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Constitutional Law Commons™

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University at Buffalo School of Law

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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 Apr 1993

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 Jan 1993

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 Jan 1993

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 Oct 1992

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 Oct 1992

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 Apr 1992

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 Apr 1992

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 Feb 1992

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 Nov 1991

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 Oct 1991

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 Jan 1991

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 Jan 1991

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 Jan 1991

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 Apr 1989

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 Mar 1989

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 Apr 1988

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 Apr 1987

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 Oct 1986

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 Oct 1986

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 Apr 1986

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 Apr 1986

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 Apr 1986

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 Jan 1986

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 Oct 1985

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 Apr 1985

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 Jan 1985

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 Jan 1985

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 Oct 1984

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 Oct 1984

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 Apr 1984

Mennonite Board Of Missions V. Adams: Insufficient Notice Under The New York In Rem Statutes, Richard M. Schaus

Buffalo Law Review

No abstract provided.