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Articles 751 - 780 of 851
Full-Text Articles in Constitutional Law
Edward Keyes' Undeclared War: Twilight Zone Of Constitutional Power, W. Taylor Reveley Iii
Edward Keyes' Undeclared War: Twilight Zone Of Constitutional Power, W. Taylor Reveley Iii
Faculty Publications
No abstract provided.
Retroactivity: A Study In Supreme Court Doctrine As Applied, John Bernard Corr
Retroactivity: A Study In Supreme Court Doctrine As Applied, John Bernard Corr
Faculty Publications
The judicial creation of a new rule of law raises the essential question whether that rule is to be applied retroactively orprospectively only. The consistency of the traditionalm andatoryr etroactivityr ule has given way to a more flexible retroactivity ana sis. The change occurred in 1965 when the Supreme Court in Linkletter v. Walker squarelfaced a rule that, if applied retroactively, would have affected thousands of criminal convictions. The Linkletter doctrine has since defined the contours of federal retroactivity ana sis to include three basic considerations: purpose of the rule in question, reliance by theparties on the rule, and effect …
Integration And Local Politics, Neal Devins
Integration And Local Politics, Neal Devins
Faculty Publications
No abstract provided.
Constitutional Criminal Procedure, Thomas E. Baker
Constitutional Criminal Procedure, Thomas E. Baker
Faculty Publications
No abstract provided.
The Dimensions Of Seizure: The Concepts Of "Stop" And "Arrest", Richard A. Williamson
The Dimensions Of Seizure: The Concepts Of "Stop" And "Arrest", Richard A. Williamson
Faculty Publications
No abstract provided.
The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus
The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus
Faculty Publications
No abstract provided.
Constitutional Criminal Procedure, Thomas E. Baker
Constitutional Criminal Procedure, Thomas E. Baker
Faculty Publications
This article discusses decisions of the new Eleventh Circuit and also decisions of the former Fifth Circuit, some of which are binding precedents for the new court. By way of introduction, the title Constitutional Criminal Procedure deserves amplification. Related criminal law topics not within the scope of this article include the following: the substantive law of crimes; non constitutional aspects of the Federal Rules of Evidence; non constitutional aspects of the Federal Rules of Criminal Procedure; procedural aspects of habeas corpus; sentencing; prisoners' rights; and civil rights suits alleging constitutional deprivations.
Constitutional Limitations On Obtaining Evidence For Scientific Analysis, Paul C. Giannelli
Constitutional Limitations On Obtaining Evidence For Scientific Analysis, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Right Of Confrontation: Part I, Paul C. Giannelli
The Right Of Confrontation: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Right Of Confrontation: Part Ii, Paul C. Giannelli
The Right Of Confrontation: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Right To Defense Experts, Paul C. Giannelli
The Right To Defense Experts, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Faretta Principle: Self Representation Versus The Right To Counsel, Paul Marcus
The Faretta Principle: Self Representation Versus The Right To Counsel, Paul Marcus
Faculty Publications
The United States Constitution makes provision for criminal defendants to be represented by counsel. In the federal jurisdiction this principle was vigorously applied, even to indigent persons, very early in the Twentieth Century. The United States Supreme Court, however, was reluctant to impose this requirement on the states except in cases of unusual circumstances where the absence of counsel would have affected the basic fairness of the trial. Finally, in a landmark decision by the Supreme Court, it was held that the right to counsel applies in both federal and state cases. For the past twenty years, federal and state …
Standing After Havens Realty: A Critique And An Alternative Framework For Analysis, Paul A. Lebel
Standing After Havens Realty: A Critique And An Alternative Framework For Analysis, Paul A. Lebel
Faculty Publications
No abstract provided.
A Constitutional Analysis Of The Delaware Director-Consent-To-Service Statute, Susan Grover
A Constitutional Analysis Of The Delaware Director-Consent-To-Service Statute, Susan Grover
Faculty Publications
No abstract provided.
A Graphic Review Of The Free Speech Clause, William W. Van Alstyne
A Graphic Review Of The Free Speech Clause, William W. Van Alstyne
Faculty Publications
No abstract provided.
An Essay On Constitutional Language, Frederick Schauer
An Essay On Constitutional Language, Frederick Schauer
Faculty Publications
No abstract provided.
Codifying The First Amendment: New York V. Ferber, Frederick Schauer
Codifying The First Amendment: New York V. Ferber, Frederick Schauer
Faculty Publications
No abstract provided.
Constitutional Law, Thomas E. Baker
Constitutional Law, Thomas E. Baker
Faculty Publications
This 1981 article discusses principles of federal constitutional law. Professor Baker notes that the constitutional decisions of the courts of appeals will continue to increase in number and importance as the burgeoning federal caseload grows. Professor Baker analyzes how the Fifth Circuit dealt with constitutional principles in the year preceding the article. The article commences with a discussion of cases dealing with justiciability issues. The justiciability issues discussed include standing, mootness, advisory opinions, political questions, ripeness, and Eleventh Amendment issues. Next, Professor Baker discusses cases construing the Commerce Clause. Next, the article discusses cases dealing with due process issues, both …
Slouching Toward Bethlehem With The Ninth Amendment, William W. Van Alstyne
Slouching Toward Bethlehem With The Ninth Amendment, William W. Van Alstyne
Faculty Publications
This review discusses Charles Black’s work “Decision According to Law”, which examines the tendency and the means used by activist judges to provide fair decisions through the use of more flexible principles of Constitutional law. While Black’s writing style is both informative and powerful, his original thesis regarding the Ninth Amendment acting as Congressional endorsement of the courts’ activist role is uncompelling and poorly supported.
Categories And The First Amendment: A Play In Three Acts, Frederick Schauer
Categories And The First Amendment: A Play In Three Acts, Frederick Schauer
Faculty Publications
No abstract provided.
The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne
The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne
Faculty Publications
Responding to the trend of media rights being subjugated through the legal process, this article examines Justice Stewart's suggestion that the media should be treated with extra deference in First Amendment cases. This examination looks at the sufficiency of the press's claim of judicial harshness, whether the press should be treated differently than other speakers, and also compares press freedom in foreign nations.
The Recrudescence Of Property Rights As The Foremost Principle Of Civil Liberties: The First Decade Of The Burger Court, William W. Van Alstyne
The Recrudescence Of Property Rights As The Foremost Principle Of Civil Liberties: The First Decade Of The Burger Court, William W. Van Alstyne
Faculty Publications
No abstract provided.
Constitutional Limits On State Regulatory And Protectionist Policies, Peter M. Gerhart
Constitutional Limits On State Regulatory And Protectionist Policies, Peter M. Gerhart
Faculty Publications
My theme throughout is this: Although the Supreme Court's sometimes timid review of state regulatory legislation may be explained by its continued allergic reaction to economic due process review, that timidity is often unwarranted because the Constitution does embody several principles that protect the free market from some forms of state intervention.
Compensatory Contempt To Collect Money, Doug R. Rendleman
Compensatory Contempt To Collect Money, Doug R. Rendleman
Faculty Publications
No abstract provided.
The Burger Court, 1969-1979: Continuity And Contras, William F. Swindler
The Burger Court, 1969-1979: Continuity And Contras, William F. Swindler
Faculty Publications
No abstract provided.
Fourth Amendment Standing And Expectations Of Privacy: Rakas V. Illinois And New Directions For Some Old Concepts, Richard A. Williamson
Fourth Amendment Standing And Expectations Of Privacy: Rakas V. Illinois And New Directions For Some Old Concepts, Richard A. Williamson
Faculty Publications
No abstract provided.
Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne
Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne
Faculty Publications
No abstract provided.
Response: Pornography And The First Amendment, Frederick Schauer
Response: Pornography And The First Amendment, Frederick Schauer
Faculty Publications
No abstract provided.
The United States Supreme Court: The 1978-79 Term, Paul C. Giannelli
The United States Supreme Court: The 1978-79 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
State Medical Malpractice Screening Panels In Federal Diversity Actions, Vincent C. Alexander
State Medical Malpractice Screening Panels In Federal Diversity Actions, Vincent C. Alexander
Faculty Publications
During the early 1970's, a medical malpractice crisis was perceived in the United States. An increasing number of costly and time-consuming lawsuits alleging medical malpractice against doctors, hospitals, and other health care providers caused malpractice insurers to raise premiums substantially, which in turn threatened to curtail the availability of adequate health care at reasonable cost. State legislatures responded to the crisis with a variety of substantive and procedural measures intended to reduce the number of litigated claims and the size of jury awards. One of the principal steps taken in a majority of states was the creation of extrajudicial panels …