Constitutional Law Commons^™

Specific Agreements About Race: A Response To Professor Sunstein, Sheri Johnson

Cornell Law Faculty Publications

No abstract provided.

Yoder And The Question Of Equality, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

Property: A Special Right, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

Assessing The Efficacy Of School Desegregation, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

"Originalist" Values And Constitutional Interpretation, Richard Kay

Faculty Articles and Papers

No abstract provided.

State And Federal Constitutional Law Developments, Rosalie Levinson

Law Faculty Publications

No abstract provided.

Residential Zoning Regulations And The Perpetuation Of Apartheid, Janai S. Nelson

Faculty Publications

In January of 1996, the South African Parliament ratified the long-awaited Land Reform (Labour Tenants) Bill, which has engendered heated controversy since its inception. For many, the success of the Land Reform Bill portends the economic and political future of South Africa and is a gauge of apartheid's vital signs. Without land, most South Africans would remain in the same impoverished and disenfranchised conditions that they were in under the apartheid regime. With land, however, South Africans have an improved chance to achieve economic equality. Land reform and land use have become particularly crucial issues in light of President Mandela's …

Liberty Without Equality: The Property-Rights Connection In A Negative Citizenship Regime, David Abraham

Articles

Why, in comparison with other liberal capitalist democracies, is the social welfare state so poorly anchored in American law and public discourse? Surely American political and social history have contributed much to the weakness of our "social state." But law, too, has played a significant material, as well as ideological, role and has provided the terrain for much of our social development. This essay explores the particular contribution of the property-liberty nexus to the stunted development of positive liberty and social citizenship in the United States. It traces this connection from the natural rights and bourgeois Founders through several key …

When Titans Clash - The Limits Of Constitutional Adjudication, Alan N. Young

Articles & Book Chapters

The newspaper headline read: "Court rules against rape victims: Advocates shocked as judges give accused right to demand private counselling records." I Once again, members of the public are left with the impression that the Supreme Court of Canada has awarded the spoils of battle to the accused at the expense of sexual assault complainants. In this comment, I hope to demonstrate two critical points. First, in fairness to the court, it cannot be asserted that the court has afforded sexual assault victims less protection than other victims and/or witnesses who have legitimate expectations of informational privacy which they wish …

Shut Up And Vote: A Critique Of Deliberative Democracy And The Life Of Talk, James A. Gardner

Journal Articles

No abstract provided.

The More Things Change…: Superficial State Constitutional Analysis At The New York Court Of Appeals, James A. Gardner

Journal Articles

No abstract provided.

The "States-As-Laboratories" Metaphor In State Constitutional Law, James A. Gardner

Journal Articles

No abstract provided.

Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski

Faculty Scholarship

A plurality on the Supreme Court seeks to establish a state-sovereignty based theory of federalism that imposes sharp limitations on Congress's legislative powers. Using history as authority, they admonish a return to the constitutional "first principles" of the Founders. These "first principles," in their view, attribute all governmental authority to "the consent of the people of each individual state, not the consent of the undifferentiated people of the Nation as a whole." Because the people of each state are the source of all governmental power, they maintain, "where the Constitution is silent about the exercise of a particular power-that is, …

On The Abolition Of Man: A Discussion Of The Moral And Legal Issues Surrounding The Death Penalty, Thomas J. Walsh

Cleveland State Law Review

This article examines the moral and practical arguments supporting the death penalty in an effort to show why the United States should join other Western nations in the abolition of the death penalty. First, this article explores the historical context of the death penalty in the United States and examines the current status of constitutional doctrine on the death penalty. Next, because an analysis of the arguments for and against the death penalty are invariably charged with moral issues, an effort will be made to examine the moral aspects of the death penalty. The arguments offered in support of the …

Judicial Reform Of Habeas Corpus: The Advocates' Lament, Christopher E. Smith

Cleveland State Law Review

The U. S. Supreme Court has engineered significant changes in habeas corpus procedures. Any change in law or public policy has consequences for the human beings whose lives come into contact with the changed law or policy. Critics have accused the Rehnquist Court of "dismantling access to federal habeas corpus review guaranteed by statute since 1867." As a result, concerns have emerged regarding the consequences for potential petitioners whose claims can no longer be reviewed by federal judges. While the fate of death row inmates is the most important consequence of habeas corpus reform, anecdotal reports on these controversial cases …

Branding The Sexual Predator: Constitutional Ramifications Of Federal Rules Of Evidence 413 Through 415, Margaret C. Livnah

Cleveland State Law Review

This Note seeks to address both the potential constitutional consequences of the newly passed Federal Rules of Evidence 413 and 414 and the problems that these revisions were designed to remedy. Section II will introduce the history of the passage of these controversial revisions as primarily a political process and one which bypassed the standard rules of practice. Section III will address the procedural violations and the troubling inconsistency of the new rules with the federal courts' interpretation of the other Federal Rules of Evidence. Section IV of this Note will address the substantive constitutional issues presented by these amendments, …

Noam Chomsky And Judicial Review, James G. Wilson

Cleveland State Law Review

This Commentary will consider four authorities who are hardly considered standard-bearers of the Left: Aristotle, Edmund Burke, James Madison, and Justice Oliver Wendell Holmes. Insights from Aristotle, Burke, Madison, Holmes, and Chomsky will be combined into following set of propositions: (1) the Supreme Court has a constitutional and historical obligation to resist tyranny and other forms of constitutional perversion and factionalism; (2) the Supreme Court has a unique duty and capacity to combat abuses of private power; (3) private corporations and the well-to-do have gained so much power that they have become a dangerous faction that is turning our government …

Takings And The Nature Of Property, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

The Flow Control Of Solid Waste And The Commerce Clause: Carbone And Its Progeny, John Turner

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Rationalizing The Constitution, Steven D. Smith

University of Colorado Law Review

No abstract provided.

Supplementing The Assumed Definitions: A Commentary On Professor Brownstein's Analysis Of Abortion Protest Restrictions, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

No abstract provided.

H. Jefferson Powell On The American Constitutional Tradition: A Conversation, Thomas L. Shaffer, John H. Robinson

Journal Articles

Jefferson Powell's recent book, The Moral Tradition of American Constitutionalism, was the point of departure for a series of short papers and conversations held in March of 1996 at the Notre Dame Law School.

The conversation began with a presentation by Professor Joseph Vining. His remarks were followed by a free-flowing conversation, loosely orchestrated by Professor Robinson, among the participants. After a break, the conversation was restarted with a presentation by Professor Maura Ryan, followed once again by a loosely orchestrated conversation. We turn first to Joseph Vining.

Dean V. The District Of Columbia: Goin' To The Chapel And We're Gonna Get Married, Heather Hodges

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Dutch Treats: The Lessons The U.S. Can Learn From How The Netherlands Protects Lesbians And Gays, Astrid A.M Mattijssen, Charlene L. Smith

American University Journal of Gender, Social Policy & the Law

No abstract provided.

From Expertise To Politics: The Transformation Of American Rulemaking, Peter L. Strauss

Faculty Scholarship

In this speech to be given on November 15, 1996, as the American contribution to the week-long conference on administrative law sponsored by the Fundaci6n Estudios de Derecho Administrativo in Caracas, Venezuela, Professor Peter L. Strauss addresses the history and developing political character of rulemaking in federal law over the fifty years since enactment of the Administrative Procedure Act. As a framework, Professor Strauss sets forth a hierarchy of institutional rulemaking, from constitution through informal advising. He then develops his discussion of rulemaking by tracing the federal process of rulemaking through time, beginning with the enactment of the Administrative Procedure …

Copyright Duration Extension And The Dark Heart Of Copyright, Marci A. Hamilton

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Social Engineers With Jds, Gerard V. Bradley

Journal Articles

Stephen B. Presser: Recapturing the Constitution: Race, Religion, and Abortion Reconsidered. (Washington, DC: Regnery Publishing, 1994. Pp. xiv, 398. $24.95.)

With Recapturing the Constitution Steven Presser has launched a heat-seeking missile. It is, he confesses without contrition, "politically incorrect," "the same sort of exercise Allan Bloom was attempting in Closing of the American Mind" (pp. 12, 11). Presser aims to diagnose what ails our constitutional law as Bloom did our universities and culture. Presser argues that constitutional law is very sick indeed, and that it threatens to kill our body politic.

Reformulating The New York City Landmarks Preservation Law's Financial Hardship Provision: Preserving The Big Apple, Cindy Moy

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Blocking Preemption: Convergence, Privacy, And The Fcc's Misguided Regulation Of Caller Id, Laura V. Eng

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Art Of Making Law From Other People's Art, Bruce Rogow

Cardozo Arts & Entertainment Law Journal

No abstract provided.