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Constitutional Law Commons™

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1994

Discipline
Institution
Keyword
Publication
Publication Type

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 Jan 1994

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 Jan 1994

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 Jan 1994

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. Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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. Jan 1994

Ineffective Assistance Of Counsel: In Re Jamie Tt.

Touro Law Review

No abstract provided.


Right To Counsel: People V. Ruff Jan 1994

Right To Counsel: People V. Ruff

Touro Law Review

No abstract provided.


Right To Counsel: People V. Caviano Jan 1994

Right To Counsel: People V. Caviano

Touro Law Review

No abstract provided.


Right To Counsel: People V. Richardson Jan 1994

Right To Counsel: People V. Richardson

Touro Law Review

No abstract provided.


Search And Seizure: People V. Sierra Jan 1994

Search And Seizure: People V. Sierra

Touro Law Review

No abstract provided.


The "Plain Feel" Exception In Minnesota V. Dickerson: A Further Erosion Of The Fourth Amendment, Nicole J. Lehmann Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

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 Jan 1994

The Role Of Race In Jury Impartiality And Venue Transfers, Darryl K. Brown

Maryland Law Review

No abstract provided.