Constitutional Law Commons^™

The Standing Of Citizens To Enforce Against Violations Of Environmental Statutes In The United States, Jeffrey G. Miller

Elisabeth Haub School of Law Faculty Publications

Judicial actions by private citizens have played a critical role in the development and enforcement of federal environmental law in the United States over several decades. The courts' general receptivity to the standing of private environmental plaintiffs has made that role possible. A troika of Supreme Court decisions on standing in environmental cases authored by Scalia J over the last decade had eroded that general receptivity, casting doubt on the continued vitality of private actions in developing and implementing environmental law. The Court's recent decision in Friends of the Earth Inc v Laidlaw Environmental Services halts this erosion. To explain …

Ohio’S Dna Databank Statute, Paul C. Giannelli

Faculty Publications

No abstract provided.

United States Supreme Court: 2000 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.

Criminal Aliens Get Pinched: Sandoval V. Reno, Aedpa's And Iirira's Effect On Habeas Corpus Jurisdiction, Matthew J. Droskoski

Villanova Law Review (1956 - )

No abstract provided.

Save The Marriage Before (Not After) The Ceremony: The Marriage Preparation Act - Can We Have A Public Response To A Private Problem, Lundy Langston

Journal Publications

Two individuals meet, engage in an intimate, not necessarily sexual, relationship and marry. The two join in a union with the promise to spend the remainder of their natural lives together. But forever is not forever. On a national level, over 50 percent of marriages end in divorce.' Perhaps marriage vows should include a statement about the inevitability of divorce. States' divorce laws vary, from faultbased, to no-fault, to a statutory period of separation. Some states recently made it easier for individuals to be granted a divorce. Reasons for making it easier to end marriages could have been related to …

Convenient Shorthand: The Supreme Court And The Language Of State Sovereignty, Benjamin Priester, H. Jefferson Powell

Journal Publications

Recent Supreme Court decisions have dramatically underscored the significance of the states as vital entities within the United States constitutional system. The Court has repeatedly protected the states' political and legal integrity against congressional conscription' and federal court litigation. In addition, the Court has broadened the effective range of state autonomy through its revival of content-based limitations on the scope of Congress's delegated powers. This recent wave of federalism has generated opinions that often seem to turn on The problem with this principle of respect for state sovereignty is that its meaning is not self-evident. The states plainly are not …

The Imprint Of Kosovo On International Law, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Bill Of Rights And The Constitution: Facing The Challenge Of The Future, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Resolving Tensions Between Copyright And The Internet, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.

How Constitutional Law Casebooks Perpetuate The Myth Of Judicial Supremacy, Neal Devins

Faculty Publications

No abstract provided.

Constitutional Law -- Due Process Clause -- Third Circuit Holds That $50 Million Punitive Damages Award In Context Of A $48 Million Compensatory Award Is Unconstitutionally Excessive -- Inter Medical Supplies, Ltd. V. Ebi Medical Systems, Inc., 181 F.3d 446 (3d Cir. 1999)., A. Benjamin Spencer

Faculty Publications

In 1996, the Supreme Court, in BMW of North America, Inc. v. Gore, struck down a punitive damages award on the ground that it was "grossly excessive" in violation of the Due Process Clause of the Fourteenth Amendment . Since BMW, many courts have faced the challenge of applying its principles to determine whether punitive damages awards surpass the constitutional limit. Last June, in Inter Medical Supplies, Ltd. v. EBI Medical Systems, Inc., the Third Circuit faced this difficulty when it considered whether a $50 million punitive damages award, granted in conjunction with a $48 million compensatory damages award, was …

The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis

William & Mary Law Review

No abstract provided.

The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis

Articles

No abstract provided.

Putting The Law Of Impeachment In Perspective, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Ackermania: The Quest For A Common Law Of Higher Lawmaking, Michael J. Gerhardt

William & Mary Law Review

No abstract provided.

Why Constitutional Torts Deserve A Book Of Their Own, Michael Wells, Thomas A. Eaton, Sheldon H. Nahmod

Scholarly Works

Over thirty years ago, Marshall Shapo coined the term "constitutional tort" to denote a suit brought against an official, charging a constitutional violation and seeking damages. In the years since Shapo's pathbreaking article, the number of such suits has grown exponentially. The suits have generated a host of new substantive and remedial issues, yet conventional casebooks on constitutional law and federal courts give little attention to the area. That Professor Shapiro had four books to include in his review of "Civil Rights" casebooks in the Seattle University Law Review is some indication of a demand for teaching materials currently unmet …

A Reply, Marci A. Hamilton

Articles

It is not often that one gets such immediate (and lengthy) written responses to one's work. It is both humbling and a blessing. My five interlocutors have offered me the opportunity to gaze at my own work as it is reflected in five different pools. I like some of what I see, do not recognize some of it, and will refine other aspects in this brief reply. My only regret is that I simply cannot in the space of a reply respond to many of the interesting and worthy points raised.

Our Nonuniform Constitution: Geographical Variations Of Constitutional Requirements In The Aid Of Community, Mark D. Rosen

All Faculty Scholarship

This Article highlights an overlooked but integral aspect of American constitutional law: that some activities believed to be flatly unconstitutional are permissible in select locations. Contrary to what the Constitution has been construed to proscribe in most jurisdictions, for example, governments in some places in our country can ban political speeches by citizens, impose prior restraints with regard to petitions to government officials, and disallow defendants at risk of incarceration from having counsel.

The Article brings together the case law that creates nonuniformity across geographical locations. It first explains the mechanics by which this "geographical constitutional nonuniformity" is generated and …

Expressive Liberty, Moral Pluralism, Political Pluralism: Three Sources Of Liberal Theory, William A. Galston

William & Mary Law Review

No abstract provided.

Supermajority Rules As A Constitutional Solution, John O. Mcginnis, Michael B. Rappaport

Articles

No abstract provided.

United States Supreme Court: 1999 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.

5 U.S. (1 Cranch) 137, 175, Eric J. Segall

Faculty Publications By Year

No abstract provided.

Constitutional Law - Constitutional Remedy - The Third Circuit's Approach To 42 U.S.C. 1983 Malicious Prosecution Claims, Mary E. Williams

Villanova Law Review (1956 - )

No abstract provided.

Products Liability - The Effect Of Medtronic, Inc. V. Lohr On Third Circuit Products Liability Litigation: Medical Device Amendments Do Not Pre-Empt State Law Tort Claims, Elizabeth G. Harkins

Villanova Law Review (1956 - )

No abstract provided.

The Constitutionality Of Censure, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Constitutional Law - When Coerced Statements Lead To More Evidence: The Poisonous Tree Blooms Again In The Fifth Amendment, Quinten Bowman

Villanova Law Review (1956 - )

No abstract provided.

Digital Frontiers: Law And The Internet: Letter To The U.S. Senate From Marci A. Hamilton, Marci A. Hamilton

Articles

No abstract provided.

Buried Voices, Dominant Themes: Justice Hans Linde And The Move To Structural Constitutional Interpretation, Marci A. Hamilton

Articles

No abstract provided.

Against Free-Form Formalism, David M. Golove

Articles

Article II, Section 2 of the Constitution provides that the President shall have the power to make treaties by and with the consent of two-thirds of tie Senate. Yet, most of the international agreements into which the United States has entered over the last fifty years, including NAFTA and the WTO Agreement, have been concluded as congressional-executive agreements-a procedure by which the President submits an agreement to both houses of Congress for simple majority approvaL In an article in the Harvard Law Review entitled "Is NAFTA Constitutional?," Professors Bruce Ackerman and David Golove attempted to provide this practice with constitutionalfoundations. …

Constitutional Remedies, Section 1983 And The Common Law, Michael L. Wells

Scholarly Works

Constitutional tort law marries the substantive rights granted by the Constitution to the remedial mechanism of tort law. The sweeping language of 42 U.S.C. 1983 provides that "[e]very person who, under color of any [state law] subjects, or causes to be subjected, any [person] to the deprivation of any [constitutional rights] shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress." Constitutional tort suits raise, in a new context, many tort-like remedial questions relating to causation, immunity, and damages--and therein lies a problem. The usual source of answers to …