Law Commons^™

Mcdaniel V. Sanchez, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Pennhurst State School And Hospital V. Halderman, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

A Comparative Study Of Judicial Review Under Nationalist Chinese And American Constitutional Law, Jyh-Pin Fa

Maryland Series in Contemporary Asian Studies

No abstract provided.

Rape Victim Shield Laws And The Sixth Amendment, J. Alexander Tanford, Anthony J. Bocchino

Faculty Scholarship

No abstract provided.

Constitutional Law, E. S. Horres Jr.

South Carolina Law Review

No abstract provided.

Book Review, Stephen W. Gard

Law Faculty Articles and Essays

The author reviews Justice Hugo Black and the First Amendment, edited by Everette E. Dennis, Donald M. Gillmor and David L. Grey.

The Jurisprudence Of Free Speech In The United States And The Federal Republic Of Germany, Donald P. Kommers

Journal Articles

This Article compares the constitutional thought of the United States Supreme Court and the West German Federal Constitutional Court in the area of free speech. The primary focus is on cases dealing with governmental restraints on speech arising out of concern for internal security' and commentary affecting the reputation of public figures. These cases reflect major lines of German and American free speech thought. The objective of this Article is to compare the concepts of free speech that have evolved in the opinions of the two tribunals and to consider the significance of the separate doctrinal paths taken by each …

Exclusionary Land Use Controls And The Takings Issue, Robert R. Wright

Law Faculty Scholarship

No abstract provided.

The Constitutionality Of Public School Financing Laws: Judicial And Legislative Interaction, Bruce Gitlin

Fordham Urban Law Journal

This Note looks at the various ways states fund public education. Then the Note examines the how the U.S. Supreme Court's decision of Board of Education v. Nyquist impacts how states fund public education. Finally, the Note argues that the U.S. Supreme Court should expand, rather than contract, the options available for states to fund public education.

The Mortgage Subsidy Bond Tax Act Of 1979: An Unwarranted Attack On State Sovereignty, John J. Keohane

Fordham Urban Law Journal

This Article examines the constitutionality of repealing the tax exempt status of interest accrued on bonds issued by states and municipalities. It concludes that repealing this tax exemption is unconstitutional, as it would encroach on state's sovereignty inherently protected by the constitution.

The Foreign Intelligence Surveillance Act Of 1978, Kim L. Kelley

Vanderbilt Journal of Transnational Law

In 1978 Congress enacted and President Carter signed into law the Foreign Intelligence Surveillance Act of 1978 [FISA]. The Act established the exclusive means by which foreign intelligence surveillance within the United States could be conducted. It was a completion of the statutory schemata governing domestic electronic eavesdropping created via Title III of the Omnibus Crime Control Act of 1968 [hereinafter Title III]. Congress enacted the FISA to clarify and delineate the proper interface between the dictates of the fourth amendment and foreign intelligence eavesdropping within the country. It was a legislative response to a void in this area of …

The Public Trust Doctrine In Public Land Law, Charles F. Wilkinson

Publications

No abstract provided.

The Unconstitutional Detention Of Mexican And Canadian Prisoners By The United States Government, Jordan J. Paust

Vanderbilt Journal of Transnational Law

A recent article by Professor Bassiouni addresses the procedures for the transfer of prisoners under agreements with Mexico and Canada and certain "substantive constitutional issues" in a most interesting way. Nevertheless an interest in addressing constitutional problems from the most thorough of approaches possible compels further comment on federal powers and constitutional rights. Professor Bassiouni's efforts are noteworthy but his stated conclusion that "[t]he scheme for the transfer of offenders is a laudable step which should be supported by the bench and bar should not be unquestioningly accepted. The transfer agreements represent a retreat from the constitutional protection of fundamental …

East European Perceptions Of The Helsinki Final Act And The Role Of Citizen Initiatives, Vratislav Pechota

Vanderbilt Journal of Transnational Law

Human rights are articulable expressions of legal ideas that can be readily identified. The developments of the last thirty-five years have created a duality of sources from which fundamental rights of the individual derive. There are, on the one hand, national human rights. They derive from the constitution and the laws of each nation, from its traditions, values and other elements that make up what may be appropriately called the "national human rights culture." They are expressive of the specific needs of each society and indicate the purposes for which governments are created. They necessarily differ from one country to …

The Field Of Public Land Law: Some Connecting Threads And Future Directions, Charles F. Wilkinson

Publications

No abstract provided.

Log-Rolling And Judicial Review, Michael J. Waggoner

Publications

No abstract provided.

Constitutional Law: Dubious Intrusions--Peynote, Drug Laws, And Religious Freedom, John T. Doyle

American Indian Law Review

No abstract provided.

Recent Developments

American Indian Law Review

No abstract provided.

Harris V. Mcrae, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Fullilove V. Klutznick (Formerly Kreps), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

White Mountain Apache Tribe V. Bracker, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Lewis V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Sioux Nation Of Indians, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Consolidated Edison Of New York, Inc. V. Public Service Commission Of New York, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Police Use Of Trickery As An Interrogation Technique, James G. Thomas

Vanderbilt Law Review

This Note maintains that trickery can be effectively curtailed despite the failure of Miranda to do so. This Note argues that trickery in the interrogation room is a violation of fourteenth amendment substantive due process. The Supreme Court has recently stated, in very unambiguous terms, that due process requirements exist independently of the fifth amendment Miranda requirements in the interrogation context." This Note therefore proposes an objective due process standard that would prohibit trickery. The violation of this due process standard would require the exclusion at trial of confessions induced by trickery. Because the exclusionary rule is not a sufficient …

Approximate Original Contour And The Taking Issue--Virginia Surface Mining And Reclamation Association, Inc. V. Andrus, David Jividen

West Virginia Law Review

No abstract provided.

The Associated States Of The Commonwealth Caribbean: The Constitutions And The Individual, William C. Gilmore

University of Miami Inter-American Law Review

No abstract provided.

Constitutional Law, Elizabeth C. Lipson

South Carolina Law Review

No abstract provided.

Aussergesetzliche Masstabe In Der Rechtspreching Des Supreme Court Der Vereinigten Staaten, Donald P. Kommers, Kenneth Ripple

Journal Articles

Zweck der folgenden Ausführungen ist die Darlegung der Bedeutung außergesetz licher Urteilsmaßstäbe in der amerikanischen Verfassungsrechtsprechung. Dabei sollen vor allem diejenigen Urteilskriterien untersucht werden, die den größten Einfluß auf das amerikanische Verfassungsrecht haben dürften; sie sollen im Kontext des gegen wärtigen case law untersucht werden.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

CASE DIGEST

This Case Digest provides brief analyses of cases that represent current aspects of transnational law. The digest includes cases that apply established legal principles to new and different factual situations. The cases are grouped in topical categories, and references are given for further research.

THE CONSTITUTIONALITY OF OBTAINING QUASI IN REM JURISDICTION BY MARITIME ATTACHMENT IS NOT LIMITED BY Shaffer v. Heitner

MAXIMUM LIMITS ON DISABILITY BENEFITS ARE NOT APPLICABLE TO DEATH BENEFITS PAYABLE UNDER THE LONGSHOREMEN'S AND HARBORWORKERS' COMPENSATION AcT

REFUSAL OF INS DISTRICT DIRECTOR TO GRANT NON-PRIORITY OR DEFERRED STATUS IS SUBJECT TO THE ARBITRARY AND …