Law Commons^™

Researching Georgia Law (1998 Edition), Nancy P. Johnson, Nancy Adams Deel

Georgia State University Law Review

No abstract provided.

Salvaging The Welfare State?: The Prospects For Judicial Review Of The Canada Health & Social Transfer, Lorne Sossin

Dalhousie Law Journal

The Canadian Health and Social Transfer ("CHST"), which came into force on April 1, 1996, contains no national standards relating to the quality of social welfare. The goal of this new transfer was to promote provincial flexibility in the sphere of social policy. The author argues that this flexibility may undermine the core of the Canadian welfare state. Given the preoccupation of the provincial and federal governments with devolution, welfare recipients must turn to the judiciary to determine the "bottom line" of the welfare state. The author explores the various constitutional and administrative law grounds on which the federal government's …

Silencing Nullification Advocacy Inside The Jury Room And Outside The Courtroom, Nancy J. King

Vanderbilt Law School Faculty Publications

Jurors in criminal cases occasionally "nullify" the law by acquitting defendants who they believe are guilty according to the instructions given to them in court. American juries have exercised this unreviewable nullification power to acquit defendants who face sentences that jurors view as too harsh, who have been subjected to what jurors consider to be unconscionable governmental action, who have engaged in conduct that jurors do not believe is culpable, or who have harmed victims whom jurors consider unworthy of protection. Recent reports suggest jurors today are balking in trials in which a conviction could trigger a "three strikes" or …

Antidiscrimination And Affirmative Action Policies: Economic Efficiency And The Constitution, Edward M. Iacobucci

Osgoode Hall Law Journal

This article assesses the economic efficiency of race-based antidiscrimination and affirmative action policies with a view to assessing relevant Canadian and American constitutional law. The article reviews economic arguments about why antidiscrimination laws may be efficient in addressing externalities, in hastening the exit of bigoted employers from the market, and in preventing the potentially inefficient use of race as a proxy for information; affirmative action may be efficient in accounting for differential signaling costs across race. The article concludes that economic analysis supports the approach in section 15 of the Charter which generally bans discriminatory government action, but recognizes that …

O'Hare Truck Service, Inc. V. City Of Northlake: Further Limiting The Spoils Of The Victor, Jaimie Johnson

Georgia State University Law Review

No abstract provided.

Right Not To Be John Garvey , Alan E. Brownstein

Cornell Law Review

No abstract provided.

Zschernig V. Miller And The Breard Matter, Frederic L. Kirgis

Scholarly Articles

Not available.

Witness Protection In Criminal Cases: Anonymity, Disguise Or Other Options, Nora V. Demleitner

Scholarly Articles

Not available.

Deference In The Judicial Resolution Of Intrachurch Disputes: The Lesser Of Two Constitutional Evils, Nathan C. Belzer

St. Thomas Law Review

In the course of its century long struggle to balance the ideals of the Free Exercise and Establishment clauses with the need for judicial intervention in the resolution of intrachurch disputes, the Supreme Court has fashioned two jurisprudential approaches. The deference approach, first enunciated by the court in Watson v. Jones and given modern approval in Serbian Eastern Orthodox Diocese v. Milivojevich, mandates that civil courts defer to the result reached by the highest authority within the church or religious association in which the dispute arose. 9 In contrast, the neutral principles approach, first suggested in Presbyterian Church v. Hull …

The Right To Participate, Samuel Issacharoff, Pamela S. Karlan, Richard H. Pildes

Law Quadrangle (formerly Law Quad Notes)

The following essay is excerpted and adapted from The Law of Democracy: Legal Structure of the Political Process, © The Foundation Press, Inc., Westbury, NY (1998). Publication is by permission.

Constitutions are often viewed today as constraints on majoritarian power in the service of minority interests. But constitutional ground rules also create the possibility of ongoing democratic self-government; constitutions establish relatively stable and non-negotiable precommitments that enable generally accepted structures of political competition to emerge and endure.

Despite the centrality of this role for the American Constitution , however, there is paradoxically little that the text or its history offers …

The Pedagogical Considerations Of Using A Constitutional Law Textbook In Political Science, Christopher P. Banks

Seattle University Law Review

This Review first describes the importance of each consideration by analyzing how a two-volume constitutional law casebook, written by Professor David M. O'Brien of the Woodrow Wilson Department of Government and Foreign Affairs at the University of Virginia, can be admirably employed to teach the principle that constitutional law is, in fact, politics. Overall, the volumes are excellent undergraduate political science constitutional law texts. However, the casebook volumes have two flaws. First, they do not address the vital question of "what is political science?," a query that ought to be routinely asked by anyone teaching public law courses. Second, they …

Constitutional Conflicts: The Perils And Rewards Of Pioneering In The Law School Classroom, Derrick Bell

Seattle University Law Review

The challenge in teaching Constitutional Law is to teach the doctrine while puncturing the myths. It is not an easy task. Americans treat the Constitution as a hallowed document created by men so divinely inspired that the document they produced in 1787 has been amended less than three dozen times. They might add that because of a number of factors, including those amendments, there are now only about 300 operative words in the Constitution, and that most litigation has centered about the meaning of a dozen or so terms: "due process," "cruel and unusual punishment," "commerce," "free exercise," "commander- in-chief," …

The Federal System As Bill Of Rights: Original Understandings, Modern Misreadings, Thomas B. Mcaffee

Villanova Law Review (1956 - )

No abstract provided.

Logic And Legitimacy: The Uses Of Constitutional Argument, Brian Winters

Case Western Reserve Law Review

No abstract provided.

How Much Freedom For Racist Speech?: Transnational Aspects Of A Conflict Of Human Rights, Friedrich Kübler

Hofstra Law Review

No abstract provided.

The Constitutionality Of Anti-Gang Legislation, Beth Bjerregaard

Campbell Law Review

The purpose of this article is to examine the constitutionality of anti-gang legislation within the context of the First Amendment. Specifically, the doctrines of vagueness and overbreadth and the related issue of freedom of association will be examined with respect to statutory provisions which criminalize gang participation.

Authorizing Interpretation, Pierre Schlag

Publications

No abstract provided.

Constitutional Law: Racial And Political Gerrymandering--Different Problems Require Different Solutions, Robert Redwine

Oklahoma Law Review

No abstract provided.

Kann Das Deutsche Verfassungsrechtsdenken Vorbild Fur Die Vereinigten Staaten Sein?, Donald P. Kommers

Journal Articles

Mein Thema läßt sich am besten als Frage formulieren: Was können wir Amerikaner von der Erfahrung der Deutschen mit dem Grundgesetz lernen? Diese Frage wurde für gewöhnlich in der anderen Richtung gestellt, näm lich: Was haben die Deutschen vom amerikanischen Verfassungsrecht ge lernt oder was sollten sie von ihm lernen?

Cases Versus Theory, Richard B. Collins

Publications

No abstract provided.

The Vestigial Constitution: The History And Significance Of The Right To Petition., Gregory A. Mark

Fordham Law Review

No abstract provided.

The Constitutionality Of Covenant Marriage Laws, Melissa Lawton

Fordham Law Review

No abstract provided.

Judicial Supremacy And The Settlement Function, Robert F. Nagel

Publications

No abstract provided.

Introduction: Symposium On Constitutional Elitism, Robert F. Nagel

Publications

No abstract provided.

Subtracting Sexism From The Classroom: Law And Policy In The Debate Over All-Female Math And Science Classes In Public Schools, Carolyn B. Ramsey

Publications

No abstract provided.

A Bill Of Rights For The United Kingdom: From London To Strasbourg By The Northwest Passage?, Stephen Sedley

Osgoode Hall Law Journal

In anticipation of the United Kingdom's patriation of the European Convention on Human Rights, the author explores the possible impact that a Bill of Rights will have on the U.K. system of justice from a European and U.K. perspective. The author argues that, from a European perspective, the U.K. has an established history of yielding to supra-national law given its membership in the European Union. However, from a U.K. perspective, this will present new challenges, as the constitutionality of domestic legislation is subject to increased judicial scrutiny in ensuring conformance with European Convention obligations. The author argues that the pressures …

Mandating English Proficiency For College Instructors: States' Responses To "The Ta Problem", Kenneth King

Vanderbilt Journal of Transnational Law

This Note examines the background, provisions, effects, and constitutionality of state legislation mandating English proficiency assessment for college instructors. Such legislation responds to complaints about the comprehensibility of international instructors--particularly teaching assistants--at U.S. colleges and universities. U.S. universities employ large numbers of international instructors in scientific, technical, and business fields. Such employment is only one aspect of a broader U.S. importation of scientific and technical talent. This Note first considers the background and legitimacy of complaints about international instructors, and then examines the background and details of specific state provisions. It discusses the statutes' effects and particular concerns they raise, …

Private Religious Choice In German And American Constitutional Law: Government Funding And Government Religious Speech, Ingrid B. Wuerth

Vanderbilt Journal of Transnational Law

We will never face Germany's specific problems of religion and government, arising as they do from its particular history. The sharply contested religion cases from Germany in the late 1990s do, however, point to problems with our growing reliance on private religious choice analysis that demand our attention in both government funding and speech cases. To understand the problems of funding religious groups in neutral programs, we must back up and ask the foundational question: what goals may the government pursue with its funding? The broader those goals are defined, the greater the potential distortion of private religious choice, through …

The Religious Freedom Restoration Act Is A Constitutional Expansion Of Rights, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

The Province And Duty Of The Political Departments, H. Jefferson Powell

Faculty Scholarship

No abstract provided.