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Articles 2941 - 2970 of 3251
Full-Text Articles in Constitutional Law
Slouching Toward Bethlehem With The Ninth Amendment, William W. Van Alstyne
Slouching Toward Bethlehem With The Ninth Amendment, William W. Van Alstyne
Faculty Publications
This review discusses Charles Black’s work “Decision According to Law”, which examines the tendency and the means used by activist judges to provide fair decisions through the use of more flexible principles of Constitutional law. While Black’s writing style is both informative and powerful, his original thesis regarding the Ninth Amendment acting as Congressional endorsement of the courts’ activist role is uncompelling and poorly supported.
Title Vi And The Constitution: A Regulatory Model For Defining ‘Discrimination’, Charles F. Abernathy
Title Vi And The Constitution: A Regulatory Model For Defining ‘Discrimination’, Charles F. Abernathy
Georgetown Law Faculty Publications and Other Works
In recent years confusion has surrounded the proper interpretation of title V1 of the Civil Rights Act of 1964, which prohibits discrimination in programs receiving federal financial assistance. Some courts have held that the title prohibits only intentional discrimination. Others have held that it proscribes actions having discriminatory effects as well, an interpretation that imposes a great burden on federal grantees. The Supreme Court heightened the confusion when five individual justices in Regents of the University of California v. Bakke questioned the propriety of the Court's earlier adoption of an "effects" test for title VI. Professor Abernathy argues that this …
Certain Named And Unnamed Non-Citizen Children And Their Parents V. Texas, Lewis F. Powell Jr.
Certain Named And Unnamed Non-Citizen Children And Their Parents V. Texas, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Inequitable Burden Of School Desegregation Remedies: The Effects Of Shift In Supreme Court Decisions On The Buffalo School Desegregation Case, Denise E. O'Donnell
The Inequitable Burden Of School Desegregation Remedies: The Effects Of Shift In Supreme Court Decisions On The Buffalo School Desegregation Case, Denise E. O'Donnell
Buffalo Law Review
No abstract provided.
The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne
The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne
Faculty Publications
Responding to the trend of media rights being subjugated through the legal process, this article examines Justice Stewart's suggestion that the media should be treated with extra deference in First Amendment cases. This examination looks at the sufficiency of the press's claim of judicial harshness, whether the press should be treated differently than other speakers, and also compares press freedom in foreign nations.
Maryland's Equal Rights Amendment Challenges The Common Law Action Of Criminal Conversation: Kline V. Ansell, Mckay Marsden
Maryland's Equal Rights Amendment Challenges The Common Law Action Of Criminal Conversation: Kline V. Ansell, Mckay Marsden
BYU Law Review
No abstract provided.
The Supreme Court's Interpretation Of The Civil Rights Act Of 1964: Liberty, Equality And The Limitation Of Judicial Power, Stephen L. Fluckiger
The Supreme Court's Interpretation Of The Civil Rights Act Of 1964: Liberty, Equality And The Limitation Of Judicial Power, Stephen L. Fluckiger
BYU Law Review
No abstract provided.
Complaint's Reliance On Seemingly Authoritative Statements Of Tec Employee Insufficient Equitable Grounds To Toll Title Vii Eeoc Filing Limitation., Thomas Mckenzie
Complaint's Reliance On Seemingly Authoritative Statements Of Tec Employee Insufficient Equitable Grounds To Toll Title Vii Eeoc Filing Limitation., Thomas Mckenzie
St. Mary's Law Journal
Abstract Forthcoming.
Remedies And Damages For Violation Of Constitutional Rights, Frank M. Mcclellan, Phoebe Haddon Northcross
Remedies And Damages For Violation Of Constitutional Rights, Frank M. Mcclellan, Phoebe Haddon Northcross
Duquesne Law Review
No abstract provided.
Remedies And Damages For Violation Of Constitutional Rights, Frank M. Mcclellan, Phoebe A. Haddon
Remedies And Damages For Violation Of Constitutional Rights, Frank M. Mcclellan, Phoebe A. Haddon
Faculty Scholarship
No abstract provided.
Racial Preference And The Constitution: The Societal Interest In The Equal Participation Objective, Robert Allen Sedler
Racial Preference And The Constitution: The Societal Interest In The Equal Participation Objective, Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.
5. Social Inquiry: Instructional Manual To Accompany 'Mark', Matthew Lipman, Ann Margaret Sharp
5. Social Inquiry: Instructional Manual To Accompany 'Mark', Matthew Lipman, Ann Margaret Sharp
Secondary School Curriculum
The task of social studies as a discipline is to focus students’ already developed thinking skills upon the conceptual foundation of the social sciences. Students will think about these underlying concepts if they can talk about them, and they will talk about what they perceive as controversial or problematic. This, then, is what Mark and Social Inquiry aim to do: to identify selected root issues in the social sciences and expose to students the conflicting concepts at the heart of each issue.
Can The Boat People Assert A Right To Remain In Asylum?, Brian Roberts
Can The Boat People Assert A Right To Remain In Asylum?, Brian Roberts
Seattle University Law Review
World political reaction to the Southeast Asian refugee crisis has not asserted the refugees' human rights under international law. As a result, most of the refugees lack security from forcible return to the conditions they fled. They would have that security if the world powers act instead to implement non-refoulement, an established moral principle that arguably has attained the status of customary international law.
The Constitution And School Desegregation: An Inquiry Into The Nature Of The Substantive Right, Robert Allen Sedler
The Constitution And School Desegregation: An Inquiry Into The Nature Of The Substantive Right, Robert Allen Sedler
Kentucky Law Journal
No abstract provided.
4. Mark (Novel), Matthew Lipman
4. Mark (Novel), Matthew Lipman
Secondary School Curriculum
The high school has been vandalized, and Mark is arrested at the scene of the crime. He claims he is a “victim of society.” But what is society? What forces hold it together or work to pull it apart? These are questions to which Mark and his classmates address themselves. What they seek are ways of evaluating social institutions, rules and values, so as to determine how well society is able to live up to the ideals which, at one time or another, have been set for it. They pay particular attention to the nature of law and crime, tradition, …
Broadening Access To The Courts And Clarifying Judicial Standards: Sex Discrimination Cases In The 1978-1979 Supreme Court Term, Janice M. Hamilton, Janine S. Hiller, Joyce Ann Naumann, Barbara H. Vann
Broadening Access To The Courts And Clarifying Judicial Standards: Sex Discrimination Cases In The 1978-1979 Supreme Court Term, Janice M. Hamilton, Janine S. Hiller, Joyce Ann Naumann, Barbara H. Vann
University of Richmond Law Review
During the 1978-79 Term of the Supreme Court, sex discrimination continued to be an area of active judicial concern, with the Court deciding eight cases alleging unlawful sex discrimination. The purpose of this note is to present the Court's holdings and its rationale in these decisions, to analyze the significance of the decisions in view of the Court's past rulings, and to suggest possible implications for future sex discrimination cases.
Federalism And Social Change, Terrance Sandalow
Federalism And Social Change, Terrance Sandalow
Articles
A familiar passage in Professors Hart and Wechsler's casebook likens the relationship between federal and state law to that which exists between statutes and the common law. The underlying idea is that federal law rests upon a substructure of state law. "It builds upon legal relationships established by the states, altering or supplanting them only so far as necessary for [its] special purpose."' A similar relationship exists between state and federal judicial systems. State courts are courts of general jurisdiction, assumed to have authority to adjudicate controversies unless Congress has displaced them by conferring exclusive jurisdiction on federal courts. Federal …
Judicial Competence And Fundamental Rights, Earl S. Maltz, Ira C. Lupu
Judicial Competence And Fundamental Rights, Earl S. Maltz, Ira C. Lupu
Michigan Law Review
In the April 1979 issue of the Michigan Law Review, Professor Ira Lupu added his valuable contribution to the continuing debate on the problem of defining the nature of fundamental rights under the Constitution. In many respects his article is a wholly admirable piece of scholarship, both well-researched and carefully reasoned. However, on one issue - the question of judicial competence to identify the values he defines as fundamental - Professor Lupu's discussion is seriously deficient. This letter will examine the problem of judicial competence and conclude that it is fatal to Professor Lupu's conception of the appropriate role …
City Of Mobile, Alabama V. Bolden, Lewis F. Powell Jr.
City Of Mobile, Alabama V. Bolden, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Fullilove V. Klutznick (Formerly Kreps), Lewis F. Powell Jr.
Fullilove V. Klutznick (Formerly Kreps), Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Bakke, Weber And Mr. Justice Stewart: Constitutional Theory And Affirmative Action, Albert Broderick
Bakke, Weber And Mr. Justice Stewart: Constitutional Theory And Affirmative Action, Albert Broderick
North Carolina Central Law Review
No abstract provided.
Rewriting Roe V. Wade, Donald H. Regan
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
Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne
Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne
Faculty Publications
No abstract provided.
Beyond Bakke: The Constitution And Redressing The Social History Of Racism, Robert Allen Sedler
Beyond Bakke: The Constitution And Redressing The Social History Of Racism, Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.
Ruminations On The Quality Of Equality, Philip B. Kurland
Ruminations On The Quality Of Equality, Philip B. Kurland
BYU Law Review
No abstract provided.
Three Views Of Equal Protection : A Backdrop To Bakke, J. Frederic Voros Jr.
Three Views Of Equal Protection : A Backdrop To Bakke, J. Frederic Voros Jr.
BYU Law Review
No abstract provided.
The Covenant On Civil And Political Rights As The Law Of The Land, Alice A. Noble
The Covenant On Civil And Political Rights As The Law Of The Land, Alice A. Noble
Villanova Law Review (1956 - )
No abstract provided.
Civil Rights - Employment Discrimination - Employer May Establish Voluntary Affirmative Action Program Within Area Of Discretion Granted By Title Vii, Penny Tannenbaum
Civil Rights - Employment Discrimination - Employer May Establish Voluntary Affirmative Action Program Within Area Of Discretion Granted By Title Vii, Penny Tannenbaum
Villanova Law Review (1956 - )
No abstract provided.
The Body Of John Merryman: Ex Parte Merryman, A Case Of Executive-Judicial Conflict Over The Suspension Of Habeas Corpus, Eric Paul Anderson
The Body Of John Merryman: Ex Parte Merryman, A Case Of Executive-Judicial Conflict Over The Suspension Of Habeas Corpus, Eric Paul Anderson
All Master's Theses
At the outbreak of the Civil War the Federal military arrested certain people whose loyalty was suspect. One victim, John Merryman, attempted to free himself by petitioning for a writ of habeas corpus. However, President Lincoln authorized the military to suspend the writ in such cases. The matter came before Chief Justice Taney who disputed the president's authority to suspend the writ and ruled in Merryman's favor. This thesis recounts the history of the habeas corpus process in Anglo-American law and its inclusion in the Constitution, Merryman's role in the first hostilities, his arrest, and the attempt to free him. …
Federal Courts - 42 U.S.C. 1983 - Suing Municipalities Under 42 U.S.C. 1983: The Impact Of Monell V. Department Of Social Services, Howard M. Klein
Federal Courts - 42 U.S.C. 1983 - Suing Municipalities Under 42 U.S.C. 1983: The Impact Of Monell V. Department Of Social Services, Howard M. Klein
Villanova Law Review (1956 - )
No abstract provided.