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Articles 2761 - 2790 of 3541
Full-Text Articles in Law
Looking Back, Looking Ahead: Justice O’Connor, Ideology, And The Advice And Consent Process, Lisa R. Graves
Looking Back, Looking Ahead: Justice O’Connor, Ideology, And The Advice And Consent Process, Lisa R. Graves
Cornell Journal of Law and Public Policy
No abstract provided.
The Lawmaking Congress, Roger H. Davidson
The Lawmaking Congress, Roger H. Davidson
Law and Contemporary Problems
General guidelines for understanding how the task of framing and reviewing constitutional issues is approached by senators and representatives in Congress are presented.
At The President’S Side: The Role Of The White House Counsel In Constitutional Policy, Jeremy Rabkin
At The President’S Side: The Role Of The White House Counsel In Constitutional Policy, Jeremy Rabkin
Law and Contemporary Problems
The suicide of the Deputy Counsel Vincent Foster focused new attention on the office of White House Counsel. The role of the counsel in constitutional policy is discussed.
The Road Not Taken: State Constitutions As An Alternative Source Of Protection For Reproductive Rights, Kevin F. O'Neill
The Road Not Taken: State Constitutions As An Alternative Source Of Protection For Reproductive Rights, Kevin F. O'Neill
Law Faculty Articles and Essays
Lawyers seeking constitutional protection for reproductive rights have relied almost exclusively on a liberty/privacy theory under the Federal Constitution. In the wake of Planned Parenthood of Southeastern Pennsylvania v. Casey, this theory may be seen as providing a floor of minimum protection-preventing states from banning abortion outright. But it is not strong enough to prevent states from enacting restrictions on the availability of abortion. Thus, the battle over reproductive rights may be seen as shifting from one phase ("Can abortion be banned?") to another ("How far can states go in restricting access to abortion'?"). If proponents of reproductive freedom are …
The American Judicial Review Quagmire: A Canadian Proposal, Caroline S. Earle
The American Judicial Review Quagmire: A Canadian Proposal, Caroline S. Earle
Indiana Law Journal
No abstract provided.
The President’S Power Of Interpretation: Implications Of A Unified Theory Of Constitutional Law, Geoffrey P. Miller
The President’S Power Of Interpretation: Implications Of A Unified Theory Of Constitutional Law, Geoffrey P. Miller
Law and Contemporary Problems
No abstract provided.
Congress, The Fcc, And The Search For The Public Trustee, Neal Devins
Congress, The Fcc, And The Search For The Public Trustee, Neal Devins
Law and Contemporary Problems
The features of constitutional politics involving independent agencies are discussed through an examination of FCC efforts to repudiate regulatory initiatives designed to facilitate diversity in broadcasting.
Voting Rights And The “Statutory Constitution”, Peter M. Shane
Voting Rights And The “Statutory Constitution”, Peter M. Shane
Law and Contemporary Problems
The appeal of regarding certain statutes as having constitutional status is discussed. The possibility that certain statutes may lay claim to expressing fundamental law in a way that entitles them to be included within the range of material relevant to constitutional interpretation is examined.
The Legislative Veto: Invalidated, It Survives, Louis Fisher
The Legislative Veto: Invalidated, It Survives, Louis Fisher
Law and Contemporary Problems
The Supreme Court's decision in "INS vs Chadha" is examined, and the origins of the legislative veto and its traditional place in the lawmaking process is discussed.
Foreword, Neal Devins
Disagreement And Interpretation, Robert F. Nagel
Disagreement And Interpretation, Robert F. Nagel
Law and Contemporary Problems
The question of what weight--if any--courts should give to elected government resistance to court decisions is examined. A principle is sought that explains why courts should not consider local resistance when deliberating on constitutional questions.
Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen J. Wermiel
Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen J. Wermiel
Law and Contemporary Problems
The confirmation process for Supreme Court justices is examined as a form of indirect constitutional interpretation by the Senate. Recent confirmation struggles are used as examples.
Black And White Images, John H. Garvey
Black And White Images, John H. Garvey
Law and Contemporary Problems
Whether the National Endowment for the Arts can control the content of speech that it pays for is a hard First Amendment question. The way in which Congress has tried to answer it is discussed.
Justice And The Text: Rethinking The Constitutional Relation Between Principle And Prudence, Christopher L. Eisgruber
Justice And The Text: Rethinking The Constitutional Relation Between Principle And Prudence, Christopher L. Eisgruber
Duke Law Journal
No abstract provided.
Is There A Law Of Federal Courts, Gene R. Nichol
Is There A Law Of Federal Courts, Gene R. Nichol
West Virginia Law Review
No abstract provided.
Choice Approach To The Constitutionality Of Term Limitation Laws , Johnathan Mansfield
Choice Approach To The Constitutionality Of Term Limitation Laws , Johnathan Mansfield
Cornell Law Review
No abstract provided.
Constitutional Equity And The Innovative Tradition, William T. Quillen
Constitutional Equity And The Innovative Tradition, William T. Quillen
Law and Contemporary Problems
It is argued that the court's status as a general equity court with constitutionally vested jurisdiction has benefitted the legal system. The Delaware court of chancery is an example of an equity court that resolves complex disputes expeditiously and lets the litigants move on.
The Injunction In Aid Of Legal Rights—An Australian Perspective, William Gummow
The Injunction In Aid Of Legal Rights—An Australian Perspective, William Gummow
Law and Contemporary Problems
In Australia, as in the US, the injunction is rapidly losing its character as an extraordinary equitable remedy. Provisions in Australian constitutional law that pertain to the law of injunctions are discussed.
Researching Georgia Law, Nancy P. Johnson, Nancy Adams Deel
Researching Georgia Law, Nancy P. Johnson, Nancy Adams Deel
Georgia State University Law Review
No abstract provided.
Procedure As A Guarantee Of Democracy: The Legacy Of The Perestroika Parliament, Frances H. Foster
Procedure As A Guarantee Of Democracy: The Legacy Of The Perestroika Parliament, Frances H. Foster
Vanderbilt Journal of Transnational Law
In this Article, the author chronicles the rise and fall of the "perestroika parliament." While Gorbachev's reforms were ultimately unsuccessful in producing effective democratic representation, the author believes that the history of these reforms provides some valuable lessons for post-Soviet Russia. Specifically, Professor Foster concludes that current reformers in Russia should learn from the failed perestroika parliament that a democratic, "rule-of-law" state requires uniform lawmaking procedures with constitutional safeguards to guarantee their integrity.
Good Faith Defenses: Reshaping Strict Liability Crimes , Laurie L. Levenson
Good Faith Defenses: Reshaping Strict Liability Crimes , Laurie L. Levenson
Cornell Law Review
No abstract provided.
The Constitutionality Of State Allocation Of Punitive Damage Awards, Paul F. Kirgis
The Constitutionality Of State Allocation Of Punitive Damage Awards, Paul F. Kirgis
Washington and Lee Law Review
No abstract provided.
Is The New York Times "Actual Malice" Standard Really Necessary? A Comparative Perspective, Russell L. Weaver, Geoffrey Bennett
Is The New York Times "Actual Malice" Standard Really Necessary? A Comparative Perspective, Russell L. Weaver, Geoffrey Bennett
Louisiana Law Review
No abstract provided.
The Abortion Question: Germany's Dilemma Delays Unification, Terri E. Owens
The Abortion Question: Germany's Dilemma Delays Unification, Terri E. Owens
Louisiana Law Review
No abstract provided.
National Separation: Canada In Context - A Legal Perspective, Kevin Sneesby
National Separation: Canada In Context - A Legal Perspective, Kevin Sneesby
Louisiana Law Review
No abstract provided.
Has Due Process Struck Out? The Judicial Rubberstamping Of Retroactive Economic Laws, Andrew C. Weiler
Has Due Process Struck Out? The Judicial Rubberstamping Of Retroactive Economic Laws, Andrew C. Weiler
Duke Law Journal
No abstract provided.
Reasonable Expectations Of Privacy And Autonomy In Fourth Amendment Cases: An Empirical Look At "Understandings Recognized And Permitted By Society", Christopher Slobogin, Joseph E. Schumacher
Reasonable Expectations Of Privacy And Autonomy In Fourth Amendment Cases: An Empirical Look At "Understandings Recognized And Permitted By Society", Christopher Slobogin, Joseph E. Schumacher
Vanderbilt Law School Faculty Publications
This Article reports an attempt to investigate empirically important aspects of the Fourth Amendment to the United States Constitution, as construed by the United States Supreme Court. In the course of doing so, it touches upon two other topics. Most directly, it addresses the appropriate scope of the Fourth Amendment. Less directly, it raises questions about the role that empirical research should play in fashioning constitutional rules.
Enslaved To Judicial Supremacy?, H. Jefferson Powell
Enslaved To Judicial Supremacy?, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
Diversity And Discrimination In Our Midst: Musings On Constitutional Schizophrenia, Cultural Conflict, And 'Interculturalism' At The Threshold Of A New Century, Francisco Valdes
Diversity And Discrimination In Our Midst: Musings On Constitutional Schizophrenia, Cultural Conflict, And 'Interculturalism' At The Threshold Of A New Century, Francisco Valdes
St. Thomas Law Review
This essay argues that the 1990s pose a postponed but inescapable challenge: the fulfillment of the nation's historic commitment to liberty/ equality ideals for all Americans, regardless of race/ethnicity, sex/gender, economic class or sexuality/sexual orientation. In pursuing this argument, this essay traces the historical and jurisprudential continuities regarding (non)liberty/(in)equality that has plagued the American constitutional order from inception to the present, and then focuses on current controversies. Part I sketches a brief history of the liberty/ equality and non-liberty/inequality cross-traditions embedded into American law and society at the nation's genesis in order to show how the cross-traditions work at cross-purposes …
From The Constitutionality Of Juvenile Curfew Ordinances To A Children's Agenda For The 1990'S: Is It Really A Simple Matter Of Supporting Family Values And Recognizing Fundamental Rights, Michael Jordan
St. Thomas Law Review
No abstract provided.