Constitutional Law Commons^™

Right To Counsel, Court Of Appeals: People V. Carracedo

Touro Law Review

No abstract provided.

Search And Seizure, Court Of Appeals: People V. Turriago

Touro Law Review

No abstract provided.

Search And Seizure, Supreme Court, Appellate Division, Second Department: People V. King

Touro Law Review

No abstract provided.

Deception In Political Advertising: The Clash Between The First Amendment And Defamation Law, Evan Richman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Striking The Rock: Confronting Gender Equality In South Africa, Penelope Andrews

Articles & Chapters

This Article analyzes the status of women's rights in the newly democratic South Africa. It examines rights guaranteed in the Constitution and conflicts between the principle of gender equality and the recognition of indigenous law and institutions. The Article focuses on the South African transition to democracy and theinfluence that feminist agitation at the international level has had on South African women's attempts at political organization. After dissecting the historical position of customary law in South Africa and questioning its place in the new democratic regime, the author argues that, although South African women have benefited from the global feminist …

Institutional Analysis And Physicians’ Rights After Vacco V. Quill, Larry I. Palmer

Cornell Law Faculty Publications

No abstract provided.

Schoolhouses, Courthouses, And Statehouses: Educational Finance, Constitutional Structure, And The Separation Of Powers Doctrine, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

The Constitutionalization Of Law In The United States, Richard Kay, William B. Fisch

Faculty Articles and Papers

The United States may be the prime example of constitutionalization of the legal order. It was the first system (though no longer the only one) to make its written constitution directly applicable law, superior to all other sources of law, in all courts. A corollary to this legalization of the constitution is that the federal courts and a majority of state court systems will only entertain a constitutional claim in the context of a concrete dispute involving adversary parties with a specific stake in the outcome, and abstract review in these systems is unknown.

Compensation And The Interconnectedness Of Property, Thomas W. Merrill

Faculty Scholarship

Professor Joseph Sax's scholarship on the Takings Clause combines the craft of a first-class lawyer with the passion of a visionary. The good lawyer that he is, Sax's scholarship reflects a deep understanding of Supreme Court case law, legal history, and the practical dimensions of various kinds of land use disputes. Yet his work on takings is not animated by any desire for mere doctrinal tidiness. It is driven by a distinctive vision – one in which the earth's resources are becoming increasingly interconnected and in which there is an increasing need for the government to resolve conflicts regarding the …

Does The Constitution Require That We Kill The Competitive Goose? Pricing Local Phone Services To Rivals, William J. Baumol, Thomas W. Merrill

Faculty Scholarship

This Article concludes a series by these authors and Professors J. Gregory Sidak and Daniel F. Spulber, published last year in this journal. Here, Professors Baumol and Merrill address the issues surrounding the pricing of local phone services to long distance rivals, clarifying their points of agreement and disagreement with Sidak and Spulber. In their previous articles, Sidak and Spulber argued that the movement toward competition in local telephone service should be accompanied by substantial compensation to existing local telephone carriers, a view that Baumol and Merrill do not share. Rather, they note three points of disagreement between Sidak and …

El Principio De "La Alternativa Menos Restrictiva" En Derecho Constitucional Norteamericano, Robert Bastress Jr.

Law Faculty Scholarship

No abstract provided.

All Or Nothing, Or Maybe Cooperation: Attorney General Power, Conduct, And Judgment In Relation To The Work Of An Independent Counsel, John Q. Barrett

Faculty Publications

This Article considers the allocation of power under the independent counsel law between the Attorney General along with the Department of Justice and the independent counsel whose appointment the Attorney General has triggered. Although the law explicitly transfers much of an Attorney General's lawful power to an independent counsel, it does not go far enough in reallocating that power. Thus, it leaves a fundamental gap between what the current statute purports independent counsel to be and what it actually empowers independent counsel to accomplish. After an introduction in Part I, Part II of this article reviews the current legal provisions, …

Reconciliation And The Fiscal Constitution: The Anatomy Of The 1995-96 Budget "Train Wreck", Anita S. Krishnakumar

Faculty Publications

Congress originally conceived of the budget reconciliation process as a minor fallback mechanism for bringing one year's tax and spending policy in line with overall budget targets. Reconciliation has since become central to congressional efforts to reduce the federal budget deficit. This Note argues, however, that reconciliation is limited in its capacity to impel significant budgetary reform. The author demonstrates how, in 1995-96, reconciliation caused repeated breakdowns in governmental budget-making, undermining the entire budget process. The author concludes that the legal, institutional, and political constraints inherent in the reconciliation process will continue to constitute powerful obstacles to congressional efforts to …

Deciding The Stop And Frisk Cases: A Look Inside The Supreme Court's Conference, John Q. Barrett

Faculty Publications

In our system of constitutional decision-making, the Supreme Court makes law as an institution in its formal written opinions. The Court and its individual members make their official legal marks in the printed pages of the United States Reports. In June 1968, in Terry v. Ohio and Sibron v. New York, the two decisions that approved the constitutionality under the Fourth Amendment of police stop and frisk practices, the Court filled many official pages with rich discussion. Over the ensuing thirty years, these Court and individual opinions have shaped the course of constitutional analysis in our courts and guided the …

The Street Locations: Downtown Cleveland, October 31, 1963, John Q. Barrett

Faculty Publications

This appendix to Deciding the Stop and Frisk Cases: A Look Inside the Supreme Court’s Conference, 72 St. John’s L. Rev. 749 (1998), consists of a map drawn by Jill Dinneen (SJU Law '99), based on Sanborn maps from the 1950s and 1960s, photographs and eyewitness descriptions of downtown Cleveland then and now; and a key to marked locations on the map.

State Of Ohio V. Richard D. Chilton And State Of Ohio V. John W. Terry: The Suppression Hearing And Trial Transcripts, John Q. Barrett

Faculty Publications

This appendix to Deciding the Stop and Frisk Cases: A Look Inside the Supreme Court’s Conference, 72 St. John’s L. Rev. 749 (1998), includes Biographical Information on the Participants in the Case; and transcripts of the complete pretrial and trial proceedings in the 1964 criminal prosecutions of Richard Chilton and John Terry, arranged by Prof. Barrett to create the organization reflected in the Table of Contents at the beginning of the appendix. Footnotes were added to provide citations and, in a few instances, to clarify the text. Bracketed material was added to correct obvious slips of the tongue or the …

Chancellor Kent And The Search For The Elements Of Impeachable Offenses, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Southern Character, Confederate Nationalism, And The Interpretation Of State Constitutions: A Case Study In Constitutional Argument, James A. Gardner

Journal Articles

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

The Clean Air Act Amendments Of 1990 And An Unbridled Spending Power: Will They Survive On The Supreme Court's Road To Substantive Federalism, Mark A. Miller

Cleveland State Law Review

The question remains as to how far the Supreme Court will go in its refortification of the Tenth Amendment. This Note explores emerging federalism trends and evaluates the CAA in light of a stronger state sovereignty that is appearing on the constitutional horizon. Parts II and III examine the CAAA and the constitutional problems engendered by the Act. Part IV examines current Tenth Amendment and Spending Clause jurisprudence, and illustrates that the CAAA is a classic example of how Congress has been able to circumvent the Tenth Amendment with its Spending power. Part V presents a new view of federalism …

Lisa Herdahl And Religious Liberty , Nadine Strossen

Cleveland State Law Review

Introduction of the ACLU’s Roger Baldwin Medal of Liberty Award honoree, detailing her specific struggle and outlining the larger national picture her case reflected.

The Future Of Affirmative Action: The Legal Imperative Nationally And The Ohio Experience, Jack P. Desario, Thomas L. Colaluca, Gina A. Kuhlman

Cleveland State Law Review

This presentation of the legal future of affirmative action will be divided into five sections. The introductory material serves as a general introduction to the issues. The second section will review the origins and evolution of affirmative action. This section will also attempt to provide a definition of this complex concept. The third will provide a detailed analysis of Regents of the University of California v. Bakke. Bakke represents the Supreme Court's first attempt to resolve the legal complexities of affirmative action. The Court's holdings in Bakke have shaped the debate for over 20 years. The fourth segment of this …

Prosecutorial Misconduct In Closing Argument In Arkansas Criminal Trials, J. Thomas Sullivan

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Single Hiring Decisions And Municipal Entities: The United States Supreme Court's Latest Safeguard Against Municipal Liability Under 42 U.S.C. §1983. Board Of The County Comm'rs V. Brown, 117 S. Ct. 1382 (1997)., J. Matthew Mauldin

University of Arkansas at Little Rock Law Review

No abstract provided.

Batson Ethics For Prosecutors And Trial Court Judges, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

The Frankenstein Controversy: The Constitutionality Of A Federal Ban On Cloning, Anne Lawton

Kentucky Law Journal

No abstract provided.

Inculcating Constitutional Values, William K. Kelley

Journal Articles

CONSTITUTIONAL LAW. By Gerald Gunther & Kathleen M. Sullivan. Westbury, New York: Foundation Press. 13th edition, 1997. Pp. xciii, 1553. Cloth, $55.95.

CONSTITUTIONAL LAW. By Geoffrey R. Stone, Louis M. Seidman, Cass R. Sunstein, & Mark V. Tushnet. Boston: Aspen Law and Business Education. 3d Edition, 1996. Pp. ciii, 1814. Cloth, $60.00.

The two leading casebooks on Constitutional Law - one an acknowledged classic and the other fast on its way to becoming one - were recently released in new editions at a time when the challenges facing casebook authors seem greater than ever. Despite the Supreme Court's …

Children's Rights And Family Autonomy In The South African Context: A Comment On Children's Rights Under The Final Constitution, Tshepo L. Mosikatsana

Michigan Journal of Race and Law

This Article investigates the nature and extent of the protection granted to children's rights in the South African Constitution. It concludes that the child-centered approach of the Constitution entitles children, as independent actors, to certain fundamental rights. Acknowledging both the parent-centered nature of the existing South African legal framework and the entrenched support for practices, many rooted in indigenous law and tradition, that contribute to the oppression of children, the author argues that the constitutionalization of these rights will contribute to the betterment of children in South Africa, proving to be more than mere moral exhortation. Under apartheid in South …

Early Patent Publication: A Boon Or Bane? A Discussion On The Legal And Economic Effects Of Publishing Patent Applications After 18 Months Of Filing, John F. Duffy, Hayden Gregory, Robert Rines, Herbert Wamsley, Douglas Wyatt

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Mandating English Proficiency For College Instructors: States' Responses To "The Ta Problem", Kenneth King

Vanderbilt Journal of Transnational Law

This Note examines the background, provisions, effects, and constitutionality of state legislation mandating English proficiency assessment for college instructors. Such legislation responds to complaints about the comprehensibility of international instructors--particularly teaching assistants--at U.S. colleges and universities. U.S. universities employ large numbers of international instructors in scientific, technical, and business fields. Such employment is only one aspect of a broader U.S. importation of scientific and technical talent. This Note first considers the background and legitimacy of complaints about international instructors, and then examines the background and details of specific state provisions. It discusses the statutes' effects and particular concerns they raise, …