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Articles 2011 - 2040 of 2169
Full-Text Articles in Constitutional Law
The Role Of The Supreme Court In A Democratic Society, Raoul Berger
The Role Of The Supreme Court In A Democratic Society, Raoul Berger
Villanova Law Review (1956 - )
No abstract provided.
Constitutional Interpretation, Terrance Sandalow
Constitutional Interpretation, Terrance Sandalow
Articles
"[We] must never forget," Chief Justice Marshall admonished us in a statement pregnant with more than one meaning, "that it is a constitution we are expounding."' Marshall meant that the Constitution should be read as a document "intended to endure for ages.to come, and, consequently, to be adapted to the various crises of human affairs."'2 But he meant also that the construction placed upon the document must have regard for its "great outlines" and "important objects."'3 Limits are implied by the very nature of the task. There is not the same freedom in construing the Constitution as in constructing a …
Prosecutorial Control In Canada: The Definition Of Attorney-General In Section 2 Of The Criminal Code, Camille Cameron
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 …
The Equal Protection Clause In The Supreme Court 1873-1903, Richard S. Kay
The Equal Protection Clause In The Supreme Court 1873-1903, Richard S. Kay
Buffalo Law Review
No abstract provided.
The Role Of Ideas In Legal History, Jay M. Feinman
The Role Of Ideas In Legal History, Jay M. Feinman
Michigan Law Review
A review of Patterns of American Legal Thought by G. Edward White
The Public Trust Doctrine In Public Land Law, Charles F. Wilkinson
The Public Trust Doctrine In Public Land Law, Charles F. Wilkinson
Publications
No abstract provided.
The Field Of Public Land Law: Some Connecting Threads And Future Directions, Charles F. Wilkinson
The Field Of Public Land Law: Some Connecting Threads And Future Directions, Charles F. Wilkinson
Publications
No abstract provided.
St. George Tucker, John Marshall,And Constitutionalism In The Post-Revolutionary South, Charles T. Cullen
St. George Tucker, John Marshall,And Constitutionalism In The Post-Revolutionary South, Charles T. Cullen
Vanderbilt Law Review
A study of Marshall's early career suggests several reasons for constitutionalism fundamentally different from that of Tucker, a constitutionalism that became law in the early Republic because of Marshall's position on the Supreme Court. The writings and careers of southern constitutionalists like Tucker also merit further study in order to fully appreciate the growing divergence between the views originally expressed by him and those embraced by the nationalists, who decreased in number in the South after Marshall's time. Finally, we should develop a better understanding of the influence of southerners on the formation of legal and constitutional systems in other …
China's Changing Constitution , Jerome Alan Cohen
China's Changing Constitution , Jerome Alan Cohen
Northwestern Journal of International Law & Business
In 1978, the People's Republic of China promulgated its third constitution since the communist revolution. In many respects, the new constitution reflects the attitudes andpolicies of Peking's current leadershp. In this article, Professor Cohen analyzes the changes wrought by the new constitution in property relations, restraints on executive power, and the protection of individual liberties by comparing it with its predecessors.
Ideology And History, David F. Forte
Ideology And History, David F. Forte
Law Faculty Articles and Essays
I do not dispute the philosophical validity of the theory of natural rights. Indeed, I support much, if not most, of the principles embodied in that theory. What I wish to discuss is that to which Dr. Vieira claims to have limited his discussion, viz., the belief that history, specifically American constitutional history, provides a sufficient base to support a natural rights theory. His attempt to find historical support is an instructive example of how ideology can distort the data of history and cause it to be portrayed in a strange and unreal light. Beyond that, Vieira's historical method also …
Foreword: Homage To Mr. Justice Cardozo, Paul A. Freund
Foreword: Homage To Mr. Justice Cardozo, Paul A. Freund
Cardozo Law Review
No abstract provided.
Ordered Liberty: Cardozo And The Constitution, John T. Noonan Jr.
Ordered Liberty: Cardozo And The Constitution, John T. Noonan Jr.
Cardozo Law Review
No abstract provided.
Defamatory Non-Media Speech And First Amendment Methodology, Steven H. Shiffrin
Defamatory Non-Media Speech And First Amendment Methodology, Steven H. Shiffrin
Cornell Law Faculty Publications
In the course of his eloquent commentary upon New York Times Co. v. Sullivan, the late Professor Kalven enthused that the Court had written "an opinion that may prove to be the best and most important it has ever produced in the realm of freedom of speech." This excitement was generated not by the Court's rather narrow holding but rather by the hope that Sullivan would serve as the opening wedge to dislodge the clear and present danger test, to dismantle the "two-level" approach to first amendment analysis (reflected in cases such as Chaplinsky, Beauharnais, and Roth …
The Irrelevance Of The Constitution: The Religion Clauses Of The First Amendment And The Supreme Court, Philip B. Kurland
The Irrelevance Of The Constitution: The Religion Clauses Of The First Amendment And The Supreme Court, Philip B. Kurland
Villanova Law Review (1956 - )
No abstract provided.
Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel
Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel
Publications
No abstract provided.
Does The Constitution Mean What It Always Meant?, James W. Nickel, Stephen R. Munzer
Does The Constitution Mean What It Always Meant?, James W. Nickel, Stephen R. Munzer
Articles
No abstract provided.
Disproportionate Impact And Illicit Motive: Theories Of Constitutional Adjudication, Theodore Eisenberg
Disproportionate Impact And Illicit Motive: Theories Of Constitutional Adjudication, Theodore Eisenberg
Cornell Law Faculty Publications
Recent decisions of the Supreme Court have not been kind to those who favor an expansive reading of the equal protection clause. Last Term, in Washington v. Davis, the Court held that the disproportionate impact of governmental action on minority groups is not unconstitutional unless accompanied by proof of intentional discrimination. This Term, in Village of Arlington Heights v. Metropolitan Housing Development Corp., the Court reinforced the intent barrier to the finding of equal protection violations. Mr. Eisenberg argues in this Article that the Washington test is too harsh, and was required neither by practical necessity nor by …
Fragile Coalition Interviews - Group - Tape 6, July 12, 1975, M. Caldwell Butler
Fragile Coalition Interviews - Group - Tape 6, July 12, 1975, M. Caldwell Butler
Fragile Coalition Interviews
No abstract provided.
Fragile Coalition Interviews - Group - Tapes 4&5, July 11-12, 1975, M. Caldwell Butler
Fragile Coalition Interviews - Group - Tapes 4&5, July 11-12, 1975, M. Caldwell Butler
Fragile Coalition Interviews
No abstract provided.
M. Caldwell Butler Audio Diary - Digest Of Transcripts, July 10,1975, M. Caldwell Butler
M. Caldwell Butler Audio Diary - Digest Of Transcripts, July 10,1975, M. Caldwell Butler
Butler-Woodlief Recordings
No abstract provided.
Contribution To An Explication Of The Activity Of The Warren Majority Of The Supreme Court, Mitchell Franklin
Contribution To An Explication Of The Activity Of The Warren Majority Of The Supreme Court, Mitchell Franklin
Buffalo Law Review
No abstract provided.
The Eighth Amendment, Beccaria, And The Enlightenment: An Historical Justification For The Weems V. United States Excessive Punishment Doctrine, Deborah A. Schwartz, Jay Wishingrad
The Eighth Amendment, Beccaria, And The Enlightenment: An Historical Justification For The Weems V. United States Excessive Punishment Doctrine, Deborah A. Schwartz, Jay Wishingrad
Buffalo Law Review
No abstract provided.
The Taney Period, 1836-64, David S. Bogen
Fragile Coalition Interviews - Corrected Transcripts - Thornton, M. Caldwell Butler
Fragile Coalition Interviews - Corrected Transcripts - Thornton, M. Caldwell Butler
Fragile Coalition Interviews
No abstract provided.
Fragile Coalition Interviews - Corrected Transcripts - Railsback, M. Caldwell Butler
Fragile Coalition Interviews - Corrected Transcripts - Railsback, M. Caldwell Butler
Fragile Coalition Interviews
No abstract provided.
Fragile Coalition Interviews - Corrected Transcripts - Flowers, M. Caldwell Butler
Fragile Coalition Interviews - Corrected Transcripts - Flowers, M. Caldwell Butler
Fragile Coalition Interviews
No abstract provided.
Fragile Coalition Interviews - Corrected Transcripts - Cohen, M. Caldwell Butler
Fragile Coalition Interviews - Corrected Transcripts - Cohen, M. Caldwell Butler
Fragile Coalition Interviews
No abstract provided.
The Compulsory Process Clause, Peter Westen
The Compulsory Process Clause, Peter Westen
Michigan Law Review
Part I of this article traces the history of compulsory process, from its origin in the English transition from an inquisitional to an adversary system of procedure to its eventual adoption in the American Bill of Rights. Part II examines the Supreme Court's seminal decision in Washington v. Texas, which recognized after a century and a half of silence that the compulsory process clause was designed to enable the defendant not only to produce witnesses, but to put them on the stand and have them heard. Part III studies the implications of compulsory process for the defendant's case, from the …
Kauper's 'Judicial Examination Of The Accused' Forty Years Later—Some Comments On A Remarkable Article, Yale Kamisar
Kauper's 'Judicial Examination Of The Accused' Forty Years Later—Some Comments On A Remarkable Article, Yale Kamisar
Articles
For a long time before Professor Paul Kauper wrote "Judicial Examination of the Accused" in 1932, and for a long time thereafter, the "legal mind" shut out the de facto inquisitorial system that characterized American criminal procedure. Paul Kauper could not look away. He recognized the "naked, ugly facts" (p. 1224) and was determined to do something about them -more than thirty years before Escobedo v. Illinois' or Miranda v. Arizona.2
Constitutional Allocation Of The War Powers Between The President And Congress: 1787-88, W. Taylor Reveley Iii
Constitutional Allocation Of The War Powers Between The President And Congress: 1787-88, W. Taylor Reveley Iii
Faculty Publications
For some time the international community has been keenly interested in the foreign uses to which America puts its military. The nature of these uses has traditionally been affected by the manner in which the Constitution divides the war powers between the President and Congress. This allocation of war-peace authority, in tum, is the product of a number of influences, among them the intentions of the Framers and Ratifiers for the text which they drafted and approved. Their war-power debates, as we shall see, have heavy international overtones.These debates have not been neglected, especially during America's recent involvement in Indochina. …