Constitutional Law Commons^™

The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun

Publications

No abstract provided.

Rules And Standards, Pierre Schlag

Publications

No abstract provided.

The Supreme Court And The Constitution: The Continuing Debate On Judicial Review, Donald P. Kommers

Journal Articles

The three books reviewed in this essay are recent contributions to the growing literature of constitutional theory (Michael J. Perry, The Constitution, the Courts, and Human Rights (New Ha- ven: Yale University Press, 1982); Sotirios A. Barber, On What the Constitution Means (Baltimore and London: The Johns Hopkins University Press, 1984); and John Agresto, The Supreme Court and Constitutional Democracy (Ithaca: Cornell University Press, 1984). They explore important questions about the role of the Supreme Court and the meaning of the Constitution.

Backing Off Bivens And The Ramifications Of This Retreat For The Vindication Of First Amendment Rights, Joan Steinman

Michigan Law Review

In Part I of this Article, Chappell and Bush are analyzed against the backdrop of the preceding Bivens cases. The analysis explains how these cases presented situations that were similar to one another but unlike any the Supreme Court previously had faced in Bivens cases. It demonstrates how the Court departed from the line of analysis that its previous Bivens cases had established, in a way that makes it more difficult for at least some plaintiffs seeking vindication of their constitutional rights to succeed in having a money damage remedy implied directly under the Constitution. The Article then argues that …

The Intellectual Development Of The American Doctrine Of Judicial Review, Pnina Lahav

Faculty Scholarship

No abstract provided.

Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper

Michigan Law Review

The thrust of this Article is to attempt to ascertain just what differences the Court's judgments upholding individual constitutional rights have made for those who fall within the ambit of their protection. It seeks to address such questions as: What were the conditions that existed before the Court's ruling? How many people were subject to the regime that was invalidated by the Justices? Was the Court's mandate successfully implemented? What were the consequences for those affected? At a subjective level, were the repercussions perceived as salutary by those (or at least most of those) who were the beneficiaries of the …

The Supreme Court And Private Schools: An Update, Neal Devins

Popular Media

No abstract provided.

From Swift To Erie: An Historical Perspective, Gene R. Shreve

Michigan Law Review

A Review of Harmony & Dissonance: The Swift & Erie Cases in American Federalism by Tony Freyer

Does Doctrine Matter?, Frederick Schauer

Michigan Law Review

A Review of The Burger Court: The Counter-Revolution That Wasn't by Vincent Blasi

Is The Burger Court Really Like The Warren Court?, Paul Bender

Michigan Law Review

A Review of The Burger Court: The Counter-Revolution That Wasn't by Vincent Blasi

Toward Increased Judicial Activism: The Political Role Of The Supreme Court, Michigan Law Review

Michigan Law Review

A Review of Toward Increased Judicial Activism: The Political Role of the Supreme Court by Arthur Selwyn Miller

Director, Office Of Workers' Compensation Programs V. Perini North River Associates: Judicial Dilution Of The Longshoremen's And Harbor Workers' Compensation Act's 'Status' Requirement, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

In Director, Office of Workers' Compensation Programs v. Perini North River Associates, the Supreme Court effectively deleted from the LHWCA the section 2(3) "status" requirement as it pertains to workers injured on actual navigable waters of the United States. The Court's generous view of the 1972 amendments will clearly result in more workers being able to recover benefits under the Act. At the same time, however, the Court's means of expanding the Act without relying on clear congressional intent disturbs traditional notions of judicial review and implies an attempt at judicial legislation.

Although the Court noted that it intended to …

Diverting The Course Of Colorado River: A Reconciliation Of Seventh Circuit Adaptations, 17 J. Marshall L. Rev. 49 (1984), Michael W. Pinsof, Richard A. Wolfe

UIC Law Review

No abstract provided.

Legislative Delegation Of Powers: A Hobson's Choice, 17 J. Marshall L. Rev. 279 (1984), Rodolfe J.A. De Siefe

UIC Law Review

No abstract provided.

Illinois V. Gates: Probable Cause Redefined, 17 J. Marshall L. Rev. 335 (1984), James W. Reilley, Barry E. Witlin, Christine P. Curran

UIC Law Review

No abstract provided.

New Hearsay Exceptions For A Child's Statement Of Sexual Abuse, 18 J. Marshall L. Rev. 1 (1984), Glen Skoler

UIC Law Review

No abstract provided.

The Fee Awards Act Of 1976: Examining The Foundation For Legislative Reform Of Attorney's Fees Shifting, 18 J. Marshall L. Rev. 77 (1984), Randall R. Rader

UIC Law Review

No abstract provided.

Rediscovering The American Origins Of Judicial Review: A Rebuttal To The Views Stated By Currie And Other Schools, 18 J. Marshall L. Rev. 49 (1984), P. Allan Dionisopoulos, Paul Peterson

UIC Law Review

No abstract provided.

On Complaining About The Burger Court, Robert F. Nagel

Publications

No abstract provided.

Surface Rights In Artificial Watercourses, James N. Corbridge Jr.

Publications

No abstract provided.

How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel

Publications

No abstract provided.

Spinning The Legislative Veto, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

I am delighted to have been given the opportunity to comment on Judge Breyer's proposal for a fast-track substitute to the legislative veto. Although the Supreme Court invalidated the legislative veto device in INS v. Chadha, Judge Breyer's proposal demonstrates that innovative thinking may well permit those with enough determination to circumvent the apparent effect of the Court's decision. Even more important, the proposal illustrates why such circumvention is possible.

As a doctrinal matter, the legislative veto poses a real dilemma--one that is rooted in fundamental uncertainty about the proper relationship between the Supreme Court and the elected branches of …

Deconstructing The Legislative Veto, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

On June 23, 1983, the Supreme Court invalidated more federal statutes in a single day than it had in all of its prior history. In so doing, the Court also dramatically altered the allocation of governmental power between Congress and the President. At least that is how the press viewed the significance of INS v. Chadha, the decision invalidating the legislative veto device on which Congress had come to rely as an expedient method of controlling the exercise of executive discretion. Whether or not the hyperbole proves to have been warranted, the decision does possess a certain intrigue-it is not …

What Standards Apply When Freedoms Collide?, Neal Devins

Faculty Publications

No abstract provided.

Legislative Formality, Administrative Rationality, Harold H. Bruff

Publications

No abstract provided.

Are Residential Quotas Constitutional?, Neal Devins

Faculty Publications

No abstract provided.

Trends In The Supreme Court: Mr. Jefferson’S Crumbling Wall - A Comment On Lynch V. Donnelly, William W. Van Alstyne

Faculty Publications

No abstract provided.

Inconsistent Standards Of Review In Last Term's Establishment Clause Cases, Neal Devins

Popular Media

No abstract provided.

Refining The Lawmaking Function Of The Supreme Court, Frederick Schauer

Faculty Publications

No abstract provided.

Where Do The New Scholars Learn New Scholarship?, Franklin E. Zimring

Journal of Legal Education

No abstract provided.