Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication Year
- Publication Type
Articles 721 - 750 of 1261
Full-Text Articles in Constitutional Law
Health Care And The Constitution: Public Health And The Role Of The State In The Framing Era, Wendy E. Parmet
Health Care And The Constitution: Public Health And The Role Of The State In The Framing Era, Wendy E. Parmet
UC Law Constitutional Quarterly
No abstract provided.
Nude Dancing, Expressive Conduct, And The First Amendment: Reviewing Barnes V. Glen Theatre, Edward Mckinley Urschel
Nude Dancing, Expressive Conduct, And The First Amendment: Reviewing Barnes V. Glen Theatre, Edward Mckinley Urschel
UC Law Constitutional Quarterly
No abstract provided.
What States Owe Outsiders, Matthew Adler
What States Owe Outsiders, Matthew Adler
UC Law Constitutional Quarterly
No abstract provided.
Monstrous Decision: Kidnapping Is Legal, Hernan De J. Ruiz-Bravo
Monstrous Decision: Kidnapping Is Legal, Hernan De J. Ruiz-Bravo
UC Law Constitutional Quarterly
No abstract provided.
Comment: Blinking At Reality: An Examination Of Bray V. Alexandria, Marjorie Richter
Comment: Blinking At Reality: An Examination Of Bray V. Alexandria, Marjorie Richter
UC Law Constitutional Quarterly
No abstract provided.
The First Amendment Right To Petition Government For A Redress Of Grievances: Cut From A Different Cloth, Julie M. Spanbauer
The First Amendment Right To Petition Government For A Redress Of Grievances: Cut From A Different Cloth, Julie M. Spanbauer
UC Law Constitutional Quarterly
The First Amendment right to petition government has been improperly limited by the United States Supreme Court. While the Court has agreed that the Petition Clause extends to the judiciary, it has improperly concluded that the Petition Clause does not provide a substantive right of access to the judiciary. Instead, the Court has granted only limited immunity to petitioners and has concluded that, whatever the breadth of the Petition Clause, there is no correlative duty of governmental response. The Court's interpretation ignores the historical understanding of this right. From its inception in England and throughout the colonial era, the right …
The California Constitution And The Counter-Initiative Quagmire, Elizabeth M. Stein
The California Constitution And The Counter-Initiative Quagmire, Elizabeth M. Stein
UC Law Constitutional Quarterly
It has become a popular political strategy in California to place counter-initiatives on the ballot with the intent of frustrating a reform movement. This practice has forced the courts to address the question of when two conflicting initiatives are passed by a majority of the voters, should the provisions of the two initiatives be combined or should the initiative that receives the greater number of votes entirely knock out the other initiative? In Taxpayers to Limit Campaign Spending v. Fair Political Practices Commission, the California Supreme Court attempted to simplify the task of interpreting the California Constitution to mean that …
Wit, Wisdom, And Compassion, Kevin T. Baine
Wit, Wisdom, And Compassion, Kevin T. Baine
UC Law Constitutional Quarterly
No abstract provided.
Afrocentric Movements In Education: Examining Equity, Culture, And Power Relations In The Public Schools, Drake D. Hill
Afrocentric Movements In Education: Examining Equity, Culture, And Power Relations In The Public Schools, Drake D. Hill
UC Law Constitutional Quarterly
No abstract provided.
All-Male Black Schools: Equal Protection, The New Separatism And Brown V. Board Of Education, Richard Cummings
All-Male Black Schools: Equal Protection, The New Separatism And Brown V. Board Of Education, Richard Cummings
UC Law Constitutional Quarterly
No abstract provided.
Simple Justice Gets Complicated, Pedro A. Noguera
Simple Justice Gets Complicated, Pedro A. Noguera
UC Law Constitutional Quarterly
No abstract provided.
Desegregation And The Supreme Court: The Fatal Attraction Of Brown, Donald E. Lively
Desegregation And The Supreme Court: The Fatal Attraction Of Brown, Donald E. Lively
UC Law Constitutional Quarterly
No abstract provided.
Brown In State Hands: State Policymaking And Educational Equality After Freeman V. Pitts, Bernard James, Julie M. Hoffman
Brown In State Hands: State Policymaking And Educational Equality After Freeman V. Pitts, Bernard James, Julie M. Hoffman
UC Law Constitutional Quarterly
No abstract provided.
The Latter Stages Of Enforcement Of Equitable Decrees: The Course Of Institutional Reform Cases After Dowell, Rufo, And Freeman, David I. Levine
The Latter Stages Of Enforcement Of Equitable Decrees: The Course Of Institutional Reform Cases After Dowell, Rufo, And Freeman, David I. Levine
UC Law Constitutional Quarterly
No abstract provided.
A Reply To Cummings: Are The Racial Realists Forced To Embrace The Legal Rationale Of The Liberal And Integrationist Structures, Kevin Brown
UC Law Constitutional Quarterly
No abstract provided.
Affirmative Action For The Poor: A Proposal For Affirmative Action In Higher Education Based On Economics, Not Race., Kimberly Paap Taylor
Affirmative Action For The Poor: A Proposal For Affirmative Action In Higher Education Based On Economics, Not Race., Kimberly Paap Taylor
UC Law Constitutional Quarterly
No abstract provided.
The University In The Manner Of Tiananmen Square, William Van Alstyne
The University In The Manner Of Tiananmen Square, William Van Alstyne
UC Law Constitutional Quarterly
This Essay examines university trends in regulating student and faculty verbal conduct as part of the larger general controversy on political correctness and its possible conflicts with neutral principles of academic freedom and freedom of speech.
Tribal-State Gaming Compacts: The Constitutionality Of The Indian Gaming Regulatory Act, William T. Bisset
Tribal-State Gaming Compacts: The Constitutionality Of The Indian Gaming Regulatory Act, William T. Bisset
UC Law Constitutional Quarterly
The Indian Gaming Regulatory Act (IGRA) permits Indian tribes to operate casino games on Indian lands, but only if the games are conducted in conformance with a tribal-state compact. Upon tribal request, a state must negotiate such a compact in good faith or risk losing its opportunity to regulate Indian gaming at all. In response to IGRA-sanctioned, federal-court actions by tribes to enforce their rights, states have successfully raised Tenth and Eleventh Amendment "states' rights" challenges to IGRA's constitutionality. This Article argues that the controlling Supreme Court precedent precludes states (a) from invoking the Eleventh Amendment as a defense to …
A Constitution In Conflict: The Doctrine Of Independent State Grounds And The Voter Initiative In California, Rachel A. Van Cleave
A Constitution In Conflict: The Doctrine Of Independent State Grounds And The Voter Initiative In California, Rachel A. Van Cleave
UC Law Constitutional Quarterly
California's Declaration of Rights proclaims that it is independent from rights set forth in the Federal Constitution. However, the voters of California, by simple majority votes, passed Propositions 8 and 115, the so-called "victims' rights initiatives," in an effort to require California judges to interpret certain California rights no broader than the federal judiciary has interpreted similarly worded rights found in the Federal Bill of Rights. This has resulted in a conflict between the voter's right to initiate law, and the rights of all Californians to an independent Declaration of Rights. This Article does not argue that broader rights are …
This Gentle Giant, Ramsey Clark
Thurgood Marshall: An Heir Of Charles Hamilton Houston, J. Clay Smith Jr.
Thurgood Marshall: An Heir Of Charles Hamilton Houston, J. Clay Smith Jr.
UC Law Constitutional Quarterly
No abstract provided.
Introduction: The Duty Of Keeping Political Power Separated, Calvin R. Massey
Introduction: The Duty Of Keeping Political Power Separated, Calvin R. Massey
UC Law Constitutional Quarterly
No abstract provided.
Title Vi Of The Intelligence Authorization Act, Fiscal Year 1991: Effective Covert Action Reform Or Business As Usual, Paul Gumina
Title Vi Of The Intelligence Authorization Act, Fiscal Year 1991: Effective Covert Action Reform Or Business As Usual, Paul Gumina
UC Law Constitutional Quarterly
No abstract provided.
Restoring The Balance Of Power: The Struggle For Control Of The Supreme Court, Terri Jennings Peretti
Restoring The Balance Of Power: The Struggle For Control Of The Supreme Court, Terri Jennings Peretti
UC Law Constitutional Quarterly
No abstract provided.
Real Property Forfeiture Under Federal Drug Laws: Does The Punishment Outweigh The Crime, Ron Champoux
Real Property Forfeiture Under Federal Drug Laws: Does The Punishment Outweigh The Crime, Ron Champoux
UC Law Constitutional Quarterly
No abstract provided.
The Constitutionality Of The Use Of The Norplant Contraceptive Device As A Condition Of Probation, Melissa Burke
The Constitutionality Of The Use Of The Norplant Contraceptive Device As A Condition Of Probation, Melissa Burke
UC Law Constitutional Quarterly
No abstract provided.
Deconstitutionalizing Justiciability: The Example Of Mootness, Evan Tsen Lee
Deconstitutionalizing Justiciability: The Example Of Mootness, Evan Tsen Lee
Faculty Scholarship
No abstract provided.
Government Regulation Of Religiously Based Social Services: The First Amendment Considerations, Carl H. Esbeck
Government Regulation Of Religiously Based Social Services: The First Amendment Considerations, Carl H. Esbeck
UC Law Constitutional Quarterly
No abstract provided.
Public Executions: Understanding The Cruel And Unususal Punishments Clause, Steven A. Blum
Public Executions: Understanding The Cruel And Unususal Punishments Clause, Steven A. Blum
UC Law Constitutional Quarterly
No abstract provided.
Limitations On The Use Of Appropriations Riders By Congress To Effectuate Substantive Policy Changes, Jacques B. Leboeuf
Limitations On The Use Of Appropriations Riders By Congress To Effectuate Substantive Policy Changes, Jacques B. Leboeuf
UC Law Constitutional Quarterly
No abstract provided.