Constitutional Law Commons^™

The Field Of Public Land Law: Some Connecting Threads And Future Directions, Charles F. Wilkinson

Publications

No abstract provided.

Log-Rolling And Judicial Review, Michael J. Waggoner

Publications

No abstract provided.

United States V. Sioux Nation: Political Questions, Moral Imperative, And The National Honor, Stephen Cosby Hanson

American Indian Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1978

West Virginia Law Review

No abstract provided.

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

Articles by Maurer Faculty

No abstract provided.

Presidential Power And Administrative Rulemaking, Harold H. Bruff

Publications

No abstract provided.

Special Report - Federal Criminal Code Revision: Some Problems With Culpability Provisions, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The age of federal codification is upon us. The Federal Rules of Evidence and the new bankruptcy and copyright revisions are but examples. By far the most ambitious undertaking in this regard is the effort to recodify federal criminal law.

The federal criminal code project, spanning more than a decade was most recently embodied in the last Congress in S. 1437, which passed the Senate, and H.R. 13959, which competed in the House with S. 1437. Neither bill passed the House. Thus, the Congress closed without a new Code. But both the bills will be back with us, introduced with …

Book Review, Robert F. Nagel

Publications

No abstract provided.

Cognitive Death: Differential Problems And Legal Overtones, H. Richard Beresford

Cornell Law Faculty Publications

No abstract provided.

Judicial Consideration Of The Delegation Of Legislative Power To Regulatory Agencies In The Progressive Era, John H. Garvey

Scholarly Articles

Despite the vigorous debate which it occasioned in other circles, the practice of delegating legislative power to regulatory agencies which began at the end of the nineteenth century was never seriously questioned by American courts during the progressive era. This is not to say that the judiciary saw no threat posed by government by institutions of a form undreamed of at the time the Constitution was framed. Since the appearance of the first regulatory commissions, the courts have shown a concern to protect individual rights which recently may be seen in the insistence on procedural safeguards in agency adjudication and …

Social Security Benefits For Spouses, Peter W. Martin

Cornell Law Faculty Publications

No abstract provided.

Designating Areas Unsuitable For Surface Coal Mining, Mark S. Squillace

Publications

No abstract provided.

Recent Developments

American Indian Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1976

West Virginia Law Review

No abstract provided.

The Congressional Veto: Preserving The Constitutional Framework, Arthur S. Miller, George M. Knapp

Indiana Law Journal

Symposium: Separation of Powers

Representation Under The Ohio Public Defender Act, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

National League Of Cities V. Usery: Its Implications For The Equal Pay Act And The Age Discrimination In Employment Act, Ellen B. Spellman

University of Michigan Journal of Law Reform

In National League of Cities v. Usery, the Supreme Court invalidated the application of the FLSA minimum wage and maximum hours provisions to certain essential state government activities as an unconstitutional intrusion on state sovereignty. This article will explore the implications of that decision with respect to the application of the EPA and the ADEA to state and local governments.

Part I contains a brief discussion of the Fair Labor Standards Act and Amendments. Part II discusses National League with reference to traditional commerce clause interpretation. Part III analyzes the difficulties of applying the decision, particularly the problem of …

Congressional Control Of Administrative Regulation: A Study Of Legislative Vetoes, Harold H. Bruff, Ernest Gellhorn

Publications

Several administrative programs contain provisions allowing Congress to veto agency rules, and there is now a bill before Congress to extend this veto power to all agency rulemaking. In this Article, Professor Bruff and Dean Gellhorn analyze the histories of five federal programs subject to the legislative veto to determine the effect of the veto on the rulemaking process and on the relationships between the branches of government. Extrapolating from this practical experience, they suggest that a general legislative veto is unlikely to increase the overall efficiency of the administrative process, may impede the achievement of reasoned decisionmaking based on …

The National Standards For No-Fault Insurance Act: Good Intentions And Bad Federalism, Richard L. Reinhold

Buffalo Law Review

No abstract provided.

Expatriation: Afroyim V. Rusk And Its Progeny, Jonathan D. Factor

Buffalo Law Review

No abstract provided.

The 1975 New York Judicial Conference Package: Class Actions And Comparative Negligence, Adolf Homburger

Buffalo Law Review

No abstract provided.

Judicial Review In Local Government Law: A Reappraisal, Harold H. Bruff

Publications

No abstract provided.

Computerized Medical Records And The Right To Privacy: The Emerging Federal Response, Barry B. Boyer

Buffalo Law Review

No abstract provided.

Ex Post Facto Limitations On Legislative Power, Michigan Law Review

Michigan Law Review

This Note explores the rationale underlying the prohibition of ex post facto laws and formulates an analytic framework for a more principled application .of the prohibition. This analytic framework is then used, first, to critique the present strict application of the prohibition to changes in criminal "punishments" and determine whether the prohibition should be applied to sanctions imposed outside the criminal context, and, second, to determine the degree to which the prohibition should be applied to procedural changes.

The Federal Anti-Riot Act And Political Crime: The Need For Criminal Law Theory, Marvin Zalman

Villanova Law Review (1956 - )

No abstract provided.

State Legislative Ratification Of Federal Constitutional Amendments: An Overview, Philip L. Martin

University of Richmond Law Review

Article V of the United States Constitution sets out the amend- ment procedure, which consists of two stages, proposal and ratification. Each stage, in turn, offers two alternative procedures which can be interchanged to provide four means of effecting constitutional alteration. An amendment may be proposed either by a two-thirds vote of each house of Congress or by a national convention assembled upon proper application by the legislatures of two-thirds of the states; and an amendment may be ratified, as Congress decides, either by three-fourths of the state legislatures or by conventions in three-fourths of the states. To date, the …

The Conclusive Presumption Doctrine: Equal Process Or Due Protection?, Michigan Law Review

Michigan Law Review

In Vlandis v. Kline and United States Department of Agriculture v. Murry, decided during its past term, the Supreme Court invoked the conclusive presumption doctrine to invalidate statutory provisions, that restricted access to certain state and federal government benefits. This term, in Cleveland Board of Education v. LaFleur, the Court used the same rationale to strike down school board rules requiring teachers to take maternity leaves without pay. The essence of the doctrine is as follows: When a statutory provision imposes a burden upon a class of individuals for a particular purpose and certain individuals within the burdened class …

Congressional Immunity: A Criticism Of Exisiting Distinctions And A Proposal For A New Definitional Approach, X. L. Suarez

Villanova Law Review (1956 - )

No abstract provided.

The General Assembly And Local Government: Legislating A Constitution 1969-1970, Jack Spain Jr.

University of Richmond Law Review

Counties, cities, towns, sanitary districts and authorities-these are the building blocks of the Commonwealth of Virginia. The operations of these units directly affect the day-to-day activities of every Virginian. The Virginia Constitutional Revision Commission (the Commission), in proposing its recommended changes to the Virginia Constitution of 1902, therefore, considered the area of local government most carefully. Its recommendations contained in Article VII of the proposed Revised Constitution of 1971, set forth in the Commission's Report. When the proposed Constitution was considered by the General Assembly in the special session of 1969 before its final adoption by the General Assembly and …

The Equal Rights Amendment: Constraint On Discretion In Family Law, Marylou Clark, Tricia Semmelhack, Sara Steinbock

Buffalo Law Review

No abstract provided.