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Constitutional Law Commons™

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Articles 1891 - 1920 of 2060

Full-Text Articles in Constitutional Law

Judicial Review And Hungary's Transition From Communism To Democracy: The Constitutional Court, The Continuity Of Law, And The Redefinition Of Property Rights, Ethan Klingsberg Mar 1992

Judicial Review And Hungary's Transition From Communism To Democracy: The Constitutional Court, The Continuity Of Law, And The Redefinition Of Property Rights, Ethan Klingsberg

BYU Law Review

No abstract provided.


Advice And Consent In Theory And Practice, Roger J. Miner '56 Jan 1992

Advice And Consent In Theory And Practice, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.


Corporate Political Speech, Larry E. Ribstein Jan 1992

Corporate Political Speech, Larry E. Ribstein

Washington and Lee Law Review

No abstract provided.


A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger Jan 1992

A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger

Faculty Scholarship

Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …


A Moderate Anti-Abortion View, Bruce Ledewitz Nov 1991

A Moderate Anti-Abortion View, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Passport Photos And Stays Of Execution, Bruce Ledewitz Nov 1991

Passport Photos And Stays Of Execution, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Recent Decisions, United Artists Theatre Circuit, Inc. V. City Of Philadelphia, Bruce Ledewitz Oct 1991

Recent Decisions, United Artists Theatre Circuit, Inc. V. City Of Philadelphia, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Partisan Gerrymandering: A New Concept For Florida's 1992 Reapportionment, Bill L. Bryant, Katherine E. Giddings, Mark E. Kaplan Oct 1991

Partisan Gerrymandering: A New Concept For Florida's 1992 Reapportionment, Bill L. Bryant, Katherine E. Giddings, Mark E. Kaplan

Florida State University Law Review

No abstract provided.


Victims Of The Law, Bruce Ledewitz Jul 1991

Victims Of The Law, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


One Year After Blackwell Many Questions Still Exist, Bruce Ledewitz Jan 1991

One Year After Blackwell Many Questions Still Exist, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Habeas Corpus As A Safety Valve For Innocence, Bruce Ledewitz Jan 1991

Habeas Corpus As A Safety Valve For Innocence, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


The Morality Of Capital Punishment: An Exchange, Bruce Ledewitz Jan 1991

The Morality Of Capital Punishment: An Exchange, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


Sources Of Injustice In Death Penalty Practice, Bruce Ledewitz Jan 1991

Sources Of Injustice In Death Penalty Practice, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


The Challenge Of, And Judicial Response To, Environmental Provisions In State Constitutions, Bruce Ledewitz Jan 1991

The Challenge Of, And Judicial Response To, Environmental Provisions In State Constitutions, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


The Morality Of Capital Punishment: An Exchange, Bruce Ledewitz Jan 1991

The Morality Of Capital Punishment: An Exchange, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Validity Of New York State Ethics Commission Rule 932.2 Barring Public Officers From Holding Political Party Office, William Josephson, Beverly Jean Ross Jan 1991

Validity Of New York State Ethics Commission Rule 932.2 Barring Public Officers From Holding Political Party Office, William Josephson, Beverly Jean Ross

Touro Law Review

No abstract provided.


Speech Or Debate Clause Jan 1991

Speech Or Debate Clause

Touro Law Review

No abstract provided.


Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen Jan 1991

Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen

Faculty Scholarship

The exclusionary evidence rules derived from the Fourth, Fifth, and Sixth Amendments continue to play an important role in constitutional criminal procedure, despite the intense controversy that surrounds them. The primary justification for these rules has shifted from an "imperative of judicial integrity" to the "deterrence of police conduct that violates... [constitutional] rights." Regardless of the justification it uses for the rules' existence, the Supreme Court continues to limit their breadth "at the margin," when "the acknowledged costs to other values vital to a rational system of criminal justice" outweigh the deterrent effects of exclusion. The most notable limitation on …


Thurgood Marshall And The Administrative State, Jonathan Weinberg Jan 1991

Thurgood Marshall And The Administrative State, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.


The Role Of Legal Scholars In The Confirmation Hearings For Supreme Court Nominees—Some Reflections, Thomas B. Mcaffee Jan 1991

The Role Of Legal Scholars In The Confirmation Hearings For Supreme Court Nominees—Some Reflections, Thomas B. Mcaffee

Scholarly Works

Until recently legal scholars have traditionally not been much involved in the process of confirming Justices. As the legal and political ideology of prospective Justices have come to play an important role in the process of nomination and confirmation, however, it is perhaps inevitable that legal scholars would also become more involved. At least since the nomination of Judge Bork, legal scholars have contributed in unprecedented numbers both to the Senate's deliberation process and to the public debate over the fitness of the nominees to the Court. The Bork hearings themselves were, of course, the watershed, and they remain, for …


Freedom Of Speech And The Press Jan 1991

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.


"We Don't Want Anybody Anybody Sent": The Death Of Patronage Hiring In Chicago, Cynthia Grant Bowman Jan 1991

"We Don't Want Anybody Anybody Sent": The Death Of Patronage Hiring In Chicago, Cynthia Grant Bowman

Cornell Law Faculty Publications

No abstract provided.


Tradition, Betrayal, And The Politics Of Deconstruction, J. M. Balkin Jul 1990

Tradition, Betrayal, And The Politics Of Deconstruction, J. M. Balkin

Cardozo Law Review

No abstract provided.


Courts Busy With Challenges To Pennsylvania's Insurance Laws, Bruce Ledewitz Mar 1990

Courts Busy With Challenges To Pennsylvania's Insurance Laws, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Court Lifts Amortization Ban On Pa. Non-Conforming Uses, Bruce Ledewitz Jan 1990

Court Lifts Amortization Ban On Pa. Non-Conforming Uses, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Civil Disobedience, Injunctions, And The First Amendment, Bruce Ledewitz Jan 1990

Civil Disobedience, Injunctions, And The First Amendment, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


Progressive And Conservative Constitutionalism, Robin West Jan 1990

Progressive And Conservative Constitutionalism, Robin West

Georgetown Law Faculty Publications and Other Works

American constitutional law in general, and fourteenth amendment jurisprudence in particular, is in a state of profound transformation. The "liberal-legalist" and purportedly politically neutral understanding of constitutional guarantees that dominated constitutional law and theory during the fifties, sixties, and seventies, is waning, both in the courts and in the academy. What is beginning to replace liberal legalism in the academy, and what has clearly replaced it on the Supreme Court, is a very different conception - a new paradigm - of the role of constitutionalism, constitutional adjudication, and constitutional guarantees in a democratic state. Unlike the liberal-legal paradigm it is …


The Meaning Of Equality And The Interpretive Turn, Robin West Jan 1990

The Meaning Of Equality And The Interpretive Turn, Robin West

Georgetown Law Faculty Publications and Other Works

The turn to hermeneutics and interpretation in contemporary legal theory has contributed at least two central ideas to modern jurisprudential thought: first, that the "meaning" of a text is invariably indeterminate -- what might be called the indeterminacy claim -- and second, that the unavoidably malleable essence of texts -- their essential inessentiality -- entails that interpreting a text is a necessary part of the process of creating the text's meaning. These insights have generated both considerable angst, and considerable excitement among traditional constitutional scholars, primarily because at least on first blush these two claims seem to inescapably imply a …


Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West Jan 1990

Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West

Georgetown Law Faculty Publications and Other Works

During the 1980s a handful of state judges either held or opined in dicta what must be incontrovertible to the feminist community, as well as to most progressive legal advocates and academics: the so-called marital rape exemption, whether statutory or common law in origin, constitutes a denial of a married woman's constitutional right to equal protection under the law. Indeed, a more obvious denial of equal protection is difficult to imagine: the marital rape exemption denies married women protection against violent crime solely on the basis of gender and marital status. What possibly could be less rational than a statute …


Political Pressure And Judging In Constitutional Cases, Robert F. Nagel Jan 1990

Political Pressure And Judging In Constitutional Cases, Robert F. Nagel

Publications

No abstract provided.