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Articles 811 - 840 of 851
Full-Text Articles in Constitutional Law
Toward Due Process In Injunction Procedure, Doug R. Rendleman
Toward Due Process In Injunction Procedure, Doug R. Rendleman
Faculty Publications
No abstract provided.
The Forum Of Conscience: Applying Standards Under The Free Exercise Clause, Paul Marcus
The Forum Of Conscience: Applying Standards Under The Free Exercise Clause, Paul Marcus
Faculty Publications
The 1973 Supreme Court decision in Wisconsin v. Yoder reenforced and amplified the Court's earlier holding in Sherbert v. Verner that the free exercise clause of the first amendment requires the state to render substantial deference to religiously motivated behavior in the application of its laws and regulatory schemes. In this article, Mr. Marcus traces the evolving standards of free exercise doctrine and observes that the "balancing test" which has resulted from that evolution requires still further refinement to give religious freedom its full constitutional due. The author then illustrates how the new standards of free exercise might be applied …
A Critical Guide To Ex Parte Mccardle, William W. Van Alstyne
A Critical Guide To Ex Parte Mccardle, William W. Van Alstyne
Faculty Publications
Given the growing trend of proposed Congressional bills seeking to remove certain types of cases from the Supreme Court's appellate jurisdiction, this examination looks back on Ex Parte McCardle, the quintessential case that defined the limits of the Exceptions Clause.
The Specific Theory Of Academic Freedom And The General Issue Of Civil Liberty, William W. Van Alstyne
The Specific Theory Of Academic Freedom And The General Issue Of Civil Liberty, William W. Van Alstyne
Faculty Publications
Academic freedom has been blurred in law and in popular usage. Its clarification should enable the Supreme Court to grant it explicit protection under the Constitution as an identifiable subset of First Amendment freedoms. Its identification with the professional endeavors of faculty members, moreover, should reduce the tendency of institutions to intrude upon the aprofessional personal liberties of the faculty even while adequately protecting the extramural professional pursuits of the faculty and assuring them of equal protection in their interests as private citizens. Adjustments of standards by the American Association of University Professors, more definitely distinguishing the special accountability of …
Congress, The President, And The Power To Declare War: A Requiem For Vietnam, William W. Van Alstyne
Congress, The President, And The Power To Declare War: A Requiem For Vietnam, William W. Van Alstyne
Faculty Publications
Several arguments have been advanced in support of the President's authority to continue use of the Armed Forces in Vietnam without a congressional declaration of war as provided by the Constitution. Congressional ratification of the Southeast Asia Treaty and the Charter of the United Nations, as well as enactment of the Gulf of Tonkin Resolution, are often urged as constituting sufficient congressional authorization for the President's actions. Some have gone further and contended that congressional authorization was not a prerequisite in the Vietnam conflict because the President never exceeded his historically recognized authority to act unilaterally in defense of the …
Constitutional Law: Double Jeopardy - New Approach To The "Manifest Necessity Rule", Ronald C. Brown
Constitutional Law: Double Jeopardy - New Approach To The "Manifest Necessity Rule", Ronald C. Brown
Faculty Publications
No abstract provided.
State Constitutions For The 20th Century, William F. Swindler
State Constitutions For The 20th Century, William F. Swindler
Faculty Publications
No abstract provided.
The Warren Court: Completion Of A Constitutional Revolution, William F. Swindler
The Warren Court: Completion Of A Constitutional Revolution, William F. Swindler
Faculty Publications
No abstract provided.
The Supreme Court, The President And Congress, William F. Swindler
The Supreme Court, The President And Congress, William F. Swindler
Faculty Publications
No abstract provided.
The Constitutional Rights Of Teachers And Professors, William W. Van Alstyne
The Constitutional Rights Of Teachers And Professors, William W. Van Alstyne
Faculty Publications
The discussion examines the current state of educators' rights and identifies two key areas that are still hotly contested: extramural utterances that my be critical of the institution itself and a teacher's freedom with his own classroom. A survey of two recent cases illuminates these issues.
A Suggested Seminar In Student Rights, William W. Van Alstyne
A Suggested Seminar In Student Rights, William W. Van Alstyne
Faculty Publications
No abstract provided.
A Critical Guide To Marbury V. Madison, William W. Van Alstyne
A Critical Guide To Marbury V. Madison, William W. Van Alstyne
Faculty Publications
The concept of judicial review of the constitutionality of state and federal statutes by the Supreme Court is generally rested upon the epic decision in Marbury v. Madison. The controversies which have surrounded the exercise of this power by the Supreme Court require a periodic reexamination of the concept of judicial review at its source, the Marbury opinion. This article proceeds by examining the historical context in which the case arose and analyzes the opinion in terms of various alternative approaches which might have been utilized by Chief Justice Marshall. The specific holding of the case is isolated in contrast …
Presidential War-Making: Constitutional Prerogative Or Usurpation?, W. Taylor Reveley Iii
Presidential War-Making: Constitutional Prerogative Or Usurpation?, W. Taylor Reveley Iii
Faculty Publications
No abstract provided.
The Tentative Emergence Of Student Power In The United States, William W. Van Alstyne
The Tentative Emergence Of Student Power In The United States, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne
The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne
Faculty Publications
Beginning with Justice Douglass's assertion that the State is bound in the same ways when acting as an employer as it is when acting as a governing body, this examination delves deeper to determine how this doctrine actually limits the government when it acts as an employer. This article endorses the theory of examining these limits not in the context of if the government is allowed to enforce them in the public sphere, but if the government may mandate such limits in the private sphere.
A Constitution For Every Man, William W. Van Alstyne
A Constitution For Every Man, William W. Van Alstyne
Faculty Publications
This review praises the collection of essays presented during the one hundredth anniversary of the ratification of the Fourteenth Amendment. The works expand on previous scholarship regarding the Fourteenth Amendment and provides a thorough understanding with smooth transitions through the Amendment’s different complexities and its history.
The Demise Of The Right-Privilege Distinction In Constitutional Law, William W. Van Alstyne
The Demise Of The Right-Privilege Distinction In Constitutional Law, William W. Van Alstyne
Faculty Publications
The right-privilege distinction, as it appeared in an early statement by Justice Holmes, has long hampered individuals within the public sector in protecting themselves against arbitrary governmental action. In this article Professor Van Alstyne reviews the uses and misuses to which the "privilege" concept has been put and then examines those doctrines whose flanking attacks have gradually eroded its efficacy. But none of these doctrines comes to grips with Holmes' basic idea of a "privilege" to which substantive due process is inapplicable. Applying Holmes' own jurisprudence, the author argues that the concept of "privilege" is today no longer viable, and …
The Judicial Trend Toward Student Academic Freedom, William W. Van Alstyne
The Judicial Trend Toward Student Academic Freedom, William W. Van Alstyne
Faculty Publications
This analysis references the growing likelihood that even “private” colleges and universities may be viewed as state actors due to these institutions growing reliance on public funds and their performance of what is often considered a public function. Given such, this examination discusses the growing sphere of student rights.
The First Amendment And The Suppression Of Warmongering Propaganda In The United States: Comments And Footnotes, William W. Van Alstyne
The First Amendment And The Suppression Of Warmongering Propaganda In The United States: Comments And Footnotes, William W. Van Alstyne
Faculty Publications
In an attempt to determine how the First Amendment may protect speakers’ rights to make inflammatory statements calling for violence against a sovereign, this article breaks down this larger question into three categories based on the speaker: the government, foreigners abroad, or American citizens.
Mr. Justice Black, Constitutional Review, And The Talisman Of State Action, William W. Van Alstyne
Mr. Justice Black, Constitutional Review, And The Talisman Of State Action, William W. Van Alstyne
Faculty Publications
In an endorsement of Justice Black’s dissent in Bell v. Maryland, this work argues in favors of Black’s interpretation of the state action requirement and attempts to make sense of Black’s understanding in other cases where he found state action in similar private circumstances.
In Gideon’S Wake: Harsher Penalties And The “Successful” Criminal Appellant, William W. Van Alstyne
In Gideon’S Wake: Harsher Penalties And The “Successful” Criminal Appellant, William W. Van Alstyne
Faculty Publications
Following the Court’s decision in Gideon v. Wainwright, popular opinion allowed indignant criminals seeking a re-trial to receive harsher sentences. This examination argues that such a result is unconstitutional.
Constitutional Law: Cases, Comments & Questions, William W. Van Alstyne
Constitutional Law: Cases, Comments & Questions, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Fourteenth Amendment, The “Right” To Vote, And The Understanding Of The Thirty-Ninth Congress, William W. Van Alstyne
The Fourteenth Amendment, The “Right” To Vote, And The Understanding Of The Thirty-Ninth Congress, William W. Van Alstyne
Faculty Publications
An examination of the Fourteenth Amendment’s legislative history is juxtaposed with Justice Harlan’s steadfast conclusion that such history reveals states’ right to set voting requirements.
Student Academic Freedom And The Rule-Making Powers Of Public Universities: Some Constitutional Considerations, William W. Van Alstyne
Student Academic Freedom And The Rule-Making Powers Of Public Universities: Some Constitutional Considerations, William W. Van Alstyne
Faculty Publications
No abstract provided.
Reapportionment: Revisionism Or Revolution?, William F. Swindler
Reapportionment: Revisionism Or Revolution?, William F. Swindler
Faculty Publications
No abstract provided.
The Supreme Court On Trial, William W. Van Alstyne
The Supreme Court On Trial, William W. Van Alstyne
Faculty Publications
This review of The Supreme Court on Trial questions why the work’s tackling the age-old issues of the source of judicial review and its constitutionality is particularly novel or unique from other such examinations. Issue is also taken with Brown v. Boards dominance of such discussion and the book’s poor treatment of the desegregation cases.
Current Challenge To Federalism: The Confederating Proposals, William F. Swindler
Current Challenge To Federalism: The Confederating Proposals, William F. Swindler
Faculty Publications
Professor Swindler treats the three recently proposed constitutional amendments as the culmination of state frustration at the evolution of ascendant federalism especially as embodied in modern Supreme Court decisions. Equating the proposals, in effect, to the fragmented system under the Articles of Confederation, he rejects them as contrary to the weight of constitutional history. The Constitution having established a new concept of federalism-an amalgam of the people of the United States-the author concludes that representative government is the essence of that federalism and that neither the states, their legislatures, nor their courts can have authority in the area of activity …
The Administration’S Anti-Literacy Test Bill: Wholly Constitutional But Wholly Inadequate, William W. Van Alstyne
The Administration’S Anti-Literacy Test Bill: Wholly Constitutional But Wholly Inadequate, William W. Van Alstyne
Faculty Publications
This discussion of Senate Bill 2750 addresses Congress’s ability to extend voting rights without resorting to a constitutional amendment. This paper also examines the efficacy of such a law.
Constitutional Separation Of Church And State: The Quest For A Coherent Position, William W. Van Alstyne
Constitutional Separation Of Church And State: The Quest For A Coherent Position, William W. Van Alstyne
Faculty Publications
No abstract provided.
Comment: Sit-Ins And State Action- Mr. Justice Douglas, Concurring, Kenneth L. Karst, William W. Van Alstyne
Comment: Sit-Ins And State Action- Mr. Justice Douglas, Concurring, Kenneth L. Karst, William W. Van Alstyne
Faculty Publications
This analysis of Mr. Justice Douglas’ concurrence in Garner v. Louisiana pays special attention to the lip service Justice Douglas pays to the state action requirement while never fully addressing such an issue.