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Articles 1771 - 1800 of 2417
Full-Text Articles in Constitutional Law
Constitutional Law -- In Re Grand Jury Matter, Gronowicz: Qualified Newsperson's Privilege Does Not Extend To Authors, Elizabeth De Armond
Constitutional Law -- In Re Grand Jury Matter, Gronowicz: Qualified Newsperson's Privilege Does Not Extend To Authors, Elizabeth De Armond
All Faculty Scholarship
No abstract provided.
Constitutional Law, Renatha S. Hodgson
Constitutional Law - Author Can Be Prosecuted Under Federal Mail Fraud Statute For Misrepresenting Contents Of Book, Virginia L. Flick
Constitutional Law - Author Can Be Prosecuted Under Federal Mail Fraud Statute For Misrepresenting Contents Of Book, Virginia L. Flick
Villanova Law Review (1956 - )
No abstract provided.
The Law Of Confessions: Part Ii, Paul C. Giannelli
The Law Of Confessions: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Law Of Confessions: Part I, Paul C. Giannelli
The Law Of Confessions: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
Reportability Of Exposure To The Aids Virus: An Equal Protection Analysis, Donna Costa
Reportability Of Exposure To The Aids Virus: An Equal Protection Analysis, Donna Costa
Cardozo Law Review
No abstract provided.
Searching For The Status Quo, Jeremy Paul
California V. Ciraolo, Lewis F. Powell Jr.
California V. Ciraolo, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
New York V. Class, Lewis F. Powell Jr.
"We The People": John Locke, Collective Constitutional Rights, And Standing To Challenge Government Action, Donald L. Doernberg
"We The People": John Locke, Collective Constitutional Rights, And Standing To Challenge Government Action, Donald L. Doernberg
Elisabeth Haub School of Law Faculty Publications
The Article is presented in three Parts. Part I documents the enormous effect that Locke's political philosophy had on the Constitution's Framers and traces the idea of collective rights through Locke's Second Treatise, showing how Locke viewed government as a trustee and society as the settlor-beneficiary that forms and gives legitimacy to the government. Part II reviews the development of the current doctrine of standing and demonstrates how the current standing model creates a class of cases where government may, with impunity, violate the Constitution. Part III demonstrates the anomaly of the Supreme Court's current doctrine in a society founded …
Constitutional Citizenship, Paul Brest
Constitutional Citizenship, Paul Brest
Cleveland State Law Review
Our practices for determining issues of public morality are deeply flawed. We rely too heavily on the Supreme Court of the United States to determine them for us. We give too much responsibility to the Court, and too little to other institutions; we evade our own responsibility as citizens in a democratic polity. The problem is not that too many issues are "constitutionalized," for many of our most important public moral issues are quite properly treated as constitutional questions. The problem, rather, is that we assume that only the Court is authorized to decide, or is capable of deciding, constitutional …
Commentary, Ralph Michael Stein
Commentary, Ralph Michael Stein
Elisabeth Haub School of Law Faculty Publications
During the past year, the Court of Appeals for the Second Circuit decided a number of significant appeals involving constitutional issues. As is generally the case, most of the issues presented to the Second Circuit were also under judicial scrutiny in other federal appellate courts. Four first amendment cases decided by the court—three dealing primarily with freedom of religion and a fourth with freedom of the press—are particularly noteworthy and merit review.
Constitutional Law: Roemhild V. State And State V. Popanz: Their Effect On The Constitutionality Of Oklahoma's Compulsory Education Statute, Robert B. Caput
Constitutional Law: Roemhild V. State And State V. Popanz: Their Effect On The Constitutionality Of Oklahoma's Compulsory Education Statute, Robert B. Caput
Oklahoma Law Review
No abstract provided.
Constitutional Law: Roemhild V. State And State V. Popanz: Their Effect On The Constitutionality Of Oklahoma's Compulsory Education Statute, Robert B. Caput
Constitutional Law: Roemhild V. State And State V. Popanz: Their Effect On The Constitutionality Of Oklahoma's Compulsory Education Statute, Robert B. Caput
Oklahoma Law Review
No abstract provided.
Fairness After The Charter: A Rose By Any Other Name?, A. Wayne Mackay
Fairness After The Charter: A Rose By Any Other Name?, A. Wayne Mackay
Articles, Book Chapters, & Popular Press
On at least a short term basis the Charter of Rights and Freedoms has made a significant dent in the Canadian legal landscape. Not only has it produced a veritable cottage industry for practising lawyers and legal academics - it has raised some of the most fundamental questions about which institutions should shape public policy in Canada. The courts have a bold new mandate to measure the acts of the legislative and executive branches of the government against the new standards of the Charter. When these agencies are found wanting, they are to be checked and their illegal actions invalidated. …
Jury Trial Right Under Title Vii: The Need For Judicial Reinterpretation, Vincenza G. Aversano, Karen M. Kalikow, Lisa S. Presser
Jury Trial Right Under Title Vii: The Need For Judicial Reinterpretation, Vincenza G. Aversano, Karen M. Kalikow, Lisa S. Presser
Cardozo Law Review
No abstract provided.
The History Of Statutory Interpretation: A Study In Form And Substance, William S. Blatt
The History Of Statutory Interpretation: A Study In Form And Substance, William S. Blatt
Cardozo Law Review
No abstract provided.
Sex, Power And Silliness: An Essay On Ackerman's Reconstructing American Law, Alan D. Freeman, John H. Schlegel
Sex, Power And Silliness: An Essay On Ackerman's Reconstructing American Law, Alan D. Freeman, John H. Schlegel
Cardozo Law Review
No abstract provided.
Taking Hegel Seriously: Reflections On Beyond Objectivism And Relativism, Drucilla Cornell
Taking Hegel Seriously: Reflections On Beyond Objectivism And Relativism, Drucilla Cornell
Cardozo Law Review
No abstract provided.
National Farmers Union Insurance Cos. V. Crow Tribe Of Indians, Lewis F. Powell Jr.
National Farmers Union Insurance Cos. V. Crow Tribe Of Indians, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Tennessee V. Garner, Lewis F. Powell Jr.
Tennessee V. Garner, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Sharpe, Lewis F. Powell Jr.
United States V. Sharpe, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Winston V. Lee, Lewis F. Powell Jr.
United States V. Hensley, Lewis F. Powell Jr.
United States V. Hensley, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
New Jersey V. T.L.O., Lewis F. Powell Jr.
New Jersey V. T.L.O., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
City Of Cleburne, Texas V. Cleburne Living Center Inc., Lewis F. Powell Jr.
City Of Cleburne, Texas V. Cleburne Living Center Inc., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
School Committee Of The Town Of Burlington V. Department Of Education Of Massachusetts, Lewis F. Powell Jr.
School Committee Of The Town Of Burlington V. Department Of Education Of Massachusetts, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Montana V. Blackfeet Tribe Of Indians, Lewis F. Powell Jr.
Montana V. Blackfeet Tribe Of Indians, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
U.S. Supreme Court: The 1983-84 Term, Paul C. Giannelli
U.S. Supreme Court: The 1983-84 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
Rethinking Selective Enforcement In The First Amendment Context, Karl S. Coplan
Rethinking Selective Enforcement In The First Amendment Context, Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications
This Note argues for the use of a balancing-of-interests approach in place of the current two-part test when enforcement policies are challenged on first amendment grounds. The Note begins by explaining the current two-part test and analyzing how it conflicts with other first amendment doctrines. Next, an inquiry into the development of current law reveals that the origins of both the selective prosecution defense and its motive requirement lie in equal protection review of administrative action. These roots suggest a defect in the application of an equal protection test in place of a direct application of the first amendment. The …