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Articles 1981 - 2010 of 2060

Full-Text Articles in Constitutional Law

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc Jan 1985

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.


The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun Jan 1985

The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun

Publications

No abstract provided.


Who Did In The Democrats?, Bruce Ledewitz Nov 1984

Who Did In The Democrats?, Bruce Ledewitz

Ledewitz Papers

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


An Introduction To The Pennsylvania State Constitution, Bruce Ledewitz Nov 1984

An Introduction To The Pennsylvania State Constitution, Bruce Ledewitz

Ledewitz Papers

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


The Fourth Branch: Reviving The Nondelegation Doctrine, Craig L. Taylor Nov 1984

The Fourth Branch: Reviving The Nondelegation Doctrine, Craig L. Taylor

BYU Law Review

No abstract provided.


Fair Representation: Meeting The Ideal Of One Man, One Vote, Michigan Law Review Feb 1984

Fair Representation: Meeting The Ideal Of One Man, One Vote, Michigan Law Review

Michigan Law Review

A Review of Fair Representation: Meeting the Ideal of One Man, One Vote by Michel L. Balinski and H. Peyton Young


Toward Increased Judicial Activism: The Political Role Of The Supreme Court, Michigan Law Review Feb 1984

Toward Increased Judicial Activism: The Political Role Of The Supreme Court, Michigan Law Review

Michigan Law Review

A Review of Toward Increased Judicial Activism: The Political Role of the Supreme Court by Arthur Selwyn Miller


Abortion, Politics, And The Courts: Roe V. Wade And Its Aftermath, Michigan Law Review Feb 1984

Abortion, Politics, And The Courts: Roe V. Wade And Its Aftermath, Michigan Law Review

Michigan Law Review

A Review of Abortion, Politics, and the Courts: Roe v. Wade and Its Aftermath by Eva R. Rubin


Comments On Judicial Nullification Of Jury Awards In Public Official And Public Figure Libel Suits, William P. Murphy Jan 1984

Comments On Judicial Nullification Of Jury Awards In Public Official And Public Figure Libel Suits, William P. Murphy

West Virginia Law Review

No abstract provided.


The Creation Of Constitutions In Canada And The United States, Richard Kay Jan 1984

The Creation Of Constitutions In Canada And The United States, Richard Kay

Faculty Articles and Papers

No abstract provided.


On Complaining About The Burger Court, Robert F. Nagel Jan 1984

On Complaining About The Burger Court, Robert F. Nagel

Publications

No abstract provided.


Due Process, Retroactivity, And The Multiemployer Pension Plan Amendments Act Of 1980: Congress' Arbitrary Means To A Legitimate End, Eric G. Menkes Jan 1984

Due Process, Retroactivity, And The Multiemployer Pension Plan Amendments Act Of 1980: Congress' Arbitrary Means To A Legitimate End, Eric G. Menkes

Cardozo Law Review

No abstract provided.


Empty History, Erwin Chermerinsky Mar 1983

Empty History, Erwin Chermerinsky

Michigan Law Review

A Review of Politics and the Constitution in the History of the United States, Volume 3: The Political Background of the Federal Convention by William Winslow Crosskey and William Jeffrey, Jr.


Where Lies Prophecy?, Bruce Ledewitz Jan 1983

Where Lies Prophecy?, Bruce Ledewitz

Ledewitz Papers

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


The Independence Of Canada, Brian Slattery Jan 1983

The Independence Of Canada, Brian Slattery

Articles & Book Chapters

Canada is in independent state and has been for many years. Its sovereign status has long been acknowledged by the international community and the courts. So the constitutional manoeuvres that culminated in the enactment of the Constitution Act, 1982, by the British Parliament, must strike any observer as a somewhat puzzling series of events. How can we explain the fact that a sovereign state should consider itself bound to employ the legislature of another sovereign state to secure for itself a new constitution? Underlying this question are a number of fundamental issues going to the foundations of the Canadian legal …


A Territorial Approach To Representation For Illegal Aliens, Michigan Law Review May 1982

A Territorial Approach To Representation For Illegal Aliens, Michigan Law Review

Michigan Law Review

This Note rejects these arguments in favor of the thesis that the census clause affirmatively requires including illegal aliens in the census figures used to apportion representatives among the states. Part I argues that the framers intended to allocate representation among the states based on a number of considerations, including wealth, and chose total population within the territory of each state as the best measure of those considerations. Part II contends that the requirement of individual equality in voting rights does not apply to interstate comparisons of voting power. Rather, a specific structural agreement reached by the states as sovereign …


Foreseeing Is Believing: Community Imposition Of Liability For The Acts Of “Dangerous” Former Mental Patients, Bruce Ledewitz Jan 1982

Foreseeing Is Believing: Community Imposition Of Liability For The Acts Of “Dangerous” Former Mental Patients, Bruce Ledewitz

Ledewitz Papers

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


Book Review, Bruce Ledewitz Jan 1982

Book Review, Bruce Ledewitz

Ledewitz Papers

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


The Requirement Of Death: Mandatory Language In The Pennsylvania Death Penalty Statute, Bruce Ledewitz Jan 1982

The Requirement Of Death: Mandatory Language In The Pennsylvania Death Penalty Statute, Bruce Ledewitz

Ledewitz Papers

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


The Requirement Of Death: Mandatory Language In The Pennsylvania Death Penalty Statute, Bruce Ledewitz Jan 1982

The Requirement Of Death: Mandatory Language In The Pennsylvania Death Penalty Statute, Bruce Ledewitz

Ledewitz Papers

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


Political Parties Before The Bar: The Controversy Over Associational Rights, Gary L. Scott, Craig L. Carr Jan 1982

Political Parties Before The Bar: The Controversy Over Associational Rights, Gary L. Scott, Craig L. Carr

Seattle University Law Review

This article will discuss the scope and nature of constitutional protection to be afforded political party autonomy by the first and fourteenth amendments. The purpose of the present discussion is to review both legal and political sides of this question. Once this is done it will become clear that a party right to protected autonomy during the candidate selection process is not only founded upon solid constitutional ground but is also in keeping with sound political wisdom.


Making Campaign Finance Law Enforceable: Closing The Independent Expenditure Loophole, John P. Relman Jan 1982

Making Campaign Finance Law Enforceable: Closing The Independent Expenditure Loophole, John P. Relman

University of Michigan Journal of Law Reform

This Note explores the problems posed by present attempts to define "coordination." Part I discusses generally the complexities of the coordination problem under Buckley, setting forth the rationale behind the Buckley rule and examining present efforts by Congress and the FEC to enforce the Buckley standards. Part I concludes by proposing a new definition for "coordination" designed to improve enforcement of the Buckley rule. Part II presents an alternative means for remedying the coordination problem. Rather than relying on a redefinition of coordination for proper enforcement of federal election law, this section proposes prophylactic legislation designed to regulate independent …


Prospects For Federalism, Maurice J. Holland Jan 1982

Prospects For Federalism, Maurice J. Holland

Articles by Maurer Faculty

No abstract provided.


Affirmative Action In The Electoral Process: The Constitutionality Of The Democratic Party's Equal Division Rule, Timothy J. Hoy Jan 1982

Affirmative Action In The Electoral Process: The Constitutionality Of The Democratic Party's Equal Division Rule, Timothy J. Hoy

University of Michigan Journal of Law Reform

Part I of this Note traces the history of affirmative action in the Democratic Party and the events preceding adoption and implementation of the equal division rule. Part II establishes that the equal division rule is subject to constitutional review. Part III presents constitutional and state statutory challenges to the equal division rule. The Note concludes that use of the equal division rule "quota" in the delegate selection process is unconstitutional.


The Courts And The 1980 Census Challenges: Tailoring Rights To Fit Remedies, David B. Tachau Oct 1981

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 …


Constitutionalism, Bureaucracy, And Corporatism, Lawrence G. Baxter Jan 1981

Constitutionalism, Bureaucracy, And Corporatism, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.


Prosecutorial Control In Canada: The Definition Of Attorney-General In Section 2 Of The Criminal Code, Camille Cameron Jan 1981

Prosecutorial Control In Canada: The Definition Of Attorney-General In Section 2 Of The Criminal Code, Camille Cameron

Articles, Book Chapters, & Popular Press

In 1969, as a result of the redefinition of Attorney-General” in section 2 of the Criminal Code, the federal Attorney-General assumed an increased role in criminal prosecutions within the provinces. This new role has resulted in various challenges to the constitutional validity of the amendment — the provinces claim that the new definition is an encroachment upon the administration of justice power given to them by section 92(14) of the British North America Act while the federal government relies on its criminal law power to justify the amendment. The author examines the 1969 amendment in light of sections 91(27) and …


Log-Rolling And Judicial Review, Michael J. Waggoner Jan 1980

Log-Rolling And Judicial Review, Michael J. Waggoner

Publications

No abstract provided.


The Uncertain Power Of The President To Execute The Laws, Bruce Ledewitz Jan 1979

The Uncertain Power Of The President To Execute The Laws, Bruce Ledewitz

Ledewitz Papers

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


The Speech Or Debate Clause: Bastion Of Congressional Independence Or Haven For Corruption?, Craig M. Bradley Jan 1979

The Speech Or Debate Clause: Bastion Of Congressional Independence Or Haven For Corruption?, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.