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Constitutional Law

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Articles 2881 - 2910 of 3262

Full-Text Articles in Civil Rights and Discrimination

Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin Jan 1986

Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin

Touro Law Review

No abstract provided.


A Race By Any Other Name: The Interplay Between Ethnicity, National Origin And Race For Purposes Of Section 1981, Eileen R. Kaufman Jan 1986

A Race By Any Other Name: The Interplay Between Ethnicity, National Origin And Race For Purposes Of Section 1981, Eileen R. Kaufman

Scholarly Works

No abstract provided.


Thornburg V. Gingles, Lewis F. Powell Jr. Oct 1985

Thornburg V. Gingles, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Michigan V. Jackson, Lewis F. Powell Jr. Oct 1985

Michigan V. Jackson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


In Pursuit Of Racial Utopias: Fair Housing, Quotas, And Goals In The 1980'S, Rodney A. Smolla Mar 1985

In Pursuit Of Racial Utopias: Fair Housing, Quotas, And Goals In The 1980'S, Rodney A. Smolla

Scholarly Articles

None available.


The Most Sacred Text: The Supreme Court's Use Of The Federalist Papers, James G. Wilson Mar 1985

The Most Sacred Text: The Supreme Court's Use Of The Federalist Papers, James G. Wilson

BYU Law Review

No abstract provided.


Of Cultural Determinism And The Limits Of Law, Paul R. Dimond, Gene Sperling Feb 1985

Of Cultural Determinism And The Limits Of Law, Paul R. Dimond, Gene Sperling

Michigan Law Review

A Review of Civil Rights: Rhetoric or Reality? by Thomas Sowell


The Burden Of Brown: Thirty Years Of School Desegregation, Michigan Law Review Feb 1985

The Burden Of Brown: Thirty Years Of School Desegregation, Michigan Law Review

Michigan Law Review

A Review of The Burden of Brown: Thirty Years of School Desegregation by Raymond Wolters


The Washington Constitutional "State Action" Doctrine: A Fundamental Right To State Action, David M. Skover Jan 1985

The Washington Constitutional "State Action" Doctrine: A Fundamental Right To State Action, David M. Skover

Seattle University Law Review

The time is ripe to establish the nature of the Washington "state action" doctrine and its theoretical purposes, and to evaluate its capacity to serve the functions justifying its existence. This Article will perform this exegesis. This Article proposes the dismantlement of the Washington "state action" doctrine and the recognition that cases involving competing private claims of state constitutional liberties present justiciable controversies that must be decided by conscious and comprehensive judicial investigation of the merits.


Whose Rights? What Danger?, Michael E. Tigar Jan 1985

Whose Rights? What Danger?, Michael E. Tigar

Faculty Scholarship

No abstract provided.


A Word For The Common Good, Thomas L. Shaffer Jan 1985

A Word For The Common Good, Thomas L. Shaffer

Washington and Lee Law Review

No abstract provided.


The Heart Of The Lawyer's Craft, Peter R. Teachout Jan 1985

The Heart Of The Lawyer's Craft, Peter R. Teachout

Washington and Lee Law Review

No abstract provided.


The Continuing Presence Of Dred Scott, Lewis H. Larue Jan 1985

The Continuing Presence Of Dred Scott, Lewis H. Larue

Washington and Lee Law Review

No abstract provided.


The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun Jan 1985

The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun

Publications

No abstract provided.


Oregon V. Elstad, Lewis F. Powell Jr. Oct 1984

Oregon V. Elstad, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Desegregating The University Of Florida Law School: Virgil Hawkins V. The Florida Board Of Control, Darryl Paulson, Paul Hawkes Apr 1984

Desegregating The University Of Florida Law School: Virgil Hawkins V. The Florida Board Of Control, Darryl Paulson, Paul Hawkes

Florida State University Law Review

No abstract provided.


Xi. Prisoners' Rights Mar 1984

Xi. Prisoners' Rights

Washington and Lee Law Review

No abstract provided.


Vi. Constitutional Law & Civil Rights Mar 1984

Vi. Constitutional Law & Civil Rights

Washington and Lee Law Review

No abstract provided.


The Law Giveth…Legal Aspects Of The Abortion Controversy, Michigan Law Review Feb 1984

The Law Giveth…Legal Aspects Of The Abortion Controversy, Michigan Law Review

Michigan Law Review

A Review of The Law Giveth…Legal Aspects of the Abortion Controversy by Barbara Milbauer


Abortion, Politics, And The Courts: Roe V. Wade And Its Aftermath, Michigan Law Review Feb 1984

Abortion, Politics, And The Courts: Roe V. Wade And Its Aftermath, Michigan Law Review

Michigan Law Review

A Review of Abortion, Politics, and the Courts: Roe v. Wade and Its Aftermath by Eva R. Rubin


Director, Office Of Workers' Compensation Programs V. Perini North River Associates: Judicial Dilution Of The Longshoremen's And Harbor Workers' Compensation Act's 'Status' Requirement, Roberto L. Corrada Jan 1984

Director, Office Of Workers' Compensation Programs V. Perini North River Associates: Judicial Dilution Of The Longshoremen's And Harbor Workers' Compensation Act's 'Status' Requirement, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

In Director, Office of Workers' Compensation Programs v. Perini North River Associates, the Supreme Court effectively deleted from the LHWCA the section 2(3) "status" requirement as it pertains to workers injured on actual navigable waters of the United States. The Court's generous view of the 1972 amendments will clearly result in more workers being able to recover benefits under the Act. At the same time, however, the Court's means of expanding the Act without relying on clear congressional intent disturbs traditional notions of judicial review and implies an attempt at judicial legislation.

Although the Court noted that it intended to …


The Fee Awards Act Of 1976: Examining The Foundation For Legislative Reform Of Attorney's Fees Shifting, 18 J. Marshall L. Rev. 77 (1984), Randall R. Rader Jan 1984

The Fee Awards Act Of 1976: Examining The Foundation For Legislative Reform Of Attorney's Fees Shifting, 18 J. Marshall L. Rev. 77 (1984), Randall R. Rader

UIC Law Review

No abstract provided.


Equal Protection Scrutiny Of High School Athletics, Barbara L. Pryor Jan 1984

Equal Protection Scrutiny Of High School Athletics, Barbara L. Pryor

Kentucky Law Journal

No abstract provided.


Privacy And The Sex Bfoq: An Immodest Proposal, Carolyn S. Bratt Jan 1984

Privacy And The Sex Bfoq: An Immodest Proposal, Carolyn S. Bratt

Law Faculty Scholarly Articles

Since the adoption of Title VII of the Civil Rights Act of 1964, courts have been called upon to determine whether an employer can avoid liability for refusing to hire employees of one sex by invoking the privacy rights of its customers. Two recent court decisions are illustrative of the question and its resolution. In Backus v. Baptist Medical Center, the defendant employer's policy of excluding male nurses from the labor and delivery section of its obstetrics and gynecology department was challenged. The defendant established that most of the duties of a labor and delivery nurse involve exposure to …


Sexual Equality, The Equal Protection Clause, And The Era, Phyllis N. Segal Jan 1984

Sexual Equality, The Equal Protection Clause, And The Era, Phyllis N. Segal

Buffalo Law Review

No abstract provided.


On Complaining About The Burger Court, Robert F. Nagel Jan 1984

On Complaining About The Burger Court, Robert F. Nagel

Publications

No abstract provided.


Freedom Of Association After Roberts V. United States Jaycees, Douglas O. Linder Jan 1984

Freedom Of Association After Roberts V. United States Jaycees, Douglas O. Linder

Faculty Works

No abstract provided.


What Standards Apply When Freedoms Collide?, Neal Devins Jan 1984

What Standards Apply When Freedoms Collide?, Neal Devins

Faculty Publications

No abstract provided.


Substantive Due Process And The Scope Of Constitutional Torts, Michael L. Wells, Thomas A. Eaton Jan 1984

Substantive Due Process And The Scope Of Constitutional Torts, Michael L. Wells, Thomas A. Eaton

Scholarly Works

The thesis of this Article is that both the Supreme Court and its critics have failed to identify and confront the central issue presented by these due process constitutional tort cases. That issue is neither procedural fairness nor the choice between state and federal courts. It is deciding whether a government-inflicted injury to life, liberty, or property violates the substantive protections of the due process clauses and thereby warrants a constitutionally derived tort remedy. In Part II of this Article we examine the Supreme Court's decisions in this area, focusing primarily on Parratt v. Taylor. We demonstrate that neither Parratt …


Race And The Decision To Detain A Suspect, Sheri Johnson Dec 1983

Race And The Decision To Detain A Suspect, Sheri Johnson

Cornell Law Faculty Publications

No abstract provided.