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Constitutional Law Commons™

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2001

Discipline
Institution
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Publication
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Articles 211 - 240 of 435

Full-Text Articles in Constitutional Law

Examining The Lautenberg Amendment In The Civilian And Military Contexts: Congressional Overreaching, Statutory Vagueness, Ex Post Facto Violations, And Implementation Flaws, Jessica A. Golden Jan 2001

Examining The Lautenberg Amendment In The Civilian And Military Contexts: Congressional Overreaching, Statutory Vagueness, Ex Post Facto Violations, And Implementation Flaws, Jessica A. Golden

Fordham Urban Law Journal

The Lautenberg Amendment to the Gun Control Act of 1968 was passed in 1996 with the purpose of preventing gun-related domestic violence. The Lautenberg Amendment's passage raises unique commerce clause issues, and the amendment is possibly unconstitutional. Part I of the article examines the Commerce Clause (and Tenth Amendment) challenges to the Lautenberg Amendment. It provides the history of cases thus far failing to successfully challenge the constitutionality of the Lautenberg Amendment. It then discusses the Supreme Court's decision in Morrison v. Olson, that struck down the civil remedies provision of the Violence Against Women Act as a violation of …

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Shalala V. Illinois Council On Long Term Care: The United States Supreme Court Confounds The Crisis In Nursing Home Care With An Unneeded Jurisdictional Channeling Requirement, Marko W. Kipa Jan 2001

Shalala V. Illinois Council On Long Term Care: The United States Supreme Court Confounds The Crisis In Nursing Home Care With An Unneeded Jurisdictional Channeling Requirement, Marko W. Kipa

Journal of Health Care Law and Policy

No abstract provided.

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The Constitutional Legitimacy Of The Civil Provisions Of The Federal Wiretap Act - A Suggestion To The Supreme Court In The Case Of Bartnicki V. Vopper, Jess Gamiere Jan 2001

The Constitutional Legitimacy Of The Civil Provisions Of The Federal Wiretap Act - A Suggestion To The Supreme Court In The Case Of Bartnicki V. Vopper, Jess Gamiere

Cleveland State Law Review

Title III of the Federal Wiretap Act, as amended, remains the "primary law guarding the privacy of personal communication [among private citizens] in the United States." This piece of legislation will serve as the focal point of this Note. This Note will first discuss the history and context of the statute under which two cases have arisen. It will then survey various Supreme Court cases addressing the tension between the First Amendment and the right to privacy so as to provide the reader with a better understanding of the conflict between these two constitutional rights. Then it will outline and …

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With God All Things Are Possible, Including Finding Ohio's State Motto Constitutional Under The Establishment Clause Of The First Amendment, Christopher Pierre Jan 2001

With God All Things Are Possible, Including Finding Ohio's State Motto Constitutional Under The Establishment Clause Of The First Amendment, Christopher Pierre

Cleveland State Law Review

The current battle over Ohio's state motto, "With God All Things Are Possible," has brought the debate over the meaning and application of the Establishment Clause to the Sixth Circuit and sparked deep feelings on both sides of the issue. Establishment Clause of the First Amendment. This brief survey will reveal the continuing disagreements over the interpretation and application of the Establishment Clause while showing that history supports generalized references to God by the federal and state government. Part III will introduce the background and procedural history of the current case American Civil Liberties Union of Ohio v. Capitol Square …

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The South Won't Rise Again But It's Time To Study The Defunct Confederacy's Constitution, Ralph Michael Stein Jan 2001

The South Won't Rise Again But It's Time To Study The Defunct Confederacy's Constitution, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

The premise of this essay is not to espouse that the Southern ideological and constitutional theorists were correct. I propose, however, that an understanding of the historical basis of constitutional law, and a recognition of evolving doctrinal issues of Federalism, will enhance law school curriculum. Presentation of these topics dictates the introduction of the Confederate Constitution into the curriculum of required courses and electives. This effort, I propose, would be a prudent step, to be amply repaid in terms of higher understanding and scholarly benefit.

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Board Of Trustees Of The University Of Alabama V. Garrett: A Flawed Standard Yields A Predictable Result, Mark A. Johnson Jan 2001

Board Of Trustees Of The University Of Alabama V. Garrett: A Flawed Standard Yields A Predictable Result, Mark A. Johnson

Maryland Law Review

No abstract provided.

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The Correction Of Wrongful Convictions: A Comparative Perspective, Lissa Griffin Jan 2001

The Correction Of Wrongful Convictions: A Comparative Perspective, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

This Article analyzes the different modes in which two facially similar adversarial systems remedy wrongful convictions. Part I briefly examines the origins of wrongful convictions in both England and the United States. Part II describes the appellate processes in the two countries for correcting wrongful convictions. Part III addresses the processes for correcting wrongful convictions after the appellate processes have been completed. Part IV critiques the English process and examines whether aspects of that process may be carried over to the United States.

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The Asymmetry Of State Sovereign Immunity, Richard Henry Seamon Jan 2001

The Asymmetry Of State Sovereign Immunity, Richard Henry Seamon

Articles

This Article discusses whether a State has sovereign immunity from claims for just compensation. The Article concludes that the States are indeed immune from just compensation suits brought against them in federal court; States are not necessarily immune, however, from just-compensation suits brought against them in their own courts of general jurisdiction. Thus, the States' immunity in federal court is not symmetrical to the States' immunity in their own courts. This asymmetry, the Article explains, is the result of the Due Process Clause of the Fourteenth Amendment. The Due Process Clause obligates a State to provide a means of paying …

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U.S. Federalism And Spanish Autonomy – Lessons From U.S. Federalism For The External Activities Of Substate Entities, Antonio F. Perez Jan 2001

U.S. Federalism And Spanish Autonomy – Lessons From U.S. Federalism For The External Activities Of Substate Entities, Antonio F. Perez

Scholarly Articles

This article will focus on a narrow aspect of the larger question of the effect of international economic integration and increased international security on the national legal order of complex states, such as the United States and Spain. At first glance, the United States and Spain have rather different systems of constitutional law concerning the relationship between the center and periphery. Nonetheless, as this article will argue, it is revealing to explore the recent responses of theories as different as U.S. federalism and Spain's system of autonomous communities to the new international environment in the crucial area of the external …

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Note, Kdm Ex Rel. Wjm V. Reedsport School District, Kevin C. Walsh Jan 2001

Note, Kdm Ex Rel. Wjm V. Reedsport School District, Kevin C. Walsh

Scholarly Articles

No abstract provided.

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Emerging Trends In Religious Liberty, Robert A. Destro Jan 2001

Emerging Trends In Religious Liberty, Robert A. Destro

Scholarly Articles

From a religious liberty perspective, the October 2000 term of the United States Supreme Court was relatively uneventful. The Court decided only one case raising significant religious liberty concerns, Good News Club v. Milford Central School. Good News Club adds little to the First Amendment case law already on the books, but it does provide an excellent opportunity to highlight the growing need for well-informed scholars, both American and foreign, to examine the relationships between and among clauses of the First and Fourteenth Amendments to the Constitution of the United States.

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Supreme Law Or Basic Law? The Decline Of The Concept Of Constitutional Supremacy, Rett R. Ludwikowski Jan 2001

Supreme Law Or Basic Law? The Decline Of The Concept Of Constitutional Supremacy, Rett R. Ludwikowski

Scholarly Articles

No abstract provided.

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Ten Lessons Our Constitutional Experience Can Teach Us About The Puzzle Of Animal Rights: The Work Of Steven M. Wise, Laurence H. Tribe Jan 2001

Ten Lessons Our Constitutional Experience Can Teach Us About The Puzzle Of Animal Rights: The Work Of Steven M. Wise, Laurence H. Tribe

Animal Law Review

No abstract provided.

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"Merchants Of Discontent": An Exploration Of The Psychology Of Advertising, Addiction, And The Implications For Commercial Speech, Tamara R. Piety Jan 2001

"Merchants Of Discontent": An Exploration Of The Psychology Of Advertising, Addiction, And The Implications For Commercial Speech, Tamara R. Piety

Seattle University Law Review

In this paper, I attempt to draw parallels between the psychology of commercial advertising and marketing and the psychology of addiction. Both appear to be characterized by denial, escapism, narcissism, isolation, insatiability, impatience, and diminished sensitivity. Advertising appeals to these impulses and addiction is marked by them. In what follows, I explore these parallels in general and then explore the potential consequences or side effects in three specific contexts: the advertising of addictive products, advertising and children, and advertising and women. In these three areas, there is some evidence that advertising may be contributing to negative social phenomena in a …

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Lindsey V. Tacoma-Pierce County Health Department: Cipollone Revisited, Billboards, State Law Tort Damages Actions, Federal Preemption And The Federal Cigarette Labeling And Advertising Act, Harold C. Reeder Jan 2001

Lindsey V. Tacoma-Pierce County Health Department: Cipollone Revisited, Billboards, State Law Tort Damages Actions, Federal Preemption And The Federal Cigarette Labeling And Advertising Act, Harold C. Reeder

Seattle University Law Review

The Article evaluates Lindsey and other recent cases dealing with local regulations restricting tobacco advertising; it also examines their respective preemption analyses, suggesting that the use of the FCLAA's preemption provision against such regulations is unwarranted. The article argues that in Lindsey, the Ninth Circuit misconstrued the Supreme Court's discussion of the preemptive scope of the FCLAA by failing to read it in the proper contex and that the FCLAA's preemption provision was not intended to prevent the particular types of regulations involved in Lindsey and these other cases. It argues that the preemption provision was only meant to …

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Applying The Market Participant Exception To Selective Purchasing Laws That Affect Foreign Commerce Relations: Reading Between The Lines Of National Foreign Trade Council V. Natsios, Michelle C. Sarruf Jan 2001

Applying The Market Participant Exception To Selective Purchasing Laws That Affect Foreign Commerce Relations: Reading Between The Lines Of National Foreign Trade Council V. Natsios, Michelle C. Sarruf

Seattle University Law Review

In this Note, I will examine the background of the situation in Burma as well as the federal and state legislation passed in response to the atrocities occurring within Burma's borders. I will then address the First Circuit's holding that the Massachusetts Burma Law is unconstitutional, focusing on the court's foreign Commerce Clause analysis and failure to apply the market participant exception. Finally, I will discuss the history of and the justifications for the market participant exception, exploring how the exception should be applied in the context of foreign commerce.

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Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Guy-Uriel Charles, Luis Fuentes-Rohwer Jan 2001

Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Guy-Uriel Charles, Luis Fuentes-Rohwer

Faculty Scholarship

No abstract provided.

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Institutionalizing Constitutional Interpretation, Jack Knight Jan 2001

Institutionalizing Constitutional Interpretation, Jack Knight

Faculty Scholarship

When a constituent assembly or other constitution-making body convenes in order to draft a constitution, the members of that assembly face a complex task. Their main goal is to agree on a constitution that will serve as the basis for a government for the present and, presumably, future generations. The constitution must establish a framework for the administration of government as well as enumerate the principles that will govern the relationship between the government and the citizenry. This is essentially a process of creating political institutions that will structure the behavior of the members of that society, a set of …

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When Can A State Be Sued?, William W. Van Alstyne Jan 2001

When Can A State Be Sued?, William W. Van Alstyne

Faculty Scholarship

In her Popular Government article "When You Can't Sue the State: State Sovereign Immunity" (Summer 2000), Anita R. Brown-Graham described a series of recent decisions in which a sharply divided U.S. Supreme Court barred individuals from suing states for money damages for certain violations of federal law, such as laws prohibiting discrimination against employees because of their age. In the response that follows, William Van Alstyne argues that this barrier to relief is neither unduly imposing nor novel. The debate over the significance of these decisions is likely to continue. In February 2001, in another case decided by a five-to-four …

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Comparing Judicial Selection Systems, Lee Epstein, Jack Knight, Olga Shvetsova Jan 2001

Comparing Judicial Selection Systems, Lee Epstein, Jack Knight, Olga Shvetsova

Faculty Scholarship

No abstract provided.

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Piercing The Veil: William J. Brennan's Account Of Regents Of The University Of California V. Bakke, Lee Epstein, Jack Knight Jan 2001

Piercing The Veil: William J. Brennan's Account Of Regents Of The University Of California V. Bakke, Lee Epstein, Jack Knight

Faculty Scholarship

No abstract provided.

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The Supreme Court As A Strategic National Policymaker, Lee Epstein, Jack Knight, Andrew D. Martin Jan 2001

The Supreme Court As A Strategic National Policymaker, Lee Epstein, Jack Knight, Andrew D. Martin

Faculty Scholarship

No abstract provided.

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Attorney General Taney & The South Carolina Police Bill, H. Jefferson Powell Jan 2001

Attorney General Taney & The South Carolina Police Bill, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

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A Tale Of Two Curfews (And One City): What Do Two Washington, D.C. Juvenile Curfews Say About The Constitutional Interpretations Of District Of Columbia Courts And The Confusion Over Juvenile Curfews Everywhere, Adam W. Poff Jan 2001

A Tale Of Two Curfews (And One City): What Do Two Washington, D.C. Juvenile Curfews Say About The Constitutional Interpretations Of District Of Columbia Courts And The Confusion Over Juvenile Curfews Everywhere, Adam W. Poff

Villanova Law Review (1956 - )

No abstract provided.

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Toward A Consensus On Religious Images In Civic Seals Under The Establishment Clause: American Civil Liberties Union V. City Of Stow, Kevin J. Mccabe Jan 2001

Toward A Consensus On Religious Images In Civic Seals Under The Establishment Clause: American Civil Liberties Union V. City Of Stow, Kevin J. Mccabe

Villanova Law Review (1956 - )

No abstract provided.

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The More You Spend, The More You Save: Can The Spending Clause Save Federal Antidiscrimination Laws, Ann Carey Juliano Jan 2001

The More You Spend, The More You Save: Can The Spending Clause Save Federal Antidiscrimination Laws, Ann Carey Juliano

Villanova Law Review (1956 - )

No abstract provided.

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Federalism, Preclearance, And The Rehnquist Court, Ellen D. Katz Jan 2001

Federalism, Preclearance, And The Rehnquist Court, Ellen D. Katz

Villanova Law Review (1956 - )

No abstract provided.

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Crosby And The One-Voice Myth In U.S. Foreign Relations, Sarah H. Cleveland Jan 2001

Crosby And The One-Voice Myth In U.S. Foreign Relations, Sarah H. Cleveland

Villanova Law Review (1956 - )

No abstract provided.

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Driving Into The Rough: Conflicting Decisions On The Rights Of Disabled Golfers In Martin V. Pga Tour, Inc. And Olinger V. United States Golf Ass'n, Steven A. Holzbaur Jan 2001

Driving Into The Rough: Conflicting Decisions On The Rights Of Disabled Golfers In Martin V. Pga Tour, Inc. And Olinger V. United States Golf Ass'n, Steven A. Holzbaur

Villanova Law Review (1956 - )

No abstract provided.

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Religion, Establishment, And The Northwest Ordinance: A Closer Look At An Accommodationist Argument, Thomas Nathan Peters Jan 2001

Religion, Establishment, And The Northwest Ordinance: A Closer Look At An Accommodationist Argument, Thomas Nathan Peters

Kentucky Law Journal

No abstract provided.

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