Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Supreme Court of the United States

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 2791 - 2820 of 3212

Full-Text Articles in Constitutional Law

The Rise Of Modern Judicial Review: From Constitutional Interpretation To Judge-Made Law, Ward A. Greenberg May 1987

The Rise Of Modern Judicial Review: From Constitutional Interpretation To Judge-Made Law, Ward A. Greenberg

Michigan Law Review

A Review of The Rise of Modern Judicial Review: From Constitutional Interpretation to Judge-Made Law by Christopher Wolfe


Constitutional Politics: Affirmative Action And Supreme Process, Albert Broderick Apr 1987

Constitutional Politics: Affirmative Action And Supreme Process, Albert Broderick

North Carolina Central Law Review

No abstract provided.


Commerce Clause Restraints On State Taxation: Purposeful Economic Protectionism And Beyond, Walter Hellerstein Feb 1987

Commerce Clause Restraints On State Taxation: Purposeful Economic Protectionism And Beyond, Walter Hellerstein

Michigan Law Review

Few questions in recent years have spawned as much controversy and as little academic interest as the scope of commerce clause restraints on state tax power. The Supreme Court has handed down an extraordinary number of significant decisions addressed to the limitations the commerce clause imposes on state taxation. Yet these decisions have barely caught the eye of the nation's leading law reviews or constitutional scholars. Even those observers who have recognized the Court's renaissance of interest in the dormant commerce clause have largely confined their attention to state regulation, as distinguished from state taxation, of interstate commerce. If there …


Appealability, Under The Collateral Order Doctrine, Of Orders Denying Motions For Appointment Of Counsel In Federal Civil Litigation After Richardson-Merrell, Inc. V. Koller, Kevin G. Dumbach Jan 1987

Appealability, Under The Collateral Order Doctrine, Of Orders Denying Motions For Appointment Of Counsel In Federal Civil Litigation After Richardson-Merrell, Inc. V. Koller, Kevin G. Dumbach

Touro Law Review

No abstract provided.


Statutes Of Limitation And Section 1983: Implications For Illinois Civil Rights Law, 20 J. Marshall L. Rev. 415 (1987), Brian Kibble-Smith Jan 1987

Statutes Of Limitation And Section 1983: Implications For Illinois Civil Rights Law, 20 J. Marshall L. Rev. 415 (1987), Brian Kibble-Smith

UIC Law Review

No abstract provided.


On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff Jan 1987

On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff

Publications

No abstract provided.


American Indians And The Bicentennial, Richard B. Collins Jan 1987

American Indians And The Bicentennial, Richard B. Collins

Publications

No abstract provided.


Strict Constructionism And The Strike Zone, Douglas O. Linder Jan 1987

Strict Constructionism And The Strike Zone, Douglas O. Linder

Faculty Works

No abstract provided.


Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein Jan 1987

Silence As A Trial Strategy After Strickland And Cronic: Ineffective Assistance Of Counsel?Nic : The Ineffective Assistance Of Counsel?, Jo Ellen Silberstein

Touro Law Review

No abstract provided.


Alternative Dispute Resolution In The Federal Government: A View From Congress, Senator Orrin G. Hatch Jan 1987

Alternative Dispute Resolution In The Federal Government: A View From Congress, Senator Orrin G. Hatch

Touro Law Review

No abstract provided.


Citizen's Arrests And The Fourth Amendment--A Fresh Perspective, Howard E. Wallin Jan 1987

Citizen's Arrests And The Fourth Amendment--A Fresh Perspective, Howard E. Wallin

Touro Law Review

No abstract provided.


The Salerno Challenge To The Bail Reform Act Of 1984, Aba Heiman Jan 1987

The Salerno Challenge To The Bail Reform Act Of 1984, Aba Heiman

Touro Law Review

No abstract provided.


Review Essay: Charting The Bicentennial, Richard B. Bernstein Jan 1987

Review Essay: Charting The Bicentennial, Richard B. Bernstein

Articles & Chapters

No abstract provided.


Siamese Essays: (I) Cts Corp. V. Dynamics Corp. Of America And Dormant Commerce Clause Doctrine; (Ii) Extraterritorial State Legislation, Donald H. Regan Jan 1987

Siamese Essays: (I) Cts Corp. V. Dynamics Corp. Of America And Dormant Commerce Clause Doctrine; (Ii) Extraterritorial State Legislation, Donald H. Regan

Articles

What follows is two essays, related as Siamese twins. Both essays developed from a single conception. They are distinct, but they remain connected by a shared subtopic. The first essay is about CTS Corp. v. Dynamics Corp. of America1 as a contribution to dormant commerce clause doctrine. The second essay is about the constitutional principle that states may not legislate extraterritorially, which I shall refer to as the "extraterritoriality principle." The shared subtopic is the extraterritoriality problem in CTS. (There is an extraterritoriality problem in CTS, even though the Court does not discuss it in those terms.) I could have …


Notes On A Bicentennial Constitution: Part Ii, Antinomial Choices And The Role Of The Supreme Court, William W. Van Alstyne Jan 1987

Notes On A Bicentennial Constitution: Part Ii, Antinomial Choices And The Role Of The Supreme Court, William W. Van Alstyne

Faculty Publications

Continuing the examination of judicial review conducted around the Constitution’s bicentennial, this article lays bare the inconsistencies in the expected tasks of the Supreme Court. Where some roles of the Court have traditionally been treated as indivisible, examining those same roles separate from one another produces an incoherent view of the Court that is difficult to compromise.


Scholarly Reflections On The Court And The Constitution, Michael Ashley Stein Jan 1987

Scholarly Reflections On The Court And The Constitution, Michael Ashley Stein

Faculty Publications

No abstract provided.


Rationalism In Constitutional Law, Robert F. Nagel Jan 1987

Rationalism In Constitutional Law, Robert F. Nagel

Publications

No abstract provided.


A Comment On Democratic Constitutionalism, Robert F. Nagel Jan 1987

A Comment On Democratic Constitutionalism, Robert F. Nagel

Publications

No abstract provided.


Associations' Freedom V. Freedom Of Association: Another Look At All-Male Clubs, Neal Devins Jan 1987

Associations' Freedom V. Freedom Of Association: Another Look At All-Male Clubs, Neal Devins

Faculty Publications

No abstract provided.


Constructing A Constitution: 'Orginal Intention' In The Slave Cases, James Boyd White Jan 1987

Constructing A Constitution: 'Orginal Intention' In The Slave Cases, James Boyd White

Other Publications

The question how our Constitution is to be interpreted is a living one for us today, both in the scholarly and in the political domains. Professors argue about "interpretivism" and "originalism" in law journals, they study hermeneutics and deconstruction to determine whether or not interpretation is possible at all, and if so on what premises, and they struggle to create theories that will tell us both what we do in fact and what we ought to do. Politicians and public figures (including Attorney General Edwin Meese) talk in the newspapers and elsewhere about the authority of the "original intention of …


A Reply To Gonzalez, Interpreting This Constitution: Another Response To Professor Van Alstyne, William W. Van Alstyne Jan 1987

A Reply To Gonzalez, Interpreting This Constitution: Another Response To Professor Van Alstyne, William W. Van Alstyne

Faculty Publications

No abstract provided.


Formal And Functional Approaches To Separation-Of-Powers Questions – A Foolish Inconsistency?, Peter L. Strauss Jan 1987

Formal And Functional Approaches To Separation-Of-Powers Questions – A Foolish Inconsistency?, Peter L. Strauss

Faculty Scholarship

Is it possible to give contemporary shape to the principles of constitutional structure we know as "separation of powers"? That question was sharply presented once again on the final day of the Supreme Court's most recent Term, when it decided two cases raising separation-of-powers issues. In Bowsher v. Synar, the subject of this symposium, the Court found constitutional fault in Congress's asserted expansion of its own powers at the expense of the President's article II authority. Commodity Future Trading Commission v. Schor, far less widely noted, upheld against constitutional challenge Congress's assignment to an administrative adjudicator of the …


Review Essay: Liberalism And The Supreme Court, Donald P. Kommers Jan 1987

Review Essay: Liberalism And The Supreme Court, Donald P. Kommers

Journal Articles

In Liberalism and American Constitutional Law, Rogers M. Smith of Yale University takes stock of the American liberal tradition and its impact on the Supreme Court's constitutional jurisprudence. It argues that the tradition's political vision lacks philosophical coherence and that our constitutional law, by reflecting this incoherence, has failed to provide the legal community with a public philosophy suited to the needs of American society in the late twentieth century.His goal is to demonstrate the superiority of "rational liberty," both as a philosophical theory and practical guide to constitutional policymaking, over three major competing versions of liberal constitutionalism. To wit: …


Constitutional Decisions And The Supreme Law, Kent Greenawalt Jan 1987

Constitutional Decisions And The Supreme Law, Kent Greenawalt

Faculty Scholarship

What status do Supreme Court decisions have for officials in the political branches of our government? Six months ago, Attorney General Edwin Meese III rekindled controversy over this enduring and troublesome question when he claimed in a widely reported lecture that Supreme Court decisions interpreting the Constitution are not the supreme law of the land, and are properly subject to forms of opposition by other governmental officials. The general reaction to the speech was that it was meant to reduce the perceived authority of Supreme Court opinions, and a close reading of the speech certainly leaves this impression. Yet, even …


Sidestepping The Principle Of Judicial Restraint: Use And Abuse Of Taboo In Constitutional Law, Louis Lusky Dec 1986

Sidestepping The Principle Of Judicial Restraint: Use And Abuse Of Taboo In Constitutional Law, Louis Lusky

Cardozo Law Review

No abstract provided.


Government Responsibility For Constitutional Torts, Christina B. Whitman Nov 1986

Government Responsibility For Constitutional Torts, Christina B. Whitman

Articles

This essay is about the language used to decide when governments should be held responsible for constitutional torts.' Debate about what is required of government officials, and what is required of government itself, is scarcely new. What is new, at least to American jurisprudence, is litigation against government units (rather than government officials) for constitutional injuries. 2 The extension of liability to institutional defendants introduces special problems for the language of responsibility. In a suit against an individual official it is easy to describe the wrong as the consequence of individual behavior that is inconsistent with community norms; the language …


Teaching Constitutional Law: Role-Playing The Supreme Court, David S. Day Jun 1986

Teaching Constitutional Law: Role-Playing The Supreme Court, David S. Day

Journal of Legal Education

No abstract provided.


Expert Services And The Indigent Criminal Defendant: The Constitutional Madate Of Ake V. Oklahoma, John M. West May 1986

Expert Services And The Indigent Criminal Defendant: The Constitutional Madate Of Ake V. Oklahoma, John M. West

Michigan Law Review

This Note attempts to define the boundaries of the indigent criminal defendant's constitutional right to expert assistance, in the light of Ake v. Oklahoma. Part I briefly reviews the Ake decision and examines its constitutional background. Part II inquires into Ake's implications for experts other than psychiatrists and in contexts other than the insanity defense, arguing that the principles that guided the Ake decision have validity well beyond the facts of that case. Part III asks whether the Ake doctrine should be limited to capital cases. Rejecting such a limitation, it concludes that the right to expert assistance …


The Functions, Roles, And Duties Of The Senate In The Supreme Court Appointment Process, William G. Ross May 1986

The Functions, Roles, And Duties Of The Senate In The Supreme Court Appointment Process, William G. Ross

William & Mary Law Review

No abstract provided.


The Constitution As Mirror: Tribe's Constitutional Choices, Richard A. Posner Apr 1986

The Constitution As Mirror: Tribe's Constitutional Choices, Richard A. Posner

Michigan Law Review

A Review of Constitutional Choices by Laurence H. Tribe