Constitutional Law Commons^™

A Symbolic Balanced Budget Amendment, Neal Devins

Faculty Publications

No abstract provided.

United States Supreme Court: 1990-91 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.

United States Supreme Court: 1991-92 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.

Intrusion And The Investigative Reporter, Lyrissa Lidsky

Faculty Publications

Although sometimes reviled as muckrakers, investigative reporters play a valuable role in exposing societal ills and advancing reform. The success of investigative journalism is due, at least in part, to its use of novel newsgathering techniques. Yet some of these same techniques pose a threat to individual privacy. Current tort doctrine strikes an unsatisfactory balance between these competing interests. The qualified common-law privilege advocated by this Note, in contrast, would protect those newsgathering activities that promote the public welfare. Equally significantly, by sending a clear message to editors, media lawyers, and reporters about the scope of protected newsgathering activity, it …

Free Speech And School Governance In The Wake Of Hazelwood, Rosemary C. Salomone

Faculty Publications

(Excerpt)

The Supreme Court's 1988 decision in Hazelwood School District v. KuhImeier upholding public school officials' authority to censor material in a high school student newspaper sent immediate shock waves throughout the educational and legal communities. The Court's sweeping language in Hazelwood moved far beyond the narrow issue of school newspaper censorship. It even moved beyond the question of appropriate or acceptable speech in public secondary schools. It was clear that Hazelwood could have far-reaching consequences for student rights, school governance, and the scope of official authority to make curricular decisions that reflect the values of the local community.

Some …

Foreword: O Canada, William W. Van Alstyne

Faculty Publications

This forward, written ten years after the adoption of the Constitution of Canada, draws sharp comparisons between Canada’s constitution and the United States’ original governing document, the Articles of Confederation.

Divided Justice: A Commentary On The Nomination And Confirmation Of Justice Thomas, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Fundamentalist Christian Educators V. State: An Inevitable Compromise, Neal Devins

Faculty Publications

No abstract provided.

Correspondence: The Stuff Of Constitutional Law, Neal Devins

Faculty Publications

No abstract provided.

A Proposal To Resolve Interbranch Disputes On The Practice Field, Paul R. Verkuil

Faculty Publications

No abstract provided.

Congress, The President, And The Separation Of Powers: Rethinking The Value Of Litigation, Jonathan L. Entin

Faculty Publications

No abstract provided.

Not Another Constitutional Law Course: A Proposal To Teach A Course On The Constitution, Thomas E. Baker

Faculty Publications

Professors Baker and Viator discuss the shortcomings of the current law school constitutional law curriculum. They lament the emphasis on current Supreme Court cases to the almost complete exclusion of the actual text of the Constitution and writings of the intellectual and philosophical history from which it sprang. The professors then lay out a syllabus for their proposed three credit constitutional law class.

Red, White And Blue: An All-American Critique Of Judicial Review, David Day

Faculty Publications

No abstract provided.

The Rehnquist Court And The Dormant Commerce Clause: The Potential Unsettling Of The "Well-Settled Principles", David Day

Faculty Publications

No abstract provided.

From Widmar To Mergens: The Winding Road Of First Amendment Analysis, Rosemary C. Salomone

Faculty Publications

(Excerpt)

In 1981, the Supreme Court decided Widmar v. Vincent, holding that a state university that created a "limited open forum" by opening its facilities to student organizations must grant equal access to religiously affiliated groups. The university's failure to do so constituted content-based discrimination that violated the First Amendment to the United States Constitution. The Court rejected the university's argument that its policy to disallow religious meetings on campus was implemented to avoid contravening establishment clause principles. The Court's opinion was inconclusive as to whether the Widmar rationale would apply to secondary schools.

During the same period, Congress …

Ronald V. Dellums V. George Bush (D.D.C. 1990): Memorandum Amicus Curiae Of Law Professors, Bruce A. Ackerman, Abram Chayes, Lori Fisler Damrosch, John Hart Ely, Erwin N. Griswold, Gerald Gunther, Louis Henkin, Harold Hongju Koh, Philip B. Kurland, Laurence H. Tribe, William W. Van Alstyne

Faculty Publications

This joint memorandum is submitted to the court hearing Dellums v. Bush. This amicus brief advocates that the President may not order American armed forces to make war without consultation with and approval by Congress. The brief also argues that the case is justiciable.

The Role Of Precedent In Constitutional Decisionmaking And Theory, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Limiting Disclosure Of Rape Victims' Identities, Paul Marcus, Tara L. Mcmahon

Faculty Publications

No abstract provided.

Freedom Of Speech And The Flag Anti-Desecration Amendment: Antinomies Of Constitutional Choice, William W. Van Alstyne

Faculty Publications

No abstract provided.

The Constitutionality Of High-Speed Pursuits Under The Fourth And Fourteenth Amendments, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla

Faculty Publications

No abstract provided.

Emergency In The Constitutional Law Of The United States, William B. Fisch

Faculty Publications

In the following report I shall concentrate on the law as pronounced by the United States Supreme Court, which has, within the sphere of judicial competence, the last say on the interpretation of the Constitution. The volume of significant litigation on the subject which stops below the Supreme Court has been relatively light, and the constitutional law declared by the lower courts has played a less significant role than is the case in many other issues. Indeed, as we shall see, the Supreme Court itself has had less to say on the topic than might be hoped for. I shall …

Separation Of Powers, The Political Branches, And The Limits Of Judicial Review, Jonathan L. Entin

Faculty Publications

No abstract provided.

After We're Gone: A Commentary, Michael A. Middleton

Faculty Publications

Professor Bell has placed before us a basic question that must be dealt with by all who wish to resolve the difficulties inherent in governing a free society. That question is one with which the framers of our Constitution grappled and that baffles us still. How does a society effectively govern itself and at the same time guarantee equal liberty for all? More specifically, in the racial context presented by The Chronicle of the Space Traders, when may government act for the benefit of society in a manner that is detrimental to some of its citizens because of their race?

Book Review Essay: Justice Rehnquist And His Constitution, David Day

Faculty Publications

No abstract provided.

Rethinking First Amendment Assumptions About Racist And Sexist Speech, Rodney A. Smolla

Faculty Publications

No abstract provided.

The Due Process Defense In Entrapment Cases, The Journey Back, Paul Marcus

Faculty Publications

No abstract provided.

Toward An Expanded View Of The Due Process Claim In Entrapment Cases, Paul Marcus

Faculty Publications

No abstract provided.

Problematic Standards Of Reasonableness: Qualified Immunity In Section 1983 Actions For A Police Officer's Use Of Excessive Force, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

U.S. Supreme Court: The 1988-1989 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.