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Articles 1021 - 1050 of 1494
Full-Text Articles in Constitutional Law
Due Process, Kathleen Byrne
Equal Protection, Michele Molfetta
Ex Post Facto, Robert Gingher
Legislative Powers, Ivonne Polasky
Public Welfare, Christopher Vatter
Search And Seizure, Susan Clark
Search And Seizure, Doris Waldmann
Self Incrimination, Dianne K. Leverrier
Takings, Diana Coen
Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz
Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz
Touro Law Review
No abstract provided.
Towards A More Perfect Union: Some Thoughts On Amending The Constitution, Thomas E. Baker
Towards A More Perfect Union: Some Thoughts On Amending The Constitution, Thomas E. Baker
Faculty Publications
No abstract provided.
Due Process, Kimberly Lumpee
Establishment Of Religion, Robert Gingher
Speech And Debate, Edward Callaghan
The Section 5 Mystique, Morrison, And The Future Of Federal Antidiscrimination Law, Margaret H. Lemos, Samuel Estreicher
The Section 5 Mystique, Morrison, And The Future Of Federal Antidiscrimination Law, Margaret H. Lemos, Samuel Estreicher
Faculty Scholarship
No abstract provided.
Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz
Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz
Scholarly Works
No abstract provided.
Confrontation Clause, Doris Waldman
Due Process, Patricia Becker
Local Elections, Roger Moran
Due Process, Magdale L. Labbe
Preemption, Roger Moran
Trial By Jury, Diana Coen
Due Process And Fundamental Rights, Martin A. Schwartz
Due Process And Fundamental Rights, Martin A. Schwartz
Scholarly Works
No abstract provided.
Commerce Clause, Ivonne Polasky
Double Jeopardy, Robyn Mendelson
Justiciability, Kimberly R. Mccrosson
Francis Bacon Takes On The Ghouls: The "First Principles" Of Religious Freedom, Richard W. Garnett
Francis Bacon Takes On The Ghouls: The "First Principles" Of Religious Freedom, Richard W. Garnett
Journal Articles
John Witte, Jr.
Religion and the American Constitutional Experiment:
Essential Rights and Liberties
Westview Press 2000
From the Review
This is a great time for students of the First Amendment's Religion Clauses and of what Professor John Witte calls the American "experiment" with religious freedom. We've been blessed these past few years with an in-print seminar - an upper-division offering, team-taught by faculty heavyweights - on this experiment, its products and prospects, and the values that have shaped it. Our teachers and texts have included, to name just a few, Professor Steven Smith's Foreordained Failure: The Constitutional Quest for a …
When The Wall Has Fallen: Decades Of Failure In The Supervision Of Capital Juries, José F. Anderson
When The Wall Has Fallen: Decades Of Failure In The Supervision Of Capital Juries, José F. Anderson
All Faculty Scholarship
Since the return of capital punishment after Furman v. Georgia nearly three decades ago, the Supreme Court of the United States has struggled to control the administration of capital punishment when those decisions are made or recommended by a citizen jury. Although there is no constitutional requirement that a jury participate in the death penalty process, most states do provide, through their capital punishment statutes, that a jury will participate in the decision. The preference for jury sentencing in these circumstances reflects a reluctance to leave power over life solely in the hands of one judge. Still, some scholars have …
Search And Seizure – Police Searches On Public School Campuses In New Mexico – State V. Tywayne H., Michael W. Doyle
Search And Seizure – Police Searches On Public School Campuses In New Mexico – State V. Tywayne H., Michael W. Doyle
Faculty Scholarship
In State v. Tywayne H. the New Mexico Court of Appeals held that the lowered standard of reasonable suspicion that the United States Supreme Court applied to school officials in New Jersey v. T.L.O. would not apply to police officers invited onto a public school campus if the police officers conducted the search solely at their own discretion. Thus, the court held that a police officer will be held to the standard of probable causefor searches on public school campuses. Prior to Tywayne H., New Mexico courts had not addressed the standard to which police would be held when …
Sovereign Immunity, Due Process, And The Alden Trilogy, Carlos Manuel Vázquez
Sovereign Immunity, Due Process, And The Alden Trilogy, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
In Alden v. Maine, the Court held that the principle of sovereign immunity protects states from being sued without their consent in their own courts by private parties seeking damages for the states' violation of federal law. The Court thus rejected the "forum allocation" interpretation of the Eleventh Amendment, under which the Amendment serves merely to channel suits against the states based on federal law into the state courts, which are required by the Supremacy Clause to entertain such suits. The Court held instead that the Eleventh Amendment protects the states from being subjected to private damage liability by …