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Constitutional law

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Articles 2521 - 2550 of 3542

Full-Text Articles in Law

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.


Can The Independent Counsel Statute Be Saved?, Katy J. Harriger Jan 1999

Can The Independent Counsel Statute Be Saved?, Katy J. Harriger

Law and Contemporary Problems

The independent counsel provisions of the Ethics in Government Act face an uncertain future. Harriger argues that the statute in its current form meets virtually none of the goals Congress intended in 1978 and that the statute should be substantially revised in an effort to minimize the costs and maximize the benefits.


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.


Legislative Deference In Eighth Amendment Capital Sentencing Challenges: The Constitutional Inadequacy Of The Current Judicial Approach, Matthew E. Albers Jan 1999

Legislative Deference In Eighth Amendment Capital Sentencing Challenges: The Constitutional Inadequacy Of The Current Judicial Approach, Matthew E. Albers

Case Western Reserve Law Review

No abstract provided.


Human Rights And Human Wrongs: Is The United States Death Penalty System Inconsistent With International Human Rights Law, Warren Allmand, Stephen B. Bright, Rubin "Hurricane" Carter, Dorean Marguerite Koenig, William A. Schabas, W. L. Seriti Jan 1999

Human Rights And Human Wrongs: Is The United States Death Penalty System Inconsistent With International Human Rights Law, Warren Allmand, Stephen B. Bright, Rubin "Hurricane" Carter, Dorean Marguerite Koenig, William A. Schabas, W. L. Seriti

Fordham Law Review

No abstract provided.


A True Crime: A Review Of Janet Malcolm, The Crime Of Sheila Mcgough (Book Review), Michael Ariens Jan 1999

A True Crime: A Review Of Janet Malcolm, The Crime Of Sheila Mcgough (Book Review), Michael Ariens

Faculty Articles

No abstract provided.


The Constitution And The Cathedral: Prohibiting, Purchasing, And Possibly Condemning Tobacco Advertising, Thomas W. Merrill Jan 1999

The Constitution And The Cathedral: Prohibiting, Purchasing, And Possibly Condemning Tobacco Advertising, Thomas W. Merrill

Faculty Scholarship

This Article has both theoretical and practical objectives, which are closely interrelated. The theoretical objective is to develop a framework for understanding the "transaction structure" of constitutional rights. By this, I refer to the different rules that determine when the government may purchase, condemn, or otherwise extinguish constitutional rights. The practical objective is to consider different options that may be available to the government, as part of a broader effort to reduce the incidence of smoking, to curtail tobacco advertising that would otherwise be protected under the First Amendment. It is my hope that the theoretical framework will illuminate the …


Liberty Of Expression In Ireland And The Need For A Constitutional Law Of Defamation, Sarah Frazier Jan 1999

Liberty Of Expression In Ireland And The Need For A Constitutional Law Of Defamation, Sarah Frazier

Vanderbilt Journal of Transnational Law

Judicial and constitutional conservatism have allowed Irish defamation law to remain remarkably close to its English common law origins. But the common law of defamation was not designed for a modem democracy with a free press, and Ireland's libel laws have a profound effect upon freedom of expression. If Ireland is to be a modern democracy, as its constitution asserts that it is, and the European Convention on Human Rights demands, it must protect a core area of free expression in order to allow the press (without the fear of repercussion) to keep the public informed about matters of concern. …


The First Constitutional Tort: The Remedial Revolution In Nineteenth-Century State Just Compensation Law, Robert Brauneis Jan 1999

The First Constitutional Tort: The Remedial Revolution In Nineteenth-Century State Just Compensation Law, Robert Brauneis

Vanderbilt Law Review

This Article traces the change in the remedial framework of nineteenth-century owner-initiated state constitutional just compensation litigation, and explores the relationship between that change and substantive changes in just compensation doctrine. Through the Civil War, owners complaining of government-sanctioned seizure of their property brought common-law tort actions against whomever might be held liable under ordinary tort and agency law. Defendants in those suits claimed that some piece of legislation altered tort law to shield them from liability for their acts. Plaintiff owners responded that the legislation on which defendants relied was void, because it purported to authorize acts that amounted …


The Reinvigoration Of The Doctrine Of Implied Repeals: A Requiem For Indigenous Treaty Rights, David E. Wilkins Jan 1999

The Reinvigoration Of The Doctrine Of Implied Repeals: A Requiem For Indigenous Treaty Rights, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

America's indigenous nations occupy a distinctive political within the United States as separate sovereigns whose rights in the doctrine of inherent tribal sovereignty, affirmed in hundreds of ratified treaties and agreements, acknowledged in the Commerce the U.S. Constitution, and recognized in ample federal legislation case law. Ironically, while indigenous sovereignty is neither ally defined or delimited, it may be restricted or enhanced by One could argue, then, that indeterminacy or inconsistency of the tribal-federal political/legal relationship.


Beyond The Independent Counsel: Evaluating The Options, Thomas W. Merrill Jan 1999

Beyond The Independent Counsel: Evaluating The Options, Thomas W. Merrill

Faculty Scholarship

The Independent Counsel Act expires on June 30, 1999. Should it be extended? Extended with modifications? Radically reformed? Or should it be allowed to sunset with nothing put in its place? To answer these questions, we need to address some more fundamental questions: (1) Do we truly need an independent office to investigate alleged wrongdoing by high-ranking officers of the executive branch? (2) If so, what are the options for the organizational structure of such an office? (3) By what criteria should the different institutional options be evaluated? (4) Under these criteria, which option represents the best, or perhaps more …


Long Live The Bill Of Rights! Long Live Akhil Reed Amar's The Bill Of Rights!, Lackland H. Bloom Jr. Jan 1999

Long Live The Bill Of Rights! Long Live Akhil Reed Amar's The Bill Of Rights!, Lackland H. Bloom Jr.

Faculty Journal Articles and Book Chapters

Akhil Reed Amar's volume, The Bill of Rights: Creation and Reconstruction ("The Bill of Rights"), deserves to sit on every constitutional scholar and lawyer's shelf along with such other contemporary classics as Alexander Bickel's The Least Dangerous Branch, Charles Black's Structure and Relationship in Constitutional Law, John Hart Ely's Democracy and Distrust, and Philip Bobbitt's Constitutional Fate. This book builds on two of the most breathtaking and important law review articles of the past decade-Professor Amar's The Bill of Rights as a Constitution, and The Bill of Rights and the Fourteenth Amendment. Professor Amar's contributions to constitutional scholarship are of …


Restoring Vitaility To State And Local Politics By Correcting The Excessive Independance Of The Supreme Court, Paul D. Carrington Jan 1999

Restoring Vitaility To State And Local Politics By Correcting The Excessive Independance Of The Supreme Court, Paul D. Carrington

Faculty Scholarship

This Article endorses the view of such political "conservatives" as Robert Bork, Pat Buchanan, Orrin Hatch, and Ed Meese that the Constitution of the United States is deeply flawed in conferring too large a political role on life-tenured Supreme Court Justices. It argues that a constitutional amendment to correct excessive judicial independance is long overdue, a conclusion, it contends, that ought be shared by all who believe, as the author does, that the right to self-government is the parent right on which our civil liberties and the market economy ultimately depend and that healthy institutions of self-government require substantial devolution …


The Rehnquist Court & Justice: An Oxymoron?, Erwin Chemerinsky Jan 1999

The Rehnquist Court & Justice: An Oxymoron?, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Substantive Due Process, Erwin Chemerinsky Jan 1999

Substantive Due Process, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


The Supreme Court, Public Opinion, And The Role Of The Academic Commentator, Erwin Chemerinsky Jan 1999

The Supreme Court, Public Opinion, And The Role Of The Academic Commentator, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Marshall’S Questions, Walter E. Dellinger Iii, H. Jefferson Powell Jan 1999

Marshall’S Questions, Walter E. Dellinger Iii, H. Jefferson Powell

Faculty Scholarship

No abstract provided.


Deterrence And Distribution In The Law Of Takings, Michael A. Heller, James E. Krier Jan 1999

Deterrence And Distribution In The Law Of Takings, Michael A. Heller, James E. Krier

Faculty Scholarship

Supreme Court decisions over the last three-quarters of a century have turned the words of the Takings Clause into a secret code that only a momentary majority of the Court is able to understand. The Justices faithfully moor their opinions to the particular terms of the Fifth Amendment, but only by stretching the text beyond recognition. A better approach is to consider the purposes of the Takings Clause, efficiency and justice, and go anew from there. Such a method reveals that in some cases there are good reasons to require payment by the government when it regulates property, but not …


Alaska Equal Protection: Constitutional Law Or Common Law?, Paul E. Mcgreal Dec 1998

Alaska Equal Protection: Constitutional Law Or Common Law?, Paul E. Mcgreal

Alaska Law Review

No abstract provided.


Canon, Anti-Canon, And Judicial Dissent, Richard Primus Nov 1998

Canon, Anti-Canon, And Judicial Dissent, Richard Primus

Duke Law Journal

No abstract provided.


Eighth Amendment Meanings From The Aba’S Moratorium Resolution, Louis D. Bilionis Oct 1998

Eighth Amendment Meanings From The Aba’S Moratorium Resolution, Louis D. Bilionis

Law and Contemporary Problems

Bilionis argues that the American Bar Association's moratorium resolution on capital punishment doesn't challenge the capacity of the Eighth Amendment.


Religious Hybrids In The Lower Courts: Free Exercise Plus Or Constitutional Smoke Screen, William L. Esser Iv Oct 1998

Religious Hybrids In The Lower Courts: Free Exercise Plus Or Constitutional Smoke Screen, William L. Esser Iv

Notre Dame Law Review

No abstract provided.


Sentenced For A “Crime” The Government Did Not Prove: Jones V. United States And The Constitutional Limitations On Factfinding By Sentencing Factors Rather Than Elements Of The Offense, Benjamin J. Priester Oct 1998

Sentenced For A “Crime” The Government Did Not Prove: Jones V. United States And The Constitutional Limitations On Factfinding By Sentencing Factors Rather Than Elements Of The Offense, Benjamin J. Priester

Law and Contemporary Problems

Priester argues that the Constitution does restrict the power of the legislature by requiring that certain facts be proved as elements of the offense. He notes the Supreme Court's missed opportunity in "Jones v. United States" to adopt the test proposed by Justice Scalia.


Post-Mccleskey Racial Discrimination Claims In Capital Cases , John H. Blume, Theodore Eisenberg, Sheri Lynn Johnson Sep 1998

Post-Mccleskey Racial Discrimination Claims In Capital Cases , John H. Blume, Theodore Eisenberg, Sheri Lynn Johnson

Cornell Law Review

No abstract provided.


The Supreme Court As An Enforcement Agency, Harold J. Krent Sep 1998

The Supreme Court As An Enforcement Agency, Harold J. Krent

Washington and Lee Law Review

No abstract provided.


Another Case Of Freedom Vs. Safety: Stretching The First Amendment To Protect The Publication Of Murder Manuals-Bradenburg Need Not Apply?, Robert J. Coursey Iii Jul 1998

Another Case Of Freedom Vs. Safety: Stretching The First Amendment To Protect The Publication Of Murder Manuals-Bradenburg Need Not Apply?, Robert J. Coursey Iii

Georgia State University Law Review

No abstract provided.


Judicial Independence: Playing Politics With The Constitution, Suzanna Sherry Jul 1998

Judicial Independence: Playing Politics With The Constitution, Suzanna Sherry

Georgia State University Law Review

No abstract provided.


Can Judicial Independence Be Attained In The South? Overcoming History, Elections, And Misperceptions About The Role Of The Judiciary, Stephen B. Bright Jul 1998

Can Judicial Independence Be Attained In The South? Overcoming History, Elections, And Misperceptions About The Role Of The Judiciary, Stephen B. Bright

Georgia State University Law Review

No abstract provided.


Alaska Supreme Court, Alaska Court Of Appeals, U.S. District Court Of Appeals For The Ninth Circuit, And U.S. District Court For The District Of Alaska Year In Review, Gregory M. Bair, Mercedes J. Caravello, Michael J. Chiavalloti, Emily J. Grogan Jun 1998

Alaska Supreme Court, Alaska Court Of Appeals, U.S. District Court Of Appeals For The Ninth Circuit, And U.S. District Court For The District Of Alaska Year In Review, Gregory M. Bair, Mercedes J. Caravello, Michael J. Chiavalloti, Emily J. Grogan

Alaska Law Review

No abstract provided.