Constitutional Law Commons^™

Criminal Procedure—Good Faith, Big Brother, And You: The United States Supreme Court's Latest Good Faith Exception To The Fourth Amendment Exclusionary Rule. Arizona V. Evans, 115 S. Ct. 1185 (1995)., Elisa Masterson White

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—First Amendment And Freedom Of Speech—Public Employers Must Conduct A Reasonable Investigation To Determine If An Employee's Speech Is Protected Before Discharging The Employee Based Upon The Speech. Waters V. Churchill, 114 S. Ct. 1878 (1994)., D. Keith Fortner

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Twelve Angry People. Arkansas Constitution Guarantees Right To Trial By Jury Of Twelve Persons In Criminal Cases. Byrd V. State, 317 Ark. 609, 879 S.W.2d 435 (1994)., Timothy N. Holthoff

University of Arkansas at Little Rock Law Review

No abstract provided.

The Law Of Patronage At A Crossroads, Cynthia Grant Bowman

Cornell Law Faculty Publications

No abstract provided.

Treading On Sacred Ground: Congress's Power To Subject White House Advisers To Senate Confirmation, Douglas S. Onley

William & Mary Law Review

No abstract provided.

Introduction: Macro And Micro Evaluation Of The Federalization Of Crime, Gerald G. Ashdown

West Virginia Law Review

No abstract provided.

The Constitution As An Obstacle To Government Ethics - Reformist Legislation After National Treasury Employees Union, George D. Brown

William & Mary Law Review

No abstract provided.

Exxon Shipping, The Power To Subpoena Federal Agency Employees, And The Housekeeping Statute: Cleaning Up The Housekeeping Privilege For The Chimney-Sweeper's Benefit, Jason C. Grech

William & Mary Law Review

No abstract provided.

The Meaning Of The "Unnecessary Rigor" Provision In The Utah Constitution, James G. Mclaren

Brigham Young University Journal of Public Law

No abstract provided.

Five Supreme Court Constitutions: Race-Based Scrutiny Past, Present, And Future, David Zimmerman

Brigham Young University Journal of Public Law

No abstract provided.

Paranoia, Patriotism, And The Citizen Militia Movement: Constitutional Right Or Criminal Conduct?, R.J. Larizza

Mercer Law Review

As this country rushes towards the twenty first century, a growing cloud of civil unrest has found its way into the hearts of many Americans. In a bold move to challenge the power of the federal government, a significant number of American citizens have sought refuge from perceived government injustice by forming citizen militias. These self styled militia groups fear that the liberties guaranteed by the United States Constitution are rapidly evaporating in the wake of a federal government that has grown too large and powerful. For example, while addressing the Senate Subcommittee on terrorism, Norman Olson (Commander of the …

Freedom Of Information Statutes: The Unfulfilled Legacy, Laura Schenck

Federal Communications Law Journal

When members of a state legislature debated and then voted on a controversial amendment to the state budget, the legislative clerk denied two reporters from a local newspaper access to a record of the roll call votes. The state supreme court upheld the denial in the face of a Freedom of Information (FOI) request. This example illustrates the shortcomings of most freedom of information statutes; in most cases, the legislative branch has quietly exempted itself from disclosure requirements. Consequently, voters at both the state and federal level are not legally entitled to know how their representatives have voted.

The Author …

A Critical Analysis Of Constitutional Claims For Same-Sex Marriage, Lynn D. Wardle

BYU Law Review

No abstract provided.

People V. Bennett: Analytic Approaches To Recognizing A Fundamental Parental Right Under The Ninth Amendment, Daniel E. Witte

BYU Law Review

No abstract provided.

Adarand Constructors V. Pena: Madisonian Theory As A Justification For Lesser Constitutional Scrutiny Of Federal Race-Conscious Legislation, Russell N. Watterson Jr.

BYU Law Review

No abstract provided.

One Bite At The Apple: Reversals Of Convictions Tainted By Prosecutorial Misconduct And The Ban On Double Jeopardy, Rick A. Bierschbach

Michigan Law Review

This Note argues that the Double Jeopardy Clause bars retrial after reversals of convictions tainted by prosecutorial misconduct in the submission of evidence when two conditions are met: (1) the prosecutor intentionally introduced tainted evidence, and (2) excluding the tainted evidence would have left insufficient evidence at trial to support the defendant's conviction. This Note contends that this limited extension of double jeopardy protection is both mandated by the policies underlying the Double Jeopardy Clause and consistent with existing double jeopardy jurisprudence.

Consistently Inconsistent: The Supreme Court And The Confusion Surrounding Proportionality In Non-Capital Sentencing, Steven P. Grossman

All Faculty Scholarship

(Adapted by permission from 84 Ky. L. J. 107 (1995)) This article examines the Supreme Court's treatment of the Eighth Amendment with respect to claims of excessiveness regarding prison sentences. Specifically, it addresses the issue of whether and to what degree the Eighth Amendment requires that a punishment not be disproportional to the crime punished. In analyzing all of the modern holdings of the Court in this area, one finds significant fault with each. The result of this series of flawed opinions from the Supreme Court is that the state of the law with respect to proportionality in sentencing is …

Jurgen Habermas’S Theory Of Legal Discourse, Robert Alexy

Cardozo Law Review

Jurgen Habermas's discourse theory of law attempts to show that the ideal contents of the discourse principle can be realized within the institutional frame of a legal system. The result is a theory of the democratic constitutional state whose basic idea is the association and self-determination of free and equal consociates under the law. This theory is far more than a mere application of discourse theory to the law. Discourse theory, on the one hand, demands the institutionalization of a legal system for reasons internal to the theory. On the other hand, the positive law remains dependent on discourse theory …

Family Quarrel, Frank I. Michelman

Cardozo Law Review

In Chapter 6 of Between Facts and Norms, Jurgen Habermas examines what he calls the republican conception of lawmaking. He draws this conception, which he also styles "communitarian," partly from writings of this author that have in turn been much inspired by the works of Professor Habermas.

The Dynamics Of Constitutional Adjudication, Bernhard Schlink

Cardozo Law Review

Habermas determines the role and legitimacy of constitutional adjudication through three confrontations. First, he confronts both the liberal and the welfare-state paradigms of law, seeing constitutional adjudication move from the former to the latter. Habermas wants this move to arrive at a procedural paradigm of law. Second, he confronts a norm- and a value-oriented understanding of the constitution. Habermas indicates the dangers of the former and the merits of the latter, and attempts to show that principles, understood as norms, should guide constitutional adjudication. Third, he confronts the liberal and the republican views of the political and constitutional process, developing …

Constitutional Adjudication In Light Of Discourse Theory, András Sajó

Cardozo Law Review

In the last one hundred years the empirical consequences of applied rationality have destroyed the last remnants of the trust in reason (Vernunftvertrauen). Postmodern law suffers from its own contradictory trends, which may be cured according to social practices indicated by discourse theory. In Between Facts and Norms, Jurgen Habermas applies the theoretical scheme of communicative action in a specific argumentation context, namely to legal discourse.

Habermas's Ideal Paradigm Of Law, Gabriel Motzkin

Cardozo Law Review

It is a question that we have all considered: What is the function of critical theory after the implosion of Communism? More significantly, what can the basis of a critique of capitalist democracy be in the absence of a dogmatic alternative? Jurgen Habermas's answer is that the purpose of a critical theory of society is to provide a new basis of legitimacy for democracy. This issue-the provision of a new basis of legitimacy for democracy-is more significant after the collapse of Communism, not less; the demise of Socialism erodes the basis for the existence of liberal democracy, since liberal democracy …

Why Care? The Trouble With Social Rights, Günter Frankenberg

Cardozo Law Review

While not everybody will agree that social rights are good in general, the ranks of the "not-everybody" will fill when one wants to decide who needs which particular social rights. Even those who claim to be philosophically and practically supportive of the idea and the benefits of social rights find it difficult to come up with a strong argument for them and usually invoke vague or weak obligations to support the victims of capitalism or, if you will, the market society or the mere necessity to preserve social peace by a minimally redistributive social policy. Social scientists have plausibly claimed …

Turning Congress Into An Agency: The Propriety Of Requiring Legislative Findings, Harold J. Krent

All Faculty Scholarship

No abstract provided.

Race, Law And Justice: The Rehnquist Court And The American Dilemma , Paul Butler, Richard D. Kahlenberg, Roger Pilon, Robert S. Chang, David Kairys, Jamin B. Raskin, Charles J. Cooper, Phil Tajitsu Nash, Jeffret\Y Rosen, Adrienne D. Davis, Alexandra Natapoff, Katheryn K. Russell, Angela Jordan Newton, Burton Wechsler, Mark Hager, Clarence Page, Brenda Wright, Stuart Ishimaru, Frank R. Parker, Frank H. Wu

American University Law Review

No abstract provided.

Unexplainable On Grounds Other Than Race , David Kairys

American University Law Review

No abstract provided.

Affirmative (Re)Action: Anything But Race , Katheryn K. Russell

American University Law Review

No abstract provided.

The End Of Innocence Or Politics After The Fall Of The Essential Subject , Robert S. Chang

American University Law Review

No abstract provided.

Madisonian Multiculturalism, Alexandra Natapoff

American University Law Review

No abstract provided.

The Damaging Consequences Of The Rehnquist Court's Commitment To Color-Blindness Versus Racial Justice , Frank R. Parker

American University Law Review

No abstract provided.