment, John C. Dernbach

John C. Dernbach

No abstract provided.


The Limits Of The Constitutional Imagination: Equal Protection In The Era Of Assimilation, Erin Daly Jan 1999

The Limits Of The Constitutional Imagination: Equal Protection In The Era Of Assimilation, Erin Daly

Erin Daly

No abstract provided.