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Constitutional Law Commons™

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Articles 1411 - 1440 of 1935

Full-Text Articles in Constitutional Law

Bates V, Jones--Imposing Lifetime Term Limits On California Legislators: For Better Or Worse, A Constitutional Exercise Of Direct Democracy And Political Will, Alisa R. Fong Jan 1998

Bates V, Jones--Imposing Lifetime Term Limits On California Legislators: For Better Or Worse, A Constitutional Exercise Of Direct Democracy And Political Will, Alisa R. Fong

McGeorge Law Review

No abstract provided.


Hopwood, Equal Protection, And Affirmative Action: Can Anyone's Ox Be Gored?, David J. Jannuzzi Jan 1998

Hopwood, Equal Protection, And Affirmative Action: Can Anyone's Ox Be Gored?, David J. Jannuzzi

Touro Law Review

No abstract provided.


Due Process, Supreme Court, Appellate Division Third Department: Loyal Tire And Auto Center V. New York State Thruway Jan 1998

Due Process, Supreme Court, Appellate Division Third Department: Loyal Tire And Auto Center V. New York State Thruway

Touro Law Review

No abstract provided.


Due Process, Supreme Court, Genesee County: Daniel S. V. Dowling Jan 1998

Due Process, Supreme Court, Genesee County: Daniel S. V. Dowling

Touro Law Review

No abstract provided.


Equal Protection, Court Of Appeals: Trustees Of Union College V. Schenectady City Council Jan 1998

Equal Protection, Court Of Appeals: Trustees Of Union College V. Schenectady City Council

Touro Law Review

No abstract provided.


Free Speech, Court Of Appeals: People V. Tichenor Jan 1998

Free Speech, Court Of Appeals: People V. Tichenor

Touro Law Review

No abstract provided.


Right To Jury Trial, Supreme Court, Dutchess County: People V. Mcintosh Jan 1998

Right To Jury Trial, Supreme Court, Dutchess County: People V. Mcintosh

Touro Law Review

No abstract provided.


Right To A Speedy Trial, Supreme Court, Appellate Division, Second Department: People V. Coplin Jan 1998

Right To A Speedy Trial, Supreme Court, Appellate Division, Second Department: People V. Coplin

Touro Law Review

No abstract provided.


Political Association, Supreme Court, Appellate Division, Third Department: Kalkstein V. Dinapoli Jan 1998

Political Association, Supreme Court, Appellate Division, Third Department: Kalkstein V. Dinapoli

Touro Law Review

No abstract provided.


Self-Incrimination, Supreme Court, Bronx County: Seabrook V. Johnson Jan 1998

Self-Incrimination, Supreme Court, Bronx County: Seabrook V. Johnson

Touro Law Review

No abstract provided.


Self-Incrimination, Supreme Court, Suffolk County: People V. Shulman Jan 1998

Self-Incrimination, Supreme Court, Suffolk County: People V. Shulman

Touro Law Review

No abstract provided.


Differentiating Regulation Of Public And Private Institutions: A Preliminary Inquiry, Jonathan G.S. Koppell Jan 1998

Differentiating Regulation Of Public And Private Institutions: A Preliminary Inquiry, Jonathan G.S. Koppell

Publications from President Jonathan G.S. Koppell

Twenty years ago, James Q. Wilson and Patricia Rachal argued that government cannot regulate itself. In an era of revived federalism, increased reliance on contractors, and proliferation of quasi-public organizations, the importance of government self-regulation is greater than ever. This paper tests an underlying assumption of Wilson and Rachal's claim: that regulation of public and private organizations can be differentiated. Employing a meta-research design, this pilot study uses existing regulatory case studies to create "regulatory relationship profiles" for public and private organizations. These profiles include information on the structure of the regulator, the intent of the regulation, the enforcement tools …


"Constitutionalism" : The White Man's Ghost Dance, 31 J. Marshall L. Rev. 513 (1998), Robert C. Black Jan 1998

"Constitutionalism" : The White Man's Ghost Dance, 31 J. Marshall L. Rev. 513 (1998), Robert C. Black

UIC Law Review

No abstract provided.


Without Justification: Misplaced Reliance On United Nations Security Council Resolutions For Presidential War Making, 31 J. Marshall L. Rev. 583 (1998), Timothy D. A. O'Hara Jan 1998

Without Justification: Misplaced Reliance On United Nations Security Council Resolutions For Presidential War Making, 31 J. Marshall L. Rev. 583 (1998), Timothy D. A. O'Hara

UIC Law Review

No abstract provided.


Passenger Profiling: A Greater Terror Than Terrorism Itself, 32 J. Marshall L. Rev. 167 (1998), Donna Smith Jan 1998

Passenger Profiling: A Greater Terror Than Terrorism Itself, 32 J. Marshall L. Rev. 167 (1998), Donna Smith

UIC Law Review

No abstract provided.


Plugging The Bullet Holes In U.S. Gun Law: An Ammunition-Based Proposal For Tightening Gun Control, 32 J. Marshall L. Rev. 1 (1998), Brendan J. Healey Jan 1998

Plugging The Bullet Holes In U.S. Gun Law: An Ammunition-Based Proposal For Tightening Gun Control, 32 J. Marshall L. Rev. 1 (1998), Brendan J. Healey

UIC Law Review

No abstract provided.


The Brady Act: Shot Down By The Tenth Amendment, Patricia A. Rooney Jan 1998

The Brady Act: Shot Down By The Tenth Amendment, Patricia A. Rooney

Scholarly Works

No abstract provided.


The Clean Air Act Amendments Of 1990 And An Unbridled Spending Power: Will They Survive On The Supreme Court's Road To Substantive Federalism, Mark A. Miller Jan 1998

The Clean Air Act Amendments Of 1990 And An Unbridled Spending Power: Will They Survive On The Supreme Court's Road To Substantive Federalism, Mark A. Miller

Cleveland State Law Review

The question remains as to how far the Supreme Court will go in its refortification of the Tenth Amendment. This Note explores emerging federalism trends and evaluates the CAA in light of a stronger state sovereignty that is appearing on the constitutional horizon. Parts II and III examine the CAAA and the constitutional problems engendered by the Act. Part IV examines current Tenth Amendment and Spending Clause jurisprudence, and illustrates that the CAAA is a classic example of how Congress has been able to circumvent the Tenth Amendment with its Spending power. Part V presents a new view of federalism …


Due Process, Supreme Court New York County: Ramanadhan V. Wing Jan 1998

Due Process, Supreme Court New York County: Ramanadhan V. Wing

Touro Law Review

No abstract provided.


Equal Protection, Supreme Court, New York County: Walter V. City Of New York Police Department Jan 1998

Equal Protection, Supreme Court, New York County: Walter V. City Of New York Police Department

Touro Law Review

No abstract provided.


Establishment Of Religion, Court Of Appeals: Grumet V. Cuomo Jan 1998

Establishment Of Religion, Court Of Appeals: Grumet V. Cuomo

Touro Law Review

No abstract provided.


Governmental Takings, Court Of Appeals: Anello V. Zoning Board Of Appeals Of The Village Of Dobbs Ferry Jan 1998

Governmental Takings, Court Of Appeals: Anello V. Zoning Board Of Appeals Of The Village Of Dobbs Ferry

Touro Law Review

No abstract provided.


Right To Counsel, Supreme Court, Queens County: People V. Bell Jan 1998

Right To Counsel, Supreme Court, Queens County: People V. Bell

Touro Law Review

No abstract provided.


Right To Jury Trial, Supreme Court, Appellate Division, Second Department: Hynes V. Tomei Court Jan 1998

Right To Jury Trial, Supreme Court, Appellate Division, Second Department: Hynes V. Tomei Court

Touro Law Review

No abstract provided.


Separation Of Powers, Supreme Court, Appellate Division, Third Department: Dorst V. Pataki Jan 1998

Separation Of Powers, Supreme Court, Appellate Division, Third Department: Dorst V. Pataki

Touro Law Review

No abstract provided.


Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne Henderson Jan 1998

Co-Opting Compassion: The Federal Victim's Rights Amendment, Lynne Henderson

Scholarly Works

No abstract provided.


Race, Angst And Capital Punishment: The Burger Court's Existential Struggle, Katherine R. Kruse Jan 1998

Race, Angst And Capital Punishment: The Burger Court's Existential Struggle, Katherine R. Kruse

Scholarly Works

This article chronicles the Burger Court's inability to fashion a suitable remedy for racism in the discretionary system of capital sentencing. The article discusses the Court's initial response, “remedial paralysis,” which is evident, not only in McGautha v. California, where the Court refused to find that the Due Process Clause was violated by standardless death sentencing, but also in Furman v. Georgia, where the Court decided to abolish the death penalty. The article further explores the Court's reinstatement of the death penalty, and two of the Court's forays into “bad faith” denial that sustained the death penalty, particularly the Court's …


Deconstructing Homo[Genous] Americanus: The White Ethnic Immigrant Narrative And Its Exclusionary Effect, Sylvia R. Lazos Jan 1998

Deconstructing Homo[Genous] Americanus: The White Ethnic Immigrant Narrative And Its Exclusionary Effect, Sylvia R. Lazos

Scholarly Works

This Article examines why the assumption of sameness is so pervasive in our society, and why the very idea of diversity is so resisted. The assumption and the corollary mandate to be the same are embedded in American cultural ideology, in how Americans think of themselves, in the stories that we tell regarding who we are and where we come from, in how we construct our values and norms, and in how Americans make sense of our chaotic social world. The assumption and mandate of sameness not only influence American culture, they also guide judges' thinking and decision-making in key …


The Hidden History Of The Second Amendment, Carl Bogus Jan 1998

The Hidden History Of The Second Amendment, Carl Bogus

Law Faculty Scholarship

No abstract provided.


"A Revolution Which Seeks To Abolish Law, Must End Necessarily In Despotism": Louisa Mccord And Antebellum Southern Legal Thought, Alfred L. Brophy Jan 1998

"A Revolution Which Seeks To Abolish Law, Must End Necessarily In Despotism": Louisa Mccord And Antebellum Southern Legal Thought, Alfred L. Brophy

Cardozo Journal of Equal Rights & Social Justice

Louisa McCord's essays provide a unique lens into the legal and political thought of antebellum Southern society, particularly her defense of slavery and the role of law in maintaining social order. She argued that law should ensure basic fairness in market transactions but should not interfere with the institution of slavery, which she viewed as a matter of sentiment rather than legal regulation. McCord's work challenges the notion that legal history is confined to the common law tradition, emphasizing the importance of understanding law as part of a broader societal outlook.