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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Runnymede Revisited: Bicentennial Reflections On A 750th Anniversary, William F. Swindler
Faculty Publications
No abstract provided.
Prospective Remedies In Constitutional Adjudication, Doug R. Rendleman
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
The Future Of Cable Communications And The Fairness Doctrine, Tom A. Collins
Faculty Publications
No abstract provided.
The Constitution After Watergate, William F. Swindler
The Constitution After Watergate, William F. Swindler
Faculty Publications
No abstract provided.
Politics As Law: The Cherokee Cases, William F. Swindler
Politics As Law: The Cherokee Cases, William F. Swindler
Faculty Publications
No abstract provided.
Accountability: The Constitutional Goal, William F. Swindler
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
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
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
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
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
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
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
Book Review Of Equal Justice: The Warren Era Of The Supreme Court, W. Taylor Reveley Iii
Faculty Publications
No abstract provided.