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Constitutional Law Commons™

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Constitutional Law

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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 Feb 1986

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 Jan 1986

Constitutional Law, Renatha S. Hodgson

West Virginia Law Review

No abstract provided.


Constitutional Law - Author Can Be Prosecuted Under Federal Mail Fraud Statute For Misrepresenting Contents Of Book, Virginia L. Flick Jan 1986

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 Jan 1986

The Law Of Confessions: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Law Of Confessions: Part I, Paul C. Giannelli Jan 1986

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 Jan 1986

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 Jan 1986

Searching For The Status Quo, Jeremy Paul

Cardozo Law Review

No abstract provided.


California V. Ciraolo, Lewis F. Powell Jr. Oct 1985

California V. Ciraolo, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


New York V. Class, Lewis F. Powell Jr. Oct 1985

New York V. Class, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


"We The People": John Locke, Collective Constitutional Rights, And Standing To Challenge Government Action, Donald L. Doernberg Jan 1985

"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 Jan 1985

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 Jan 1985

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 Jan 1985

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 Jan 1985

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 Jan 1985

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 Jan 1985

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 Jan 1985

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 Jan 1985

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 Jan 1985

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. Oct 1984

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. Oct 1984

Tennessee V. Garner, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Sharpe, Lewis F. Powell Jr. Oct 1984

United States V. Sharpe, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Winston V. Lee, Lewis F. Powell Jr. Oct 1984

Winston V. Lee, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Hensley, Lewis F. Powell Jr. Oct 1984

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. Oct 1984

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. Oct 1984

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. Oct 1984

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. Oct 1984

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 Jan 1984

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 Jan 1984

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 …