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Articles 5491 - 5520 of 6238
Full-Text Articles in Law
From Needy To Greedy - Are The Elderly A Suspect Class Under The Equal Protection Clause Of The Florida Constitution, John F. Cooper
From Needy To Greedy - Are The Elderly A Suspect Class Under The Equal Protection Clause Of The Florida Constitution, John F. Cooper
St. Thomas Law Review
No abstract provided.
No Different Drummer: The Effect Of The 1983 Amendment To Article I, 12 Of The Florida Constitution, Paul R. Joseph
No Different Drummer: The Effect Of The 1983 Amendment To Article I, 12 Of The Florida Constitution, Paul R. Joseph
St. Thomas Law Review
It is hornbook law that the Bill of Rights provides a constitutional "floor" rather than a "ceiling." This means that the rights contained therein, which limit federal power directly and which are today understood as limiting state power by virtue of the Fourteenth Amendment's Due Process Clause, provide the minimum level of protection which no government may contravene. There is nothing to prevent the enactment of additional limitations on government power by granting or recognizing additional rights. Although such could be enacted as legislation, the focus of this symposium is state constitutions. Thus, for our purposes here, it is only …
In Praise Of Diverse Discourse, Neil H. Cogan
In Praise Of Diverse Discourse, Neil H. Cogan
St. Thomas Law Review
Professor James A. Gardner's article, The Failed Discourse of State Constitutionalism,' is an obituary to state constitutional law. Like some recent academic notices of death, it is not simply premature. It is misconceived. Professor Gardner's obituary has two parts, an empirical part that argues that state constitutional law discourse and, in effect, state constitutional law has failed; and a political part that argues that state constitutional law ought to fail. Neither part is dependent upon the other. Even had Gardner found that state constitutional law discourse is robust, he would nonetheless have argued that state constitutional law ought to fail. …
Book Review - The Sixt Amendment On Modern American Jurisprudence: A Critical Perspective, Laura Gardner Webster
Book Review - The Sixt Amendment On Modern American Jurisprudence: A Critical Perspective, Laura Gardner Webster
St. Thomas Law Review
No abstract provided.
Review Essay: A Generation Of Change In Florida State Constitutional Law Review Of Talbot D'Alemberte, The Florida State Constitution: A Reference Guide, Robert F. Williams
Review Essay: A Generation Of Change In Florida State Constitutional Law Review Of Talbot D'Alemberte, The Florida State Constitution: A Reference Guide, Robert F. Williams
St. Thomas Law Review
No abstract provided.
Back To The Future: Original Intent As A Means For Vitalizing The Fourteenth Amendment In The Context Of Race, Raneta J. Lawson
Back To The Future: Original Intent As A Means For Vitalizing The Fourteenth Amendment In The Context Of Race, Raneta J. Lawson
St. Thomas Law Review
Donald E. Lively's book The Constitution and Race exposes in a methodological way the historical origin of the conflict between symbolism and substance in the context of race. Lively chronicles two centuries of constitutional jurisprudence pertaining to race from the initial deferral of race-based issues at the nation's founding to the modem day catering to majoritarian interests that continues to subordinate racial concerns. Throughout this jurisprudential retrospective, Lively demonstrates how race-based considerations have permeated nearly every aspect of society and yet such considerations remain significantly unattended because of national policies that ultimately indulge competing priorities. Lively argues that a recognition …
Realigning Maternal/Fetal Interests In The Battle Against Substance Abuse, Jeanette Lewis
Realigning Maternal/Fetal Interests In The Battle Against Substance Abuse, Jeanette Lewis
St. Thomas Law Review
America's "War on Drugs" has given rise to political and legal debate concerning the critical health problems presented by maternal drug abuse during pregnancy. The "War," largely characterized by criminal sanctions as opposed to preventative measures, indicates the social attitude and legal response to this crisis. Researchers estimate that 375,000 newborns may be harmed by maternal substance abuse in the United States each year. Furthermore, one in every ten babies born in urban areas has been exposed to cocaine in the womb. Given the epidemic proportions of America's drug problem and its agenda against drug use, it is surprising that …
On Remembering Judge Eugene P. Spellman: A Different Vision, Ira J. Kurzban, Irwin P. Stotzky
On Remembering Judge Eugene P. Spellman: A Different Vision, Ira J. Kurzban, Irwin P. Stotzky
St. Thomas Law Review
No abstract provided.
The Jurisprudence Of Affirmative Action: Equality In Abstraction And Application, Alec Anthony Izzo
The Jurisprudence Of Affirmative Action: Equality In Abstraction And Application, Alec Anthony Izzo
St. Thomas Law Review
Analyzing the results in affirmative action cases decided in the last fourteen years tends to invite specious observations. For example, it is true that only 50% of the affirmative action plans reviewed by the Supreme Court withstand constitutional attack, while 80% withstand federal statutory attack. Additionally, more than half of the Court's affirmative action opinions have been authored by Justice Brennan and in each case the challenged plan has been approved. Further, two cases evaluating the constitutional merits of affirmative action were written by Justice Powell, whose opinions resulted in findings of unconstitutionality, and whose language echoes long beyond his …
Postmodernism/Feminism/Law , Dennis Patterson
Postmodernism/Feminism/Law , Dennis Patterson
Cornell Law Review
No abstract provided.
Formal Amendment Of The Constitution Of Canada, Peter W. Hogg
Formal Amendment Of The Constitution Of Canada, Peter W. Hogg
Law and Contemporary Problems
Canada's Constitution Act of 1982 is discussed. The act changed the way in which amendments to Canada's constitution were made. Previously, the Imperial Parliament made the amendments.
Uncommon Law And The Bill Of Rights: The Woes Of Constitutionalizing State Common-Law Torts, Elaine W. Shoben
Uncommon Law And The Bill Of Rights: The Woes Of Constitutionalizing State Common-Law Torts, Elaine W. Shoben
Scholarly Works
During the two-hundred-year history of the Bill of Rights, the Supreme Court occasionally has used those first ten Amendments to constitutionalize state common-law torts. In this essay, Professor Elaine Shoben argues that the Court would be well advised to forgo that practice. Pointing to the Court's experience in constitutionalizing defamation law under the First Amendment, Professor Shoben says when the Court meddles in state tort law, the result is a highly complex and very unsatisfactory body of law. On the Bicentennial of the Bill of Rights, this author recommends that if the Court feels compelled to reform a state common-law …
State Support Of International Terrorism: Legal, Political And Economic Dimensions, Christopher L. Blakesley
State Support Of International Terrorism: Legal, Political And Economic Dimensions, Christopher L. Blakesley
Scholarly Works
In this piece, Professor Blakesley reviews “State Support of International Terrorism: Legal, Political, and Economic Dimensions” by John F. Murphy.
Founding Father-In-Law: Judicial Amendment Of The Canadian Constitution, Dale Gibson
Founding Father-In-Law: Judicial Amendment Of The Canadian Constitution, Dale Gibson
Law and Contemporary Problems
Judicial amendment of the Canadian Constitution is discussed. The Supreme Court of Canada can nullify or alter the constitutional text or its accepted meaning through constitutional interpretations.
Emerging Constitutional Norms: Continuous Judicial Amendment Of The Constitution—The Proportionality Test As A Moving Target, Andree Lajoie, Henry Quillinan
Emerging Constitutional Norms: Continuous Judicial Amendment Of The Constitution—The Proportionality Test As A Moving Target, Andree Lajoie, Henry Quillinan
Law and Contemporary Problems
The so-called proportionality test of modifications to the Canadian Constitution are discussed. The Constitution is, at times, described as a moving target for change.
Any Which Way But Loose: Interpretive Strategies And Attitudes Toward Violence In The Evolution Of The Anglo-American “Retreat Rule”, Garrett Epps
Law and Contemporary Problems
The doctrine of self-defense and the retreat rule are discussed. Questions of justification and excuse are explored.
Legal Education And The Theatre Of The Absurd: "Can't Anybody Play This Here Game?", Paul A. Lebel
Legal Education And The Theatre Of The Absurd: "Can't Anybody Play This Here Game?", Paul A. Lebel
Faculty Publications
No abstract provided.
The Bill Of Rights, Social Contract Theory, And The Rights “Retained” By The People, Thomas B. Mcaffee
The Bill Of Rights, Social Contract Theory, And The Rights “Retained” By The People, Thomas B. Mcaffee
Scholarly Works
The Ninth Amendment provides that “[t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” There is no question that this Amendment was designed as a savings clause, to ensure that the specification of particular rights would not raise an inference that the Bill of Rights exhausted the rights which the people held as against the newly-created national government. But there is an ongoing debate as to nature of these additional rights retained by the people and as to the sort of claim they might support against the exercise …
New York State Constitutional Decisions: 1991 Compilation
New York State Constitutional Decisions: 1991 Compilation
Touro Law Review
No abstract provided.
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
Faculty Scholarship
Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …
Race And The Core Curriculum In Legal Education, Fran Ansley
Race And The Core Curriculum In Legal Education, Fran Ansley
Scholarly Works
No abstract provided.
A Moderate Anti-Abortion View, Bruce Ledewitz
A Moderate Anti-Abortion View, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Passport Photos And Stays Of Execution, Bruce Ledewitz
Passport Photos And Stays Of Execution, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Economic Efficiency Of The Robust Rules Of Modern Product Liability Law, Ronald Sisselman, David R. Wade
The Economic Efficiency Of The Robust Rules Of Modern Product Liability Law, Ronald Sisselman, David R. Wade
Northern Illinois University Law Review
Since the 1960's, courts have embraced rules imposing "strict liability" on manufacturers for defective products while eschewing traditional negligence rules. This shift has generated considerable scholarship. Much of this scholarship has utilized economic models to analyze legal rules in terms of their economic efficiency. This article, by partitioning the "accident event space," derives and focuses on an alternative set of economically efficient "robust rules" to the inappropriate and narrow "simple rules" derived by previous scholars. Through an examination of existing case law, this article demonstrates that these economically efficient "robust rules" more accurately explain courts' notion of strict liability and …
Doe V. University Of Michigan, District Court Strikes Down University Policy Against Racial Harassment On Grounds Of Vagueness And Overbreadth, Timothy B. Zollinger
Doe V. University Of Michigan, District Court Strikes Down University Policy Against Racial Harassment On Grounds Of Vagueness And Overbreadth, Timothy B. Zollinger
Northern Illinois University Law Review
This note examines the United States District Court for the Eastern District of Michigan decision invalidating the University of Michigan's racial harassment policy. The issue facing the court was one of first impression and was whether a university may adopt a racial harassment policy designed to protect harassment and intimidation on the basis of race, without infringing upon an individuals' first amendment rights to free speech and expression. This Note examines the court's decision invalidating the policy and ultimately concludes that such decision was mandated by the University's enforcement of the policy.