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Articles 2911 - 2940 of 3331
Full-Text Articles in Law
Waiver Of Constitutional Issues In Criminal Cases: Confusion In The Illinois Supreme Court, Timothy P. O'Neill
Waiver Of Constitutional Issues In Criminal Cases: Confusion In The Illinois Supreme Court, Timothy P. O'Neill
Northern Illinois University Law Review
For years, a serious problem has faced an Illinois criminal defendant who challenged the constitutionality of the statute supporting his conviction for the first time on appeal. Two contradictory lines of Illinois Supreme Court authority came to opposite conclusions on whether the issue had been waived. This article examines the failure of the Illinois Supreme Court squarely to confront this issue.
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann
Faculty Scholarship
This Essay is an effort to construct a normative basis for a constitutional theory to resist the Supreme Court's recent decision in DeShaney v. Winnebago County Department of Social Services.1 In DeShaney, the Court decided that a local social service worker's failure to prevent child abuse did not violate the due process clause of the fourteenth amendment even though the social worker "had reason to believe" the abuse was occurring. 2 Chief Justice Rehnquist's opinion for the Court held that government inaction cannot violate due process unless the state has custody of the victim, 3 thus settling a controversial …
Rethinking "Original Intent", David B. Lyons
Rethinking "Original Intent", David B. Lyons
Faculty Scholarship
Although Dred Scott v. Sandford is one of the Supreme Court's most controversial decisions, it is not often taught or read. But its approach to constitutional interpretation is by no means outdated, and its historical importance has not diminished. So it seems a good example to consider.
Rent Appropriation And The Labor Law Doctrine Of Successorship, Keith N. Hylton
Rent Appropriation And The Labor Law Doctrine Of Successorship, Keith N. Hylton
Faculty Scholarship
When there is a change of corporate control in a business enterprise a question arises as to whether the new employer should be bound by the predecessor's collective bargaining relationship with the union representing the predecessor's employees. This is known as the successorship problem in labor law.' Successorship doctrine is complex and controversial. Several commentators have attempted to reconcile Supreme Court decisions and to ascertain the assumptions underlying the Court's opinions in this area.2 This Article does not attempt to do this, although paradoxically, the arguments presented may lead to reconciliation of many of the Supreme Court's decisions relating to …
A Course On The Constitution, Thomas E. Baker, James E. Viator
A Course On The Constitution, Thomas E. Baker, James E. Viator
Journal of Legal Education
No abstract provided.
The Solicitor General And The Evolution Of Activism, James L. Cooper
The Solicitor General And The Evolution Of Activism, James L. Cooper
Indiana Law Journal
No abstract provided.
In Search Of A Fourth Amendment For The Twenty-First Century, Lewis R. Katz
In Search Of A Fourth Amendment For The Twenty-First Century, Lewis R. Katz
Indiana Law Journal
No abstract provided.
Resolving Retroactivity After: Teague V. Lane, Ellen E. Boshkoff
Resolving Retroactivity After: Teague V. Lane, Ellen E. Boshkoff
Indiana Law Journal
No abstract provided.
Substantive Due Process Analysis And The Lockean Liberal Tradition: Rethinking The Modern Privacy Cases, Jeffrey S. Koehlinger
Substantive Due Process Analysis And The Lockean Liberal Tradition: Rethinking The Modern Privacy Cases, Jeffrey S. Koehlinger
Indiana Law Journal
No abstract provided.
Arbitration Of Securities Disputes: Rodriguez And New Arbitration Rules Leave Investors Holding A Mixed Bag, William C. Hermann
Arbitration Of Securities Disputes: Rodriguez And New Arbitration Rules Leave Investors Holding A Mixed Bag, William C. Hermann
Indiana Law Journal
No abstract provided.
Constitutional Cultures: The Mentality And Consequences Of Judicial Review, Leonard P. Strickman
Constitutional Cultures: The Mentality And Consequences Of Judicial Review, Leonard P. Strickman
Northern Illinois University Law Review
In this book review, Professor Strickman concludes that, overall, Robert Nagel has produced a thought-provoking book that endorses judicial self-restraint by the United States Supreme Court. Although this review challenges some of Nagel's assertions, Strickman maintains this book should be a valuable addition to the libraries of constitutional law scholars.
In Lieu Of Preclusion: Reconciling Administrative Decisionmaking And Federal Civil Rights Claims, Marjorie A. Silver
In Lieu Of Preclusion: Reconciling Administrative Decisionmaking And Federal Civil Rights Claims, Marjorie A. Silver
Indiana Law Journal
No abstract provided.
Religious Free Speech Rights Of Students In Public Schools: The Educator's Dilemma, Rosalie Levinson
Religious Free Speech Rights Of Students In Public Schools: The Educator's Dilemma, Rosalie Levinson
Law Faculty Publications
No abstract provided.
Book Review: The Limits Of Judicial Power: The Supreme Court In American Politics, David S. Bogen
Book Review: The Limits Of Judicial Power: The Supreme Court In American Politics, David S. Bogen
Faculty Scholarship
No abstract provided.
The Supreme Court And The First Amendment: The 1989-90 Term, Elliot M. Mincberg
The Supreme Court And The First Amendment: The 1989-90 Term, Elliot M. Mincberg
NYLS Journal of Human Rights
No abstract provided.
First Amendment And Land Use, In Recent Developments In Land Use, Planning, And Zoning, Alan C. Weinstein
First Amendment And Land Use, In Recent Developments In Land Use, Planning, And Zoning, Alan C. Weinstein
Law Faculty Articles and Essays
Once again in the past year, the U.S. Supreme Court has entered an opinion involving the first amendment that has significant ramifications for local zoning and planning. This marks the third time since 1986 that the Court has handed down a decision in this field. The most important development in this area of the law since last year's committee report is the Supreme Court's decision in FW/PBS, Inc. v. City of Dallas, which addressed the validity of a comprehensive adult entertainment zoning and licensing ordinance enacted by Dallas in 1986. FW/PBS was followed with great interest because it marked the …
A Judicial Postscript To The Church-State Debates Of 1989: How Porous The Wall, How Civil The State?, William W. Van Alstyne
A Judicial Postscript To The Church-State Debates Of 1989: How Porous The Wall, How Civil The State?, William W. Van Alstyne
Faculty Scholarship
This work is a continuation of the debate regarding the Establishment Clause. The focus lies with Justice O’Connor’s concurrence in County of Allegheny v. ACLU and how this opinion harkens back to a concept shared by Jefferson and Madison, that the establishment clause is designed to prevent government favoritism.
Finley V. United States: Unstringing Pendent Jurisdiction, Wendy Collins Perdue
Finley V. United States: Unstringing Pendent Jurisdiction, Wendy Collins Perdue
Law Faculty Publications
The approach adopted by the Supreme Court in Finley v. United States calls into question not only pendent-claim jurisdiction but ancillary jurisdiction as well. Particularly vulnerable to attack are those uses of ancillary jurisdiction that involve the addition of new parties such as class action, intervention, and impleader. Furthermore, the opinion may lay a foundation for attacking ancillary-claim jurisdiction involving counterclaims or cross-claims. This commentary will examine Finley and the potential impact of the opinion on the various permutations of ancillary and pendent jurisdiction.
The Future Of Minority Set-Aside Programs After City Of Richmond, Judy Kerczewski Kranjc
The Future Of Minority Set-Aside Programs After City Of Richmond, Judy Kerczewski Kranjc
Cleveland State Law Review
One type of controversial affirmative action plan is the minority set-aside program. This Note will focus on the future of these plans in the wake of the recent Supreme Court decision, City of Richmond v. J.A. Croson Co. First, an examination of the background of affirmative action leading up to set-asides is in order. Second, this Note will analyze City of Richmond and the constitutional and social issues at stake, balancing whether minority set-asides are needed with the recognition that discrimination and lack of economic opportunity for minorities still exists in our society. Finally, the Note will examine several lower …
The Pattern Of Racketeering Element Of Rico Liability, Committee On Federal Courts Of The New York State Bar Association
The Pattern Of Racketeering Element Of Rico Liability, Committee On Federal Courts Of The New York State Bar Association
Touro Law Review
No abstract provided.
Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn
Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn
Touro Law Review
No abstract provided.
Slaying The Dragon Of Politics With The Sword Of Law: Bork's Tempting Of America, Gerard V. Bradley
Slaying The Dragon Of Politics With The Sword Of Law: Bork's Tempting Of America, Gerard V. Bradley
Journal Articles
The Tempting of America by Robert Bork book review.