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Articles 181 - 210 of 408
Full-Text Articles in Constitutional Law
Graveyard Robbery In The Omnibus Budget Reconciliation Act Of 1993: A Modern Look At The Constitutionality Of Retroactive Taxes, 27 J. Marshall L. Rev. 775 (1994), Andrew G. Schultz
Graveyard Robbery In The Omnibus Budget Reconciliation Act Of 1993: A Modern Look At The Constitutionality Of Retroactive Taxes, 27 J. Marshall L. Rev. 775 (1994), Andrew G. Schultz
UIC Law Review
No abstract provided.
Pc Peep Show: Computers, Privacy, And Child Pornography, 27 J. Marshall L. Rev. 989 (1994), John C. Scheller
Pc Peep Show: Computers, Privacy, And Child Pornography, 27 J. Marshall L. Rev. 989 (1994), John C. Scheller
UIC Law Review
No abstract provided.
Preserving A Community Voice: The Case For Half-And-Half Juries In Racially-Charged Criminal Cases, 28 J. Marshall L. Rev. 1 (1994), Daniel W. Van Ness
Preserving A Community Voice: The Case For Half-And-Half Juries In Racially-Charged Criminal Cases, 28 J. Marshall L. Rev. 1 (1994), Daniel W. Van Ness
UIC Law Review
No abstract provided.
Challenging The Constitutionality Of President Clinton's Compromise: A Practical Alternative To The Military's Don't Ask, Don't Tell Policy, 28 J. Marshall L. Rev. 179 (1994), Kenneth S. Mclaughlin Jr.
Challenging The Constitutionality Of President Clinton's Compromise: A Practical Alternative To The Military's Don't Ask, Don't Tell Policy, 28 J. Marshall L. Rev. 179 (1994), Kenneth S. Mclaughlin Jr.
UIC Law Review
No abstract provided.
Canada's New Immigration Act: An Affront To The Charter And Canada's Collective Conscience?, Mark Anthony Drumbl
Canada's New Immigration Act: An Affront To The Charter And Canada's Collective Conscience?, Mark Anthony Drumbl
Scholarly Articles
This essay explores the constitutionality of sections 46.01(1) and 19(1)(c.1)(i) of the federal Immigration Act. These sections empower immigration officials to exclude from the refugee determination process any claimant who has arrived in Canada via a "safe" third country or who has been determined to have committed a criminal offence in the home country, unless the claimant falls into several narrow exceptions provided by the statute. The author submits that these provisions violate the procedural requirements of fundamental justice guaranteed by section 7 of the Canadian Charter of Rights and Freedoms. A further investigation is made as to whether these …
Civil, Constitutional And Criminal Justice Responses To Female Partner Abuse: Proposals For Reform, Mark Anthony Drumbl
Civil, Constitutional And Criminal Justice Responses To Female Partner Abuse: Proposals For Reform, Mark Anthony Drumbl
Scholarly Articles
Female partner abuse -- the battering inflicted by heterosexual men upon their wives, common-law spouses and intimate partners -- is a pervasive phenomenon in North American society. Through a comparative analysis of the responses to female partner abuse in Buffalo (New York), Toronto and London (Ontario) this paper demonstrates that pro-arrest policing policies have a vital role in curbing conjugal violence. Nevertheless, any truly effective response to female partner abuse must link the criminal justice system with other areas of the law as well as community services. With this interdisciplinary approach as a governing paradigm, several reforms are proposed. These …
Exploring The Constitutional Limits To Workfare And Learnfare, Mark Anthony Drumbl
Exploring The Constitutional Limits To Workfare And Learnfare, Mark Anthony Drumbl
Scholarly Articles
In recent times, there has been growing interest in the concepts of mandatory work and training programs for social assistance recipients. In this article, the author examines the social policy arguments for and against such programs. He also analyzes them from the perspective of the Charter of Rights. He concludes that mandatory work and training programs may be subject to legal challenge under the Charter of Rights unless participation is voluntary or the programs are carefully designed.
Free Speech On College Campuses: Protecting The First Amendment In The Marketplace Of Ideas, Melanie A. Moore
Free Speech On College Campuses: Protecting The First Amendment In The Marketplace Of Ideas, Melanie A. Moore
West Virginia Law Review
No abstract provided.
Hinerman V. Gazette: A Pro-Victim Shift In West Virginia Libel Law, Carole Lewis Bloom
Hinerman V. Gazette: A Pro-Victim Shift In West Virginia Libel Law, Carole Lewis Bloom
West Virginia Law Review
No abstract provided.
Legitimacy Of The Constitutional Judge And Theories Of Interpretation In The United States, William B. Fisch, Richard S. Kay
Legitimacy Of The Constitutional Judge And Theories Of Interpretation In The United States, William B. Fisch, Richard S. Kay
Faculty Publications
The Legitimacy of the Constitutional Judge and Theories of Interpretation in the United States The paper addresses the sources of legitimacy of a judge exercising the power to declare acts of government invalid on constitutional grounds, and their relationship to theories of interpretation of the constitutional texts.
New York V. United States: The Constitutional And Environmental Fallout For Low-Level Waste Disposers, Rhett Traband
New York V. United States: The Constitutional And Environmental Fallout For Low-Level Waste Disposers, Rhett Traband
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Constitutional Impediments To National Health Reform: Tenth Amendment And Spending Power Hurdles, S. Candice Hoke
Constitutional Impediments To National Health Reform: Tenth Amendment And Spending Power Hurdles, S. Candice Hoke
Law Faculty Articles and Essays
This Article proceeds in four Parts. The first briefly summarizes the approach of each of the pending health reform bills and distills those portions relevant to current Tenth Amendment and Spending Clause analysis. Provisions that would impose on States the financial and administrative responsibility for achieving Federal regulatory objectives or that specify punitive measures to be taken against States choosing not to participate in the cooperative program are critical features for the inquiry. Employing these criteria, the first Part identifies seven distinct and largely novel models of problematic regulatory instructions that warrant more probative analysis.The second Part briefly outlines the …
Retroactivity, Equal Protection And Standing, Leon Friedman
Retroactivity, Equal Protection And Standing, Leon Friedman
Touro Law Review
No abstract provided.
University Hate Speech Codes: A Necessary Method In The Process Of Eradicating The Universal Wrong Of Racism, Nooshin Namazi, James H. Cahill
University Hate Speech Codes: A Necessary Method In The Process Of Eradicating The Universal Wrong Of Racism, Nooshin Namazi, James H. Cahill
Touro Law Review
No abstract provided.
New York State Bar Association Committee On State Constitution: Summary Of 1993 Activities, Jerry Boone, Shirley A. Siegel
New York State Bar Association Committee On State Constitution: Summary Of 1993 Activities, Jerry Boone, Shirley A. Siegel
Touro Law Review
No abstract provided.
Ineffective Assistance Of Counsel: In Re Jamie Tt.
Ineffective Assistance Of Counsel: In Re Jamie Tt.
Touro Law Review
No abstract provided.
Right To Counsel: People V. Ruff
Right To Counsel: People V. Caviano
Right To Counsel: People V. Richardson
Search And Seizure: People V. Sierra
The "Plain Feel" Exception In Minnesota V. Dickerson: A Further Erosion Of The Fourth Amendment, Nicole J. Lehmann
The "Plain Feel" Exception In Minnesota V. Dickerson: A Further Erosion Of The Fourth Amendment, Nicole J. Lehmann
Campbell Law Review
This Note will discuss the legal development of the "plain feel" exception to the Fourth Amendment. It will reveal how the Supreme Court in Dickerson used a combination of the Terry cursory, "pat down" exception to the Fourth Amendment and the "plain view" doctrine to justify a warrantless search and seizure. It will examine the extent to which police officers may manipulate lawful powers without overstepping the Amendment's safeguards. Finally, this Note will describe how Dickerson's "plain feel" exception weakens Fourth Amendment guarantees and concludes it could lead to an unwarranted invasion of the public's right to be secure …
Naturalization Ceremonies, United States District Court, Albany, Ny, Roger J. Miner '56
Naturalization Ceremonies, United States District Court, Albany, Ny, Roger J. Miner '56
Legal History
No abstract provided.
The Long And Winding Road: Redistricting In Light Of Shaw V. Reno, Charles W. Mckeller
The Long And Winding Road: Redistricting In Light Of Shaw V. Reno, Charles W. Mckeller
Campbell Law Review
The purpose of this note is to analyze the impact and scope of the United States Supreme Court's landmark decision in Shaw v. Reno. This Note will attempt to recommend guidelines which will enable local government officials to negotiate the narrow and winding path between the standards of the VRA and the ambiguous restrictions set by the Court's decision.
The Scope Of The Fourteenth Amendment Liberty Interest: Does The Constitution Encompass A Right To Define Oneself Out Of Existence? An Exchange Of Views With John A. Powell, Legal Director, American Civil Liberties Union, Robert A. Destro
Scholarly Articles
No abstract provided.
With All Deliberate Speed? A Reply To Professor Sunstein, Marc A. Fajer
With All Deliberate Speed? A Reply To Professor Sunstein, Marc A. Fajer
Articles
No abstract provided.
The Public Interest And The Unconstitutionality Of Private Prosecutors, John Bessler
The Public Interest And The Unconstitutionality Of Private Prosecutors, John Bessler
All Faculty Scholarship
This article discusses the history of private and public prosecution in the United States, including standards governing prosecutorial ethics. It argues that the use of private prosecutors is unethical and violative of defendants' constitutional rights. In particular, the article asserts that the use of such prosecutors violates due process principles and creates, at the very least, an unacceptable appearance of impropriety. The article contends that the public's interest in not having its members erroneously charged or convicted in the criminal process outweighs an interested party's right to retain a private prosecutor as set forth in some state laws. In addition …
Rewriting Beginnings: The Lessons Of Gautreaux, 28 J. Marshall L. Rev. 57 (1994), Janet Koven Levit
Rewriting Beginnings: The Lessons Of Gautreaux, 28 J. Marshall L. Rev. 57 (1994), Janet Koven Levit
UIC Law Review
No abstract provided.
Absurdity And The Limits Of Literalism: Defining The Absurd Result Principle In Statutory Interpretation, Veronica M. Dougherty
Absurdity And The Limits Of Literalism: Defining The Absurd Result Principle In Statutory Interpretation, Veronica M. Dougherty
American University Law Review
No abstract provided.
Extraterritorial Reach Of Nepa's Eis Requirement After Environmental Defense Fund V. Massey, Karen A. Klick
Extraterritorial Reach Of Nepa's Eis Requirement After Environmental Defense Fund V. Massey, Karen A. Klick
American University Law Review
No abstract provided.
The Role Of Race In Jury Impartiality And Venue Transfers, Darryl K. Brown
The Role Of Race In Jury Impartiality And Venue Transfers, Darryl K. Brown
Maryland Law Review
No abstract provided.