Law Commons^™

Ronald V. Dellums V. George Bush (D.D.C. 1990): Memorandum Amicus Curiae Of Law Professors, Bruce A. Ackerman, Abram Chayes, Lori Fisler Damrosch, John Hart Ely, Erwin N. Griswold, Gerald Gunther, Louis Henkin, Harold Hongju Koh, Philip B. Kurland, Laurence H. Tribe, William W. Van Alstyne

Faculty Scholarship

This joint memorandum is submitted to the court hearing Dellums v. Bush. This amicus brief advocates that the President may not order American armed forces to make war without consultation with and approval by Congress. The brief also argues that the case is justiciable.

Dutiful Justice (Book Review), Michael S. Ariens

Faculty Articles

Sheldon Novick’s biography, Honorable Justice: The Life of Oliver Wendell Holmes, is a traditional biography of one of the most important public figures in the United States since the Civil War.

Although the author disclaims it, Honorable Justice is a defense of Holmes. Novick writes of some of Holmes’ faults, but too often Holmes’ human imperfections are defended as strengths. It appears that Novick was trying hard to defend Holmes from late twentieth century critiques. This defense of Holmes seems a misguided attempt to re(de)ify Holmes to a group of readers which will likely include a large proportion of skeptical, …

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

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

University of Miami Inter-American Law Review

No abstract provided.

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

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 …

A Course On The Constitution, Thomas E. Baker, James E. Viator

Journal of Legal Education

No abstract provided.

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 Law Review

No abstract provided.

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.

Crises In The Ussr: Are The Constitutional And Legislative Changes Enough

Cornell International Law Journal

No abstract provided.

Rights Of The Criminally Accused, B. J. George Jr.

Law and Contemporary Problems

No abstract provided.

Comment, Yasuhiro Okudaira

Law and Contemporary Problems

No abstract provided.

Comment , Kazuyuki Takahashi

Law and Contemporary Problems

No abstract provided.

Freedom Of Economic Activities And The Right To Property, Matsuo Nakamura

Law and Contemporary Problems

No abstract provided.

Comment, Hiroyuki Hata

Law and Contemporary Problems

No abstract provided.

Comment, Frank K. Upham

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

Law and Contemporary Problems

No abstract provided.

Comment, Margaret Mckean

Law and Contemporary Problems

No abstract provided.

The Constitution Of Japan

Law and Contemporary Problems

No abstract provided.

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

Duke Law Journal

No abstract provided.

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 …

The Transformation Of The American Constitution, Stephen Heywood Seay

Theses Digitization Project

No abstract provided.

The Expanding Right Of Access: Does It Extend To Search Warrant Affidavits?, Erica A. Kaston

Fordham Law Review

No abstract provided.

The Art Of Insinuation: Defamation By Implication, Nicole Alexandra Labarbera

Fordham Law Review

No abstract provided.

You Can’T Build That Here: The Constitutionality Of Aesthetic Zoning And Architectural Review, Kenneth Regan

Fordham Law Review

No abstract provided.

The Committee Of Constitutional Supervision Of The Ussr, Herbert Hausmaninger

Cornell International Law Journal

No abstract provided.

The Manipulation Of Consent: Congressional Limits On Early Election Calls And The United States Constitution, Richard A. Morgan

St. Thomas Law Review

This article will investigate the disruption created by the early election predictions. It will evaluate the usefulness and lawfulness of a federal enactment that would prevent the networks from disseminating exit polling data on Presidential elections prematurely. It will conclude that such restraints do not contravene the First Amendment, or other provisions of the Constitution of the United States.