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Articles 1 - 15 of 15

Full-Text Articles in Law

Alimony For Men -- The Changing Law, Pamela Joy Smith Oct 1979

Alimony For Men -- The Changing Law, Pamela Joy Smith

Florida State University Law Review

No abstract provided.


Fullilove V. Klutznick (Formerly Kreps), Lewis F. Powell Jr. Oct 1979

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

Supreme Court Case Files

No abstract provided.


Constitutional Constraints On Initiative And Referendum, David J. Jordan Oct 1979

Constitutional Constraints On Initiative And Referendum, David J. Jordan

Vanderbilt Law Review

This Note examines possible constitutional constraints on initiative and referendum. Part II briefly discusses typical initiative and referendum procedures and contrasts these with representative legislative processes. Part III examines the constitutional significance of the differences highlighted in Part II. Finally, Part IV concludes that because of the peculiar political dynamics of initiative and referendum, which diminish normal safeguards of minority interests, courts may appropriately apply heightened due process and equal protection standards when reviewing direct legislation.


Can Louisiana's Succession Laws Survive In Light Of The Supreme Court's Recent Recognition Of Illegitimates' Rights?, Susan Swanner Lasiter Aug 1979

Can Louisiana's Succession Laws Survive In Light Of The Supreme Court's Recent Recognition Of Illegitimates' Rights?, Susan Swanner Lasiter

Louisiana Law Review

No abstract provided.


Rewriting Roe V. Wade, Donald H. Regan Aug 1979

Rewriting Roe V. Wade, Donald H. Regan

Articles

Roe v. Wade is one of the most controversial cases the Supreme Court has decided. The result in the case - the establishment of a constitutional right to abortion - was controversial enough. Beyond that, even people who approve of the result have been dissatisfied with the Court's opinion. Others before me have attempted to explain how a better opinion could have been written. It seems to me, however, that the most promising argument in support of the result of Roe has not yet been made. This essay contains my suggestions for "rewriting" Roe v. Wade


The Unwed Father: Conflict Of Rights In Adoption Proceedings, Winston R. Davis Jul 1979

The Unwed Father: Conflict Of Rights In Adoption Proceedings, Winston R. Davis

Florida State University Law Review

No abstract provided.


Family Law–Divorce–Constitutionality Of Arkansas Property Settlement And Alimony Statutes, Gordon W. Hawthorne Apr 1979

Family Law–Divorce–Constitutionality Of Arkansas Property Settlement And Alimony Statutes, Gordon W. Hawthorne

University of Arkansas at Little Rock Law Review

No abstract provided.


Proving Discriminatory Intent From A Facially Neutral Decision With A Disproportionate Impact Jan 1979

Proving Discriminatory Intent From A Facially Neutral Decision With A Disproportionate Impact

Washington and Lee Law Review

No abstract provided.


The Courts, Congress, And Educational Adequacy: The Equal Protection Predicament, Betsy Levin Jan 1979

The Courts, Congress, And Educational Adequacy: The Equal Protection Predicament, Betsy Levin

Maryland Law Review

No abstract provided.


Comparative Negligence Versus The Constitutional Guarantee Of Equal Protection: A Hypothetical Judicial Decision, Daniel O. Conkle, Claude R. Sowle Jan 1979

Comparative Negligence Versus The Constitutional Guarantee Of Equal Protection: A Hypothetical Judicial Decision, Daniel O. Conkle, Claude R. Sowle

Articles by Maurer Faculty

No abstract provided.


Irrebuttable Presumptions, The Federal Government, And The Rights Of Aliens, Byron Toma Jan 1979

Irrebuttable Presumptions, The Federal Government, And The Rights Of Aliens, Byron Toma

Santa Clara Law Review

No abstract provided.


Some Thoughts On Judicial Authority To Repair Unconstitutional Legislation, Ruth Bader Ginsburg Jan 1979

Some Thoughts On Judicial Authority To Repair Unconstitutional Legislation, Ruth Bader Ginsburg

Cleveland State Law Review

Among governing institutions, the judiciary has been described as "the least dangerous branch."' Courts in our system have the awesome power to declare laws unconstitutional, but judges command no troops, and are said to lack the power of the purse. My remarks address a facet of the purse power supposition: When a legislative product is constitutionally infirm because it is under inclusive, what remedies lie within the judicial province? Discussion will focus on the question whether a court may order inclusion of a category of persons left out by the legislature, a question particularly pointed when the court's inclusion order …


Equality Between The Sexes In The 1980'S, Nancy S. Erickson Jan 1979

Equality Between The Sexes In The 1980'S, Nancy S. Erickson

Cleveland State Law Review

Any discussion of equality under the law must necessarily revolve around the equal protection clause. Therefore, this discussion will indicate first where equal protection analysis has succeeded ineffectively dealing with sex discrimination and the significance of the judicial policy behind these successes. Secondly, the failures of the equal protection clause will be examined with specific attention to the five methods in which the equal protection clause has failed to eliminate laws discriminating on the basis of sex. Finally, the failures of the equal protection clause will be illustrated as starting points for work in the area of sexual equality in …


Equality Between The Sexes In The 1980'S, Nancy S. Erickson Jan 1979

Equality Between The Sexes In The 1980'S, Nancy S. Erickson

Cleveland State Law Review

Any discussion of equality under the law must necessarily revolve around the equal protection clause. Therefore, this discussion will indicate first where equal protection analysis has succeeded ineffectively dealing with sex discrimination and the significance of the judicial policy behind these successes. Secondly, the failures of the equal protection clause will be examined with specific attention to the five methods in which the equal protection clause has failed to eliminate laws discriminating on the basis of sex. Finally, the failures of the equal protection clause will be illustrated as starting points for work in the area of sexual equality in …


Kentucky Law Survey: Education: Teachers’ Rights, Keith Graham Hanley, Robert G. Schwemm Jan 1979

Kentucky Law Survey: Education: Teachers’ Rights, Keith Graham Hanley, Robert G. Schwemm

Law Faculty Scholarly Articles

Tenure occupies an important place in the mind of any new teacher. During the past survey year, the Kentucky courts have demonstrated that this status is not only important to teachers generally; it is essential to continued job security. The aegis of tenure provides not only the substance of teachers’ rights but also the procedure used to protect those rights.

Discharged teachers have alleged violations of the 14th amendment of the U.S. Constitution in both its equal protection and due process aspects and violations of the Kentucky constitution. However, in each instance the courts have summarily dismissed these claims, preferring …