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Articles 1261 - 1290 of 1734
Full-Text Articles in Constitutional Law
The Importance Of A Contextual Approach To Libel Law: The Impact Of Immuno Ag. V. Moor-Jankowski And Milkovich V. Lorain Journal Co., Margaret Chan
The Importance Of A Contextual Approach To Libel Law: The Impact Of Immuno Ag. V. Moor-Jankowski And Milkovich V. Lorain Journal Co., Margaret Chan
Touro Law Review
No abstract provided.
Identifying, Protecting And Preserving Individual Rights: Traditional Federal Court Functions, Roger J. Miner '56
Identifying, Protecting And Preserving Individual Rights: Traditional Federal Court Functions, Roger J. Miner '56
Constitutional Law
No abstract provided.
An Adequate Education For All Maryland's Children: Morally Right, Economically Necessary, And Constitutionally Required, Susan P. Leviton, Matthew H. Joseph
An Adequate Education For All Maryland's Children: Morally Right, Economically Necessary, And Constitutionally Required, Susan P. Leviton, Matthew H. Joseph
Maryland Law Review
No abstract provided.
Conservatism And The Rehnquist Court, David F. Forte
Conservatism And The Rehnquist Court, David F. Forte
Law Faculty Articles and Essays
Now that the Supreme Court has been overwhelmingly staffed by appointees of Republican Presidents, we can ask: To what extent have they been faithful to the original version of the Constitution as articulated during its early years? How have they revivified the structural protections? How have they communicated an ethical sense of their own role in the structure? The answer, unfortunately, is that the record remains disappointing.
Fencing Out Politically Unpopular Groups From The Normal Political Processes: The Equal Protection Concerns Of Colorado Amendment Two, Craig Cassin Burke
Fencing Out Politically Unpopular Groups From The Normal Political Processes: The Equal Protection Concerns Of Colorado Amendment Two, Craig Cassin Burke
Indiana Law Journal
No abstract provided.
There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham
There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham
Touro Law Review
No abstract provided.
Constitutional Interpretation And Activist Fantasies, Raoul Berger
Constitutional Interpretation And Activist Fantasies, Raoul Berger
Kentucky Law Journal
No abstract provided.
Severability, John Copeland Nagle
Severability, John Copeland Nagle
Journal Articles
When a court holds a provision of a statute unconstitutional, a question remains regarding the validity of the remainder of the statute. The court may find that the unconstitutional provision may be severed from the statute and leave the remainder of the statute in effect. Alternatively, the court may hold that the unconstitutional provision cannot be severed and invalidate the entire statute.
This article argues that the jurisprudence surrounding the issue of severability is confusing and inconsistent. After explaining the concept of severability and its ramifications for statutes, I trace the development of the current judicial test for determining when …
The Aspirational Constitution, Robin West
The Aspirational Constitution, Robin West
Georgetown Law Faculty Publications and Other Works
Firmly embedded in every theory of judicial decisionmaking lies an important set of assumptions about the way government is supposed to work. Sometimes these theories about government are made explicit. More often they are not. Moreover, deeply embedded in every theory of government is a theory of human nature. Although these assumptions about human nature generally remain latent within the larger theory, because they provide the underpinnings for our ideas about the way government is supposed to work, they drive our notions about judicial decisionmaking. For example, the theory of government reflected in the United States Constitution reveals what one …
Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches
Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches
Publications
Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Nonetheless, day-to-day issues must be accommodated, even while this more fundamental constitutional question remains unresolved. This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states. These agreements have, for example, resolved jurisdictional disputes over taxation, solid waste disposal, and law enforcement between state governments and tribal authorities. The author suggests that these intergovernmental agreements in …
Neutral Principles And The Right To Neutral Access To The Courts, Jeffrey R. Pankratz
Neutral Principles And The Right To Neutral Access To The Courts, Jeffrey R. Pankratz
Indiana Law Journal
No abstract provided.