Constitutional Law Commons^™

Conference: Supreme Court, Racial Politics, And The Right To Vote: Shaw V. Reno And The Future Of The Voting Rights Act, Julian Bond, Katharine Inglis Butler, Penda Hair, Anita S. Hodgkiss, Samuel Isaacharoff, Richard Jerome, David Kairys, Pamela S. Karlan, Robert A. Kengle, Loretta King, J. Morgan Kousser, Allan J. Lichtman, Binny Miller, Frank R. Parker, Richard H. Pildes, Jamin B. Raskin, Edward Still, Donald B. Verilli, Jr., Alex Willingham, Brenda Wright

American University Law Review

On September 9, 1994, The American University Law Review and the Law and Government Program of The Washington College of Law cohosted a conference addressing voting rights, with an emphasis on recent Supreme Courtjurisprudence, and Shaw v. Reno in particular. The conference brought together many of the leading scholars and practitioners involved in this area of the law. The day's events included four panel discussions and a luncheon speech by Julian Bond, the transcripts of which the Law Review is honored to publish.

The Gate Is Open But The Door Is Locked - Habeas Corpus And Harmless Error, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Brecht is a paradigm of the Rehnquist Court's result-oriented approach to habeas corpus and harmless error. The decision purports to be a principled application of the policies of finality, federalism, and judicial economy that underlay the Court's new habeas and harmless error jurisprudence. It is, in fact, an unwarranted and unprincipled extension of those policies. Depending on how the lower federal courts interpret and implement the decision, Brecht could have a devastating impact on the way state prosecutors and judges administer criminal justice, as well as the ability of state prisoners to redress constitutional violations.

The Right Of Publicity Vs. The First Amendment: A Property And Liability Rule Analysis, Roberta Rosenthal Kwall

Indiana Law Journal

No abstract provided.

Constitutional Limits On Physician Price Controls, Thomas W. Merrill

UC Law Constitutional Quarterly

Although the federal government has the power to impose price controls on physicians, this does not mean that the Constitution has nothing to say about what form such controls take. This Article argues that the Takings Clause and the Due Process Clause impose limits on physician price controls analogous to those that apply to price controls on regulated public utilities. Physicians, like public utilities, make extensive investments in specific capital that cannot be transferred to an unregulated market. Thus, a physician's investment in medical education, training, and equipment is vulnerable to expropriation through price controls. Three important constitutional limits follow …

The Validity Of The Public Rights Doctrine In Light Of The Historical Rationale Of The Seventh Amendment, Kenneth S. Klein

UC Law Constitutional Quarterly

The Seventh Amendment right to a jury trial is a hallmark of the American system of justice. This distinguishing characteristic, however, is slowly eroding. As the agent of change, the Supreme Court bears responsibility for restricting availability of jury trials. Among other factors, the Court's shaping of the public rights doctrine has cut into the sphere of the Seventh Amendment. The public rights doctrine has gone astray from its arguably tenuous roots, becoming the proverbial hole in the dike.

The public rights doctrine grows from the concept that sovereign immunity allows the government to direct how disputes against the government …

The Fifth Amendment Due Process Rights Of Interdicted Haitian Refugees, Geoffrey Jones

UC Law Constitutional Quarterly

The Bush and Clinton Administrations' response to the exodus from Haiti that began with the overthrow of President Aristide presents constitutional as well as political problems. The Kennebunkport Order of May 1992 called for the forcible repatriation of Haitian refugees without first determining whether they were eligible for political asylum under United States and international law. This Note discusses the constitutionality of this Order. It first reviews Haitian history with an emphasis on the principal period of migration beginning in 1972. This is followed by a discussion of the litigation on behalf of Haitian refugees. The principal part of the …

E-Mail And Voice Mail: Employee Privacy And The Federal Wiretap Statute , Thomas R. Greenberg

American University Law Review

No abstract provided.

The Disabled, The Ada, And Strict Scrutiny, James B. Miller

St. Thomas Law Review

This Note argues that Congress has statutorily overturned City of Cleburne v. Cleburne Living Ctr., Inc.'s holding of "rational basis" review for the disabled, through its enactment of the Americans With Disabilities Act of 1990. The argument focuses upon the fact that the United States Supreme Court affords Congress substantial deference in both its fact-finding capacity and in its lawmaking capacity in constitutional matters, especially in the realm of the Fourteenth Amendment's Equal Protection Clause. This Note will distinguish Heller v. Doe by arguing that although it was a proper decision, the Court failed to state that the correct standard …

The "Wrap" On Probable Cause: The Fourth Amendment Contained, Paul L. Kaminsky

St. Thomas Law Review

Part I of this Note begins by exploring the meaning of probable cause, briefly tracing its development. Part I continues with an examination of how the Supreme Court's interpretation of the Fourth Amendment and the probable cause requirement relates to searches and seizures of containers, specifically, containers that may fall within the Sanders' footnote "exception." The relationship between the Sanders doctrine and that of the "plain view" doctrine will also be examined. In Part II, this Note presents the case of United States v. Prandy-Binett as an example of the above-mentioned doctrinal exceptions to the requirements of the Fourth Amendment …

Trial By Tabloid, Mercy Hermida

St. Thomas Law Review

An intense conflict has persisted throughout legal history between the practical application of the First and Sixth Amendments. The controversy between these two guarantees has been a constant debate for decades. On the one hand, the First Amendment guarantees the media the Constitutional right to report the news via their right to freedom of expression. Alternatively, the Sixth Amendment guarantees the criminally accused the right to a fair trial decided by an impartial jury. Although these two guarantees are not seemingly contradictory, they ultimately collide when the media, in asserting its First Amendment right, so intrudes and disrupts a criminal …

Is The Death Knell Sounding For Animal Rights - The Sacrifice Of Animals For Religious Purposes Under The Guise Of The First Amendment Right To The Free Exercise Of Religion, Mercedes A. Sanchez

St. Thomas Law Review

As a result of several Supreme Court decisions and a recent legislative enactment, it has become increasingly more difficult to protect animal rights through legislation. This is particularly true when the legislation is challenged as unduly encroaching upon the free exercise of religion. This comment questions the Court's most recent application of the strict scrutiny standard in free exercise challenges which effectively swept away the rights of animals. First, this comment discusses the evolution of animal legal rights. Next, this comment provides an overview of free exercise jurisprudence with particular emphasis on the test articulated in Employment Division, Department of …

Clergy Sexual Misconduct: Confronting The Difficult Constitutional And Institutional Liability Issues, James T. O'Reilly, Joann M. Strasser

St. Thomas Law Review

Sexual misconduct among clergy members is a rare but troubling societal phenomenon, made more evident in the 1990s by dramatic news reporting and high-profile litigation demands. Revelation is no longer just an uplifting part of the New Testament; revelation is a tabloid tactic for uplifting television ratings and newspaper sales by assailing massive sexual scandals in the churches. This article focuses on a clash of doctrines that is developing in tort cases, when institutional churches are sued for failure to adequately oversee and control their errant ministers and priests. The clash arises because the religious doctrines of faith, responsibility and …

Complex Litigation And The State Courts: Constitutional And Practical Advantages Of The State Forum Over The Federal Forum In Mass Tort Cases, Mark C. Weber

UC Law Constitutional Quarterly

Although most current proposals for consolidation adjudication of mass tort cases call for these cases to be heard by district courts, the federal forum is unsuitable for two reasons. First, under the Erie doctrine, federal courts must apply state law, which they cannot develop sensibly nor even predict accurately. Creating national mass tort law would be unwise because important federalism interests would be frustrated. Second, federal courts would better spend their scarce time on federal constitutional and statutory cases in which they have a comparative advantage over state tribunals.

The proponents of federal consolidation have failed to examine the premise …

A Law Antecedent And Paramount, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

Different Religions, Different Politics: Evaluating The Role Of Competing Religious Traditions In American Politics And Law, Daniel O. Conkle

Articles by Maurer Faculty

In addressing the role of religion in politics and law, American political theory has strongly embraced the principle of religious equality. In this article, I explain how this principle has evolved and how it has nourished the privatization of religion and the secularization of public discourse by generating the view that public evaluations of religion are inappropriate. Under this view, religion is a private good that lacks public significance. As matters merely of private taste, matters that cannot be evaluated publicly, religious positions on political issues are not to be "imposed" on other citizens.

I challenge this reading of the …

The Title Vii Pretext Question: Resolved In Light Of St. Mary's Honor Center V. Hicks, Robert J. Smith

Indiana Law Journal

No abstract provided.

Bright Lines And Opaque Containers: Searching For Reasonable Rules In Automobile Cases, Stephen J. Bogacz ,Esq.

Touro Law Review

No abstract provided.

People V. Holmes: And Sometimes It's Not A Seizure, Steven A. Pilewski

Touro Law Review

No abstract provided.

New York's Educational Finance Scheme: Should It Be Declared Unconstitutional?, Janine M. Sarbak

Touro Law Review

No abstract provided.

Apportionment: Longway V. Jefferson County Board Of Supervisors

Touro Law Review

No abstract provided.

Appropriations: New York State Bankers Ass'n Inc. V. Wetzler

Touro Law Review

No abstract provided.

Double Jeopardy: People V. Latham

Touro Law Review

No abstract provided.

Double Jeopardy: People V. Lowe

Touro Law Review

No abstract provided.

Due Process: T.E.A. Marine Automotive Corp. V. Scaduto

Touro Law Review

No abstract provided.

Due Process: Hillard V. Coughlin Iii

Touro Law Review

No abstract provided.

Equal Protection: People V. Walker

Touro Law Review

No abstract provided.

Equal Protection: People V. Peart

Touro Law Review

No abstract provided.

Equal Protection: Mcdermott V. Forsythe

Touro Law Review

No abstract provided.

Equal Protection: Barth V. Crosson

Touro Law Review

No abstract provided.

Freedom Of Speech & Press: Polish American Immigration Relief Committee, Inc. V. Relax

Touro Law Review

No abstract provided.