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Articles 3121 - 3150 of 3555
Full-Text Articles in Constitutional Law
Changing The Constitutional Jurisdiction Of The Indiana Supreme Court: Letting A Court Of Last Resort Act Like One, Randall T. Shepard
Changing The Constitutional Jurisdiction Of The Indiana Supreme Court: Letting A Court Of Last Resort Act Like One, Randall T. Shepard
Indiana Law Journal
No abstract provided.
Justice Brennan: The Heart Has Its Reasons, Richard D. Cudahy
Justice Brennan: The Heart Has Its Reasons, Richard D. Cudahy
Cardozo Law Review
No abstract provided.
Compensation For Regulatory Takings: Finality Of Local Decisionmaking And The Measure Of Compensation, David A. Arrensen
Compensation For Regulatory Takings: Finality Of Local Decisionmaking And The Measure Of Compensation, David A. Arrensen
Indiana Law Journal
No abstract provided.
Of History And Due Process, Edward P. Steegmann
Of History And Due Process, Edward P. Steegmann
Indiana Law Journal
No abstract provided.
A Job For The Judges: The Judiciary And The Constitution In A Massive And Complex Society, Neil K. Komesar
A Job For The Judges: The Judiciary And The Constitution In A Massive And Complex Society, Neil K. Komesar
Michigan Law Review
This article attempts that task by exploring the elements of institutional choice in constitutional law. Part I takes an overview of the general division of decisionmaking responsibility between the political processes and the courts. It also examines the failures of existing theories to take account of this division of responsibility. Part II identifies two theories of political malfunction - those circumstances in which political processes are subject to significant doubt or distrust and, therefore, prime candidates for judicial review. Part III examines the characteristics - limits, biases, and abilities - of the judiciary and the potential for judicial response to …
Johnson V. Transportation Agency: The United States Supreme Court Weighs Statistical Imbalance In Favor Of Affirmative Action, 21 J. Marshall L. Rev. 593 (1988), Denise C. Hockley-Cann
Johnson V. Transportation Agency: The United States Supreme Court Weighs Statistical Imbalance In Favor Of Affirmative Action, 21 J. Marshall L. Rev. 593 (1988), Denise C. Hockley-Cann
UIC Law Review
No abstract provided.
Nollan V. California Coastal Commission: Unprecedented Intrusion Upon A State's Judgment Of The Proper Means To Be Applied In Land Use Regulation, 21 J. Marshall L. Rev. 641 (1988), Mary M. Cizerle
UIC Law Review
No abstract provided.
Arizona V. Hicks: Probable Cause Requirement Under The Plain View Doctrine, 21 J. Marshall L. Rev. 903 (1988), Robert J. Kuker
Arizona V. Hicks: Probable Cause Requirement Under The Plain View Doctrine, 21 J. Marshall L. Rev. 903 (1988), Robert J. Kuker
UIC Law Review
No abstract provided.
Brief For Petitioner, 21 J. Marshall L. Rev. 955 (1988), L. Lee Byrd, Yvonne T. Griffin, G. Rodney Young
Brief For Petitioner, 21 J. Marshall L. Rev. 955 (1988), L. Lee Byrd, Yvonne T. Griffin, G. Rodney Young
UIC Law Review
No abstract provided.
Brief For Respondent, 21 J. Marshall L. Rev. 983 (1988), Matthew W. Nakon, Laura J. Steffe, Steven R. Yoo
Brief For Respondent, 21 J. Marshall L. Rev. 983 (1988), Matthew W. Nakon, Laura J. Steffe, Steven R. Yoo
UIC Law Review
No abstract provided.
Affirmative Action: A Divided Supreme Court, 22 J. Marshall L. Rev. 99 (1988), Arthur J. Marinelli
Affirmative Action: A Divided Supreme Court, 22 J. Marshall L. Rev. 99 (1988), Arthur J. Marinelli
UIC Law Review
No abstract provided.
The Constitutionality Of Attorney Fee Forfeiture Under Rico And Cce, 22 J. Marshall L. Rev. 155 (1988), John R. Russell
The Constitutionality Of Attorney Fee Forfeiture Under Rico And Cce, 22 J. Marshall L. Rev. 155 (1988), John R. Russell
UIC Law Review
No abstract provided.
Doing Politics In The United States Supreme Court, 22 J. Marshall L. Rev. 265 (1988), John D. Gorby
Doing Politics In The United States Supreme Court, 22 J. Marshall L. Rev. 265 (1988), John D. Gorby
UIC Law Review
No abstract provided.
Carnegie-Mellon University V. Cohill: The United States Supreme Court Upholds The Authority Of Federal Courts To Remand Properly Removed Pendent Jurisdiction Claims, 22 J. Marshall L. Rev. 389 (1988), William Barrett
UIC Law Review
No abstract provided.
Rock V. Arkansas: Hypnosis And The Prejudice Rule - Your Memories May Not Be Your Own, 21 J. Marshall L. Rev. 409 (1988), Gail Downer Zwemke
Rock V. Arkansas: Hypnosis And The Prejudice Rule - Your Memories May Not Be Your Own, 21 J. Marshall L. Rev. 409 (1988), Gail Downer Zwemke
UIC Law Review
No abstract provided.
What The Constitution Means By Executive Power, Charles J. Cooper, Orrin Hatch, Eugene V. Rowstow, Michael E. Tigar
What The Constitution Means By Executive Power, Charles J. Cooper, Orrin Hatch, Eugene V. Rowstow, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Are State Courts Enforcing The Fourth Amendment? A Preliminary Study, Craig M. Bradley
Are State Courts Enforcing The Fourth Amendment? A Preliminary Study, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Mccleskey V. Kemp: The Supreme Court Pulls The Switch On Future Judicial Challenges To The Death Penalty, 22 J. Marshall L. Rev. 215 (1988), William H. Jones
Mccleskey V. Kemp: The Supreme Court Pulls The Switch On Future Judicial Challenges To The Death Penalty, 22 J. Marshall L. Rev. 215 (1988), William H. Jones
UIC Law Review
No abstract provided.
Edwards V. Aguillard: The Lemon Test Yields Bitter Fruit For Traditional Religious Values, 21 J. Marshall L. Rev. 613 (1988), John R. Russell
Edwards V. Aguillard: The Lemon Test Yields Bitter Fruit For Traditional Religious Values, 21 J. Marshall L. Rev. 613 (1988), John R. Russell
UIC Law Review
No abstract provided.
Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz
Civil Rights In Transition: Sections 1981 And 1982 Cover Discrimination On The Basis Of Ancestry And Ethnicity, Eileen Kaufman, Martin A. Schwartz
Touro Law Review
No abstract provided.
Marriage, Procreation, And The Prisoner: Should Reproductive Alternatives Survive During Incarceration?, Jacqueline B. Deoliveira
Marriage, Procreation, And The Prisoner: Should Reproductive Alternatives Survive During Incarceration?, Jacqueline B. Deoliveira
Touro Law Review
No abstract provided.
Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski
Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski
Faculty Scholarship
The purpose of this Comment is to examine the history of the enactment and early enforcement of the Civil Rights Act of 1866 from the perspective of the remedies Congress sought to provide to meet the problems that necessitated the legislation. Its main foci are the statute's enforcement provisions and their early implementation, an aspect of the history of the statute that has not been fully considered in relation to section one, the provision that has received the most scholarly attention. The occasion of this study is the Supreme Court's reconsideration of Runyon v. McCrary' in Patterson v. McLean Credit …
Taking The Framers Seriously, William Michael Treanor
Taking The Framers Seriously, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
This article reviews Taking the Constitution Seriously by Walter Berns (1987).
This review focuses on three of the key historical points that Walter Berns makes: his arguments that the Declaration of Independence is a Lockean document; that the Constitution encapsulates the political philosophy of the Declaration; and that the framers viewed the commercialization of society as a salutary development and were unambivalent champions of the right to property. Examination of these issues suggests that the ideological universe of the framers was far more complex than Berns indicates. While the revolutionary era witnessed a new concern with individual rights and a …
Constitutional Fact Review: An Essential Exception To Anderson V. Bessemer, Ann Zobrosky
Constitutional Fact Review: An Essential Exception To Anderson V. Bessemer, Ann Zobrosky
Indiana Law Journal
No abstract provided.
The Compelling Case Against Robert H. Bork, Stephen Gillers
The Compelling Case Against Robert H. Bork, Stephen Gillers
Cardozo Law Review
No abstract provided.
Robert H. Bork's Civil Rights Record, Gary B. Born
Robert H. Bork's Civil Rights Record, Gary B. Born
Cardozo Law Review
No abstract provided.
Why The United States Senate Should Not Consent To The Nomination Of Judge Robert H. Bork To Be A Justice Of The Supreme Court, Philip B. Heymann, Fred Wertheimer
Why The United States Senate Should Not Consent To The Nomination Of Judge Robert H. Bork To Be A Justice Of The Supreme Court, Philip B. Heymann, Fred Wertheimer
Cardozo Law Review
No abstract provided.
The Paradox In Bork's Antitrust Paradox, Leonard Orland
The Paradox In Bork's Antitrust Paradox, Leonard Orland
Cardozo Law Review
No abstract provided.
The Right Of Revolution: The Development Of The People's Right To Reform Government, Phillip B. Scott
The Right Of Revolution: The Development Of The People's Right To Reform Government, Phillip B. Scott
West Virginia Law Review
No abstract provided.
Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol
Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol
West Virginia Law Review
Over the course of the past decade, the West Virginia Supreme Court of Appeals has become something of a controversial institution. Allegedly seeking to "mold state government in its own image,"' the court has issued decisions restructuring the state property tax assessment and appraisal scheme, overseeing the funding of public education, invalidating a gubernatorial veto, expanding tort claims beyond the umbrella of workers compensation, and ordering emergency care for the homeless. As a result, the high court has, perhaps deservedly, "attained a reputation for dramatic intervention in public policy disputes.” As individual exercises of judicial authority, the court's determinations have …