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Constitutional Law Commons™

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Legislation

Institution
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Articles 1531 - 1560 of 1935

Full-Text Articles in Constitutional Law

Double Jeopardy: People V. Mitchell Jan 1994

Double Jeopardy: People V. Mitchell

Touro Law Review

No abstract provided.


Gift Or Loan Of State Money: Schulz V. State Of New York Jan 1994

Gift Or Loan Of State Money: Schulz V. State Of New York

Touro Law Review

No abstract provided.


Home Rule: Hertz V. City Of New York Jan 1994

Home Rule: Hertz V. City Of New York

Touro Law Review

No abstract provided.


Legislative Powers: King V. Cuomo Jan 1994

Legislative Powers: King V. Cuomo

Touro Law Review

No abstract provided.


Takings Clause: Saratoga Water Services, Inc. V. Saratoga County Water Authority Jan 1994

Takings Clause: Saratoga Water Services, Inc. V. Saratoga County Water Authority

Touro Law Review

No abstract provided.


Graveyard Robbery In The Omnibus Budget Reconciliation Act Of 1993: A Modern Look At The Constitutionality Of Retroactive Taxes, 27 J. Marshall L. Rev. 775 (1994), Andrew G. Schultz Jan 1994

Graveyard Robbery In The Omnibus Budget Reconciliation Act Of 1993: A Modern Look At The Constitutionality Of Retroactive Taxes, 27 J. Marshall L. Rev. 775 (1994), Andrew G. Schultz

UIC Law Review

No abstract provided.


Ineffective Assistance Of Counsel: In Re Jamie Tt. Jan 1994

Ineffective Assistance Of Counsel: In Re Jamie Tt.

Touro Law Review

No abstract provided.


New York's Educational Finance Scheme: Should It Be Declared Unconstitutional?, Janine M. Sarbak Jan 1994

New York's Educational Finance Scheme: Should It Be Declared Unconstitutional?, Janine M. Sarbak

Touro Law Review

No abstract provided.


Double Jeopardy: People V. Latham Jan 1994

Double Jeopardy: People V. Latham

Touro Law Review

No abstract provided.


State Debt: Schulz V. State Of New York Jan 1994

State Debt: Schulz V. State Of New York

Touro Law Review

No abstract provided.


Sotto Voce: The Supreme Court's Low Key But Not Insignificant Criminal Law Rulings During The 1992 Term, William E. Hellerstein Jan 1994

Sotto Voce: The Supreme Court's Low Key But Not Insignificant Criminal Law Rulings During The 1992 Term, William E. Hellerstein

Touro Law Review

No abstract provided.


Voting Rights Debate, Charles Stephen Ralston, Michael A. Carvin Jan 1994

Voting Rights Debate, Charles Stephen Ralston, Michael A. Carvin

Touro Law Review

No abstract provided.


Advising The President: Separation Of Powers And The Federal Advisory Committee Act, Jay S. Bybee Jan 1994

Advising The President: Separation Of Powers And The Federal Advisory Committee Act, Jay S. Bybee

Scholarly Works

This Article examines the tensions between Congress, the judiciary, and the President over presidential use of advisory committees. It argues that courts, in attempting to avoid difficult constitutional questions, have misread the Federal Advisory Committee Act (“FACA”). Properly construed, FACA violates separation of powers by limiting the terms on which the President can acquire information from nongovernmental advisory committees.

The author argues that the President does have the power to consult with outside advisers, and that FACA unconstitutionally infringes upon that power. FACA fails to draw a distinction between congressionally created advisory committees and presidentially created advisory committees, and assumes …


Initiative Enigmas, Richard Collins Jan 1994

Initiative Enigmas, Richard Collins

Publications

No abstract provided.


Civil Rights: People V. Dieppa Jan 1994

Civil Rights: People V. Dieppa

Touro Law Review

No abstract provided.


Civil Service Appointments And Promotions: Mancuso V. Levitt Jan 1994

Civil Service Appointments And Promotions: Mancuso V. Levitt

Touro Law Review

No abstract provided.


Education: Reform Educational Financing Inequities Today V. Cuomo Jan 1994

Education: Reform Educational Financing Inequities Today V. Cuomo

Touro Law Review

No abstract provided.


Home Rule: Walker V. Town Of Hempstead Jan 1994

Home Rule: Walker V. Town Of Hempstead

Touro Law Review

No abstract provided.


The Right To Privacy And The Public's Right To Know: The "Central Purpose" Of The Freedom Of Information Act, Fred H. Cate, D. Annette Fields, James K. Mcbain Jan 1994

The Right To Privacy And The Public's Right To Know: The "Central Purpose" Of The Freedom Of Information Act, Fred H. Cate, D. Annette Fields, James K. Mcbain

Articles by Maurer Faculty

No abstract provided.


The Case Of The Prisoners And The Origins Of Judicial Review, William Michael Treanor Jan 1994

The Case Of The Prisoners And The Origins Of Judicial Review, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

For over one hundred years, scholars have closely studied the handful of cases in which state courts, in the years before the Federal Constitutional Convention, confronted the question whether they had the power to declare laws invalid. Interest in these early cases began in the late nineteenth century as one aspect of the larger debate about the legitimacy of judicial review, a debate triggered by the increasing frequency with which the Supreme Court and state courts were invalidating economic and social legislation. The lawyers, political scientists, and historians who initially unearthed the case law from the 1770s and 1780s used …


Legal Foundations And Institutional Framework Of The Monetary Union In Europe And In The United States, Johan Van Den Cruijce Jan 1994

Legal Foundations And Institutional Framework Of The Monetary Union In Europe And In The United States, Johan Van Den Cruijce

LLM Theses and Essays

An economic and monetary union (EMU) is an area where there is complete freedom of movement of persons, goods, services, and capital. The financial markets in an EMU are completely integrated while the national currencies are conventional and have fixed exchange rates. Ultimately the national currencies may be replaced by a common currency and there will be one monetary policy. The EMU is considered to be the highest form of economic integration. This paper examines two examples of a monetary union; the first part focuses on the blueprint for a European monetary union as laid out in the Treaty on …


Executive Autonomy, Judicial Authority And The Rule Of Law: Reflections On Constitutional Interpretation And The Separation Of Powers, Michel Rosenfeld Oct 1993

Executive Autonomy, Judicial Authority And The Rule Of Law: Reflections On Constitutional Interpretation And The Separation Of Powers, Michel Rosenfeld

Cardozo Law Review

The United States Constitution is remarkably silent on the subject of ultimate responsibility for constitutional interpretation, despite its elaborate prescriptions for a scheme of separation of powers that interweaves elements of independence and of interdependence among the distinct branches of the federal government. It is hardly surprising, therefore, that there have been several disputes between the President and the Supreme Court concerning the scope of executive autonomy in constitutional interpretation. In recent years, moreover, the conflict between judicial authority and executive autonomy has been exacerbated by efforts to legitimize presidential interpretations of the Constitution that are inconsistent with Supreme Court …


Continuing Criminal Enterprise, Conspiracy, And The Multiple Punishment Doctrine, Kenneth G. Schuler Aug 1993

Continuing Criminal Enterprise, Conspiracy, And The Multiple Punishment Doctrine, Kenneth G. Schuler

Michigan Law Review

This Note argues that the Multiple Punishment Doctrine prohibits the imposition of concurrent convictions and sentences upon criminal defendants found guilty of engaging in a CCE and conspiring to violate narcotics laws. Part I surveys the values underlying the Multiple Punishment Doctrine and traces the evolution of the Supreme Court's application of the doctrine to modern criminal law. Part II examines the various methods employed by the circuit courts of appeals to deal with simultaneous convictions and sentences for CCE and conspiracy. Part III reviews the test, identified in Part I, that the Supreme Court has implicitly utilized to analyze …


Legal Developments: Ethics In Government Federal Advisory Committees, Foreign Conflicts Of Interest, The Constitution, And Dr. Franklin's Snuff Box, Gerald S. Schatz Mar 1993

Legal Developments: Ethics In Government Federal Advisory Committees, Foreign Conflicts Of Interest, The Constitution, And Dr. Franklin's Snuff Box, Gerald S. Schatz

University of the District of Columbia Law Review

No abstract provided.


Is There A Twenty-Seventh Amendment - The Unconstitutionality Of A New 203-Year-Old Amendment, 26 J. Marshall L. Rev. 977 (1993), Christopher M. Kennedy Jan 1993

Is There A Twenty-Seventh Amendment - The Unconstitutionality Of A New 203-Year-Old Amendment, 26 J. Marshall L. Rev. 977 (1993), Christopher M. Kennedy

UIC Law Review

No abstract provided.


The Igra And The Eleventh Amendment: Indian Tribes Are Gambling When They Try To Sue A State, 27 J. Marshall L. Rev. 193 (1993), Peter T. Glimco Jan 1993

The Igra And The Eleventh Amendment: Indian Tribes Are Gambling When They Try To Sue A State, 27 J. Marshall L. Rev. 193 (1993), Peter T. Glimco

UIC Law Review

No abstract provided.


Black And White Images, John H. Garvey Jan 1993

Black And White Images, John H. Garvey

Scholarly Articles

In 1989 the National Endowment for the Arts (the "NEA") caused a stir by funding two exhibitions of photographs by Robert Mapplethorpe and Andres Serrano. The pictures were vulgar and irreverent, and many people thought that the NEA should not sponsor them with tax money. Whether the NEA can actually control the content of speech that it pays for is a hard First Amendment question. I want to look at how Congress has tried to answer it. Congress seriously considered two solutions, and adopted one of them in 1990. Both rely on analogies drawn from the area of race relations. …


Takings Law, Lucas, And The Growth Management Act, John M. Groen, Richard M. Stephens Jan 1993

Takings Law, Lucas, And The Growth Management Act, John M. Groen, Richard M. Stephens

Seattle University Law Review

In light of Lucas and the recent constitutionally questionable Washington decisions, government entities charged with implementing the GMA may have a more difficult time avoiding takings liability than previously thought. Accordingly, this Article first seeks to clarify the modern takings analysis as refined by Lucas. Second, Washington takings precedent is contrasted with the federal approach and several key changes are suggested to make state law consistent with controlling federal precedent. Third, key aspects of the GMA are identified that can be expected to raise takings implications. By identifying potential trouble spots in the GMA now, hopefully some takings will …


The Death Penalty: A Solution To The Problem Of Intentional Aids Transmission Through Rape, 26 J. Marshall L. Rev. 941 (1993), Stefanie S. Wepner Jan 1993

The Death Penalty: A Solution To The Problem Of Intentional Aids Transmission Through Rape, 26 J. Marshall L. Rev. 941 (1993), Stefanie S. Wepner

UIC Law Review

No abstract provided.


Between Scylla And Charybdis: Growth Management Act Implementation That Avoids Takings And Substantive Due Process Limitations, Jeffrey M. Eustis Jan 1993

Between Scylla And Charybdis: Growth Management Act Implementation That Avoids Takings And Substantive Due Process Limitations, Jeffrey M. Eustis

Seattle University Law Review

This Article begins with an overview of the GMA. It then proceeds with a summary of recent case law under the Takings Clause and substantive due process doctrine. After laying this groundwork, this Article focuses on four particular areas of growth management control and explores how local legislation implementing these areas of control would be analyzed under the Takings Clause and substantive due process. These four areas of land use regulation include: critical area protections, resource land designations, development phasing requirements for concurrency and urban growth areas, and impact fees for public facilities and services. This Article then concludes with …