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Articles 361 - 390 of 573
Full-Text Articles in Constitutional Law
Conquering The Cultural Frontier: The New Subjectivism Of The Supreme Court In Indian Law, David H. Getches
Conquering The Cultural Frontier: The New Subjectivism Of The Supreme Court In Indian Law, David H. Getches
Publications
For a century and a half, the Supreme Court was faithful to a set of foundation principles respecting Indian tribal sovereignty. Though the United States can abrogate tribal powers and rights, it can only do so by legislation. Accordingly, the Court has protected reservations as enclaves for Indian self-government, preventing states from enforcing their laws and taxes, and holding that even federal laws could not be applied to Indians without congressional permission. Recently, however, the Court has assumed the job it formerly conceded to Congress, considering and weighing cases to reach results comporting with the Justices' subjective notions of what …
Punishment And Procedure: A Different View Of The American Criminal Justice System, William T. Pizzi
Punishment And Procedure: A Different View Of The American Criminal Justice System, William T. Pizzi
Publications
No abstract provided.
Rationalizing The Constitution, Steven D. Smith
Rationalizing The Constitution, Steven D. Smith
University of Colorado Law Review
No abstract provided.
California’S Proposition 187--Does It Mean What It Says? Does It Say What It Means? A Textual And Constitutional Analysis, Lolita K. Buckner Inniss
California’S Proposition 187--Does It Mean What It Says? Does It Say What It Means? A Textual And Constitutional Analysis, Lolita K. Buckner Inniss
Publications
No abstract provided.
Introduction, Harold H. Bruff
Introduction, Harold H. Bruff
Publications
As citizens, we ought to ensure that our criticisms of Congress are constructive, lest we damage ourselves. In that spirit, the American Bar Association's Section of Administrative Law and Regulatory Practice created a special Congressional Process Committee to study selected aspects of congressional procedures and to recommend appropriate reforms. The Committee, which I chair, is composed of administrative lawyers who are experienced in legislative practice, or who have worked in Congress. We decided to address selected aspects of congressional structure and procedure for which we believe administrative lawyers possess relevant expertise.
The articles that form this Symposium grew out of …
The Future Of Federalism, Robert F. Nagel
Progress And Constitutionalism, Robert F. Nagel
The Term Limits Dissent: What Nerve, Robert F. Nagel
The Term Limits Dissent: What Nerve, Robert F. Nagel
Publications
No abstract provided.
This Could Be Your Culture--Junk Speech In A Time Of Decadence, Pierre Schlag
This Could Be Your Culture--Junk Speech In A Time Of Decadence, Pierre Schlag
Publications
No abstract provided.
Hiding The Ball, Pierre Schlag
Initiative Petition Reforms And The First Amendment, Emily Calhoun
Initiative Petition Reforms And The First Amendment, Emily Calhoun
Publications
No abstract provided.
The Last Centrifugal Force, Robert F. Nagel
Forty Years In The Desert, Paul F. Campos
Forty Years In The Desert, Paul F. Campos
Publications
The author uses Brown v. Board of Education and the volumes of commentary it has provoked to illustrate that coherent constitutional interpretation is a useless exercise. He argues that the decision should be accepted as political reality and moral necessity and that we should cease debating its merit as constitutional interpretation.
That The Laws Shall Bind Equally On All: Congressional And Executive Roles In Applying Laws To Congress, Harold H. Bruff
That The Laws Shall Bind Equally On All: Congressional And Executive Roles In Applying Laws To Congress, Harold H. Bruff
Publications
No abstract provided.
Structuring The Ballot Initiative: Procedures That Do And Don't Work, Richard B. Collins, Dale Oesterle
Structuring The Ballot Initiative: Procedures That Do And Don't Work, Richard B. Collins, Dale Oesterle
Publications
No abstract provided.
A Comment On "Constitutional Rights As Public Goods", Robert F. Nagel
A Comment On "Constitutional Rights As Public Goods", Robert F. Nagel
Publications
Discussion of T. W. Merrill, Dolan v. City of Tigard: Constitutional Rights as Public Goods, 72 Denv. U. L. Rev. 859 (1995).
Affirmative Action As A Women's Issue, Helen Norton
Affirmative Action As A Women's Issue, Helen Norton
Publications
No abstract provided.
A Holistic Approach To Criminal Justice Scholarship, William T. Pizzi
A Holistic Approach To Criminal Justice Scholarship, William T. Pizzi
Publications
No abstract provided.
What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser
What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser
Publications
No abstract provided.
An American Perspective On Environmental Impact Assessment In Australia, Mark Squillace
An American Perspective On Environmental Impact Assessment In Australia, Mark Squillace
Publications
No abstract provided.
Regulation Of Water Use And Takings: A Growing Battlefield, Barton H. Thompson, Jr.
Regulation Of Water Use And Takings: A Growing Battlefield, Barton H. Thompson, Jr.
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
43 pages.
Contains references.
Management Approaches To Addressing Takings Issues: Endangered Species Protection, I. Michael Heyman
Management Approaches To Addressing Takings Issues: Endangered Species Protection, I. Michael Heyman
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
15 pages.
Contains footnotes.
Regulation Of Water Use And Takings—The Government Lawyer’S Perspective, Richard M. Frank
Regulation Of Water Use And Takings—The Government Lawyer’S Perspective, Richard M. Frank
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
11 pages.
Contains 3 pages of references.
Private Property Rights Protection Legislation Across The Nation, Nancie G. Marzulla
Private Property Rights Protection Legislation Across The Nation, Nancie G. Marzulla
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
25 pages (includes 1 map).
Contains footnotes.
Takings And Water Rights [Includes Unsigned Annotations By David Getches], David H. Getches
Takings And Water Rights [Includes Unsigned Annotations By David Getches], David H. Getches
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
13 pages (includes 1 illustration).
Includes unsigned annotations by David Getches.
Regulatory Takings And Resources: What Are The Constitutional Limits?, John D. Echeverria
Regulatory Takings And Resources: What Are The Constitutional Limits?, John D. Echeverria
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
25 pages.
Searching For Basinwide Solutions To Endangered Species Problems Of The South Platte Of Colorado, James S. Lochhead
Searching For Basinwide Solutions To Endangered Species Problems Of The South Platte Of Colorado, James S. Lochhead
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
42 pages (includes illustrations and map).
Contains endnotes.
Regulatory Taking Of Public Water And Land Resource Development Rights After Lucas, Jerome C. Muys
Regulatory Taking Of Public Water And Land Resource Development Rights After Lucas, Jerome C. Muys
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
7 pages.
“Takings” And The Endangered Species Act, Oliver A. Houck
“Takings” And The Endangered Species Act, Oliver A. Houck
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
3 pages.
Mining Regulation And Takings, Mark Squillace
Mining Regulation And Takings, Mark Squillace
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
10 pages.
Contains footnotes.