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Supreme Court

Discipline
Institution
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Publication
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Articles 1321 - 1350 of 1493

Full-Text Articles in Constitutional Law

Rules And Regulations Jan 1992

Rules And Regulations

Touro Law Review

No abstract provided.


Protective Sweep Incident To A Lawful Arrest: An Analysis Of Its Validity Under The Federal And New York State Constitution, Steven M. Fox Jan 1992

Protective Sweep Incident To A Lawful Arrest: An Analysis Of Its Validity Under The Federal And New York State Constitution, Steven M. Fox

Touro Law Review

No abstract provided.


Due Process Jan 1992

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1992

Due Process

Touro Law Review

No abstract provided.


Education Article Jan 1992

Education Article

Touro Law Review

No abstract provided.


Free Speech And School Governance In The Wake Of Hazelwood, Rosemary C. Salomone Jan 1992

Free Speech And School Governance In The Wake Of Hazelwood, Rosemary C. Salomone

Faculty Publications

(Excerpt)

The Supreme Court's 1988 decision in Hazelwood School District v. KuhImeier upholding public school officials' authority to censor material in a high school student newspaper sent immediate shock waves throughout the educational and legal communities. The Court's sweeping language in Hazelwood moved far beyond the narrow issue of school newspaper censorship. It even moved beyond the question of appropriate or acceptable speech in public secondary schools. It was clear that Hazelwood could have far-reaching consequences for student rights, school governance, and the scope of official authority to make curricular decisions that reflect the values of the local community.

Some …


The Role Of Institutional Factors In Protecting Individual Liberties, Thomas W. Merrill Jan 1992

The Role Of Institutional Factors In Protecting Individual Liberties, Thomas W. Merrill

Faculty Scholarship

Questions about the efficacy of the Bill of Rights cry out for serious comparative legal scholarship. Robert Ellickson and Frank Easterbrook suggest that one might approach these questions by looking at different state constitutions. One might also look more seriously at the different constitutional regimes around the world, and try to draw some judgments about what impact, if any, different types of constitutional arrangements have on individual rights. We have heard expressions of skepticism about this approach, but there has been very little serious comparative scholarship by constitutional law scholars in this country. The scholarly tradition in America has been …


Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin Jan 1992

Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Constitutional Principle Of Separation Of Powers, Thomas W. Merrill Jan 1992

The Constitutional Principle Of Separation Of Powers, Thomas W. Merrill

Faculty Scholarship

The Supreme Court has had many occasions in recent years to consider what it calls "the constitutional principle of separation of powers." The principle in question has been effusively praised and on occasion vigorously enforced. But just what is it? The Court clearly believes that the Constitution contains an organizing principle that is more than the sum of the specific clauses that govern relations among the branches. Yet notwithstanding the many testimonials to the importance of the principle, its content remains remarkably elusive.

The central problem, as many have observed, is that the Court has employed two very different conceptions …


Rouge Et Noir Reread: A Popular Constitutional History Of The Angelo Herndon Case, Kendall Thomas Jan 1992

Rouge Et Noir Reread: A Popular Constitutional History Of The Angelo Herndon Case, Kendall Thomas

Faculty Scholarship

In 1932, Eugene Angelo Braxton Hemdon, a young Afro-American member of the Communist Party, U.S.A., was arrested in Atlanta and charged with an attempt to incite insurrection against that state's lawful authority. Some five years later, in Herndon v. Lowry, Herndon filed a writ of habeas corpus asking the U.S. Supreme Court to consider the constitutionality of the Georgia statute under which he had been convicted. Two weeks before his twenty-fourth birthday, the Court, voting 5-4, declared the use of the Georgia political-crimes statute against him unconstitutional on the grounds that it deprived Herndon of his rights to freedom …


Modern Confession Law After Duckworth V. Eagan: What's The Use Of Explaining?, Julia C. Weissman Jul 1991

Modern Confession Law After Duckworth V. Eagan: What's The Use Of Explaining?, Julia C. Weissman

Indiana Law Journal

No abstract provided.


Authoritarianism And The Rule Of Law, Lynne Henderson Apr 1991

Authoritarianism And The Rule Of Law, Lynne Henderson

Indiana Law Journal

No abstract provided.


Drug Testing And Welfare: Taking The Drug War To Unconstitutional Limits?, Philippa M. Guthrie Apr 1991

Drug Testing And Welfare: Taking The Drug War To Unconstitutional Limits?, Philippa M. Guthrie

Indiana Law Journal

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Trial By Jury Jan 1991

Trial By Jury

Touro Law Review

No abstract provided.


Qualifications Of Governor And Lieutenant-Governor Jan 1991

Qualifications Of Governor And Lieutenant-Governor

Touro Law Review

No abstract provided.


Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman Jan 1991

Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman

Touro Law Review

No abstract provided.


Interaction Between State And Federal Right To Counsel: The Overruling Of Bartolomeounsel: The Overruling Of Bartolomeo, Joseph D. Sullivan Jan 1991

Interaction Between State And Federal Right To Counsel: The Overruling Of Bartolomeounsel: The Overruling Of Bartolomeo, Joseph D. Sullivan

Touro Law Review

No abstract provided.


Confrontation Clause Jan 1991

Confrontation Clause

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Justice Brennan And The First Amendment Minefield: In Respectful Appreciation, Ralph Michael Stein Jan 1991

Justice Brennan And The First Amendment Minefield: In Respectful Appreciation, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

It is a special privilege, and a personal joy, for me to have the opportunity to contribute a piece honoring such a revered figure. I make no claim to scholarly objectivity. My premise is simple: William J. Brennan has given us a legacy of first amendment decisions, concurrences, and dissents that reflect great honor on the jurist. My portion of this Festschrift provides selected examples of Justice Brennan's contribution, and concludes by thanking him for serving, through his opinions, as a mentor for me throughout my career as a teacher of constitutional law.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Justice Harlan And The Bill Of Rights: A Dichotomy In Constitutional Analysis, Roger J. Miner '56 Jan 1991

Justice Harlan And The Bill Of Rights: A Dichotomy In Constitutional Analysis, Roger J. Miner '56

Endowed/named Lectures and Keynote Addresses

No abstract provided.


Power Not Reason: Justice Marshall's Valedictory And The Fourth Amendment In The Supreme Court's 1990 Term , Bruce A. Green Jan 1991

Power Not Reason: Justice Marshall's Valedictory And The Fourth Amendment In The Supreme Court's 1990 Term , Bruce A. Green

Faculty Scholarship

In its 1990 Term, the United States Supreme Court heard five cases involving the Fourth Amendment. In this article, Professor Bruce Green analyzes these five search-and-seizure decisions in light of Justice Marshall's criticism that '[Plower, not reason, is the new currency of this Court's decision-making." He examines the various considerations the Court advances in its Fourth Amendment analysis-interpretive principle, policy, and precedent--and discovers inconsistencies in the importance assigned to each of these considerations in a series of cases decided very close together by virtually the same Justices. Each approach controlled, Professor Green argues, only when it could be said to …


Environmental Law (Symposium: The Supreme Court And Local Government Law: The 1989-90 Term), Leon D. Lazer Jan 1991

Environmental Law (Symposium: The Supreme Court And Local Government Law: The 1989-90 Term), Leon D. Lazer

Scholarly Works

No abstract provided.


Section 1983, Martin A. Schwartz, George Pratt, Leon Friedman Jan 1991

Section 1983, Martin A. Schwartz, George Pratt, Leon Friedman

Scholarly Works

No abstract provided.


Right-To-Die, Bruce N. Morton Jan 1991

Right-To-Die, Bruce N. Morton

Scholarly Works

No abstract provided.


Religious Purpose, Inerrancy, And The Establishment Clause, Daniel O. Conkle Jan 1991

Religious Purpose, Inerrancy, And The Establishment Clause, Daniel O. Conkle

Indiana Law Journal

No abstract provided.


Introduction, Howard Glickstein, Leon D. Lazer Jan 1991

Introduction, Howard Glickstein, Leon D. Lazer

Touro Law Review

No abstract provided.