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Articles 211 - 240 of 504
Full-Text Articles in Constitutional Law
The Creation And Perpetuation Of The Mother/Body Myth: Judicial And Legislative Enlistment Of Norplant, Madeline Henley
The Creation And Perpetuation Of The Mother/Body Myth: Judicial And Legislative Enlistment Of Norplant, Madeline Henley
Buffalo Law Review
No abstract provided.
What Is A State Constitution?, James A. Gardner
What Is A State Constitution?, James A. Gardner
Journal Articles
No abstract provided.
Did The Slaves Author The Thirteenth Amendment? An Essay In Redemptive History, Guyora Binder
Did The Slaves Author The Thirteenth Amendment? An Essay In Redemptive History, Guyora Binder
Journal Articles
American constitutional interpretation is deeply traditionalist, and privileges original intent. The difficulty with thus authorizing the past in interpreting the Thirteenth Amendment is that it purports to abolish custom and tradition as unjust. This essay argues that, given the Amendment’s denunciation of the polity that enacted it as illegitimate, its questionable formal pedigree, and the agency of the slaves in precipitating, defining, and resolving the crisis that enabled it, the slaves have a moral claim to status as its authors. It follows that the original intent guiding interpretation should be that of the slaves themselves.
American Constitutional Conventions: The Judicially Unenforceable Rules That Combine With Judicial Doctrine And Public Opinion To Regulate Political Behavior, James G. Wilson
Buffalo Law Review
No abstract provided.
People V. Bing: Did The New York Court Of Appeals Throw Baby Bartolomeo Out With His Bathwater ?, Charles J. Sullivan
People V. Bing: Did The New York Court Of Appeals Throw Baby Bartolomeo Out With His Bathwater ?, Charles J. Sullivan
Buffalo Law Review
No abstract provided.
Grassroots Voices: Local Action And National Military Policy, Stephanie A. Levin
Grassroots Voices: Local Action And National Military Policy, Stephanie A. Levin
Buffalo Law Review
No abstract provided.
The Right To A Clean And Safe Environment: A Case For A Constitutional Amendment Recognizing Public Rights In Common Resources, John A. Chiappinelli
The Right To A Clean And Safe Environment: A Case For A Constitutional Amendment Recognizing Public Rights In Common Resources, John A. Chiappinelli
Buffalo Law Review
No abstract provided.
The Failed Discourse Of State Constitutionalism, James A. Gardner
The Failed Discourse Of State Constitutionalism, James A. Gardner
Journal Articles
No abstract provided.
The Uses And Abuses Of Incumbency: People V. Ohrenstein And The Limits Of Inherent Legislative Power, James A. Gardner
The Uses And Abuses Of Incumbency: People V. Ohrenstein And The Limits Of Inherent Legislative Power, James A. Gardner
Journal Articles
No abstract provided.
Suny Buffalo & Military Recruiters: Funding Unconstitutional Conditions?, Christopher J. Kalil
Suny Buffalo & Military Recruiters: Funding Unconstitutional Conditions?, Christopher J. Kalil
Buffalo Law Review
No abstract provided.
Turmoil At The National Endowment For The Arts: Can Federally Funded Act Survive The "Mapplethorpe Controversy" ?, Maryellen Kresse
Turmoil At The National Endowment For The Arts: Can Federally Funded Act Survive The "Mapplethorpe Controversy" ?, Maryellen Kresse
Buffalo Law Review
No abstract provided.
Regulating Hate Speech At Public Universities: Are First Amendment Values Functionally Incompatible With Equal Protection Principles?, Alan E. Brownstein
Regulating Hate Speech At Public Universities: Are First Amendment Values Functionally Incompatible With Equal Protection Principles?, Alan E. Brownstein
Buffalo Law Review
No abstract provided.
The Positivist Foundations Of Originalism: An Account And Critique, James A. Gardner
The Positivist Foundations Of Originalism: An Account And Critique, James A. Gardner
Journal Articles
No abstract provided.
A Comparison Of U.S.-Canadian Excess Condemnation, Expropriation And Property Taking: A Valid Form Of Governmental Recoupment Of Added Value, Andrew Bechard
A Comparison Of U.S.-Canadian Excess Condemnation, Expropriation And Property Taking: A Valid Form Of Governmental Recoupment Of Added Value, Andrew Bechard
In the Public Interest
No abstract provided.
Mastery, Slavery, And Emancipation, Guyora Binder
Mastery, Slavery, And Emancipation, Guyora Binder
Journal Articles
Hegel's dialectic of master and slave in the Phenomenology of Mind portrays a master unable to win genuine recognition from a slave because unwilling to confer it. The dialectic implies that freedom has to be conceived as association based on mutual respect, rather than independence. This article offers a communitarian interpretation of emancipation inspired by Hegel's dialectic of master and slave. It proceeds from an account of slave society which, like Hegel's dialectic, equates slavery with the denial of social recognition. This account argues that the experience of slave society led both the masters and the slaves to conceive of …
Unwritten Law: The Ninth Amendment And Communal Rights, Sara Nichols
Unwritten Law: The Ninth Amendment And Communal Rights, Sara Nichols
In the Public Interest
No abstract provided.
Founding Father Knows Best: A Response To Tushnet, Peter Gabel
Founding Father Knows Best: A Response To Tushnet, Peter Gabel
Buffalo Law Review
No abstract provided.
The Exclusionary Rule: Not The "Expressed Juice Of The Woolly-Headed Thistle", Keith A. Fabi
The Exclusionary Rule: Not The "Expressed Juice Of The Woolly-Headed Thistle", Keith A. Fabi
Buffalo Law Review
No abstract provided.
Public Rights And The Federal Judicial Power: From Murray's Lessee Through Crowell To Schor, Gordon G. Young
Public Rights And The Federal Judicial Power: From Murray's Lessee Through Crowell To Schor, Gordon G. Young
Buffalo Law Review
No abstract provided.
Section 3142(E) Of The 1984 Bail Reform Act: Rebuttable Presumption Or Mandatory Detention?, Evan Shapiro
Section 3142(E) Of The 1984 Bail Reform Act: Rebuttable Presumption Or Mandatory Detention?, Evan Shapiro
Buffalo Law Review
No abstract provided.
Quest For Substance, Jeffrey M. Blum
Quest For Substance, Jeffrey M. Blum
Buffalo Law Review
Book review of Rogers M. Smith's Liberalism and American Constitutional Law
Tefra And The Origination Clause: Taking The Oath Seriously, Thomas L. Jipping
Tefra And The Origination Clause: Taking The Oath Seriously, Thomas L. Jipping
Buffalo Law Review
No abstract provided.
Published Consentless Sexual Portrayals: A Proposed Framework For Analysis, Ruth Colker
Published Consentless Sexual Portrayals: A Proposed Framework For Analysis, Ruth Colker
Buffalo Law Review
No abstract provided.
The Takings Clause: Principles Or Politics?, Leslie Bender
The Takings Clause: Principles Or Politics?, Leslie Bender
Buffalo Law Review
No abstract provided.
Regan V. Wald: Executive Authority And The Prohibition On Tourist And Business Travel To Cuba Through The Use Of Currency Controls, Brian G. Hart
Regan V. Wald: Executive Authority And The Prohibition On Tourist And Business Travel To Cuba Through The Use Of Currency Controls, Brian G. Hart
Buffalo Law Review
No abstract provided.
Pennhurst V. Halderman: The Eleventh Amendment, Erie And Pendent State Law Claims, Robert H. Smith
Pennhurst V. Halderman: The Eleventh Amendment, Erie And Pendent State Law Claims, Robert H. Smith
Buffalo Law Review
No abstract provided.
Schall V. Martin: Preventive Detention And Dangerousness Through The Looking Glass, Charles Patrick Ewing
Schall V. Martin: Preventive Detention And Dangerousness Through The Looking Glass, Charles Patrick Ewing
Buffalo Law Review
No abstract provided.
Defamation, Public Officialdom And The Rosenblatt V. Baer Criteria—A Proposal For Revivification: Two Decades After New York Times Co. V. Sullivan, David Elder
Buffalo Law Review
No abstract provided.
The Psychiatric Expert As Due Process Decisionmaker, Robert S. Berger
The Psychiatric Expert As Due Process Decisionmaker, Robert S. Berger
Buffalo Law Review
No abstract provided.
Mennonite Board Of Missions V. Adams: Insufficient Notice Under The New York In Rem Statutes, Richard M. Schaus
Mennonite Board Of Missions V. Adams: Insufficient Notice Under The New York In Rem Statutes, Richard M. Schaus
Buffalo Law Review
No abstract provided.