Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Faculty Publications

Discipline
Institution
Keyword
Publication Year

Articles 721 - 750 of 851

Full-Text Articles in Constitutional Law

The Good, The Bad, And The Press, Paul A. Lebel Dec 1986

The Good, The Bad, And The Press, Paul A. Lebel

Faculty Publications

No abstract provided.


Criminal Law, Richard A. Williamson Jul 1986

Criminal Law, Richard A. Williamson

Faculty Publications

No abstract provided.


The Law Of Confessions: Part Ii, Paul C. Giannelli Jan 1986

The Law Of Confessions: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.


Judicial Independence And The Rule Of Law, Jonathan Van Patten Jan 1986

Judicial Independence And The Rule Of Law, Jonathan Van Patten

Faculty Publications

No abstract provided.


Teaching Constitutional Law: Role-Playing The Supreme Court, David Day Jan 1986

Teaching Constitutional Law: Role-Playing The Supreme Court, David Day

Faculty Publications

No abstract provided.


The Law Of Confessions: Part I, Paul C. Giannelli Jan 1986

The Law Of Confessions: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.


Injury And The Disintegration Of Article Iii, Gene R. Nichol Jan 1986

Injury And The Disintegration Of Article Iii, Gene R. Nichol

Faculty Publications

No abstract provided.


The Status Of Independent Agencies After Bowsher V. Synar, Paul R. Verkuil Jan 1986

The Status Of Independent Agencies After Bowsher V. Synar, Paul R. Verkuil

Faculty Publications

No abstract provided.


How Successfully Can The States' Item Veto Be Transferred To The President?, Louis Fisher, Neal Devins Jan 1986

How Successfully Can The States' Item Veto Be Transferred To The President?, Louis Fisher, Neal Devins

Faculty Publications

No abstract provided.


Constitutional Rights Without Remedies: Judicial Review Of Underinclusive Legislation, Bruce K. Miller, Neal Devins Jan 1986

Constitutional Rights Without Remedies: Judicial Review Of Underinclusive Legislation, Bruce K. Miller, Neal Devins

Faculty Publications

No abstract provided.


Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne Jan 1986

Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne

Faculty Publications

No abstract provided.


Book Review Of The Second American Revolution, Neal Devins Apr 1985

Book Review Of The Second American Revolution, Neal Devins

Faculty Publications

No abstract provided.


The Second Death Of Federalism, William W. Van Alstyne Jan 1985

The Second Death Of Federalism, William W. Van Alstyne

Faculty Publications

In 1976, in National League of Cities v. Usery, the Supreme Court distinguished acts of Congress regulating commercial relations from acts of Congress commanding the terms of state services. Last Term, in Garcia v. San Antonio Metropolitan Transit Authority, the Court abandoned the distinction and held that it was principally for Congress to determine federalism questions. In this Comment, Professor Van Alstyne criticizes the Court on both counts.


Children Of Distant Fathers: Sketching An Ethos Of Constitutional Liberty, Gene R. Nichol Jan 1985

Children Of Distant Fathers: Sketching An Ethos Of Constitutional Liberty, Gene R. Nichol

Faculty Publications

In this article, Professor Gene R. Nichol argues for a constitutional right to self-governance that legitimizes the court's inquiry into the nature of fundamental personal rights. He locates this right in the ninth amendment, which affords protection to unlisted liberties. The clearest statement of the American commitment to selfgovernance, he argues, is found in Thomas Jefferson's Declaration of Independence, and in the philosophy of Jeffersonian individualism. Drawing on the writing of Jefferson and Lincoln, Professor Nichol asserts that our society has committed itself to "the progressive unfolding of individual sovereignty." Critics of the United States Supreme Court's decisions that give …


Notes On A Bicentennial Constitution, Part I: Processes Of Change, William W. Van Alstyne Oct 1984

Notes On A Bicentennial Constitution, Part I: Processes Of Change, William W. Van Alstyne

Faculty Publications

With the approach of the Bill of Rights bicentennial, this paper takes the cause for celebration as an equally important occasion for critique. This work argues that the most distinguishing aspects of our Constitution are not the Bill of Rights, federalism, and separation of powers, but rather the availability of judicial review, the political insulation of federal judges, and the limited mechanisms available for constitutional change.


The Parameters Of Constitutional Reconstruction: Slaughter-House, Cruikshank, And The Fourteenth Amendment, Robert C. Palmer Jul 1984

The Parameters Of Constitutional Reconstruction: Slaughter-House, Cruikshank, And The Fourteenth Amendment, Robert C. Palmer

Faculty Publications

No abstract provided.


U.S. Supreme Court: The 1983-84 Term, Paul C. Giannelli Jan 1984

U.S. Supreme Court: The 1983-84 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.


What Standards Apply When Freedoms Collide?, Neal Devins Jan 1984

What Standards Apply When Freedoms Collide?, Neal Devins

Faculty Publications

No abstract provided.


Are Residential Quotas Constitutional?, Neal Devins Jan 1984

Are Residential Quotas Constitutional?, Neal Devins

Faculty Publications

No abstract provided.


Minimum Standards Of Constitutional Justice: Federal Floor And State Ceiling, William F. Swindler Jan 1984

Minimum Standards Of Constitutional Justice: Federal Floor And State Ceiling, William F. Swindler

Faculty Publications

No abstract provided.


Trends In The Supreme Court: Mr. Jefferson’S Crumbling Wall - A Comment On Lynch V. Donnelly, William W. Van Alstyne Jan 1984

Trends In The Supreme Court: Mr. Jefferson’S Crumbling Wall - A Comment On Lynch V. Donnelly, William W. Van Alstyne

Faculty Publications

No abstract provided.


The Fate Of Constitutional Ipse Dixits, William W. Van Alstyne Dec 1983

The Fate Of Constitutional Ipse Dixits, William W. Van Alstyne

Faculty Publications

No abstract provided.


The Reporter's Privilege: An Analysis Of The Common Law, Branzberg V. Hayes , And Recent Statutory Developments, Paul Marcus Oct 1983

The Reporter's Privilege: An Analysis Of The Common Law, Branzberg V. Hayes , And Recent Statutory Developments, Paul Marcus

Faculty Publications

No abstract provided.


Refining The Lawmaking Function Of The Supreme Court, Frederick Schauer Oct 1983

Refining The Lawmaking Function Of The Supreme Court, Frederick Schauer

Faculty Publications

No abstract provided.


Interpreting This Constitution: The Unhelpful Contributions Of Special Theories Of Judicial Review, William W. Van Alstyne Apr 1983

Interpreting This Constitution: The Unhelpful Contributions Of Special Theories Of Judicial Review, William W. Van Alstyne

Faculty Publications

This paper examines several different theories surrounding judicial review and finds many of these theories lacking. Modern trends of literal interpretations and precise language have removed the optimistic nature of Constitutional language and is largely responsible for the hesitancy of other nations to adopt a supreme constitution.


“Taking” A Constitutional Look At The State Bar Of Texas Proposal To Collect Interest On Attorney-Client Trust Accounts, Thomas E. Baker, Robert E. Wood Jr. Jan 1983

“Taking” A Constitutional Look At The State Bar Of Texas Proposal To Collect Interest On Attorney-Client Trust Accounts, Thomas E. Baker, Robert E. Wood Jr.

Faculty Publications

No abstract provided.


U.S. Supreme Court: 1982-83 Term: Part I, Paul C. Giannelli Jan 1983

U.S. Supreme Court: 1982-83 Term: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.


Must Speech Be Special?, Frederick Schauer Jan 1983

Must Speech Be Special?, Frederick Schauer

Faculty Publications

No abstract provided.


U.S. States Supreme Court: 1982-83 Term: Partii, Paul C. Giannelli Jan 1983

U.S. States Supreme Court: 1982-83 Term: Partii, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla Jan 1983

The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla

Faculty Publications

No abstract provided.