This Article reflects on the anomaly of the superior court's decision in Sheff in light of this recent history and recommends that the Connecticut Supreme Court use an alternative, analytical framework based on the Connecticut Constitution to decide the Sheff appeal. This independent approach is equally available to all state courts seeking to resolve fundamental issues under their own constitutions. Only by speaking in a clear, state voice can state courts balance the constitutional vision of the federal courts and fulfill the promise of the state constitutional law movement.

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The Impact Of United States V. Lopez Upon Selected Firearms Provisions Of Title 18 U.S.C. 922, Carlo D'Angelo Jan 1996

The Impact Of United States V. Lopez Upon Selected Firearms Provisions Of Title 18 U.S.C. 922, Carlo D'Angelo

St. Thomas Law Review

This Note will examine the Court's holding in Lopez and discuss how it may impact jurisdiction over other selected federal firearm statutes. Part I traces the development of the Interstate Commerce Clause through a brief analysis of its history. Part II discusses the Supreme Court's majority holding in Lopez, while Part III analyzes the holding's possible impact upon other selected federal firearm statutes.

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Removing A Brick From The Jeffersonian Wall Of Separationism: A Per Se Rule For Private Religious Speech In Public Fora, Ryan W. Decker Jan 1996

Removing A Brick From The Jeffersonian Wall Of Separationism: A Per Se Rule For Private Religious Speech In Public Fora, Ryan W. Decker

Villanova Law Review (1956 - )

No abstract provided.

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Contributory Negligence, Comparative Negligence, And Stare Decisis In North Carolina, Steven Gardner Jan 1996

Contributory Negligence, Comparative Negligence, And Stare Decisis In North Carolina, Steven Gardner

Campbell Law Review

Part I of this article examines the contributory negligence doctrine and its history in the United States and North Carolina. Part II describes some of the criticism levelled at the contributory negligence doctrine. Part III examines the comparative negligence doctrine, including a-description of the types of comparative negligence systems, a history of the doctrine, and a look at the history of comparative negligence bills in the North Carolina General Assembly, concentrating on the several comparative negligence bills introduced in the 1980s and one of the principal arguments made against the bills. Part IV discusses North Carolina's stare decisis jurisprudence and …

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Equal Protection For Non-Suspect Class Victims Of Governmental Misconduct: Theory And Proof Of Disparate Treatment And Arbitrariness Claims, J. Michael Mcguinness Jan 1996

Equal Protection For Non-Suspect Class Victims Of Governmental Misconduct: Theory And Proof Of Disparate Treatment And Arbitrariness Claims, J. Michael Mcguinness

Campbell Law Review

This article provides an overview of cases exploring non-traditional equal protection principles. In particular, it outlines Esmail v. Macrane, a decision of the Seventh Circuit Court of Appeals. Esmail better explains how equal protection is not limited to suspect classes, but applies to all individuals regardless of race, gender or other classification. The article also explores other equal protection theories such as selective enforcement, disparate treatment and gross abuse of power cases. Finally, this article develops a practical proof analysis to illustrate what can be offered to demonstrate improper intent for purposes of establishing an equal protection violation.

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