Constitutional Law Commons^™

Federal Recent Developments

American Indian Law Review

No abstract provided.

Zipes V. Trans World Airlines, Inc., Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.

Board Of Education Of The Hendrick Hudson Central School District, Westchester County V. Rowley, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Social Order And The Limits Of Law: A Theoretical Essay, Arthur S. Miller

Vanderbilt Law Review

Professor Jenkins maintains that Americans demand that "the law solve all of [their] problems and secure all of [their] purposes." The result is that we "so overload the legal apparatus that it short circuits, creating a spectacular display of fireworks but affecting nothing save its own wreckage."' That assertion, even if only partially accurate, merits close and continuing attention. Jenkins' analysis of that hypothesis--that proposition-is at once thought-provoking and illuminating. We are all in his debt for having written such a challenging book, even though I have some fundamental disagreements with how he develops that theme. Jenkins' work is a …

Ramah Navajo School Board V. Bureau Of Revenue Of New Mexico, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Living With Gertz: A Practical Look At Constitutional Libel Standards, Lewis H. Larue

Scholarly Articles

None available.

Integration Maintenance: The Unconstitutionality Of Benign Programs That Discourage Black Entry To Prevent White Flight, Rodney A. Smolla

Scholarly Articles

Not available.

Constitutional Law - Police Power - Equal Protection - Voluntary Deviate Sexual Intercourse Statute, Louis Bader

Duquesne Law Review

The Pennsylvania Supreme Court has held that the Pennsylvania voluntary deviate sexual intercourse statute is beyond the valid exercise of the state's police power and is violative of the equal protection clauses of the Constitution of the United States and the Constitution of the Commonwealth of Pennsylvania.

Commonwealth v. Bonadio, 490 Pa. 91, 415 A.2d 47 (1980).

Constitutional Law - Mootness - Personal Stake - Class Actions, Thomas F. Smida

Duquesne Law Review

The United States Supreme Court has held that an action brought on behalf of a class may be appealed upon expiration of the named plaintiffs substantive claim even though the class certification has been denied.

United States Parole Commission v. Geraghty, 445 U.S. 388 (1980).

Recent Development, Constitutional Law: Protection Against Illegal Search And Seizure--Blackie's House Of Beef, Inc. V. Castillo, No. 79-1057 & 79-2358 (D.C. Cir. July 22, 1981), Stephen James Anaya

Publications

No abstract provided.

A Reply To Professor Ball, Philip Chase Bobbitt

Faculty Scholarship

Although it has been observed that approaching an allegedly universalistic theory by asserting the time- and culture-bound nature of that theory is an attack of some sort, Professor Ball does not take my lectures to be a rebuke to the enterprise in which he, Professor Tushnet, and others are engaged. Instead, he complains that I do not examine the relation between constitutional argument, on the one hand, and, on the other, social, political, and economic interests. This is a mistaken reading of my work. It is nice to be told that Tushnet and Ball accept my formulation "that in our …

American Constitutional Law 1976–1981, Donald P. Kommers, Kenneth Ripple, John A. Scanlan

Journal Articles

From the Introduction:

"The principal goal of this report is to chart for an essentially non-American audience the course of doctrinal movement and change in important areas of Ameri­can constitutional law. The report relics almost entirely upon primary sources, particularly the decisions and opinions of the United States Supreme Court. The opinions and decisions discussed here arc those which in our view have had the most impact upon American governmental institutions, political processes, and constitu­tional policy in the period under review. In the short space provided we clearly cannot cover developments in all areas of American constitutional law. One such …

A Comment On The Burger Court And "Judicial Activism", Robert F. Nagel

Publications

No abstract provided.

Federalism As A Fundamental Value: National League Of Cities In Perspective, Robert F. Nagel

Publications

No abstract provided.

Democracy And Distrust: A Theory Of Judicial Review, Michael Conant

Vanderbilt Law Review

This review is a critique of the major themes in Democracy and Distrust: A Theory of Judicial Review,' by Professor John Hart Ely of Harvard Law School. Ely primarily addresses the amount of discretion exercised by Supreme Court justices in deciding constitutional cases, a fundamental issue since few scholars today would contest the actual existence of the judicial review power of the Court. Ely's thorough scholarship presents a fine discussion of the Court's legitimacy when it extends its discretion beyond the base of the actual constitutional language. Professor Ely misses the mark, however, in his argument that certain open-ended constitutional …

Double Jeopardy In West Virginia: State Ex Rel. Dowdy V. Robinson, Gary A. Collias

West Virginia Law Review

In State ex rel. Dowdy v. Robinson the West Virginia Supreme Court of Appeals substantially altered the double jeopardy law of the state. Dowdy was indicted for breaking and entering a nightclub. The indictment specified the building's location as 220-22nd Street in Huntington, West Virginia. The proof presented at trial indicated that the nightclub was located at 200-22nd Street. The trial court granted a motion for a directed verdict of not guilty on the ground that the variance was fatal to the prosecution's case. Dowdy was subsequently reindicted for the breaking and entering, the only difference between the second indictment …

The Public, The Media And The Criminal Defendant: Access To Courtrooms Prevails Over Fears Of Prejudicial Publicity, W. Martine Harrell

West Virginia Law Review

No abstract provided.

The Civil Investigative Demand: A Constitutional Analysis And Model Proposal, Anthony J. Mcfarland

Vanderbilt Law Review

This Note first traces the initial judicial reaction to administrative demands for information and administrative investigations and delineates the constitutional requirement set forth therein. The Note next examines the development of CIDs and analyzes decisions upholding their constitutionality. This Note contends that most courts either have incorrectly applied current administrative standards to the CID or have failed to apply such standards altogether. The analysis is broken down into six parts,each dealing with a separate constitutional basis for a CID challenge. Because most suits that contest CIDs are based on fourth amendment search and seizure issues, the bulk of this Note …

Federal Communications Commission V. Wncn Listeners Guild, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Mcdaniel V. Sanchez, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Pennhurst State School And Hospital V. Halderman, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

A Comparative Study Of Judicial Review Under Nationalist Chinese And American Constitutional Law, Jyh-Pin Fa

Maryland Series in Contemporary Asian Studies

No abstract provided.

Book Review, Stephen W. Gard

Law Faculty Articles and Essays

The author reviews Justice Hugo Black and the First Amendment, edited by Everette E. Dennis, Donald M. Gillmor and David L. Grey.

The Mortgage Subsidy Bond Tax Act Of 1979: An Unwarranted Attack On State Sovereignty, John J. Keohane

Fordham Urban Law Journal

This Article examines the constitutionality of repealing the tax exempt status of interest accrued on bonds issued by states and municipalities. It concludes that repealing this tax exemption is unconstitutional, as it would encroach on state's sovereignty inherently protected by the constitution.

Exclusionary Land Use Controls And The Takings Issue, Robert R. Wright

Law Faculty Scholarship

No abstract provided.

The Constitutionality Of Public School Financing Laws: Judicial And Legislative Interaction, Bruce Gitlin

Fordham Urban Law Journal

This Note looks at the various ways states fund public education. Then the Note examines the how the U.S. Supreme Court's decision of Board of Education v. Nyquist impacts how states fund public education. Finally, the Note argues that the U.S. Supreme Court should expand, rather than contract, the options available for states to fund public education.

The Public Trust Doctrine In Public Land Law, Charles F. Wilkinson

Publications

No abstract provided.

The Foreign Intelligence Surveillance Act Of 1978, Kim L. Kelley

Vanderbilt Journal of Transnational Law

In 1978 Congress enacted and President Carter signed into law the Foreign Intelligence Surveillance Act of 1978 [FISA]. The Act established the exclusive means by which foreign intelligence surveillance within the United States could be conducted. It was a completion of the statutory schemata governing domestic electronic eavesdropping created via Title III of the Omnibus Crime Control Act of 1968 [hereinafter Title III]. Congress enacted the FISA to clarify and delineate the proper interface between the dictates of the fourth amendment and foreign intelligence eavesdropping within the country. It was a legislative response to a void in this area of …

The Unconstitutional Detention Of Mexican And Canadian Prisoners By The United States Government, Jordan J. Paust

Vanderbilt Journal of Transnational Law

A recent article by Professor Bassiouni addresses the procedures for the transfer of prisoners under agreements with Mexico and Canada and certain "substantive constitutional issues" in a most interesting way. Nevertheless an interest in addressing constitutional problems from the most thorough of approaches possible compels further comment on federal powers and constitutional rights. Professor Bassiouni's efforts are noteworthy but his stated conclusion that "[t]he scheme for the transfer of offenders is a laudable step which should be supported by the bench and bar should not be unquestioningly accepted. The transfer agreements represent a retreat from the constitutional protection of fundamental …

East European Perceptions Of The Helsinki Final Act And The Role Of Citizen Initiatives, Vratislav Pechota

Vanderbilt Journal of Transnational Law

Human rights are articulable expressions of legal ideas that can be readily identified. The developments of the last thirty-five years have created a duality of sources from which fundamental rights of the individual derive. There are, on the one hand, national human rights. They derive from the constitution and the laws of each nation, from its traditions, values and other elements that make up what may be appropriately called the "national human rights culture." They are expressive of the specific needs of each society and indicate the purposes for which governments are created. They necessarily differ from one country to …