Constitutional Law Commons^™

Developments In Constitutional Law: The 1988-89 Term, A. Wayne Mackay, Dianne Pothier

Articles, Book Chapters, & Popular Press

This article canvasses the major developments from the 1988-89 term of the Supreme Court of Canada.

In terms of Charter jurisprudence there were major developments concerning equality rights, mobility rights, freedom of expression, and section 7.

More generally, there were also important developments in the federal trade and commerce power and broad hints as to the Supreme Court's leanings in relation to the federal spending power. There is clarification on how both federal and provincial laws affect federal undertakings, and re-affirmation of the ancillary nature of powers in relation to language. The Court reassesses the tests of when a provincial …

Justice Scalia And The Elusive Idea Of Discrimination Against Interstate Commerce, Richard B. Collins

Publications

No abstract provided.

Advice, Consent, And Influence, Robert F. Nagel

Publications

No abstract provided.

History, Judicial Revisionism And J.M. Balkin, Raoul Berger

BYU Law Review

No abstract provided.

Choosing Judges The Democratic Way, Larry Yackle

Faculty Scholarship

A generation ago, the pressing question in constitutional law was the countermajoritarian difficulty.' Americans insisted their government was a democratic republic and took that to mean rule by a majority of elected representatives in various offices and bodies, federal and local. Yet courts whose members had not won election presumed to override the actions of executive and legislative officers who had. The conventional answer to this apparent paradox was the Constitution, which arguably owed its existence to the people directly. Judicial review was justified, accordingly, when court decisions were rooted firmly in the particular text, structure, or historical backdrop of …

Interpreting An Unwritten Constitution, Ronald D. Rotunda

Law Faculty Articles and Research

No abstract provided.

Diminishing Expectations Of Privacy In The Rehnquist Court, 22 J. Marshall L. Rev. 825 (1989), Laurence A. Benner

UIC Law Review

No abstract provided.

Fourth Amendment, William E. Hellerstein

Touro Law Review

No abstract provided.

Sandra Day O’Connor, Abortion, And Compromise For The Court, Susan M. Halatyn

Touro Law Review

No abstract provided.

Employment Discrimination, Charles Stephen Ralston, Paul Kamenar, William Bradford Reynolds, Gail Wright-Sirmans

Touro Law Review

No abstract provided.

The Independence Of The Judiciary: A Critical Aspect Of The Confirmation Process, Randall R. Rader

Kentucky Law Journal

No abstract provided.

Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman

Touro Law Review

No abstract provided.

Weighted Voting, Richard David Emery ,Esq.

Touro Law Review

No abstract provided.

Freedom Of Expression: Is It All Just Talk?, A. Wayne Mackay

Articles, Book Chapters, & Popular Press

In this article Wayne MacKay argues that effective interpretation of section 2 of the Charter of Rights and Freedoms requires the weighing of real world impacts beyond the traditional liberal parameter of judicial decisions. The usual judicial unwillingness to acknowledge "freedoms" as opposed to "rights" limits governmental legal action while not recognizing political and economic barriers to freedom of expression. The trend toward limiting protected expression both at the definitional stage and through section 1 reasonable limits reflects this cautious approach.This article examines who the early beneficiaries of freedom of expression have been: those affected by criminal sanctions and those …

In The Beginning: The Washington Supreme Court A Century Ago, Charles H. Sheldon, Michael Stohr-Gillmore

Seattle University Law Review

This Article will discuss (1) the politics that influenced the drafting of the judicial article (article IV) in the constitutional convention; (2) the election of the first five members of the bench and the backgrounds of those inaugural judges; (3) the particular approach toward judicial review adopted by these five jurists (activism-restraint); and (4) the personal relations among these members of the supreme court. This Article will provide a personal perspective of the first five judges and their court.

Reason, Passion, And “The Progress Of The Law”, William J. Brennan Jr.

Cardozo Law Review

No abstract provided.

Justice Brennan: The Heart Has Its Reasons, Richard D. Cudahy

Cardozo Law Review

No abstract provided.

Naturalization Ceremony: Dutchess County Bar Association, Roger J. Miner '56

Naturalization Ceremonies

No abstract provided.

Addendum: Civil Rights In Jeopardy, Eileen R. Kaufman, Martin A. Schwartz

Touro Law Review

No abstract provided.

Doing Politics In The United States Supreme Court, 22 J. Marshall L. Rev. 265 (1988), John D. Gorby

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

Touro Law Review

No abstract provided.

Cannibal Moves: An Essay On The Metamorphoses Of The Legal Distinction, Pierre Schlag

Publications

No abstract provided.

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 …

Justice Kelleher And The Constitutions, Robert B. Kent

Cornell Law Faculty Publications

No abstract provided.

The Article Iii Judiciary In Its Third Century, Kenneth F. Ripple

Journal Articles

Tonight we celebrate the memory of one of the great American jurists of this century, Robert A. Ainsworth, Jr. In this bicentennial year of our Constitution, it seems most appropriate that we honor the memory of Judge Ainsworth by reflecting on that part of the Constitution to which he exhibited so much devotion—article III, the judicial article.

In Defense Of The Constitution's Judicial Impeachment Standard, Melissa H. Maxman

Michigan Law Review

This Note explores the traditional interpretation of the Constitution's impeachment provisions in light of the demands of Judges Claiborne's, Nixon's, and Hastings' cases. Part I describes the signals indicating analytical shortcomings, and thus the need for reexamination of the provisions as currently construed. It shows that the troubling results of the recent standard allowing criminal prosecution before impeachment are apparent to both the courts and the Congress. Part II analyzes the meaning and purpose of the constitutional language, and the recent policy challenges to it. This part shows that, in fact, the impeachment provisions were carefully chosen by the Constitution's …

The Compelling Case Against Robert H. Bork, Stephen Gillers

Cardozo Law Review

No abstract provided.

Preface, Monroe E. Price

Cardozo Law Review

No abstract provided.

Foreword, David Rudenstine

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

Cardozo Law Review

No abstract provided.