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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
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
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
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
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
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
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
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.
Oliver V. United States, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Michigan V. Clifford, Lewis F. Powell Jr.
Michigan V. Clifford, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Welsh V. Wisconsin, Lewis F. Powell Jr.
Welsh V. Wisconsin, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Patton V. Yount, Lewis F. Powell Jr.
Kirkpatrick V. Christian Home Of Abilene, Lewis F. Powell Jr.
Kirkpatrick V. Christian Home Of Abilene, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Solem V. Bartlett, Lewis F. Powell Jr.
Federalism Lives! Reflections On The Vitality Of The Federal System In The Context Of Natural Resource Regulation, Patrick Mcginley
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
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
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
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
"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
Antidisestablishmentarianiam: The Latest (And Longest) Word From The Supreme Court In Marsh V. Chambers, Donald L. Drakeman
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.
New Mexico V. Mescalero Apache Tribe, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Illinois V. Gates, Lewis F. Powell Jr.
Rice V. Rehner, Lewis F. Powell Jr.
A Unifying Theory For The Just-Compensation Cases: Takings, Regulation And Public Use, John A. Humbach
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
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
The Right Of Confrontation: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Right Of Confrontation: Part Ii, Paul C. Giannelli
The Right Of Confrontation: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Right To Defense Experts, Paul C. Giannelli
The Right To Defense Experts, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Iranian Litigation: Implications For American Business Interests, Charles G. Labella
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
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.