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Articles 1681 - 1710 of 2715
Full-Text Articles in Constitutional Law
The Future Of Federalism, Robert F. Nagel
The Term Limits Dissent: What Nerve, Robert F. Nagel
The Term Limits Dissent: What Nerve, Robert F. Nagel
Publications
No abstract provided.
Oregon Constitution: A Survey Of Significant State Provisions, Oregon Law Institute, Susan M. Leeson, William F. Gary, Glenn Klein, Madelyn F. Wessel, Timothy J. Sercombe, W. Michael Gillette, David Schuman, David A. Ernst, Rex Armstrong, Jacob Tanzer, George A. Van Hoomissen, Charles F. Hinkle, Hans A. Linde
Oregon Constitution: A Survey Of Significant State Provisions, Oregon Law Institute, Susan M. Leeson, William F. Gary, Glenn Klein, Madelyn F. Wessel, Timothy J. Sercombe, W. Michael Gillette, David Schuman, David A. Ernst, Rex Armstrong, Jacob Tanzer, George A. Van Hoomissen, Charles F. Hinkle, Hans A. Linde
Oregon Law Institute, 1995
Course Materials from the October 13, 1995 Program in Portland
Citizen Initiatives In Florida: An Analysis Of Florida's Constitutional Initiative Process, Issues, And Alternatives, P. K. Jameson, Martha Hosack
Citizen Initiatives In Florida: An Analysis Of Florida's Constitutional Initiative Process, Issues, And Alternatives, P. K. Jameson, Martha Hosack
Florida State University Law Review
No abstract provided.
Constitutional Law—Freedom Of Speech—Homeowner Wins In Battle To Limit City Government's Power To Ban Residential Signs. City Of Ladue V. Gilleo, 114 S. Ct. 2038 (1994)., Stan M. Weber
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Analysis Of Indiana's Controlled Substance Excise Tax, F. Anthony Paganelli
Constitutional Analysis Of Indiana's Controlled Substance Excise Tax, F. Anthony Paganelli
Indiana Law Journal
No abstract provided.
A Practitioner's Guide To Challenging And Defending Legislatively Proposed Constitutional Amendments In Arkansas, Stephen B. Niswanger
A Practitioner's Guide To Challenging And Defending Legislatively Proposed Constitutional Amendments In Arkansas, Stephen B. Niswanger
University of Arkansas at Little Rock Law Review
No abstract provided.
A Comparative Analysis Of Internal Controls On The Transfer Of Waste Within The E.U. And U.S., Christopher J. Foreman
A Comparative Analysis Of Internal Controls On The Transfer Of Waste Within The E.U. And U.S., Christopher J. Foreman
Cardozo Journal of International and Comparative Law
The article examines the legal frameworks governing the interstate and international movement of waste, focusing on the tension between environmental protection and free trade. It highlights how the U.S. Supreme Court has consistently struck down state laws that discriminate against out-of-state waste under the Commerce Clause, emphasizing the need for nondiscriminatory solutions. In contrast, the European Union prioritizes environmental protection and self-sufficiency, allowing restrictions on waste movement under specific conditions. The article suggests that a more coherent framework is needed to balance these competing interests effectively.
Accelerated Education As A Remedy For High-Poverty Schools, William H. Clune
Accelerated Education As A Remedy For High-Poverty Schools, William H. Clune
University of Michigan Journal of Law Reform
High-poverty schools, and the students who attend them, have historically faced substantial challenges in providing and receiving, adequate education. Despite some relief from the courts, school finance remedies that require the redistribution of monetary aid to low-wealth districts have encountered strong political opposition. In this Article, Professor Clune makes a renewed claim for accelerated education as the primary focus of adequacy litigation in school reform cases. He describes the nation's educational condition, in which there exists a disturbing correlation between poverty and low educational outcomes. He then drafts a vision of a comprehensive, school reform remedy, one that emphasizes institutional …
School Finance Adequacy As Vertical Equity, Julie K. Underwood
School Finance Adequacy As Vertical Equity, Julie K. Underwood
University of Michigan Journal of Law Reform
In this Article, Dean Underwood explains that school finance cases can be divided into three waves of reform. The first wave involved efforts to use the Federal Equal Protection Clause to overturn financing systems. Litigants in the second wave turned to state equal protection and due process clauses. Finally, the third wave involved the utilization of education clauses in state constitutions as the predominant litigation vehicle. These three waves embody two primary approaches to school finance litigation. The first approach involves a challenge to the adequacy of a state's funding system under either the state or federal equal protection clause, …
Establishing Education Program Inadequacy: The Alabama Example, Martha I. Morgan, Adam S. Cohen, Helen Hershkoff
Establishing Education Program Inadequacy: The Alabama Example, Martha I. Morgan, Adam S. Cohen, Helen Hershkoff
University of Michigan Journal of Law Reform
The authors draw on their experience as attorneys for a statewide class of plaintiff school children in the liability phase of ongoing public education reform litigation in Alabama to demonstrate the availability of state and nationally recognized standards concerning educational resources (inputs) and results (outputs) that can serve as evidentiary tools for assessing and for establishing a state public education system's failure to satisfy constitutional mandates of educational adequacy. The Article discusses the usefulness and limitations of using such standards as a starting point in a court's constitutional analysis. It suggests an integrated approach that links input and output standards …
Achieving Equity And Excellence In Kentucky Education, C. Scott Trimble, Andrew C. Forsaith
Achieving Equity And Excellence In Kentucky Education, C. Scott Trimble, Andrew C. Forsaith
University of Michigan Journal of Law Reform
In this Article, Trimble and Forsaith discuss the landmark Kentucky school finance case, Rose v. Council for Better Education, 790 S.W.2d 186 (Ky. 1989), and the school reform efforts it spawned. In Council for Better Education, the Kentucky Supreme Court held that the state had failed its duty under the state constitution to provide all students with an adequate education, which it defined in terms of seven categories of knowledge and skills students should acquire. The State General Assembly responded with the Kentucky Education Reform Act (KERA), which significantly boosted state funding as well as established an ambitious accountability system …
Oklahoma School Finance Litigation: Shifting From Equity To Adequacy, Mark S. Grossman
Oklahoma School Finance Litigation: Shifting From Equity To Adequacy, Mark S. Grossman
University of Michigan Journal of Law Reform
This Article traces the history of Oklahoma school finance litigation from the initial challenge based on funding inequity to a recent lawsuit founded on alleged constitutional inadequacies in the state system. Although the legal challenge based on funding inequity was unsuccessful in the courts, the pendency of the suit helped push the state legislature toward some reforms. The threat of a new lawsuit based on alleged inadequacies in the state school system, together with a serious funding shortfall, propelled a comprehensive education reform plan through the state legislature in 1990. The association of local school boards that led the equity …
Defendant's Right To Be Present In New York: A "Constatutory" Right, Steven N. Malitz
Defendant's Right To Be Present In New York: A "Constatutory" Right, Steven N. Malitz
Touro Law Review
No abstract provided.
Civil Service Appointments And Promotions
Mandatory Non-Anonymous Testing Of Newborns For Hiv: Should It Ever Be Allowed, 27 J. Marshall L. Rev. 373 (1994), Jean R. Sternlight
Mandatory Non-Anonymous Testing Of Newborns For Hiv: Should It Ever Be Allowed, 27 J. Marshall L. Rev. 373 (1994), Jean R. Sternlight
UIC Law Review
No abstract provided.
Pulling The Plug: Controversial Programming On Public Access Television And The Cable Television Consumer Protection And Competition Act Of 1992, 28 J. Marshall L. Rev. 399 (1995), Bradley J. Howard
UIC Law Review
No abstract provided.
Sentencing And Cultural Differences: Banishment Of The American Indian Robbers, 29 J. Marshall L. Rev. 239 (1995), Stephanie J. Kim
Sentencing And Cultural Differences: Banishment Of The American Indian Robbers, 29 J. Marshall L. Rev. 239 (1995), Stephanie J. Kim
UIC Law Review
No abstract provided.
A Nation Of Robots - The Unconstitutionality Of Public School Uniform Codes, 28 J. Marshall L. Rev. 645 (1995), Alyson Ray
UIC Law Review
No abstract provided.
The Minutemen, The National Guard And The Private Militia Movement: Will The Real Militia Please Stand Up, 28 J. Marshall L. Rev. 959 (1995), Chuck Dougherty
The Minutemen, The National Guard And The Private Militia Movement: Will The Real Militia Please Stand Up, 28 J. Marshall L. Rev. 959 (1995), Chuck Dougherty
UIC Law Review
No abstract provided.
Section 1983 Litigation, Martin A. Schwartz
The Pale Impact Of Recent Case Law On The Ascendancy Of The Voting Rights Act, Frank N. Schellace
The Pale Impact Of Recent Case Law On The Ascendancy Of The Voting Rights Act, Frank N. Schellace
Touro Law Review
No abstract provided.
Initiative Petition Reforms And The First Amendment, Emily Calhoun
Initiative Petition Reforms And The First Amendment, Emily Calhoun
Publications
No abstract provided.
The Last Centrifugal Force, Robert F. Nagel
The Commerce Clause Quartet, Martin A. Schwartz, Leon D. Lazer
The Commerce Clause Quartet, Martin A. Schwartz, Leon D. Lazer
Scholarly Works
No abstract provided.
The Supreme Court And Local Government Law 1993-94 Term: Introduction, Howard A. Glickstein
The Supreme Court And Local Government Law 1993-94 Term: Introduction, Howard A. Glickstein
Touro Law Review
No abstract provided.
Federalism And Families, Anne Dailey
Federalism And Families, Anne Dailey
Faculty Articles and Papers
No abstract provided.