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Constitutional Law Commons™

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Faculty Publications

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Institution
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Articles 781 - 810 of 851

Full-Text Articles in Constitutional Law

The Limited Constitutional Convention—The Recurring Answer, William W. Van Alstyne Jan 1979

The Limited Constitutional Convention—The Recurring Answer, William W. Van Alstyne

Faculty Publications

No abstract provided.


Private Speech And The Private Forum: Givhan V. Western Line School District, Frederick Schauer Jan 1979

Private Speech And The Private Forum: Givhan V. Western Line School District, Frederick Schauer

Faculty Publications

No abstract provided.


Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug R. Rendleman Jan 1979

Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug R. Rendleman

Faculty Publications

No abstract provided.


The Proposed Twenty-Seventh Amendment: A Brief, Supportive Comment, William W. Van Alstyne Jan 1979

The Proposed Twenty-Seventh Amendment: A Brief, Supportive Comment, William W. Van Alstyne

Faculty Publications

No abstract provided.


Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer Jan 1979

Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer

Faculty Publications

Commentators have criticized the Supreme Court's use of the "two-level" theory of speech to place obscenity beyond the pale of the first amendment. They charge the Court with shirking the task of balancing first amendment values and the states' interests in regulating obscene material. Professor Schauer meets this criticism by examining the meaning of the word "speech" in the context of the purposes of the first amendment and the Constitution as a whole. He concludes that "speech"does not include a category.of obscenity'that performs the function of a surrogate sexual act and is lacking in communicative content. The Court's treatment of …


The Ohio Bill Of Rights, Paul C. Giannelli Jan 1978

The Ohio Bill Of Rights, Paul C. Giannelli

Faculty Publications

No abstract provided.


Termination Of Parental Rights And The Void For Vagueness Doctrine: A Successful Attack On The Parens Patriae Rationale, David Day Jan 1978

Termination Of Parental Rights And The Void For Vagueness Doctrine: A Successful Attack On The Parens Patriae Rationale, David Day

Faculty Publications

No abstract provided.


The Mobius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne Jan 1978

The Mobius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne

Faculty Publications

No abstract provided.


The Supreme Court, Warrantless Searches, And Exigent Circumstances, Richard A. Williamson Jan 1978

The Supreme Court, Warrantless Searches, And Exigent Circumstances, Richard A. Williamson

Faculty Publications

No abstract provided.


Does Article V Restrict The States To Calling Unlimited Conventions Only? - A Letter To A Colleague, William W. Van Alstyne Jan 1978

Does Article V Restrict The States To Calling Unlimited Conventions Only? - A Letter To A Colleague, William W. Van Alstyne

Faculty Publications

From time to time, various state legislatures have adopted resolutions designed to require Congress to call a limited convention in which one or another possible amendments to the Constitution might be proposed. In 1967, thirty-two states, two short of the requisite two-thirds filed such resolutions requesting a convention for the purpose of considering an amendment to "overrule" the Supreme Court's principal reapportionment decisions. In 1971, Senator Ervin of North Carolina introduced a bill to provide guidelines to be followed upon a state call for a convention. This year, approximately twenty-eight states have adopted some kind of resolution for the purpose …


Fear, Risk And The First Amendment: Unraveling The Chilling Effect, Frederick Schauer Jan 1978

Fear, Risk And The First Amendment: Unraveling The Chilling Effect, Frederick Schauer

Faculty Publications

No abstract provided.


Miranda V. Arizona: The Law Today, Fredric I. Lederer Oct 1977

Miranda V. Arizona: The Law Today, Fredric I. Lederer

Faculty Publications

No abstract provided.


Civilizing Pornography: The Case For An Exclusive Obscenity Nuisance Statute, Doug R. Rendleman Apr 1977

Civilizing Pornography: The Case For An Exclusive Obscenity Nuisance Statute, Doug R. Rendleman

Faculty Publications

Criminal penalties are increasingly perceived to be too severe for regulating obscenity. Professor Rendleman shares this perception and suggests that we replace criminal obscenity laws with an exclusive civil sanction utilizing injunctions. He proposes a comprehensive nuisance statute and discusses the various issues that arise in the equitable regulation of pornography.


Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown Jan 1977

Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown

Faculty Publications

No abstract provided.


Cracks In “The New Property”: Adjudicative Due Process In The Administrative State, William W. Van Alstyne Jan 1977

Cracks In “The New Property”: Adjudicative Due Process In The Administrative State, William W. Van Alstyne

Faculty Publications

No abstract provided.


The Hazards To The Press Of Claiming A “Preferred Position”, William W. Van Alstyne Jan 1977

The Hazards To The Press Of Claiming A “Preferred Position”, William W. Van Alstyne

Faculty Publications

No abstract provided.


Rights Of Englishmen Since 1776: Some Anglo-American Notes, William F. Swindler May 1976

Rights Of Englishmen Since 1776: Some Anglo-American Notes, William F. Swindler

Faculty Publications

No abstract provided.


Runnymede Revisited: Bicentennial Reflections On A 750th Anniversary, William F. Swindler Apr 1976

Runnymede Revisited: Bicentennial Reflections On A 750th Anniversary, William F. Swindler

Faculty Publications

No abstract provided.


Prospective Remedies In Constitutional Adjudication, Doug R. Rendleman Jan 1976

Prospective Remedies In Constitutional Adjudication, Doug R. Rendleman

Faculty Publications

No abstract provided.


The Future Of Cable Communications And The Fairness Doctrine, Tom A. Collins Jul 1975

The Future Of Cable Communications And The Fairness Doctrine, Tom A. Collins

Faculty Publications

No abstract provided.


The Constitution After Watergate, William F. Swindler Jul 1975

The Constitution After Watergate, William F. Swindler

Faculty Publications

No abstract provided.


Politics As Law: The Cherokee Cases, William F. Swindler Jan 1975

Politics As Law: The Cherokee Cases, William F. Swindler

Faculty Publications

No abstract provided.


Accountability: The Constitutional Goal, William F. Swindler Jan 1975

Accountability: The Constitutional Goal, William F. Swindler

Faculty Publications

No abstract provided.


The Role Of Congress In Determining Incidental Powers Of The President And Of The Federal Courts: A Comment On The Horizontal Effect Of "The Sweeping Clause", William W. Van Alstyne Jan 1975

The Role Of Congress In Determining Incidental Powers Of The President And Of The Federal Courts: A Comment On The Horizontal Effect Of "The Sweeping Clause", William W. Van Alstyne

Faculty Publications

No abstract provided.


The New Due Process: Rights And Remedies, Doug R. Rendleman Jan 1975

The New Due Process: Rights And Remedies, Doug R. Rendleman

Faculty Publications

This article discusses the "new" due process. Perhaps new is a misnomer. Due process was not discovered recently. It has been around a long time protecting varying interests from arbitrary action. The discovery called the "new" due process is merely that procedural protections are not so limited as previously thought. This article will examine the interests encompassed by the new due process and the remedial apparatus now being developed to protect those interests.


Constitutional Allocation Of The War Powers Between The President And Congress: 1787-88, W. Taylor Reveley Iii Oct 1974

Constitutional Allocation Of The War Powers Between The President And Congress: 1787-88, W. Taylor Reveley Iii

Faculty Publications

For some time the international community has been keenly interested in the foreign uses to which America puts its military. The nature of these uses has traditionally been affected by the manner in which the Constitution divides the war powers between the President and Congress. This allocation of war-peace authority, in tum, is the product of a number of influences, among them the intentions of the Framers and Ratifiers for the text which they drafted and approved. Their war-power debates, as we shall see, have heavy international overtones.These debates have not been neglected, especially during America's recent involvement in Indochina. …


The Court, The Constitution, And Chief Justice Burger, William F. Swindler Apr 1974

The Court, The Constitution, And Chief Justice Burger, William F. Swindler

Faculty Publications

No abstract provided.


A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne Jan 1974

A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne

Faculty Publications

No abstract provided.


Constitutional Law - The Eighth Amendment And Prison Reform, Ronald H. Rosenberg Jan 1973

Constitutional Law - The Eighth Amendment And Prison Reform, Ronald H. Rosenberg

Faculty Publications

No abstract provided.


Book Review Of Equal Justice: The Warren Era Of The Supreme Court, W. Taylor Reveley Iii Jan 1973

Book Review Of Equal Justice: The Warren Era Of The Supreme Court, W. Taylor Reveley Iii

Faculty Publications

No abstract provided.