Constitutional Law Commons^™

Can American Constitutional Law Be Postmodern?, Robert Justin Lipkin

Buffalo Law Review

No abstract provided.

Les Représentations De «Société Libre Et Démocratique» A La Cour Dickson : La Rhétorique Dans Le Discours Judiciaire Canadien, Andree Lajoie, Regine Robin, Sebastien Grammond, Henry Quillinan, Louise Rolland, Stéphane Perrault, Armelle Chitrit

Osgoode Hall Law Journal

The expression "free and democratic society" is the focus of our research, which sheds light on the contribution of the Supreme Court to the constitutionalization of this concept. Leaving aside the institutional and psycho-social factors, the study confirms the hypothesis that the interpretation of this expression will vary (1) according to the conceptions formerly held by the individual judges and (2) with respect to the factors favoured by a rhetorical Perelman-like analysis, which considers the factual and judicial context and the expectations of both the universal and specific audiences. At the Supreme Court level, the expectations of the latter should …

Constitutional Law—Zobrest V. Catalina Foothills School District, 113 S. Ct. 2462 (1993): An Answered Prayer To Students With Disabilities In Religious Schools, Mardi L. Blissard

University of Arkansas at Little Rock Law Review

No abstract provided.

A Precarious Path: The Bill Of Rights After 200 Years, Tony A. Freyer

Vanderbilt Law Review

The Bill of Rights occupies an ambiguous place in American society. Americans favor the Bill of Rights in principle, but when asked whether they support particular rights guarantees for real-life practices such as gun ownership, capital punishment, abortion, and flag burning, Americans fervently and profoundly disagree. The essays David J. Bodenhamer and James W. Ely, Jr. have compiled in The Bill of Rights in Modern America After 200 Years, richly suggest why Americans have reconciled principle and practice with such difficulty. Written for a popular audience by specialists who possess a profound knowledge of and differing views concerning the technical …

State Courts Reject "Leon" On State Constitutional Grounds: A Defense Of Reactive Rulings, Leigh A. Morrissey

Vanderbilt Law Review

In 1984, the United States Supreme Court announced a broad exception to the federal exclusionary rule' in United States v. Leon. The Court held the exclusionary rule inapplicable when police officers obtain evidence in reasonable, good faith reliance on a warrant later found to be defective. Commentators had advised against the creation of the so-called good faith exception before Leon. After Leon, they promulgated a torrent of commentary criticizing both the Leon Court's reasoning and its result. Today, because Leon does not control state constitutional decisions, the battle over the good faith exception is fought on the state level. Currently, …

The Continuing Evolution Of Criminal Constitutional Law In State Courts, S. Carran Daughtrey

Vanderbilt Law Review

Although early state constitutions were important and ambitious documents for their time, the development of state constitutional law stagnated after the drafting and adoption of the federal constitution., As the doctrine of federalism has resurfaced, however, states have begun to turn to their constitutions to grant more protection for their citizens. The states' criminal constitutional laws have changed significantly and continue to evolve today.

In the 1960s, the Warren Court expanded basic protections for criminal defendants by finding that the Fourteenth Amendment incorporates the Fourth, Fifth, and Sixth Amendments. The Court held that the Eighth Amendment prohibits cruel and unusual …

Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius By Edward De Grazia, Robert M. O'Neil

Cardozo Law Review

Such a headline from the 1990s reminds American readers that, however shameful may have been the treatment of obscenity and pornography in the United States during the past one hundred years, things could have been worse. Even so, the record here is hardly a source of pride-nor does the story have an altogether happy ending, if it has one at all. Yet it is a story that badly needs to be told, and never has it been better told than by Edward de Grazia in Girls Lean Back Everywhere.

"Rejecting The Parasite And Motivating The Laggard". A Constitutional Analysis Of The District Of Columbia's Aggressive Panhandling Statute, Katherine S. Broderick

University of the District of Columbia Law Review

No abstract provided.

Punishment Most Cruel, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Double Jeopardy And Summary Contempt Prosecutions, David S. Rudstein

All Faculty Scholarship

No abstract provided.

Justice Blackmun And The "Failed Experiment", William S. Geimer

Capital Defense Journal

No abstract provided.

The Constitutionality Of High School Graduation Prayers Under Harris V. School District No. 241, Robert Phillips

Brigham Young University Journal of Public Law

No abstract provided.

Recognizing Constitutional Freedoms In The Public Schools: Reasserting State And Local Educational Policy And Practive Through Non-Judicial Law, Matthew Hilton

Brigham Young University Education and Law Journal

No abstract provided.

The Algebra Of Pluralism: Subjective Experience As A Constitutional Variable, Barbara J. Flagg

Vanderbilt Law Review

Adzan Bedonie is a Navajo woman who speaks no English, holds tightly to traditional Navajo beliefs, and lives in a one-room hogan on the wrong side of the line drawn by a federal court to partition Navajo and Hopi lands.' The law that mandates her relocation and thus threatens to sever what for her is a spiritual connection to the land on which she lives offers a potential escape route: Congress provided for a limited number of life estates for older individuals subject to relocation. But Adzan Bedonie, like most elderly Navajo, has not applied for a life estate, because …

A Response To Professor Choper: Laying Down Another Ladder, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

Abortion Rights In America, Joan R. Bullock

BYU Law Review

No abstract provided.

Laws Intentionally Favoring Mainstream Religions: An Unhelpful Comparison To Race, Gary J. Simson

Cornell Law Faculty Publications

No abstract provided.

Suzanna And -The Ninth Amendment, Raoul Berger

BYU Law Review

No abstract provided.

Taking The Fifth: Reconsidering The Origins Of The Constitutional Privilege Against Self-Incrimination, Eben Moglen

Michigan Law Review

The purpose of this essay is to cast doubt on two basic elements of the received historical wisdom concerning the privilege as it applies to British North America and the early United States. First, early American criminal procedure reflected less tenderness toward the silence of the criminal accused than the received wisdom has claimed. The system could more reasonably be said to have depended on self-incrimination than to have eschewed it, and this dependence increased rather than decreased during the provincial period for reasons intimately connected with the economic and social context of the criminal trial in colonial America.

Second, …

Looking For Rights In All The Wrong Places: Resolving Custody Disputes In Divorce Proceedings, Katherine Hunt Federle

Cardozo Law Review

Eleven-year-old Shane P. left the office of his court-appointed law guardian in tears. Already upset by the escalating custody battle between his divorcing parents, Shane told his father that he wanted to "get rid of" his law guardian and subsequently sent her a letter notifying her that she was fired. Influenced, in part, by the case of Gregory K., Shane then retained the services of another attorney with funds provided by his father. Although the trial judge initially ruled that only the court could dismiss the law guardian who had been appointed to represent Shane's best interests, the judge subsequently …

Conference On The 1992 Cable Tv Act - 1994, Wendy J. Gordon

Scholarship Chronologically

The CITI conference organizers have asked me to address the constitutionality of sections 12 and 19 of the new Cable Television Act. Speaking quite generally, these provisions purport to promote competition in the distribution of programming by prohibiting certain exclusive licenses and by prohibiting certain behaviors that could lead to exclusive licenses.

Lev V. Tel-Aviv-Jaffa Rabbinical Court, Aharon Barak, Dov Levin, Shlomo Levin

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

Petitioner 1 and Respondent 3 were in divorce proceedings. In the context of a suit for marital reconciliation filed by Respondent 3, he requested that Respondent 1 prevent Petitioner 1 from leaving the country. His request was granted. Petitioner 1 requested that the order be vacated because her trip was intended as a vacation with her eldest daughter as well as for conducting business …

Dayan V. Wilk, Aharon Barak, Shlomo Levin, Eliezer Goldberg

Translated Opinions

Facts: The petitioner applied for a permit to hold an assembly directly outside the home of Rabbi Ovadya Yosef, spiritual leader of the Shas political party. The District Commissioner of Police refused the permit, because it would violate the rights of privacy of the rabbi, his family and his neighbours.

Held: It is necessary to balance the petitioner’s right to freedom of assembly against the right of privacy of the public figure, his family and his neighbours. According to Vice-President Barak, these rights are of equal importance: in principle there is a right to hold an assembly outside the private …

Rico's Latest Victim—Social Protest, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Turner Broadcasting V. Fcc: A First Amendment Challenge To Cable Television Must-Carry Rules, Marc Peritz

William & Mary Bill of Rights Journal

No abstract provided.

Whither The Press: The Fourth Estate And The Journalism Of Blame, Gerald G. Ashdown

William & Mary Bill of Rights Journal

No abstract provided.

Cohen V. Cowles Media And Its Significance For First Amendment Law And Journalism, Jerome A. Barron

William & Mary Bill of Rights Journal

No abstract provided.

"Buying Up Speech": Active Government And The Terms Of The First Amendment And Fourteenth Amendments, William T. Mayton

William & Mary Bill of Rights Journal

No abstract provided.

A Matter Of Opinion: Milkovich Four Years Later, Kathryn Dix Sowle

William & Mary Bill of Rights Journal

No abstract provided.

The H-Bomb And The First Amendment, Erwin Knoll

William & Mary Bill of Rights Journal

No abstract provided.