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Articles 1651 - 1680 of 2417
Full-Text Articles in Constitutional Law
What Is Behind The "Property Rights" Debate?, John A. Humbach
What Is Behind The "Property Rights" Debate?, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
Lucas v. South Carolina Coastal Council' obviously presents issues that range far more broadly than just whether people should be allowed to build on beaches and dunes. Many observers have viewed the case as a splendid opportunity for the Supreme Court to re-establish private owner autonomy in land use decisions - to cut down, perhaps drastically, on elected legislatures' traditional power to protect the environment by regulating uses of land. Behind the "property rights" debate is the question of whether states and communities really ought to have the power that they have traditionally had to control the development and patterns …
When “Special Needs” Meet Probable Cause: Denying The Devil Benefit Of Law, Gerald S. Reamey
When “Special Needs” Meet Probable Cause: Denying The Devil Benefit Of Law, Gerald S. Reamey
Faculty Articles
Removing laws to pursue the lawbreaker may be well intentioned, but the result is that society is susceptible to the evils those laws protect against. The traditional Fourth Amendment safeguards--probable cause and warrants--have been abandoned due to the development of a reasonableness standard because of the presence of “special needs” that were used to justify searches. The adoption of this alternative approach to Fourth Amendment interpretation was signalled by the truly landmark case of Terry v. Ohio.
By adopting the “reasonableness” analysis, the Supreme Court altered the impact of the exclusionary rule without directly modifying the rule. After Griffin v. …
The Revitalization Of The Common-Law Civil Writ Of Audita Querela As A Post-Conviction Remedy In Criminal Cases: The Immigration Context And Beyond, Ira Robbins
Scholarly Articles in Law Reviews & Journals
Introduction: An alien lawfully enters the United States in 1972. He gets a job, gets married, and becomes a productive worker in the community. He is subsequently convicted of a felony, such as making false statements on a loan application. As a result, the Immigration and Naturalization Service (INS) brings deportation proceedings against him. The individual will seek any means possible to vacate the conviction, in order to stay in this country.' This Article explores whether the writ of audita querela. primarily used to provide post-judgment relief in civil cases at common law, can be used to challenge criminal …
Constitutional Law - Filling Senatorial Vacancies, Michael B. Novakovic
Constitutional Law - Filling Senatorial Vacancies, Michael B. Novakovic
Villanova Law Review (1956 - )
No abstract provided.
Lessons Of Founding Fatherhood, Neal Devins
Refocusing The New Evidence Scholarship, Terence J. Anderson
Refocusing The New Evidence Scholarship, Terence J. Anderson
Cardozo Law Review
No abstract provided.
Experimenting With The "Right To Die" In The Laboratory Of The States, Thomas A. Eaton, Edward J. Larson
Experimenting With The "Right To Die" In The Laboratory Of The States, Thomas A. Eaton, Edward J. Larson
Scholarly Works
The purposes of this Article are twofold. Our first purpose is to reexamine the legal foundations of a patient's right to refuse treatment. The Court's equivocal handling of the federal constitutional issues in Cruzan v. Director, Missouri Department of Health invites a closer look at state constitutional, statutory and common law. The source of the underlying right will affect state experimentation with substantive and procedural rules in this area. Our second purpose is to describe the current status of the states' experiments with the right to die. That is, we elaborate in more detail on the state constitutional, statutory and …
Tradition, Precedent, And Justice Scalia, David A. Strauss
Tradition, Precedent, And Justice Scalia, David A. Strauss
Cardozo Law Review
No abstract provided.
Justice Scalia And The Commerce Clause: Reflections Of A State Tax Lawyer, Walter Hellerstein
Justice Scalia And The Commerce Clause: Reflections Of A State Tax Lawyer, Walter Hellerstein
Cardozo Law Review
No abstract provided.
My Pizza With Ninó, Alex Kozinski
The Use Of Legislative History In Treaty Interpretation: The Dual Treaty Approach, Malvina Halberstam
The Use Of Legislative History In Treaty Interpretation: The Dual Treaty Approach, Malvina Halberstam
Cardozo Law Review
No abstract provided.
Putting The Dormancy Doctrine Out Of Its Misery, Richard D. Friedman
Putting The Dormancy Doctrine Out Of Its Misery, Richard D. Friedman
Cardozo Law Review
No abstract provided.
Judging In The Good Society: A Comment On The Jurisprudence Of Justice Scalia, Stephen Wizner
Judging In The Good Society: A Comment On The Jurisprudence Of Justice Scalia, Stephen Wizner
Cardozo Law Review
No abstract provided.
Scalia And The Dormant Commerce Clause: A Foolish Formalism?, Mark V. Tushnet
Scalia And The Dormant Commerce Clause: A Foolish Formalism?, Mark V. Tushnet
Cardozo Law Review
No abstract provided.
The Sacred Flag And The First Amendment, Sheldon Nahmod
The Sacred Flag And The First Amendment, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
Constitutional Law: Nude Dancing And Political Speech As Protected Expression- The Scope Of The Due Process Guarantee, Rosalie Levinson
Constitutional Law: Nude Dancing And Political Speech As Protected Expression- The Scope Of The Due Process Guarantee, Rosalie Levinson
Law Faculty Publications
In a 1988 address, Chief Justice Shepard invited Indiana practitioners to reexamine the Indiana Constitution as a potentially significant source for the protection of individual liberty. Although there has been some movement in this direction in defending the rights of criminals, there has been little civil rights litigation brought under the Indiana Constitution. Therefore, this Article will explore state and federal court cases that raise significant federal constitutional issues implicating Indiana law and Indiana litigants. The most noteworthy cases during the survey period dealt with freedom of expression and the due process clause.
Justice Brennan And The First Amendment Minefield: In Respectful Appreciation, Ralph Michael Stein
Justice Brennan And The First Amendment Minefield: In Respectful Appreciation, Ralph Michael Stein
Elisabeth Haub School of Law Faculty Publications
It is a special privilege, and a personal joy, for me to have the opportunity to contribute a piece honoring such a revered figure. I make no claim to scholarly objectivity. My premise is simple: William J. Brennan has given us a legacy of first amendment decisions, concurrences, and dissents that reflect great honor on the jurist. My portion of this Festschrift provides selected examples of Justice Brennan's contribution, and concludes by thanking him for serving, through his opinions, as a mentor for me throughout my career as a teacher of constitutional law.
Constitutional Law - The Resolution Of The Conflict Between First Amendment Speech Analysis And The Commercial Speech Doctrine, Sheila Mcvey Mangan
Constitutional Law - The Resolution Of The Conflict Between First Amendment Speech Analysis And The Commercial Speech Doctrine, Sheila Mcvey Mangan
Villanova Law Review (1956 - )
No abstract provided.
Constitutional Law - State Buy American Statute Held A Valid Exercise In Economic Protectionism, Caroline J. Hasson
Constitutional Law - State Buy American Statute Held A Valid Exercise In Economic Protectionism, Caroline J. Hasson
Villanova Law Review (1956 - )
No abstract provided.
Constitutional Law - Cruising For A Bruising - An Attack On The Right To Interstate Travel, Keith E. Smith
Constitutional Law - Cruising For A Bruising - An Attack On The Right To Interstate Travel, Keith E. Smith
Villanova Law Review (1956 - )
No abstract provided.
Constitutional Law: The Peyote Decision: A Restriction Upon All Religions?, Brett D. Brewer
Constitutional Law: The Peyote Decision: A Restriction Upon All Religions?, Brett D. Brewer
Oklahoma Law Review
No abstract provided.
Ronald V. Dellums V. George Bush (D.D.C. 1990): Memorandum Amicus Curiae Of Law Professors, Bruce A. Ackerman, Abram Chayes, Lori Fisler Damrosch, John Hart Ely, Erwin N. Griswold, Gerald Gunther, Louis Henkin, Harold Hongju Koh, Philip B. Kurland, Laurence H. Tribe, William W. Van Alstyne
Ronald V. Dellums V. George Bush (D.D.C. 1990): Memorandum Amicus Curiae Of Law Professors, Bruce A. Ackerman, Abram Chayes, Lori Fisler Damrosch, John Hart Ely, Erwin N. Griswold, Gerald Gunther, Louis Henkin, Harold Hongju Koh, Philip B. Kurland, Laurence H. Tribe, William W. Van Alstyne
Faculty Publications
This joint memorandum is submitted to the court hearing Dellums v. Bush. This amicus brief advocates that the President may not order American armed forces to make war without consultation with and approval by Congress. The brief also argues that the case is justiciable.
Passive Communication In Public Fora: The Case For First Amendment Protection Of Newsracks, Sandra L. Cobden
Passive Communication In Public Fora: The Case For First Amendment Protection Of Newsracks, Sandra L. Cobden
Cardozo Law Review
No abstract provided.
A Reconsideration Of The Relevance And Materiality Of The Preamble In Constitutional Interpretation, Milton Handler, Brian Leiter, Carole E. Handler
A Reconsideration Of The Relevance And Materiality Of The Preamble In Constitutional Interpretation, Milton Handler, Brian Leiter, Carole E. Handler
Cardozo Law Review
No abstract provided.
Speaking And Writing Against Hate, Martha Minow
Speaking And Writing Against Hate, Martha Minow
Cardozo Law Review
No abstract provided.
On The Critical Tribunal, Stephen Watson
The Ideality Of Difference: Toward Objectivity In Legal Interpretation, Alan Brudner
The Ideality Of Difference: Toward Objectivity In Legal Interpretation, Alan Brudner
Cardozo Law Review
No abstract provided.
Resisting Theory, Jonathan Culler
Tradition, Betrayal, And The Politics Of Deconstruction, J. M. Balkin
Tradition, Betrayal, And The Politics Of Deconstruction, J. M. Balkin
Cardozo Law Review
No abstract provided.
From Parratt To Zinermon: Authorization, Adequacy, And Immunity In A Systematic Analysis Of State Procedure, Daniel S. Feder
From Parratt To Zinermon: Authorization, Adequacy, And Immunity In A Systematic Analysis Of State Procedure, Daniel S. Feder
Cardozo Law Review
No abstract provided.