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Articles 2881 - 2910 of 3331
Full-Text Articles in Law
Eighteen Feet Of Clay: Thoughts On Phantom Rule 4(M), Gene R. Shreve
Eighteen Feet Of Clay: Thoughts On Phantom Rule 4(M), Gene R. Shreve
Indiana Law Journal
No abstract provided.
Religious Purpose, Inerrancy, And The Establishment Clause, Daniel O. Conkle
Religious Purpose, Inerrancy, And The Establishment Clause, Daniel O. Conkle
Indiana Law Journal
No abstract provided.
Compounding Confusion And Hampering Diversity: Life After Finley And The Supplemental Jurisdiction Statute, Richard D. Freer
Compounding Confusion And Hampering Diversity: Life After Finley And The Supplemental Jurisdiction Statute, Richard D. Freer
Faculty Articles
It has been a tough couple of years for supplemental jurisdiction. In recent decades, the doctrine, which earlier had been called the "child of necessity and sire of confusion," had become somewhat less confusing. The Supreme Court created a flurry of concern over the future of the doctrine with a pair of restrictive decisions in the late 1970s, but showed no further interest; the lower courts generally interpreted those holdings narrowly. With exceptions in a couple of areas, the application of supplemental jurisdiction in the various joinder situations became relatively clear and predictable, and the doctrine played a major role …
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers
Law Faculty Scholarly Articles
Possibly the most unsettling phenomenon in the Supreme Court's 1988 term was Justice White's decision to vote contrary to his own exhaustively stated reasoning in Pennsylvania v. Union Gas Co. His unexplained decision to vote against the result of his own analysis lends support to those who argue that law, or at least constitutional law, is fundamentally indeterminate. Proponents of the indeterminacy argument sometimes base their position on the allegedly inescapable inconsistency of decisions made by a multi-member court. There is an answer to the inconsistency argument, but it founders if justices sometimes vote, without explanation, on the basis of …
From Widmar To Mergens: The Winding Road Of First Amendment Analysis, Rosemary C. Salomone
From Widmar To Mergens: The Winding Road Of First Amendment Analysis, Rosemary C. Salomone
Faculty Publications
(Excerpt)
In 1981, the Supreme Court decided Widmar v. Vincent, holding that a state university that created a "limited open forum" by opening its facilities to student organizations must grant equal access to religiously affiliated groups. The university's failure to do so constituted content-based discrimination that violated the First Amendment to the United States Constitution. The Court rejected the university's argument that its policy to disallow religious meetings on campus was implemented to avoid contravening establishment clause principles. The Court's opinion was inconclusive as to whether the Widmar rationale would apply to secondary schools.
During the same period, Congress …
Book Review Of The U.S. Supreme Court: A Bibliography, James S. Heller
Book Review Of The U.S. Supreme Court: A Bibliography, James S. Heller
Library Staff Publications
No abstract provided.
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Touro Law Review
No abstract provided.
Qualifications Of Governor And Lieutenant-Governor
Qualifications Of Governor And Lieutenant-Governor
Touro Law Review
No abstract provided.
Justice Brennan, Peter L. Strauss
Justice Brennan, Peter L. Strauss
Faculty Scholarship
The editors of the St. John's Law Review have given me the boon of a few pages in which to celebrate Justice Brennan with you. The problem for a former law clerk, for anyone who has known this man, is to know where to begin, and how to keep the appreciation within manageable compass.
Personal Jurisdiction And The Beetle In The Box, Wendy Collins Perdue
Personal Jurisdiction And The Beetle In The Box, Wendy Collins Perdue
Law Faculty Publications
In 1980 in World-Wide Volkswagen v. Woodson, the Supreme Court described personal jurisdiction as "an instrument of interstate federalism." Two years later in Insurance Corporation of Ireland v. Compagnie des Bauxites de Guinee, the Court back-pedaled and explained that personal jurisdiction "represents a restriction on judicial power not as a matter of sovereignty, but as a matter of individual liberty." Then, in 1985 in Phillips Petroleum v. Shutts, the Court explained that the purpose of personal jurisdiction is "to protect a defendant from the travail of defending in a distant forum." Three years later in Van Cauwenberghe v. Biard, …
Lien Avoidance On Exemptions: The False Controversy Over Opt-Out, Lawrence Kalevitch
Lien Avoidance On Exemptions: The False Controversy Over Opt-Out, Lawrence Kalevitch
Oklahoma Law Review
No abstract provided.
Constitutional Law: Can Music Be Considered Obscene? Skyywalker Records, Inc. V. Navarro: The 2 Live Crew, Obscene Or Oppressed?, Kirk A. Olson
Constitutional Law: Can Music Be Considered Obscene? Skyywalker Records, Inc. V. Navarro: The 2 Live Crew, Obscene Or Oppressed?, Kirk A. Olson
Oklahoma Law Review
No abstract provided.
Power Not Reason: Justice Marshall's Valedictory And The Fourth Amendment In The Supreme Court's 1990 Term , Bruce A. Green
Power Not Reason: Justice Marshall's Valedictory And The Fourth Amendment In The Supreme Court's 1990 Term , Bruce A. Green
Faculty Scholarship
In its 1990 Term, the United States Supreme Court heard five cases involving the Fourth Amendment. In this article, Professor Bruce Green analyzes these five search-and-seizure decisions in light of Justice Marshall's criticism that '[Plower, not reason, is the new currency of this Court's decision-making." He examines the various considerations the Court advances in its Fourth Amendment analysis-interpretive principle, policy, and precedent--and discovers inconsistencies in the importance assigned to each of these considerations in a series of cases decided very close together by virtually the same Justices. Each approach controlled, Professor Green argues, only when it could be said to …
Environmental Law (Symposium: The Supreme Court And Local Government Law: The 1989-90 Term), Leon D. Lazer
Environmental Law (Symposium: The Supreme Court And Local Government Law: The 1989-90 Term), Leon D. Lazer
Scholarly Works
No abstract provided.
Right-To-Die, Bruce N. Morton
Section 1983, Martin A. Schwartz, George Pratt, Leon Friedman
Section 1983, Martin A. Schwartz, George Pratt, Leon Friedman
Scholarly Works
No abstract provided.
Introduction, Howard Glickstein, Leon D. Lazer
Interaction Between State And Federal Right To Counsel: The Overruling Of Bartolomeounsel: The Overruling Of Bartolomeo, Joseph D. Sullivan
Interaction Between State And Federal Right To Counsel: The Overruling Of Bartolomeounsel: The Overruling Of Bartolomeo, Joseph D. Sullivan
Touro Law Review
No abstract provided.