Constitutional Law Commons^™

The Tensions Of A Dual Court System And Some Prescriptions For Relief, Roger J. Miner '56

Endowed/named Lectures and Keynote Addresses

No abstract provided.

On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff

Publications

No abstract provided.

American Indians And The Bicentennial, Richard B. Collins

Publications

No abstract provided.

Strict Constructionism And The Strike Zone, Douglas O. Linder

Faculty Works

No abstract provided.

Teaching Tolerance, Robert F. Nagel

Publications

No abstract provided.

Apartheid And The South African Judiciary, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

Symposium On Federalism And Constitutional Checks And Balances: A Safeguard Of Minority And Individual Rights, Roger J. Miner '56

Constitutional Law

No abstract provided.

Public Rights And The Federal Judicial Power: From Murray's Lessee Through Crowell To Schor, Gordon G. Young

Buffalo Law Review

No abstract provided.

The Secular Meaning Behind The Lemon Test: Lynch V. Donnelly

Touro Law Review

No abstract provided.

The Role Of Arbitration In The Resolution Of Patent Disputes, Mark A. Farley

Touro Law Review

No abstract provided.

Justice Brennan: A Tribute To A Federal Judge Who Believes In State's Rights, 20 J. Marshall L. Rev. 1 (1986), Ann Lousin

UIC Law Review

No abstract provided.

Justice Brennan, Due Process And The Freedom Of Speech: A Celebration Of Speiser V. Randall, 20 J. Marshall L. Rev. 7 (1986), George Anastaplo

UIC Law Review

No abstract provided.

Constraints Of Power: The Constitutional Opinions Of Judges Scalia, Bork, Posner, Easterbrook, And Winter, James G. Wilson

Law Faculty Articles and Essays

This article completes a two-part series studying the constitutional jurisprudence of Judges Antonin Scalia, Richard Posner, Robert Bork, Frank Easterbrook, and Ralph Winter Jr., five conservative academics appointed by President Reagan to the United States Court of Appeals. Judge Scalia has recently been appointed to the Supreme Court of the United States. In a previous article, published in the last issue of the University of Miami Law Review, I evaluated these five jurists' constitutional scholarship by contrasting their views with those of Edmund Burke, the originator of political conservative theory. That article tested Burke's wariness of political abstractions and his …

Judicial Independence And The Rule Of Law, Jonathan Van Patten

Faculty Publications

No abstract provided.

The Uncertainty Principle In The Supreme Court, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski

Faculty Scholarship

The meaning and scope of the fourteenth amendment and the Civil Rights Act of 1866 remain among the most controversial issues in American constitutional law. Professor Kaczorowski contends that the issues have generated more controversy than they warrant, in part because scholars analyzing the legislative history of the amendment and statute have approached their task with preconceptions reflecting twentieth century legal concerns. He argues that the most important question for the framers was whether national or state governments possessed primary authority to determine and secure the status and rights of American citizens. Relying on records of the congressional debates as …

Freedom Of Speech As Therapy, Pierre Schlag

Publications

No abstract provided.

Comment On Professor Van Alstyne's Paper, Henry P. Monaghan

Faculty Scholarship

My major difficulty with Professor Van Alstyne's paper is its incomplete character. In the end, he makes only two points: first, judges are authorized to apply "this Constitution," not to do justice; and second, judges should not lie about what they are doing. The danger is that after a while the first point sounds somewhat empty, while the actual content of the second point seems entirely parasitic on the first.

The Politics Of Statutory Construction, Daniel M. Harris

BYU Law Review

No abstract provided.

Innovative Transfer And Exchange Plans, Glenn E. Porzak

Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)

36 pages (includes maps).

Contains footnotes (page 32).

Voluntary Approaches To Basinwide Water Management, Neil S. Grigg

Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)

13 pages (includes illustration).

Contains references (page 11).

Interstate Transfers Of Water: Many A Slip ‘Twixt The Cup And The Lip, Howard Holme

Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)

44 pages (includes maps and tables).

Contains 6 pages of footnotes.

Engineering And Hydrologic Issues In Changing Water Uses, Leonard Rice

Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)

26 pages (includes maps, charts and illustrations).

Contains references (page 18).

Agenda: Colorado Water Issues And Options: The 90'S And Beyond: Toward Maximum Beneficial Use Of Colorado's Water Resources, University Of Colorado Boulder. Natural Resources Law Center, Colorado Water Resources Research Institute. Cooperative Extension Service

Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)

Presented by Natural Resources Law Center, University of Colorado School of Law and Cooperative Extension Service, Colorado Water Resources Research Institute, Colorado State University.

Conference organizers and/or speakers included University of Colorado School of Law professors Lawrence J. MacDonnell, David H. Getches and Stephen F. Williams.

The conference theme is "Toward Maximum Beneficial Use of Colorado's Water Resources." The purpose of the conference is to provide a forum for public discussion of Colorado's system of water law and administration and to make recommendations for future action.

Wasted Water: The Problems And Promise Of Improving Efficiency Under Western Water Law, Steven J. Shupe

Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)

61 pages.

Includes footnotes (pages 49-56).

Nontributary Ground Water: A Continuing Dilemma, William A. Paddock

Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)

47 pages.

Contains 2 pages of footnotes.

The Development Of Colorado’S Water Law, Raphael J. Moses

Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)

23 pages.

Contains references (pages 22 - 23).

Nativity Scenes And Judicial Responsibility, Norman Dorsen, Charles Sims, Georgetown University Law Center

Philip A. Hart Memorial Lecture

On March 22, 1985, Professor of Law, Norman Dorsen of New York University School of Law, delivered the Georgetown Law Center’s fifth Annual Philip A. Hart Memorial Lecture: "Nativity Scenes and Judicial Responsibility."

Norman Dorsen is Counselor to the President of New York University and Stokes Professor of Law, NYU School of Law, where he has taught since 1961. He is co-director of the Arthur Garfield Hays Civil Liberties Program and was the founding director of NYU's Hauser Global Law School Program in 1994.

Dorsen performed military service in the office of the Secretary of the Army, where he assisted …

The Constitution And Informational Privacy, Or How So-Called Conservatives Countenance Governmental Intrustion Into A Person's Private Affairs, 18 J. Marshall L. Rev. 871 (1985), Michael P. Seng

UIC Law Review

No abstract provided.

Gates, Leon, And The Compromise Of Adjudicative Fairness (Part Ii): Of Aggressive Majoritarianism, Willful Deafness, And The New Exception To The Exclusionary Rule, Joel Jay Finer

Cleveland State Law Review

Part I examined in a dialogue form the idea that Justice White and other members of the Leon majority had prejudged issues of law in earlier cases––pre-committed themselves in violation of their duty of impartiality––by elaborating in detailed, cohesive, comprehensive opinions, reasons why existing law was incorrect and had to be changed to permit a "good-faith, objective police reasonableness" exception to the exclusionary rule. These prejudgments precluded fair consideration of the merits in Leon. Beyond that, the Leon opinion itself, considered in view of the arguments of counsel and the scholarship in currency, evinced an agenda-driven pre-commitment to its outcome; …