Law Commons^™

Tushnet: Comment On Cox, Mark V. Tushnet

Maryland Law Review

No abstract provided.

Millemann: Comment On Cox, Michael A. Millemann

Maryland Law Review

No abstract provided.

Brubaker: Comment On Cox, Stanley C. Brubaker

Maryland Law Review

No abstract provided.

Cox: Response To Comments, Archibald Cox

Maryland Law Review

No abstract provided.

Ordered Liberty: The Original Intent Of The Constitution, Charles Mcc. Mathias Jr.

Maryland Law Review

No abstract provided.

Fein: Comment On Mathias, Bruce E. Fein

Maryland Law Review

No abstract provided.

Schwartz: Comment On Mathias, Herman Schwartz

Maryland Law Review

No abstract provided.

Rakove: Comment On Mathias, Jack N. Rakove

Maryland Law Review

No abstract provided.

Mathias: Response To Comments, Charles Mcc. Mathias Jr.

Maryland Law Review

No abstract provided.

Constructing A Constitution: "Original Intention" In The Slave Cases, James Boyd White

Maryland Law Review

No abstract provided.

Revocation Of Academic Degrees By Colleges And Universities, Bernard D. Reams Jr.

Faculty Articles

Recently, courts have decided that private and public colleges and universities can revoke degrees due to academic dishonesty. A university's authority to revoke degrees is supported by a logical extension of its conferral power, "black letter" contract law, and the precedential authority of Crook v. Baker, Waliga v. Board of Trustees of Kent State University, and Abalkhail v. Claremont University Center.

Although colleges enjoy great discretion in deciding whether to confer degrees, once the college grants a degree, its discretion to revoke that degree is governed by due process guidelines. In Crook, the university involved was public, triggering the applicability …

The Modern Misunderstanding Of Original Intent, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

A Bibliography On Drug Testing In The Workplace, Stephen Young, Elizabeth Armitage

Journal of Law and Health

The following bibliography on mandatory drug testing has been compiled to accompany the Symposium on Drug Testing in the Workplace presented by the Journal of Law and Health on November 21, 1986, at the Cleveland Marshall College of Law. It is hoped that this bibliography will benefit not only legal educators and law students, but also the practicing attorney, librarians, employers and employees in the private and public sector, and those whose research and interests require an understanding of the issues raised by this subject.

On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff

Publications

No abstract provided.

Schlesinger: Response To Comments, Arthur M. Schlesinger Jr.

Maryland Law Review

No abstract provided.

Morgan: Comment On Cox, Richard E. Morgan

Maryland Law Review

No abstract provided.

Original Intent And The Constitution: Introduction By Whitman H. Ridgway, Whitman H. Ridgway

Maryland Law Review

No abstract provided.

Goldwin: Comment On Mathias, Robert A. Goldwin

Maryland Law Review

No abstract provided.

Thinking About Habeas Corpus, Erwin Chemerinsky

Faculty Scholarship

Hailed as the "great writ of liberty," the writ of habeas corpus protects the American citizenry from arbitrary and wrongful governmental imprisonment. The scope of the protection provided by the writ, however, has never been finally settled during it's almost 200 year existence. This is the result of failure on the part of those analyzing its scope to recognize the complexity of the issues involved and to confront the true issues that underlie its application. In this Article, Professor Chemerinsky discusses what he considers to be the four primary considerations of habeas issues; federalism, separation of powers, the purposes of …

The Individual Liberties Within The Body Of The Constitution: A Symposium - Introduction, Melvyn R. Durchslag

Case Western Reserve Law Review

No abstract provided.

Recent Decision, Barbara K. Caldwell

Vanderbilt Journal of Transnational Law

CONSTITUTIONAL LAW--Commerce Clause--State Taxation of Aviation Fuel Used Exclusively in Foreign Commerce is Not Preempted by the Federal Aviation Act and is Not Invalid Under the Japan Line Doctrine of the Foreign Commerce Clause. "Wardair Canada, Inc. v. Florida Department of Revenue", 106 S. Ct. 2369 (1986).

Extending The Self-Incrimination Clause To Persons In Fear Of Foreign Prosecution, Bret A. Fausett

Vanderbilt Journal of Transnational Law

This Note will examine the rationale, policies, and history behind the self-incrimination clause and will demonstrate the privilege's importance as an individual right and as a check on police power. Only by exploring the purposes and policies behind the privilege--an approach condoned by the Supreme Court--is one able to formulate the best answer to whether the self-incrimination clause extends to persons in fear of foreign prosecution. An understanding of what the privilege is supposed to protect will lead to a better understanding of the scope of this important constitutional guarantee. This Note will then focus on recent cases in which …

Rationalism In Constitutional Law, Robert F. Nagel

Publications

No abstract provided.

Teaching Tolerance, Robert F. Nagel

Publications

No abstract provided.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Neither Private Refugee Assistance Agency Nor its Members have Standing to Contest U.S. Interdiction of Foreign Vessels on High Seas Carrying Undocumented Aliens Haitian Refugee Center v. Gracey, No. 85-5258, slip op. (D.C. Cir. Jan. 9, 1987).

Separation of Citizen Children from Illegal Alien Parents Should be Considered when Determining Extreme Hardship Deportation Proceedings -Cerillo-Perez v. INS, 55 U.S.L.W.2457 (9th Cir. 1987).

California State Court's Exercise of Personal Jurisdiction over Japanese Manufacturer to Indemnify Taiwanese Company is Unreasonable and Unfair in Violation of Due Process. Asahi Metal Industry Co. v. Superior Court of California, 107 S. Ct.1026 (1987).

Nondiscriminatory Ad …

Bargaining In The Shadow Of Eminent Domain: Valuing And Apportioning Condemnation Awards Between Landlord And Tenant, Victor P. Goldberg, Thomas W. Merrill, Daniel Unumb

Faculty Scholarship

Who has a constitutionally protected "property" interest when the government condemns land subject to a lease? Is it the landlord? The tenant? Or do both parties have property rights that entitle them to compensation? Further, how should the size of the total condemnation award be determined? Should we value the property rights of the landlord and the tenant separately and sum? Or should we value the entire parcel as if it were an undivided fee simple and apportion the award between the landlord and the tenant? If the condemnation award is based on the value of a fee simple and …

Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein

Touro Law Review

No abstract provided.

Public Contracts, Private Contracts, And The Transformation Of The Constitutional Order, Thomas W. Merrill

Faculty Scholarship

Modern interpretation of the Contract Clause of article 1, section 10 has created a dual standard of judicial review that bottoms upon the classification of a particular contract as public or private. However, which particular category has received greater deference has changed depending upon the precedential climate. Within his Article, Professor Merrill outlines three modern justifications for affording greater protection to public obligations “Kantian theory,” “process theory,” and “utilitarian theory.” He argues, however, that none of these theories adequately justify the dual standard of review, and concludes that a unitary analysis of the contract clause that affords no presumptions in …

California V. Cabazon Band Of Mission Indians, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Constitutional Law, Glenn R. Goodwin, James M. Magee, J. L. Rogers Jr.

South Carolina Law Review

No abstract provided.