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Constitutional Law Commons

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1998

Discipline
Institution
Keyword
Publication
Publication Type

Articles 121 - 150 of 446

Full-Text Articles in Constitutional Law

City Of Boerne V. Flores: A Landmark For Structural Analysis, Marci A. Hamilton Mar 1998

City Of Boerne V. Flores: A Landmark For Structural Analysis, Marci A. Hamilton

William & Mary Law Review

No abstract provided.


The Religious Freedom Restoration Act Is A Constitutional Expansion Of Rights, Erwin Chemerinsky Mar 1998

The Religious Freedom Restoration Act Is A Constitutional Expansion Of Rights, Erwin Chemerinsky

William & Mary Law Review

No abstract provided.


How Not To Challenge The Court, Neal Devins Mar 1998

How Not To Challenge The Court, Neal Devins

William & Mary Law Review

No abstract provided.


The Federalism Implications Of Flores, Stephen Gardbaum Mar 1998

The Federalism Implications Of Flores, Stephen Gardbaum

William & Mary Law Review

No abstract provided.


Justice O'Conner's Dilemma: The Baseline Question, Suzanna Sherry Mar 1998

Justice O'Conner's Dilemma: The Baseline Question, Suzanna Sherry

William & Mary Law Review

No abstract provided.


The Free Exercise Of Religion After The Fall: The Case For Intermediate Scrutiny, Rodney A. Smolla Mar 1998

The Free Exercise Of Religion After The Fall: The Case For Intermediate Scrutiny, Rodney A. Smolla

William & Mary Law Review

No abstract provided.


The Collision Of Rights In Violence-Conducive Speech, Frederick M. Lawrence Mar 1998

The Collision Of Rights In Violence-Conducive Speech, Frederick M. Lawrence

Cardozo Law Review

No abstract provided.


The Pentagon Papers - Victory For A Free Press, William R. Glendon Mar 1998

The Pentagon Papers - Victory For A Free Press, William R. Glendon

Cardozo Law Review

No abstract provided.


The Pentagon Papers Case And The Path Not Taken: A Personal Memoir On The First Amendment And The Separation Of Powers, Joel M. Gora Mar 1998

The Pentagon Papers Case And The Path Not Taken: A Personal Memoir On The First Amendment And The Separation Of Powers, Joel M. Gora

Cardozo Law Review

No abstract provided.


Conterm Ltd. V. Finance Ministry, Itzchak Zamir, Aharon Barak, Mishael Cheshin Feb 1998

Conterm Ltd. V. Finance Ministry, Itzchak Zamir, Aharon Barak, Mishael Cheshin

Translated Opinions

Facts: The petitioner acquired a license from the Customs Authority to operate a licensing warehouse on land in dispute between it and the Port and Train Authority. The Customs Authority asked for proof that the petitioner had a right in the land, as required by the regulations, and in return it received an agreement that did not appear to address such a right. The Customs Authority granted the license anyway. When it became aware of the dispute over the land, it refused to renew the license. The central question is whether the petitioner had a duty to disclose the existence …


The Supreme Court As An Enforcement Agency, Harold J. Krent Feb 1998

The Supreme Court As An Enforcement Agency, Harold J. Krent

All Faculty Scholarship

No abstract provided.


The Free Exercise Of Religion After The Fall: The Case For Intermediate Scrutiny, Rodney A. Smolla Feb 1998

The Free Exercise Of Religion After The Fall: The Case For Intermediate Scrutiny, Rodney A. Smolla

Scholarly Articles

Not available.


City Of Boerne V. Flores: A Landmark For Structural Analysis, Marci A. Hamilton Feb 1998

City Of Boerne V. Flores: A Landmark For Structural Analysis, Marci A. Hamilton

Articles

No abstract provided.


The Political Economy Of Cooperative Federalism: Why State Autonomy Makes Sense And "Dual Sovereignty" Doesn't, Roderick M. Hills Jr. Feb 1998

The Political Economy Of Cooperative Federalism: Why State Autonomy Makes Sense And "Dual Sovereignty" Doesn't, Roderick M. Hills Jr.

Michigan Law Review

It is commonplace to observe that "dual federalism" is dead, replaced by something variously called "cooperative federalism," "intergovernmental relations," or "marble-cake federalism." According to this conventional wisdom, state and local officials do not enforce merely their own laws in their distinct policymaking sphere. Rather, as analyzed in a voluminous literature, state and local governments also cooperate with the federal government in many policymaking areas, ranging from unemployment insurance to historic preservation. These nonfederal governments help implement federal policy in a variety of ways: by submitting implementation plans to federal agencies, by promulgating regulations, and by bringing administrative actions to enforce …


Congress, The Court, And The Constitution: Hearing Before The Subcommittee On The Constitution Of The Committee On The Judiciary, House Of Representatives, One Hundred Fifth Congress, Second Session, Charles T. Canady, Robert C. Scott, Louis Fisher, David P. Currie, Neal Devins, Neil Kinkopf, Nadine Strossen, Matthew J. Franck, Robert L. Clinton, Henry J. Hyde, Melvin L. Watt Jan 1998

Congress, The Court, And The Constitution: Hearing Before The Subcommittee On The Constitution Of The Committee On The Judiciary, House Of Representatives, One Hundred Fifth Congress, Second Session, Charles T. Canady, Robert C. Scott, Louis Fisher, David P. Currie, Neal Devins, Neil Kinkopf, Nadine Strossen, Matthew J. Franck, Robert L. Clinton, Henry J. Hyde, Melvin L. Watt

Congressional Testimony

No abstract provided.


State And Federal Constitutional Law Developments, Rosalie Levinson Jan 1998

State And Federal Constitutional Law Developments, Rosalie Levinson

Law Faculty Publications

No abstract provided.


Thirty-Five Years After Gideon: The Illusory Right To Counsel At Bail Proceedings, Douglas L. Colbert Jan 1998

Thirty-Five Years After Gideon: The Illusory Right To Counsel At Bail Proceedings, Douglas L. Colbert

Faculty Scholarship

No abstract provided.


Federalist Or Friends Of Adams: The Marshall Court And Party Politics, Mark A. Graber Jan 1998

Federalist Or Friends Of Adams: The Marshall Court And Party Politics, Mark A. Graber

Faculty Scholarship

No abstract provided.


Establishing A Federal Constitutional Right To A Healthy Environment In Us And In Our Posterity, Bruce Ledewitz Jan 1998

Establishing A Federal Constitutional Right To A Healthy Environment In Us And In Our Posterity, Bruce Ledewitz

Ledewitz Papers

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


Interpreting The Basic Law With Chinese Characteristics, James C. Hsiung Jan 1998

Interpreting The Basic Law With Chinese Characteristics, James C. Hsiung

Centre for Public Policy Studies : CPPS Working Paper Series

Written for the 29 November 1997 session of the Basic Law Series, sponsored by the University of Hong Kong Centre of Comparative and Public Law, in conjunction with the Hong Kong Bar Association. I am grateful for comments on an earlier draft graciously extended by Mr. Stephen Kai-yi Wong, Acting Solicitor General, HKSAR. Any remaining imperfections remain my sole responsibility.


The Original Understanding Of The Takings Clause, William Michael Treanor Jan 1998

The Original Understanding Of The Takings Clause, William Michael Treanor

Georgetown Environmental Law & Policy Institute Papers & Reports

The champions of the property rights movement claim that they are fighting to restore the original understanding of the Takings Clause of the Fifth Amendment. They invoke James Madison and other founding fathers as support for proposed statutes that require the federal government to pay property owners when it prevents them from harming the environment or jeopardizing the survival of endangered species. Wetlands regulation, it is often said, "takes" property by diminishing its value, and the founders adopted the Takings Clause to ensure that, when government regulations diminished the value of property, the owner would receive compensation. Increasing numbers of …


Whose Federalism, S. Elizabeth Malloy Jan 1998

Whose Federalism, S. Elizabeth Malloy

Faculty Articles and Other Publications

This Article examines briefly the Seminole Tribe and City of Boerne decisions. Part II then focuses on the ADA and the reasons why Congress made it applicable to government conduct as well as private conduct. Finally, Part III examines the argument, based on the new federalism, that the ADA should not apply to state entities. It does not appear that the Court's new federalism has had a liberty-enhancing effect for some of the most vulnerable persons in our society. The Court's revitalized federalism jurisprudence has led to questions about the continuing validity of many of our civil rights statutes as …


Legislative Efforts To Limit State Reproductive Privacy Rights, Charlene Carres Jan 1998

Legislative Efforts To Limit State Reproductive Privacy Rights, Charlene Carres

Florida State University Law Review

No abstract provided.


Clerk Fees: Legislation And Litigation, J. Marleen Ahearn Jan 1998

Clerk Fees: Legislation And Litigation, J. Marleen Ahearn

Florida State University Law Review

No abstract provided.


Florida's 1997 Chemical Castration Law: A Return To The Dark Ages, Larry Helm Spalding Jan 1998

Florida's 1997 Chemical Castration Law: A Return To The Dark Ages, Larry Helm Spalding

Florida State University Law Review

No abstract provided.


Constitutional Elitism - Some Skepticism About Dogmatic Assertions, Pamela S. Karlan, Daniel R. Ortiz Jan 1998

Constitutional Elitism - Some Skepticism About Dogmatic Assertions, Pamela S. Karlan, Daniel R. Ortiz

McGeorge Law Review

No abstract provided.


The Constituition In The Cave, Steven D. Smith Jan 1998

The Constituition In The Cave, Steven D. Smith

McGeorge Law Review

No abstract provided.


Comment, The Green Aspects Of Printz: The Revival Of Federalism And Its Implications For Environmental Law, Jonathan H. Adler Jan 1998

Comment, The Green Aspects Of Printz: The Revival Of Federalism And Its Implications For Environmental Law, Jonathan H. Adler

Faculty Publications

This Comment reviews the Printz decision in the context of the Supreme Court's recent federalism jurisprudence and assesses its implications for environmental law. Part I provides a brief historical overview of the federal-state relationship in the environmental context and recent Supreme Court decisions on federalism. Part II discusses and evaluates the Printz decision. Part III applies the Supreme Court holdings in Printz and related federalism cases to current environmental policies and identifies federal environmental programs that are constitutionally suspect. Finally, Part IV addresses the public policy concern that limiting the federal government's power in the environmental context will inevitably weaken …


Introduction: Symposium On Constitutional Elitism, Robert F. Nagel Jan 1998

Introduction: Symposium On Constitutional Elitism, Robert F. Nagel

McGeorge Law Review

No abstract provided.


Transferable Development Rights Trpa And Takings: The Role Of Tdrs In The Constitutional Takings Analysis, William Hadle Littlewood Jan 1998

Transferable Development Rights Trpa And Takings: The Role Of Tdrs In The Constitutional Takings Analysis, William Hadle Littlewood

McGeorge Law Review

No abstract provided.