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Articles 31 - 60 of 452
Full-Text Articles in Constitutional Law
Constitutional Law—Arkansas's Nondelegation Doctrine: The Arkansas Supreme Court Defines A Limit On The Delegation Of Legislative Authority To A Private Party. Leathers V. Gulf Rice Arkansas, Inc., 338 Ark. 425, 994 S.W.2d 481 (1999)., Benjamin Mccorkle
University of Arkansas at Little Rock Law Review
No abstract provided.
Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric B. Easton
Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric B. Easton
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—First Amendment—Does The Right To Free Speech Trump The Right To Worship? Olmer V. City Of Lincoln, 192 F.3d 1176 (8th Cir. 1999)., Patti Stanley
University of Arkansas at Little Rock Law Review
No abstract provided.
The New World Of News Media, David Broder
The New World Of News Media, David Broder
University of Arkansas at Little Rock Law Review
No abstract provided.
Privacy And The Press In The New Millennium: How International Standards Are Driving The Privacy Debate In The United States And Abroad, Jane E. Kirtley
Privacy And The Press In The New Millennium: How International Standards Are Driving The Privacy Debate In The United States And Abroad, Jane E. Kirtley
University of Arkansas at Little Rock Law Review
No abstract provided.
Digital Replicas Of Celebrities: Copyright, Trademark, And Right Of Publicity Issues, Joseph J. Beard
Digital Replicas Of Celebrities: Copyright, Trademark, And Right Of Publicity Issues, Joseph J. Beard
University of Arkansas at Little Rock Law Review
No abstract provided.
The Better Means Of Preserving Free Expression: Thoughts On Vigilance, Responsibility, Stewardship, Journalism Education, And The Demise Of Value Systems, Don E. Tomlinson
The Better Means Of Preserving Free Expression: Thoughts On Vigilance, Responsibility, Stewardship, Journalism Education, And The Demise Of Value Systems, Don E. Tomlinson
University of Arkansas at Little Rock Law Review
No abstract provided.
Food Lion As Reform Or Revolution: "Publication Damages" And First Amendment Scrutiny, Susan M. Gilles
Food Lion As Reform Or Revolution: "Publication Damages" And First Amendment Scrutiny, Susan M. Gilles
University of Arkansas at Little Rock Law Review
No abstract provided.
All Monica, All Of The Time: The 24-Hour News Cycle And The Proof Of Culpability In Libel Actions, David A. Logan
All Monica, All Of The Time: The 24-Hour News Cycle And The Proof Of Culpability In Libel Actions, David A. Logan
University of Arkansas at Little Rock Law Review
No abstract provided.
Court Decisions As Information Sources For Journalists: How Journalists Can Better Cover Appellate Decisions, F. Dennis Hale
Court Decisions As Information Sources For Journalists: How Journalists Can Better Cover Appellate Decisions, F. Dennis Hale
University of Arkansas at Little Rock Law Review
No abstract provided.
Wake Up And Smell The Contraband: Why Courts That Do Not Find Probable Cause Based On Odor Alone Are Wrong, Michael A. Sprow
Wake Up And Smell The Contraband: Why Courts That Do Not Find Probable Cause Based On Odor Alone Are Wrong, Michael A. Sprow
William & Mary Law Review
No abstract provided.
Disentangling Deregulatory Takings, Jim Rossi, Susan G. Rose-Ackerman
Disentangling Deregulatory Takings, Jim Rossi, Susan G. Rose-Ackerman
Vanderbilt Law School Faculty Publications
Constitutional takings protections, such as those in the Fifth Amendment of the United States Constitution, create a potential for state liability for changes in regulatory policy by governments. This Article critiques takings jurisprudence in the context of two infrastructure investment issues: the stranded cost problem facing United States utility industries, which has given rise to claims of compensation for deregulatory takings; and the development of standards to protect direct foreign investment in developing countries. In both contexts, traditional legal doctrines do not adequately provide for the type of remedy sought so courts are in need of standards to assist them …
Does The Solicitor General Advantage Thwart The Rule Of Law In The Administrative State?, Jim A. Rossi
Does The Solicitor General Advantage Thwart The Rule Of Law In The Administrative State?, Jim A. Rossi
Vanderbilt Law School Faculty Publications
Linda Cohen and Matthew Spitzer's study, "The Government Litigant Advantage," sheds important light on how the Solicitor General's litigation behavior may impact the Supreme Court's decision making agenda and outcomes for regulatory and administrative law cases. By emphasizing how the Solicitor General affects cases that the Supreme Court decides, Cohen and Spitzer's findings confirm that administrative law's emphasis on lower appellate court decisions is not misplaced. Some say that D.C. Circuit cases carry equal-if not more-precedential weight than Supreme Court decisions in resolving administrative law issues. Cohen and Spitzer use positive political theory to provide a novel explanation for some …
Angry White Males: The Equal Protection Clause And "Classes Of One", Timothy Zick
Angry White Males: The Equal Protection Clause And "Classes Of One", Timothy Zick
Faculty Publications
No abstract provided.
Federalism And Foreign Affairs: Congress's Power To "Define And Punish...Offenses Against The Law Of Nations", Beth Stephens
Federalism And Foreign Affairs: Congress's Power To "Define And Punish...Offenses Against The Law Of Nations", Beth Stephens
William & Mary Law Review
No abstract provided.
Takings, Efficiency, And Distributive Justice: A Response To Professor Dagan, Glynn S. Lunney Jr.
Takings, Efficiency, And Distributive Justice: A Response To Professor Dagan, Glynn S. Lunney Jr.
Michigan Law Review
In A Critical Reexamination of the Takings Jurisprudence, I addressed an efficiency problem that arises when the government attempts to change property rights in a manner that burdens a very few for the benefit of the very many. Specifically, in the absence of compensation, the collective action advantage of the few in organizing to oppose the proposed measure will often give them a decided edge against the many. As a result of that advantage, the few will too often be able to persuade the legislature not to act, even when an objective evaluation of the proposal's costs and benefits would …
The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley
The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley
Michigan Law Review
In an article published in this Review two years ago, I described and critiqued what I called the "nationalist view" of the treaty power. Under this view, the national government has the constitutional power to enter into treaties, and thereby create binding national law by virtue of the Supremacy Clause, without regard to either subject matter or federalism limitations. This view is reflected in the writings of a number of prominent foreign affairs law scholars, as well as in the American Law Institute's Restatement (Third) of Foreign Relations Law of the United States. In my article, I argued that this …
Assessing The New Judicial Minimalism, Christopher J. Peters
Assessing The New Judicial Minimalism, Christopher J. Peters
All Faculty Scholarship
In this article, which has been published in slightly revised form at 100 Colum. L. Rev. 1454 (2000), I critique some recently prominent arguments for "judicial minimalism" in constitutional decisionmaking. Current minimalist arguments, I contend, are primarily "policentric," that is, focused on the role the judiciary can play in bolstering the accountability and deliberativeness of the political branches. Drawing in part on a previous article, I offer an alternative approach to minimalism that is "juricentric" - focused on the inherent democratic legitimacy of the adjudicative process and the unique competence of that process to produce decisions about individual rights. I …
Public Service, Ethics, And Constitutional Practice, James E. Moliterno
Public Service, Ethics, And Constitutional Practice, James E. Moliterno
Faculty Publications
No abstract provided.
The Jurisprudence Of Tradition And Justice Scalia's Unwritten Constitution, J. Richard Broughton
The Jurisprudence Of Tradition And Justice Scalia's Unwritten Constitution, J. Richard Broughton
West Virginia Law Review
No abstract provided.
Guns, Extremists, And The Constitution, Calvin Massey
Guns, Extremists, And The Constitution, Calvin Massey
Washington and Lee Law Review
No abstract provided.
Checking Congress And Balancing Federalism: A Lesson From Separation-Of-Powers Jurisprudence, Keith Werham
Checking Congress And Balancing Federalism: A Lesson From Separation-Of-Powers Jurisprudence, Keith Werham
Washington and Lee Law Review
No abstract provided.
Rights And Rules: An Overview, Matthew D. Adler, Michael C. Dorf
Rights And Rules: An Overview, Matthew D. Adler, Michael C. Dorf
Cornell Law Faculty Publications
Prior to recent decades, the United States Supreme Court often invoked the political question doctrine to avoid deciding controversial questions of individual rights. By the 1970s and 1980s, standing limits traced to Article III’s case-or-controversy language had replaced the political question doctrine as the favored justiciability device. Although both political question and standing doctrines remain tools in the Court’s arsenal of threshold decision making,3 in the last decade the Court has turned with increasing frequency to the distinction between facial and as-applied challenges to perform the gatekeeping function. However, although there is a considerable body of scholarship concerning the conventional …
The Heterogeneity Of Rights, Michael C. Dorf
The Heterogeneity Of Rights, Michael C. Dorf
Cornell Law Faculty Publications
What is the implication for the validity of governmental rules of the conclusion that the rule interferes with a constitutional right? This question has implications for two important doctrinal puzzles. The first is the question when, if ever, a litigant has a constitutional right to an exemption from a generally valid rule of law. Many constitutional rights are rule-dependent in the sense that they protect actors against certain kinds of governmental rules rather than shielding acts against governmental interference. This Article denies the claim by scholars and judges that this rule-dependence reflects a deep truth about the nature of constitutional …
Rules And Judicial Review, Emily Sherwin
Rules And Judicial Review, Emily Sherwin
Cornell Law Faculty Publications
Judicial review of statutes on constitutional grounds is affected by a cluster of doctrinal practices that are generally accepted, but not very well explained, by the courts and not entirely consistent with each other. Courts usually judge statutes “as applied” rather than as written; they favor “severance” of valid applications of statutes from invalid or possibly invalid applications when possible; and they interpret statutes in ways that avoid constitutional difficulty. These overlapping practices presumably are intended to preserve legislation, and hence are associated with a modest conception of the role of courts in government. Yet they are not always modest …
Church And State In Western Europe And The United States: Principles And Perspectives, Sophie C. Van Bijsterveld
Church And State In Western Europe And The United States: Principles And Perspectives, Sophie C. Van Bijsterveld
BYU Law Review
No abstract provided.
Section 7: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin
Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin
Faculty Publications
No abstract provided.
John Marshall, Mcculloch V. Maryland, And The Southern States' Rights Tradition, R. Kent Newmyer
John Marshall, Mcculloch V. Maryland, And The Southern States' Rights Tradition, R. Kent Newmyer
Faculty Articles and Papers
No abstract provided.
Harmonic Convergence? Constitutional Criminal Procedure In An International Context, Diane Marie Amann
Harmonic Convergence? Constitutional Criminal Procedure In An International Context, Diane Marie Amann
Indiana Law Journal
No abstract provided.