Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- First Amendment (52)
- Supreme Court of the United States (31)
- Religion Law (27)
- Courts (26)
- Criminal Law (23)
-
- Comparative and Foreign Law (20)
- Civil Rights and Discrimination (18)
- Fourth Amendment (18)
- Criminal Procedure (16)
- Fourteenth Amendment (16)
- Family Law (14)
- Juvenile Law (12)
- Litigation (12)
- Law and Race (11)
- Law Enforcement and Corrections (9)
- Health Law and Policy (8)
- Jurisprudence (8)
- Law and Society (8)
- Judges (7)
- Legislation (7)
- Administrative Law (6)
- Education Law (6)
- Law and Gender (6)
- Legal History (6)
- State and Local Government Law (6)
- Civil Procedure (5)
- Legal Remedies (5)
- Natural Law (5)
- Institution
- Keyword
-
- Constitutional law (15)
- Due process (7)
- Constitutional Law (6)
- First Amendment (6)
- Free speech (5)
-
- Civil rights (4)
- Equal protection (4)
- Religion (4)
- Separation of powers (4)
- Abortion (3)
- Libel (3)
- Qualified immunity (3)
- Remedies (3)
- Abolition (2)
- Article III (2)
- Bivens (2)
- Capital punishment (2)
- Choice of law (2)
- Congress (2)
- Conscience (2)
- Constitution (2)
- Constitutional history (2)
- Constitutional rights (2)
- Damages (2)
- Death penalty (2)
- Defamation (2)
- Due process of law (2)
- Eighth amendment (2)
- Federal Courts (2)
- Federal courts (2)
Articles 241 - 270 of 286
Full-Text Articles in Constitutional Law
The Process Of Constitutional Interpretation: A Synthesis Of The Present And A Guide To The Future, William A. Kaplin
The Process Of Constitutional Interpretation: A Synthesis Of The Present And A Guide To The Future, William A. Kaplin
Scholarly Articles
This Article provides a counterbalance to current trends in the constitutional interpretation debate. First, the Article is addressed not only to academic experts but also to practicing lawyers, law students, government officials, and academics that are interested but not expert in the process of constitutional interpretation. Second, the Article emphasizes the common ground or agreement about interpretation as much as the disagreements, and offers a synthesis of the interpretive process that charts the common ground and models the best of current understanding. Third, the Article relates theory to practice by exploring the ramifications of this synthesis for courts, other interpreters, …
Discrimination: The Difference With Aids, Raymond C. O'Brien
Discrimination: The Difference With Aids, Raymond C. O'Brien
Scholarly Articles
No abstract provided.
The Beginning Of The Constitutional Era: A Bicentennial Comparative Study Of The American And French Constitutions, Rett R. Ludwikowski
The Beginning Of The Constitutional Era: A Bicentennial Comparative Study Of The American And French Constitutions, Rett R. Ludwikowski
Scholarly Articles
This article is intended only to be introductory. The author is quite aware that the period surrounding the creation of the American Constitution has been profoundly studied; thorough analysis has been provided concerning both the origin and historical development of the American Constitution, as well as the intellectual background of the "founding generation." Characteristically, these studies have focused on the "American constitutional tradition," which means that they have been limited to little more than two centuries of colonial experience.
This essay follows a different vein of inquiry. The author's purpose is not to add another article to the numerous works …
Constitutional Values And The Adjudication Of Taft-Hartley Act Dues Objector Cases, Roger C. Hartley
Constitutional Values And The Adjudication Of Taft-Hartley Act Dues Objector Cases, Roger C. Hartley
Scholarly Articles
The thesis of this Article is that, now conscripted into the fray, the NLRB must consider free speech and association values embodied in the Constitution and laws when deciding Taft-Hartley dues objector issues. Only then can the NLRB fulfill its congressional mandate, recently discovered and described in Beck, to develop a coherent body of law that accommodates potentially explosive confrontations between dues objectors' right of free expressive association and the union majority's statutory right to organize and bargain collectively on behalf of all represented employees, including dues objectors.
To develop this thesis, the threshold task is to demonstrate that although …
The Powers And The Duties Of Government, John H. Garvey
The Powers And The Duties Of Government, John H. Garvey
Scholarly Articles
The government often tries to control people's behavior by the way it hands out benefits. The most common objection to this practice is that it violates the rights of beneficiaries.' I want to make a simple observation about these "rights" cases. We used to treat the violation of rights as a question about the government's power. Now we treat it as a question about the government's duty. This shift in perspective is an important change. If we attend to it, we will be less perplexed by the problem of unconstitutional conditions. Though my point is simple, I will go to …
Developments In The Law Of Church-State Relations: The 1987 Term Of The United States Supreme Court, Robert A. Destro
Developments In The Law Of Church-State Relations: The 1987 Term Of The United States Supreme Court, Robert A. Destro
Scholarly Articles
No abstract provided.
The Ollie North, Bob Bork, Bye, Bye, Bye Centennial Blues, Rodney A. Smolla
The Ollie North, Bob Bork, Bye, Bye, Bye Centennial Blues, Rodney A. Smolla
Scholarly Articles
Not available.
Nudity, Obscenity And Pornography: The Streetcars Named Lust And Desire, George P. Smith Ii
Nudity, Obscenity And Pornography: The Streetcars Named Lust And Desire, George P. Smith Ii
Scholarly Articles
No abstract provided.
Technologically Enhanced Visual Surveillance And The Fourth Amendment: Sophistication, Availability And The Expectation Of Privacy, Clifford S. Fishman
Technologically Enhanced Visual Surveillance And The Fourth Amendment: Sophistication, Availability And The Expectation Of Privacy, Clifford S. Fishman
Scholarly Articles
Since 1983, however, seven Supreme Court decisions have focused at least in part upon application of the Fourth Amendment to technological enhancement of, or technological substitution for, visual surveillance: United States v. Dunn and Texas v. Brown (artificial illumination); United States v. Knotts and United States v. Karo (electronic tracking devices); California v. Ciraolo9 and Florida v. Riley (aerial surveillance); and Dow Chemical Co. v. United States (image-magnifying aerial photography). Reaction to many of these decisions has been highly critical.
In six of the seven cases, investigators refrained from intruding physically into a location protected by the Fourth Amendment. The …
Constitutional Law And Constitutional History, Lewis H. Larue
Constitutional Law And Constitutional History, Lewis H. Larue
Scholarly Articles
Not available.
Taking Libel Reform Seriously, Rodney A. Smolla
Interception Of Communications In Exigent Circumstances: The Fourth Amendment, Federal Legislation, And The United States Department Of Justice, Clifford S. Fishman
Interception Of Communications In Exigent Circumstances: The Fourth Amendment, Federal Legislation, And The United States Department Of Justice, Clifford S. Fishman
Scholarly Articles
Part I briefly reviews basic Fourth Amendment case law regulating searches and seizures, summarizes the exigent circumstances doctrine, and discusses the applicability of that doctrine to electronic surveillance of communications. Part II outlines Title III's requirements for a "standard" (non-emergency, non-roving) interception order, including what the application and order must contain, and how such an order must be executed. Part III studies the emergency surveillance provision of Title III and reviews Justice Department policies and practices in implementing that provision. Part IV analyzes the new roving intercept provision, discusses its constitutionality, and looks at some practical problems that may arise …
The Value Of The Constitution, John H. Garvey
The Value Of The Constitution, John H. Garvey
Scholarly Articles
No abstract provided.
Two Firsts: A Comparative Study Of The American And The Polish Constitutions, Rett R. Ludwikowski
Two Firsts: A Comparative Study Of The American And The Polish Constitutions, Rett R. Ludwikowski
Scholarly Articles
This article is only an introductory study to further inquiry. It focuses on the first two constitutions in the world: the American Constitution of 1787 and the Polish Constitution of May 3, 1791. Furthermore, the emphasis of this essay will be disposed of in a different manner than in the above mentioned studies. The author's purpose is not to add another article to the numerous works already devoted to American Constitutional development; instead, the following remarks will emphasize Polish constitutional history, and treat the American constitutional experience as a background for comparison.
A Comment On Religious Convictions And Lawmaking, John H. Garvey
A Comment On Religious Convictions And Lawmaking, John H. Garvey
Scholarly Articles
No abstract provided.
Religious Freedom During The 1985–1986 Supreme Court Term: Adrift On Troubled Waters, Robert A. Destro
Religious Freedom During The 1985–1986 Supreme Court Term: Adrift On Troubled Waters, Robert A. Destro
Scholarly Articles
The 1985-86 Term of the Supreme Court was characterized by continuing deep divisions within the Court regarding the nature of religious freedom, the role of religion in society, and the constitutional approach which should be adopted for cases raising religious freedom issues. In all, the Court decided five major religious freedom cases with full opinions, granted review in two cases, and denied review in at least thirty-three others. In addition, three other cases decided on the merits which did not specifically involve religious freedom did include discussion of important questions concerning the relationship of law and religion. In the summary …
Equality, Social Welfare And Equal Protection, Robert A. Destro
Equality, Social Welfare And Equal Protection, Robert A. Destro
Scholarly Articles
As my contribution to this forum, I thought I would try to make a few tentative distinctions concerning the various tasks judges and commentators seek to assign to the Equal Protection Clause. Approaching it from this perspective spares me the necessity of getting into what one of the earlier speakers described as the more Byzantine details of current equal protection doctrine. Such a discussion would inevitably lead to criticisms of the Judiciary and certain commentators, to comparisons between what some might call the "liberal" and "conservative" approaches, and to discussion concerning the needs of a changing and dynamic society.
Each …
Free Exercise And The Values Of Religious Liberty, John H. Garvey
Free Exercise And The Values Of Religious Liberty, John H. Garvey
Scholarly Articles
One thing that has always bothered me about free exercise jurisprudence is that it rests on values we have seldom tried to state, much less justify. In a way this is not surprising. We have only recently abandoned the assumption, which may never have been true, that Americans share a common understanding of language about God and transcendent values. That understanding made it unnecessary to define for nonspeakers a meaning that even believers have trouble putting into words. But today we are probably not "a religious people whose institutions presuppose a Supreme Being-at least not if "religious" is supposed to …
In Pursuit Of Racial Utopias: Fair Housing, Quotas, And Goals In The 1980'S, Rodney A. Smolla
In Pursuit Of Racial Utopias: Fair Housing, Quotas, And Goals In The 1980'S, Rodney A. Smolla
Scholarly Articles
None available.
Comment: Zauderer V. Office Of Disciplinary Counsel, Geoffrey R. Watson
Comment: Zauderer V. Office Of Disciplinary Counsel, Geoffrey R. Watson
Scholarly Articles
No abstract provided.
Another Way Of Looking At School Aid, John H. Garvey
Another Way Of Looking At School Aid, John H. Garvey
Scholarly Articles
No abstract provided.
Electronic Tracking Devices And The Fourth Amendment: Knotts, Karo, And The Questions Still Unanswered, Clifford S. Fishman
Electronic Tracking Devices And The Fourth Amendment: Knotts, Karo, And The Questions Still Unanswered, Clifford S. Fishman
Scholarly Articles
This article will examine the Knotts and Karo decisions, analyze the unanswered questions relating to the use of electronic tracking devices, and outline legislation that might best resolve those questions and strike a proper balance between the often conflicting values of individual privacy and effective law enforcement.
Prison Overcrowding And The Courts: A Roadmap For The 1980s, Rodney A. Smolla
Prison Overcrowding And The Courts: A Roadmap For The 1980s, Rodney A. Smolla
Scholarly Articles
Not available.
Intertwining The Constitution And The Common Law: Evolving Doctrines Of Defamation In Arkansas, Rodney A. Smolla
Intertwining The Constitution And The Common Law: Evolving Doctrines Of Defamation In Arkansas, Rodney A. Smolla
Scholarly Articles
Not available.
Bring Back The Legislative Veto: A Proposal For A Constitutional Amendment, Rodney A. Smolla
Bring Back The Legislative Veto: A Proposal For A Constitutional Amendment, Rodney A. Smolla
Scholarly Articles
None available.
The Reemergence Of The Right-Privilege Distinction In Constitutional Law: The Price Of Protesting Too Much, Rodney A. Smolla
The Reemergence Of The Right-Privilege Distinction In Constitutional Law: The Price Of Protesting Too Much, Rodney A. Smolla
Scholarly Articles
Not available.
A Wishful Thinker's Rehearing In The Hague Case, Frederic L. Kirgis
A Wishful Thinker's Rehearing In The Hague Case, Frederic L. Kirgis
Scholarly Articles
Not available.
Living With Gertz: A Practical Look At Constitutional Libel Standards, Lewis H. Larue
Living With Gertz: A Practical Look At Constitutional Libel Standards, Lewis H. Larue
Scholarly Articles
None available.
Integration Maintenance: The Unconstitutionality Of Benign Programs That Discourage Black Entry To Prevent White Flight, Rodney A. Smolla
Integration Maintenance: The Unconstitutionality Of Benign Programs That Discourage Black Entry To Prevent White Flight, Rodney A. Smolla
Scholarly Articles
Not available.
Freedom And Choice In Constitutional Law, John H. Garvey
Freedom And Choice In Constitutional Law, John H. Garvey
Scholarly Articles
The constitutional rights of children, the mentally ill, and other legally incompetent persons have been the subject of much litigation in the past twenty years. In this Article, Professor Garvey develops a general theory to explain the different ways in which persons of diminished capacity can be said to enjoy constitutional protections. He first notes that, of the various constitutional provisions, only one kind -freedoms, which protect the right to make choices - pose serious difficulties when applied to persons of diminished capacity. He then proposes a hierarchy of ways in which we can attribute freedoms to such persons: the …