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Articles 811 - 840 of 919
Full-Text Articles in Constitutional Law
The Supreme Court And Local Government Law 1993-94 Term: Introduction, Howard A. Glickstein
The Supreme Court And Local Government Law 1993-94 Term: Introduction, Howard A. Glickstein
Touro Law Review
No abstract provided.
How To Prevent Another Larsen Affair, Bruce Ledewitz
How To Prevent Another Larsen Affair, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Punishment Most Cruel, Bruce Ledewitz
Punishment Most Cruel, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Rico's Latest Victim—Social Protest, Bruce Ledewitz
Rico's Latest Victim—Social Protest, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
What's Really Wrong With The Supreme Court Of Pennsylvania, Bruce Ledewitz
What's Really Wrong With The Supreme Court Of Pennsylvania, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Role Of Lower State Courts In Adapting State Law To Changed Federal Interpretations, Bruce Ledewitz
The Role Of Lower State Courts In Adapting State Law To Changed Federal Interpretations, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Despite Anti-Stalking Laws, Stalkers Continue To Stalk: Are These Laws Constitutional And Effective, Lisa I. Steinman
Despite Anti-Stalking Laws, Stalkers Continue To Stalk: Are These Laws Constitutional And Effective, Lisa I. Steinman
St. Thomas Law Review
This Note evaluates the national stalking laws, examines Florida's current anti-stalking law, and develops appropriate direction for the state anti-stalking statutes in the future. Part II describes four case histories. Part III discusses the federal legislation to stop stalking. Part IV discusses the Florida anti-stalking law, its constitutionality, and compares it to the stalking laws of the other states. Part V discusses the effectiveness of the Florida stalking law. Part VI discusses present and future alternatives to these anti-stalking statutes. Part VII contains a proposal of a model statute providing lawmakers with an example of a constitutional and effective law …
The Disabled, The Ada, And Strict Scrutiny, James B. Miller
The Disabled, The Ada, And Strict Scrutiny, James B. Miller
St. Thomas Law Review
This Note argues that Congress has statutorily overturned City of Cleburne v. Cleburne Living Ctr., Inc.'s holding of "rational basis" review for the disabled, through its enactment of the Americans With Disabilities Act of 1990. The argument focuses upon the fact that the United States Supreme Court affords Congress substantial deference in both its fact-finding capacity and in its lawmaking capacity in constitutional matters, especially in the realm of the Fourteenth Amendment's Equal Protection Clause. This Note will distinguish Heller v. Doe by arguing that although it was a proper decision, the Court failed to state that the correct standard …
The "Wrap" On Probable Cause: The Fourth Amendment Contained, Paul L. Kaminsky
The "Wrap" On Probable Cause: The Fourth Amendment Contained, Paul L. Kaminsky
St. Thomas Law Review
Part I of this Note begins by exploring the meaning of probable cause, briefly tracing its development. Part I continues with an examination of how the Supreme Court's interpretation of the Fourth Amendment and the probable cause requirement relates to searches and seizures of containers, specifically, containers that may fall within the Sanders' footnote "exception." The relationship between the Sanders doctrine and that of the "plain view" doctrine will also be examined. In Part II, this Note presents the case of United States v. Prandy-Binett as an example of the above-mentioned doctrinal exceptions to the requirements of the Fourth Amendment …
Trial By Tabloid, Mercy Hermida
Trial By Tabloid, Mercy Hermida
St. Thomas Law Review
An intense conflict has persisted throughout legal history between the practical application of the First and Sixth Amendments. The controversy between these two guarantees has been a constant debate for decades. On the one hand, the First Amendment guarantees the media the Constitutional right to report the news via their right to freedom of expression. Alternatively, the Sixth Amendment guarantees the criminally accused the right to a fair trial decided by an impartial jury. Although these two guarantees are not seemingly contradictory, they ultimately collide when the media, in asserting its First Amendment right, so intrudes and disrupts a criminal …
Is The Death Knell Sounding For Animal Rights - The Sacrifice Of Animals For Religious Purposes Under The Guise Of The First Amendment Right To The Free Exercise Of Religion, Mercedes A. Sanchez
Is The Death Knell Sounding For Animal Rights - The Sacrifice Of Animals For Religious Purposes Under The Guise Of The First Amendment Right To The Free Exercise Of Religion, Mercedes A. Sanchez
St. Thomas Law Review
As a result of several Supreme Court decisions and a recent legislative enactment, it has become increasingly more difficult to protect animal rights through legislation. This is particularly true when the legislation is challenged as unduly encroaching upon the free exercise of religion. This comment questions the Court's most recent application of the strict scrutiny standard in free exercise challenges which effectively swept away the rights of animals. First, this comment discusses the evolution of animal legal rights. Next, this comment provides an overview of free exercise jurisprudence with particular emphasis on the test articulated in Employment Division, Department of …
Clergy Sexual Misconduct: Confronting The Difficult Constitutional And Institutional Liability Issues, James T. O'Reilly, Joann M. Strasser
Clergy Sexual Misconduct: Confronting The Difficult Constitutional And Institutional Liability Issues, James T. O'Reilly, Joann M. Strasser
St. Thomas Law Review
Sexual misconduct among clergy members is a rare but troubling societal phenomenon, made more evident in the 1990s by dramatic news reporting and high-profile litigation demands. Revelation is no longer just an uplifting part of the New Testament; revelation is a tabloid tactic for uplifting television ratings and newspaper sales by assailing massive sexual scandals in the churches. This article focuses on a clash of doctrines that is developing in tort cases, when institutional churches are sued for failure to adequately oversee and control their errant ministers and priests. The clash arises because the religious doctrines of faith, responsibility and …
It's Not Just Larsen, Bruce Ledewitz
It's Not Just Larsen, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Clinic Bill Strikes At Nonviolent Protest, Bruce Ledewitz
Clinic Bill Strikes At Nonviolent Protest, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Mishandling The Current Crisis, Bruce Ledewitz
Mishandling The Current Crisis, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Role Of Executive Clemency In Modern Death Penalty Cases, Bruce Ledewitz
The Role Of Executive Clemency In Modern Death Penalty Cases, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Reflections On The American And Talmudic Death Penalty, Bruce Ledewitz
Reflections On The American And Talmudic Death Penalty, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
No Punishment Without Cruelty, Bruce Ledewitz
No Punishment Without Cruelty, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Could The Death Penalty Be A Cruel Punishment?, Bruce Ledewitz
Could The Death Penalty Be A Cruel Punishment?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
A Note To Our Readers, The Editors
Diversity And Discrimination In Our Midst: Musings On Constitutional Schizophrenia, Cultural Conflict, And 'Interculturalism' At The Threshold Of A New Century, Francisco Valdes
Diversity And Discrimination In Our Midst: Musings On Constitutional Schizophrenia, Cultural Conflict, And 'Interculturalism' At The Threshold Of A New Century, Francisco Valdes
St. Thomas Law Review
This essay argues that the 1990s pose a postponed but inescapable challenge: the fulfillment of the nation's historic commitment to liberty/ equality ideals for all Americans, regardless of race/ethnicity, sex/gender, economic class or sexuality/sexual orientation. In pursuing this argument, this essay traces the historical and jurisprudential continuities regarding (non)liberty/(in)equality that has plagued the American constitutional order from inception to the present, and then focuses on current controversies. Part I sketches a brief history of the liberty/ equality and non-liberty/inequality cross-traditions embedded into American law and society at the nation's genesis in order to show how the cross-traditions work at cross-purposes …
From The Constitutionality Of Juvenile Curfew Ordinances To A Children's Agenda For The 1990'S: Is It Really A Simple Matter Of Supporting Family Values And Recognizing Fundamental Rights, Michael Jordan
St. Thomas Law Review
No abstract provided.
Why Family Values Faltered: Capitalism, Bruce Ledewitz
Why Family Values Faltered: Capitalism, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Casey Conundrum, Bruce Ledewitz
The Casey Conundrum, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Case Of The Bogus Ballot Summary: Grose V. Firestone, Thomas C. Marks
The Case Of The Bogus Ballot Summary: Grose V. Firestone, Thomas C. Marks
St. Thomas Law Review
No abstract provided.
Failed Or Uneven Discourse Of State Constitutionalism: Governmental Structure And State Constitutions, Jeffrey A. Parness
Failed Or Uneven Discourse Of State Constitutionalism: Governmental Structure And State Constitutions, Jeffrey A. Parness
St. Thomas Law Review
In his recent article in the Michigan Law Review, entitled "The Failed Discourse of State Constitutionalism," Professor James A. Gardner examines the responses to Justice Brennan's invitation to state high courts "to seize control of the protection of constitutional rights by looking to state constitutions as potentially more generous guarantors of individual rights than the U.S. Constitution." He finds the responses in the "voluminous body of commentary" by "distinguished state jurists" and "prolific academics" to be "extraordinarily optimistic about the prospects for state constitutional law ... not only to meet J u s t i c e Brennan's challenge, but …
Bearing Arms In State Bills Of Rights, Judicial Interpretation, And Public Housing, Robert Dowlut
Bearing Arms In State Bills Of Rights, Judicial Interpretation, And Public Housing, Robert Dowlut
St. Thomas Law Review
This article will review how state courts interpret state constitutional guarantees to arms, address the refusal by some courts to apply established rules on the interpretation of constitutional guarantees to arms cases, and examine discriminatory firearm bans in public housing.
Capital Punishment And Equal Protection: Constitutional Problems, Race And The Death Penalty, Stan Robin Gregory
Capital Punishment And Equal Protection: Constitutional Problems, Race And The Death Penalty, Stan Robin Gregory
St. Thomas Law Review
This comment will (i) demonstrate that black defendants as well as black victims in death penalty cases, are not equally protected under the Fourteenth Amendment of the Constitution and (ii) propose a solution to provide blacks equal protection, as contemplated by the framers of the United States Constitution, when they face execution. This comment is not intended to present the argument that a death row inmate should share the same equal protection with that of law abiding citizens. Rather, this comment stands for the proposition that as a group, all death row inmates should be equally protected regardless of race.
The Fourteenth Amendment: Original Intent And Modern Possibility, Donald E. Lively
The Fourteenth Amendment: Original Intent And Modern Possibility, Donald E. Lively
St. Thomas Law Review
This essay is derived in part from the author's book THE CONSTITUTION AND RACE (1992). Copyright 1992 by Donald E. Lively.
The State And Federal Religion Clauses: Differences Of Degree And Kind, Neil Mccabe
The State And Federal Religion Clauses: Differences Of Degree And Kind, Neil Mccabe
St. Thomas Law Review
This article will critically analyze some recent decisions that have recognized greater rights under state constitutions in the area of religious freedom, but it will place more emphasis on the possibility of lesser or different protection under the state constitutions.