Constitutional Law Commons^™

The Constitution Of 1787: A Meditation, Jonathan Van Patten

Faculty Publications

No abstract provided.

Closing The Circle Of Constitutional Review From Griswold V. Connecticut To Roe V. Wade: An Outline Of A Decision Merely Overruling Roe, William W. Van Alstyne

Faculty Publications

No abstract provided.

Dual Sovereignty, Federalism And National Criminal Law: Modernist Constitutional Doctrine And The Nonrole Of The Supreme Court, William W. Van Alstyne

Faculty Publications

No abstract provided.

A Law Student’S Responsibility For A Liberal Education, Thomas E. Baker

Faculty Publications

No abstract provided.

Emotional Distress And The First Amendment: An Analysis Of Hustler V. Falwell, Rodney A. Smolla

Faculty Publications

No abstract provided.

U.S. Supreme Court: The 1987-88 Term (Part I), Paul C. Giannelli

Faculty Publications

No abstract provided.

U.S. Supreme Court: The 1987-88 Term (Part Ii), Paul C. Giannelli

Faculty Publications

No abstract provided.

A Radical Intent, Michael A. Simons

Faculty Publications

(Excerpt)

Much of the recent debate regarding constitutional interpretation has focused on the relevance of the Framers' intent. Attorney General Edwin Meese III has urged judges to "resurrect the original meaning of constitutional provisions." In contrast, Justice William Brennan has argued that courts should adapt the Constitution to "cope with current problems and current needs." A key disagreement involves whether the Bill of Rights protects citizens against state as well as federal government abuses. Some scholars have called for a rollback of Supreme Court decisions that incorporate provisions of the Bill of Rights in the fourteenth amendment, arguing that these …

Student Speech—Free Press In High Schools, Michael A. Simons

Faculty Publications

(Excerpt)

Public educators in the United States are expected to pass on to their students—to inculcate in them—the shared values of their community. This communication of values is essential to the continued vitality of American culture and to the social, moral, and political education of students. Yet inculcation of community values cannot be allowed to trample students' individual liberties; public educators must strike a delicate balance between the state's educational interests and the students' rights to self-expression. Although the striking of this balance should initially be left to local educators, when value inculcation impermissibly interferes with students' constitutional rights, courts …

Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins

Faculty Publications

No abstract provided.

The Constitution Between Friends, Neal Devins

Faculty Publications

No abstract provided.

Propaganda, Xenophobia, And The First Amendment, Rodney A. Smolla, Stephen A. Smith

Faculty Publications

No abstract provided.

The President's Powers As Commander-In-Chief Versus Congress' War Power And Appropriations Power, Charles W. Bennett, Arthur B. Culvahouse, Geoffrey P. Miller, William Bradford Reynolds, William W. Van Alstyne

Faculty Publications

This joint work explores a variety of viewpoints all centered around the War Powers Resolution and its application to the situation in the Persian Gulf.

The Press Clause Constructed In Context: The Journalists' Right Of Access To Places, Tom A. Collins

Faculty Publications

No abstract provided.

Commentary On Law: Wallowing In Intention, Gene R. Nichol

Faculty Publications

No abstract provided.

What Is “An Establishment Of Religion?", William W. Van Alstyne

Faculty Publications

No abstract provided.

U.S. Supreme Court: The 1986-87 Term (Part Ii), Paul C. Giannelli

Faculty Publications

No abstract provided.

U.S. Supreme Court: The 1986-87 Term (Part I), Paul C. Giannelli

Faculty Publications

No abstract provided.

Securing Justice: A Response To William Bradford Reynolds, Michael A. Middleton

Faculty Publications

I doubt that William Bradford Reynolds would disagree that the self evident truths the Framers of the Declaration of Independence spoke about are as applicable today in the 1980's as they were over 200 years ago. I also doubt that Mr. Reynolds would disagree that despite the fact that black people were not considered human beings when the Constitution was framed, the fourteenth amendment to that great document was intended to bring them within the ambit of its protections. On these two basic propositions, I suspect, Mr. Reynolds and I would agree. Beyond that however, Mr. Reynolds advances a fundamentally …

Standing In The Need Of Prayer? The Supreme Court On James Madison And Religious Liberty, Jonathan Van Patten

Faculty Publications

No abstract provided.

Reforming The Tort Defamation: An Accomodation Of The Competing Interests Within The Current Constitutional Framework, Paul A. Lebel

Faculty Publications

No abstract provided.

Notes On A Bicentennial Constitution: Part Ii, Antinomial Choices And The Role Of The Supreme Court, William W. Van Alstyne

Faculty Publications

Continuing the examination of judicial review conducted around the Constitution’s bicentennial, this article lays bare the inconsistencies in the expected tasks of the Supreme Court. Where some roles of the Court have traditionally been treated as indivisible, examining those same roles separate from one another produces an incoherent view of the Court that is difficult to compromise.

Scholarly Reflections On The Court And The Constitution, Michael Ashley Stein

Faculty Publications

No abstract provided.

Has The First Amendment Arrived For Broadcasting?, Tom A. Collins

Faculty Publications

No abstract provided.

Associations' Freedom V. Freedom Of Association: Another Look At All-Male Clubs, Neal Devins

Faculty Publications

No abstract provided.

Federalism, Congress, The States And The Tenth Amendment: Adrift In The Cellophane Sea, William W. Van Alstyne

Faculty Publications

Like Gaul, this essay is divided into three parts. The first two parts are adapted from a public address delivered at the Association of the Bar of the City of New York, as part of its Bicentennial series, in 1987. The third part was added later, originally as an Addendum Note. The general subject was introduced by the moderator, Mr. Robert MacCrate, President of the Amerian Bar Association, who put the following question: "Where does the federalism of the Constitution stand today?" Professor Martha Field of the Harvard Law School presented a paper in first response. This paper then followed, …

The Idea Of The Constitution As Hard Law, William W. Van Alstyne

Faculty Publications

No abstract provided.

Averting Government By Consent Decree: Constitutional Limits On The Enforcement Of Settlements With The Federal Government, Jeremy A. Rabkin, Neal Devins

Faculty Publications

No abstract provided.

Establishing A Deprivation Of A Constitutional Right To Personal Security Under Section 1983: The Use Of Unjustified Force By State Officials In Violation Of The Fourth, Eighth, And Fourteenth Amendments, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

A Reply To Gonzalez, Interpreting This Constitution: Another Response To Professor Van Alstyne, William W. Van Alstyne

Faculty Publications

No abstract provided.