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Articles 841 - 870 of 919
Full-Text Articles in Constitutional Law
From Needy To Greedy - Are The Elderly A Suspect Class Under The Equal Protection Clause Of The Florida Constitution, John F. Cooper
From Needy To Greedy - Are The Elderly A Suspect Class Under The Equal Protection Clause Of The Florida Constitution, John F. Cooper
St. Thomas Law Review
No abstract provided.
No Different Drummer: The Effect Of The 1983 Amendment To Article I, 12 Of The Florida Constitution, Paul R. Joseph
No Different Drummer: The Effect Of The 1983 Amendment To Article I, 12 Of The Florida Constitution, Paul R. Joseph
St. Thomas Law Review
It is hornbook law that the Bill of Rights provides a constitutional "floor" rather than a "ceiling." This means that the rights contained therein, which limit federal power directly and which are today understood as limiting state power by virtue of the Fourteenth Amendment's Due Process Clause, provide the minimum level of protection which no government may contravene. There is nothing to prevent the enactment of additional limitations on government power by granting or recognizing additional rights. Although such could be enacted as legislation, the focus of this symposium is state constitutions. Thus, for our purposes here, it is only …
In Praise Of Diverse Discourse, Neil H. Cogan
In Praise Of Diverse Discourse, Neil H. Cogan
St. Thomas Law Review
Professor James A. Gardner's article, The Failed Discourse of State Constitutionalism,' is an obituary to state constitutional law. Like some recent academic notices of death, it is not simply premature. It is misconceived. Professor Gardner's obituary has two parts, an empirical part that argues that state constitutional law discourse and, in effect, state constitutional law has failed; and a political part that argues that state constitutional law ought to fail. Neither part is dependent upon the other. Even had Gardner found that state constitutional law discourse is robust, he would nonetheless have argued that state constitutional law ought to fail. …
Back To The Future: Original Intent As A Means For Vitalizing The Fourteenth Amendment In The Context Of Race, Raneta J. Lawson
Back To The Future: Original Intent As A Means For Vitalizing The Fourteenth Amendment In The Context Of Race, Raneta J. Lawson
St. Thomas Law Review
Donald E. Lively's book The Constitution and Race exposes in a methodological way the historical origin of the conflict between symbolism and substance in the context of race. Lively chronicles two centuries of constitutional jurisprudence pertaining to race from the initial deferral of race-based issues at the nation's founding to the modem day catering to majoritarian interests that continues to subordinate racial concerns. Throughout this jurisprudential retrospective, Lively demonstrates how race-based considerations have permeated nearly every aspect of society and yet such considerations remain significantly unattended because of national policies that ultimately indulge competing priorities. Lively argues that a recognition …
Realigning Maternal/Fetal Interests In The Battle Against Substance Abuse, Jeanette Lewis
Realigning Maternal/Fetal Interests In The Battle Against Substance Abuse, Jeanette Lewis
St. Thomas Law Review
America's "War on Drugs" has given rise to political and legal debate concerning the critical health problems presented by maternal drug abuse during pregnancy. The "War," largely characterized by criminal sanctions as opposed to preventative measures, indicates the social attitude and legal response to this crisis. Researchers estimate that 375,000 newborns may be harmed by maternal substance abuse in the United States each year. Furthermore, one in every ten babies born in urban areas has been exposed to cocaine in the womb. Given the epidemic proportions of America's drug problem and its agenda against drug use, it is surprising that …
The Bill Of Rights, Social Contract Theory, And The Rights “Retained” By The People, Thomas B. Mcaffee
The Bill Of Rights, Social Contract Theory, And The Rights “Retained” By The People, Thomas B. Mcaffee
Scholarly Works
The Ninth Amendment provides that “[t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” There is no question that this Amendment was designed as a savings clause, to ensure that the specification of particular rights would not raise an inference that the Bill of Rights exhausted the rights which the people held as against the newly-created national government. But there is an ongoing debate as to nature of these additional rights retained by the people and as to the sort of claim they might support against the exercise …
Uncommon Law And The Bill Of Rights: The Woes Of Constitutionalizing State Common-Law Torts, Elaine W. Shoben
Uncommon Law And The Bill Of Rights: The Woes Of Constitutionalizing State Common-Law Torts, Elaine W. Shoben
Scholarly Works
During the two-hundred-year history of the Bill of Rights, the Supreme Court occasionally has used those first ten Amendments to constitutionalize state common-law torts. In this essay, Professor Elaine Shoben argues that the Court would be well advised to forgo that practice. Pointing to the Court's experience in constitutionalizing defamation law under the First Amendment, Professor Shoben says when the Court meddles in state tort law, the result is a highly complex and very unsatisfactory body of law. On the Bicentennial of the Bill of Rights, this author recommends that if the Court feels compelled to reform a state common-law …
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
Faculty Scholarship
Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …
A Moderate Anti-Abortion View, Bruce Ledewitz
A Moderate Anti-Abortion View, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Passport Photos And Stays Of Execution, Bruce Ledewitz
Passport Photos And Stays Of Execution, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Recent Decisions, United Artists Theatre Circuit, Inc. V. City Of Philadelphia, Bruce Ledewitz
Recent Decisions, United Artists Theatre Circuit, Inc. V. City Of Philadelphia, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Victims Of The Law, Bruce Ledewitz
Victims Of The Law, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Textualism, Constitutionalism, And Federal Statutes, Jerry L. Mashaw
Textualism, Constitutionalism, And Federal Statutes, Jerry L. Mashaw
William & Mary Law Review
No abstract provided.
One Year After Blackwell Many Questions Still Exist, Bruce Ledewitz
One Year After Blackwell Many Questions Still Exist, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Habeas Corpus As A Safety Valve For Innocence, Bruce Ledewitz
Habeas Corpus As A Safety Valve For Innocence, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Morality Of Capital Punishment: An Exchange, Bruce Ledewitz
The Morality Of Capital Punishment: An Exchange, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Sources Of Injustice In Death Penalty Practice, Bruce Ledewitz
Sources Of Injustice In Death Penalty Practice, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Challenge Of, And Judicial Response To, Environmental Provisions In State Constitutions, Bruce Ledewitz
The Challenge Of, And Judicial Response To, Environmental Provisions In State Constitutions, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Morality Of Capital Punishment: An Exchange, Bruce Ledewitz
The Morality Of Capital Punishment: An Exchange, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Speech, Press, Religion And Assembly: Now And Tomorrow, Ellen S. Podgor
Speech, Press, Religion And Assembly: Now And Tomorrow, Ellen S. Podgor
St. Thomas Law Review
It is without doubt befitting that St. Thomas University School of Law's first symposium celebrate the 200th anniversary of the Bill of Rights, with emphasis on the first of its ten amendments. The heritage, birth and growth surrounding this symposium issue serve as evidence that the rights of free speech, press, religion and assembly are not mere abstract guarantees of our "forefathers," but rather, living realities that are being actively applied well beyond any vision of its originators.
Humor, Defamation And Intentional Infliction Of Emotional Distress: The Potential Predicament For Private Figure Plaintiffs, Catherine L. Amspacher, Randel Steven Springer
Humor, Defamation And Intentional Infliction Of Emotional Distress: The Potential Predicament For Private Figure Plaintiffs, Catherine L. Amspacher, Randel Steven Springer
William & Mary Law Review
No abstract provided.
Courts Busy With Challenges To Pennsylvania's Insurance Laws, Bruce Ledewitz
Courts Busy With Challenges To Pennsylvania's Insurance Laws, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Court Lifts Amortization Ban On Pa. Non-Conforming Uses, Bruce Ledewitz
Court Lifts Amortization Ban On Pa. Non-Conforming Uses, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Civil Disobedience, Injunctions, And The First Amendment, Bruce Ledewitz
Civil Disobedience, Injunctions, And The First Amendment, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Manipulation Of Consent: Congressional Limits On Early Election Calls And The United States Constitution, Richard A. Morgan
The Manipulation Of Consent: Congressional Limits On Early Election Calls And The United States Constitution, Richard A. Morgan
St. Thomas Law Review
This article will investigate the disruption created by the early election predictions. It will evaluate the usefulness and lawfulness of a federal enactment that would prevent the networks from disseminating exit polling data on Presidential elections prematurely. It will conclude that such restraints do not contravene the First Amendment, or other provisions of the Constitution of the United States.
Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman
Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman
Scholarly Works
No abstract provided.
Shortened Judicial Term May Prove To Be Lucky, Bruce Ledewitz
Shortened Judicial Term May Prove To Be Lucky, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Tax Reform Held Hostage By Constitutional Amendment, Bruce Ledewitz
Tax Reform Held Hostage By Constitutional Amendment, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals