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Constitutional Law

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Articles 1801 - 1830 of 2417

Full-Text Articles in Constitutional Law

Substantive Due Process And The Scope Of Constitutional Torts, Michael L. Wells, Thomas A. Eaton Jan 1984

Substantive Due Process And The Scope Of Constitutional Torts, Michael L. Wells, Thomas A. Eaton

Scholarly Works

The thesis of this Article is that both the Supreme Court and its critics have failed to identify and confront the central issue presented by these due process constitutional tort cases. That issue is neither procedural fairness nor the choice between state and federal courts. It is deciding whether a government-inflicted injury to life, liberty, or property violates the substantive protections of the due process clauses and thereby warrants a constitutionally derived tort remedy. In Part II of this Article we examine the Supreme Court's decisions in this area, focusing primarily on Parratt v. Taylor. We demonstrate that neither Parratt …


Has The Contract Clause Counter-Revolution Halted? Rhetoric, Rights, And Markets In Constitutional Analysis, Jonathan Baker Jan 1984

Has The Contract Clause Counter-Revolution Halted? Rhetoric, Rights, And Markets In Constitutional Analysis, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Pennhurst And The Scope Of Federal Judicial Power To Reform Social Institutions, David Rudenstine Jan 1984

Pennhurst And The Scope Of Federal Judicial Power To Reform Social Institutions, David Rudenstine

Cardozo Law Review

No abstract provided.


The Right To A Jury Trial For Jurisdictional Issues, Steven Kessler Jan 1984

The Right To A Jury Trial For Jurisdictional Issues, Steven Kessler

Cardozo Law Review

No abstract provided.


Due Process, Retroactivity, And The Multiemployer Pension Plan Amendments Act Of 1980: Congress' Arbitrary Means To A Legitimate End, Eric G. Menkes Jan 1984

Due Process, Retroactivity, And The Multiemployer Pension Plan Amendments Act Of 1980: Congress' Arbitrary Means To A Legitimate End, Eric G. Menkes

Cardozo Law Review

No abstract provided.


The Constitutionality Of Section 9-504(3) Of The Uniform Commercial Code: A Question Of State Action And Procedural Due Process, Abe Rappaport Jan 1984

The Constitutionality Of Section 9-504(3) Of The Uniform Commercial Code: A Question Of State Action And Procedural Due Process, Abe Rappaport

Cardozo Law Review

No abstract provided.


Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman Jan 1984

Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman

Cardozo Law Review

No abstract provided.


Oliver V. United States, Lewis F. Powell Jr. Oct 1983

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

Supreme Court Case Files

No abstract provided.


Michigan V. Clifford, Lewis F. Powell Jr. Oct 1983

Michigan V. Clifford, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Welsh V. Wisconsin, Lewis F. Powell Jr. Oct 1983

Welsh V. Wisconsin, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Patton V. Yount, Lewis F. Powell Jr. Oct 1983

Patton V. Yount, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Kirkpatrick V. Christian Home Of Abilene, Lewis F. Powell Jr. Oct 1983

Kirkpatrick V. Christian Home Of Abilene, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Solem V. Bartlett, Lewis F. Powell Jr. Oct 1983

Solem V. Bartlett, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Federalism Lives! Reflections On The Vitality Of The Federal System In The Context Of Natural Resource Regulation, Patrick Mcginley Oct 1983

Federalism Lives! Reflections On The Vitality Of The Federal System In The Context Of Natural Resource Regulation, Patrick Mcginley

Law Faculty Scholarship

No abstract provided.


Intertwining The Constitution And The Common Law: Evolving Doctrines Of Defamation In Arkansas, Rodney A. Smolla Jan 1983

Intertwining The Constitution And The Common Law: Evolving Doctrines Of Defamation In Arkansas, Rodney A. Smolla

Scholarly Articles

Not available.


U.S. Supreme Court: 1982-83 Term: Part I, Paul C. Giannelli Jan 1983

U.S. Supreme Court: 1982-83 Term: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.


U.S. States Supreme Court: 1982-83 Term: Partii, Paul C. Giannelli Jan 1983

U.S. States Supreme Court: 1982-83 Term: Partii, Paul C. Giannelli

Faculty Publications

No abstract provided.


"The Right Of The People": Reconciling Collective And Individual Interests Under The Fourth Amendment, Donald L. Doernberg Jan 1983

"The Right Of The People": Reconciling Collective And Individual Interests Under The Fourth Amendment, Donald L. Doernberg

Elisabeth Haub School of Law Faculty Publications

Professor Doernberg examines a tension within fourth amendment jurisprudence and sugqests a means of resolving it. On the one hand, the Supreme Court has conferred fourth amendment standing only upon those whose personal privacy interests have been disturbed. On the other hand, the Court has allowed such persons to invoke the exclusionary rule only in circumstances where, in the Court's view, it would serve as an effective deterrent. Professor Doernberg traces these two po1icies to different conceptions of the fourth amendment: the first interprets the amendment as a guarantor of individual rights; the second construes it as an instrument for …


Institutional Injunctions, David Rudenstine Jan 1983

Institutional Injunctions, David Rudenstine

Cardozo Law Review

No abstract provided.


Antidisestablishmentarianiam: The Latest (And Longest) Word From The Supreme Court In Marsh V. Chambers, Donald L. Drakeman Jan 1983

Antidisestablishmentarianiam: The Latest (And Longest) Word From The Supreme Court In Marsh V. Chambers, Donald L. Drakeman

Cardozo Law Review

No abstract provided.


New Mexico V. Mescalero Apache Tribe, Lewis F. Powell Jr. Oct 1982

New Mexico V. Mescalero Apache Tribe, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Illinois V. Gates, Lewis F. Powell Jr. Oct 1982

Illinois V. Gates, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Rice V. Rehner, Lewis F. Powell Jr. Oct 1982

Rice V. Rehner, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


A Unifying Theory For The Just-Compensation Cases: Takings, Regulation And Public Use, John A. Humbach Jan 1982

A Unifying Theory For The Just-Compensation Cases: Takings, Regulation And Public Use, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

This discussion begins with some remarks concerning the concept of property as a general matter. It will then consider briefly an approach to the problem which, though promising and advanced, nevertheless falls short of achieving an internally consistent, unifying theory. Following this introduction, an attempt will be made to specify the two distinctive conceptual components of property interests on whose difference the cases seem to turn, and then to demonstrate the suitability of this conceptual distinction as the foundation for a coherent theory of the law.


Constitutional Limitations On Obtaining Evidence For Scientific Analysis, Paul C. Giannelli Jan 1982

Constitutional Limitations On Obtaining Evidence For Scientific Analysis, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Right Of Confrontation: Part I, Paul C. Giannelli Jan 1982

The Right Of Confrontation: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Right Of Confrontation: Part Ii, Paul C. Giannelli Jan 1982

The Right Of Confrontation: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Right To Defense Experts, Paul C. Giannelli Jan 1982

The Right To Defense Experts, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Iranian Litigation: Implications For American Business Interests, Charles G. Labella Jan 1982

The Iranian Litigation: Implications For American Business Interests, Charles G. Labella

Cardozo Law Review

No abstract provided.


A Statutory Proposal For Case-By-Case Congressional Waiver Of The Speech Or Debate Privilege In Bribery Cases, David M. Lederkramer Jan 1982

A Statutory Proposal For Case-By-Case Congressional Waiver Of The Speech Or Debate Privilege In Bribery Cases, David M. Lederkramer

Cardozo Law Review

No abstract provided.