Constitutional Law Commons^™

Confessions, Yale Kamisar

Book Chapters

The entry for 'Confessions' in the Encyclopedia of Crime and Justice, 1983

Is The United States Claims Court Constitutional?, Joan E. Baker

Cleveland State Law Review

This article will deal with two major constitutional problems that have resulted from the creation of the Claims Court. The first issue is the constitutionality of the appointment of existing Court of Claims Commissioners to be judges on the Claims Court during a four-year "transition" period. By legislatively designating the persons who are to serve as judges on the new court, Congress has usurped the presidential appointment power. The second issue relates to the constitutional status of the Claims Court. The Court of Claims which it replaces was created under article III of the Constitution, and the judges on it …

An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag

Publications

No abstract provided.

Constitutional Criminal Procedure, Thomas E. Baker

Faculty Publications

No abstract provided.

The Scope Of The All Writs Power, Robert T. Mann

Florida State University Law Review

No abstract provided.

Constitutional Criminal Procedure, Thomas E. Baker

Faculty Publications

This article discusses decisions of the new Eleventh Circuit and also decisions of the former Fifth Circuit, some of which are binding precedents for the new court. By way of introduction, the title Constitutional Criminal Procedure deserves amplification. Related criminal law topics not within the scope of this article include the following: the substantive law of crimes; non constitutional aspects of the Federal Rules of Evidence; non constitutional aspects of the Federal Rules of Criminal Procedure; procedural aspects of habeas corpus; sentencing; prisoners' rights; and civil rights suits alleging constitutional deprivations.

The Court Stripping Bills: Their Impact On The Constitution, The Courts, And Congress, Max Baucus, Kenneth R. Kay

Villanova Law Review (1956 - )

No abstract provided.

The Federal Speedy Trial Act: Stampede Into Ambush, 16 J. Marshall L. Rev. 27 (1982), Robert L. Doyel

UIC Law Review

No abstract provided.

Legislative Proposals To Restrict The Jurisdiction Of The Federal Courts: Are They Wise - Are They Constitutional, Dolores K. Sloviter

Villanova Law Review (1956 - )

No abstract provided.

Congressional Power To Regulate Supreme Court Appellate Jurisdiction Under The Exceptions Clause: An Internal And External Examination, Martin H. Redish

Villanova Law Review (1956 - )

No abstract provided.

Majoritarian Constraints On Judicial Review: Congressional Control Of Supreme Court Jurisdiction, Leonard G. Ratner

Villanova Law Review (1956 - )

No abstract provided.

Congressional Power Over The Jurisdiction Of The Federal Courts, Paul M. Bator

Villanova Law Review (1956 - )

No abstract provided.

Symposium Proceedings, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Congress And The Supreme Court's Jurisdiction, Charles E. Rice

Villanova Law Review (1956 - )

No abstract provided.

Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen

Faculty Scholarship

During the early nineteenth century, the contract clause served as the fundamental source of federally protected rights against the state. Yet the Supreme Court gradually eased many of the restrictions on state power enforced in the contract clause cases while developing the doctrine of substantive due process after the Civil War. By the end of the nineteenth century, the due process clause had usurped the place of the contract clause as the centerpiece in litigation about individual rights. Most analyses of the history of federally protected rights against the state have emphasized the rise of substantive due process to the …

Congress And The Supreme Court's Jurisdiction, Charles E. Rice

Journal Articles

When a ruling of the supreme court meets with Congressional disfavor there are several remedies available to Congress. If the decision is not on a constitutional level, a later statutory enactment will suffice to reverse or modify the ruling. If, however, the Court's decision is an interpretation of a constitutional mandate, such as the requirement of the fourteenth amendment that legislative districts be apportioned according to population, then a statute could not reverse the decision because the statute itself would be subject to that constitutional mandate as defined by the Court.

The obvious method of reversing a Supreme Court interpretation …

The Court Years, 1939-1975: The Autobiography Of William O. Douglas, James E. Bond

Faculty Articles

This article is a book review that highlights William O. Douglas’s character and temperament, and suggests these very traits made his legacy on the Court a disappointment. Arguing that Douglas was uncommitted to judicial craft and simply championed cases close to his heart. The article bemoans Douglas’s lack of insight into constitutional adjudication, while noting the volumes anecdotal humor, the article cites the autobiography’s disingenuousness as cause to call it a work of fiction.

Congressional Retraction Of Federal Court Jurisdiction To Protect The Reserved Powers Of The States: The Helms Prayer Bill And A Return To First Principles, James Mcclellan

Villanova Law Review (1956 - )

No abstract provided.

United States V. Ross, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Valley Forge Christian College V. Americans United For Separation Of Church And State, Inc., Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.

The Courts And The 1980 Census Challenges: Tailoring Rights To Fit Remedies, David B. Tachau

University of Michigan Journal of Law Reform

This Note thus presents a vivid illustration of how the recognition of legal rights sometimes may depend wholly upon the efficacy of awarding relief. Parts I and II survey the 1980 census challenges and explore whether the 1980 litigants presented sound grievances. Part III argues that the 1980 census challengers may have failed because the reviewing courts could envision no feasible remedies for their injuries, and not because the challengers presented flawed legal and constitutional arguments. Finally, part IV criticizes the courts for dismissing the census challenges without confronting or acknowledging the gravity of the constitutional injuries threatened by census …

Minnesota Rag, Terry Clayton Paulson

University of Arkansas at Little Rock Law Review

No abstract provided.

James Madison And The Burger Court: Converging Views Of Church-State Separation, Patricia E. Curry

Indiana Law Journal

No abstract provided.

From Estes To Chandler: Shifting The Constitutional Burden Of Courtroom Cameras To The States, Margot Pequignot

Florida State University Law Review

No abstract provided.

Beyond Custody: Expanding Collateral Review Of State Convictions, Timothy C. Hester

University of Michigan Journal of Law Reform

This article advocates extension of collateral review to embrace all parties alleging deprivation of federally guaranteed rights in the state criminal process, regardless of whether the party fulfills the habeas corpus custody requirement. Part I assesses the sufficiency of Supreme Court certiorari jurisdiction to monitor adequately state adjudications of federal constitutional rights, coupled with an evaluation of the technical competency and institutional posture of state courts. Part II examines the significance of the custody limitation on collateral review, both as a substantive element of habeas corpus relief and as a mechanism for funnelling limited judicial resources. Part III presents two …

Jury Trial, Progress, And Democracy, 14 J. Marshall L. Rev. 679 (1981), Richard S. Kuhlman, George C. Pontikes, William J. Stevens

UIC Law Review

No abstract provided.

Griffin V. California: Still Viable After All These Years, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

In Memory Of Monrad G. Paulsen, Walter J. Wadlington

Cardozo Law Review

No abstract provided.

Constitutional Law, Thomas E. Baker

Faculty Publications

This 1981 article discusses principles of federal constitutional law. Professor Baker notes that the constitutional decisions of the courts of appeals will continue to increase in number and importance as the burgeoning federal caseload grows. Professor Baker analyzes how the Fifth Circuit dealt with constitutional principles in the year preceding the article. The article commences with a discussion of cases dealing with justiciability issues. The justiciability issues discussed include standing, mootness, advisory opinions, political questions, ripeness, and Eleventh Amendment issues. Next, Professor Baker discusses cases construing the Commerce Clause. Next, the article discusses cases dealing with due process issues, both …

Extending The Limits Of Judicial Review Of Regulator Orders: Committee Of Consumer Services V. Public Service Commission, Kenneth M. Anderson

BYU Law Review

No abstract provided.