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Articles 1441 - 1470 of 1493
Full-Text Articles in Constitutional Law
Village Of Arlington Heights V. Metropolitan Housing Development Corp., 97 S. Ct. 555 (1977), Karen K. Kinkennon
Village Of Arlington Heights V. Metropolitan Housing Development Corp., 97 S. Ct. 555 (1977), Karen K. Kinkennon
Florida State University Law Review
Zoning- DISCRIMINATORY INTENT MUST BE PROVED BEFORE COURTS MAY REACH FOURTEENTH AMENDMENT EQUAL PROTECTION ISSUES.
Toward A Representation-Reinforcing Mode Of Judicial Review, John Hart Ely
Toward A Representation-Reinforcing Mode Of Judicial Review, John Hart Ely
Maryland Law Review
No abstract provided.
Constitutional Law - Fourteenth Amendment - Statute Denying Illegitimates The Right To Inherit By Intestate Succession From Their Fathers Held To Be Invidious Discrimination In Violation Of The Equal Protection Clause Of The Fourteenth Amendment, Lisa S. Hunter
Villanova Law Review (1956 - )
No abstract provided.
Federal Habeas Corpus And Ineffective Representation Of Counsel: The Supreme Court Has Work To Do, Peter W. Tague
Federal Habeas Corpus And Ineffective Representation Of Counsel: The Supreme Court Has Work To Do, Peter W. Tague
Georgetown Law Faculty Publications and Other Works
The availability of federal habeas corpus relief for state criminal defendants has always borne a complex relationship to state rules barring defendants from litigating constitutional claims in state court because of procedural defaults in raising those claims. The Warren Court's landmark attempt to resolve this relationship was the 1963 decision in Fay v. Noia, which asserted that a state procedural forfeiture rule could not bar federal habeas review of a constitutional claim unless the defendant had "deliberately bypassed" the procedural opportunity to raise the claim; the Court defined "deliberate bypass" in terms of a defendant's intentional and voluntary relinquishment of …
Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer
Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer
Scholarly Works
No abstract provided.
The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression, Stephen W. Gard, Jeffrey Endress
The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression, Stephen W. Gard, Jeffrey Endress
Cleveland State Law Review
The United States Supreme Court, in FCC v. Pacifica Foundation, had a magnificent opportunity to either begin the process of defining first amendment limitations on the scope of the authority of the FCC to regulate the content of broadcast expression, explicate a rational ground for the differential status of broadcasting, or perhaps both. The purpose of this article is not to debate the wisdom of the use of sensitive language on the electronic media or elsewhere. Nor is it our purpose to debate the substantive question of whether the Court reached the proper result in Pacifica, although we will necessarily …
The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression, Stephen W. Gard, Jeffrey Endress
The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression, Stephen W. Gard, Jeffrey Endress
Cleveland State Law Review
The United States Supreme Court, in FCC v. Pacifica Foundation, had a magnificent opportunity to either begin the process of defining first amendment limitations on the scope of the authority of the FCC to regulate the content of broadcast expression, explicate a rational ground for the differential status of broadcasting, or perhaps both. The purpose of this article is not to debate the wisdom of the use of sensitive language on the electronic media or elsewhere. Nor is it our purpose to debate the substantive question of whether the Court reached the proper result in Pacifica, although we will necessarily …
Book Review: The Law Of Obscenity, Edward J. Berbusse, S.J.
Book Review: The Law Of Obscenity, Edward J. Berbusse, S.J.
Fordham Urban Law Journal
Edward J. Berbusse, S.J. reviews The Law of Obscenity by Frederick F. Schauer. Schauer's book provides a historical perspective on obscenity law, tracking developments through several centuries. It begins with a look at obscenity law within the Church during the 16th and moves through civil law in England and up to the present in the United States. The book then explores the Miller v. California decision and the Supreme Court's move to a local standard, rather than national, of obscenity. In addition to the Miller case, Schauer looks at other important decisions which developed the modern body of law focusing …
Equality Before The Law And The Indian Act: In Defence Of The Supreme Court, Patrick N. Mcdonald
Equality Before The Law And The Indian Act: In Defence Of The Supreme Court, Patrick N. Mcdonald
Dalhousie Law Journal
The British North America Act' declares in section 91(24) that the exclusive legislative authority of Parliament extends to "Indians, and Lands reserved for the Indians". The Canadian Bill of Rights provides that no law of Canada shall be applied so as to abridge the right of the individual to equality before the law without discrimination by reason of race, national origin, colour, religion or sex. Three recent decisions of the Supreme Court of Canada have grappled with the reconciliation of constitutional authorization and statutory proscription. The trilogy has evoked a virtually unprecedented volume of critical comment, the common feature of …
Constitutional Law - Disciplinary Infliction Of Corporal Punishment By Public School Authorities Without A Prior Hearing Is Not Cruel And Usual Punishment And Is Not Violative Of The Student's Fourteenth Amendment Procedural Due Process Rights, Mary Lynn Bingham
Villanova Law Review (1956 - )
No abstract provided.
Government By Judiciary: The Transformation Of The Fourteenth Amendment, Gerard E. Lynch
Government By Judiciary: The Transformation Of The Fourteenth Amendment, Gerard E. Lynch
Faculty Scholarship
As its title suggests, Raoul Berger's Government by Judiciary states an extreme version of a familiar thesis: The Supreme Court has abandoned its proper role as interpreter of the Constitution and has usurped the power to act as a third legislative chamber. Like kadis under a tree, the Court creates law from mere personal predilections. The main instrument of this judicial coup has been the fourteenth amendment. Government by Judiciary is an historian's book, strongest when using the historian's tools to illuminate the past. Underlying this research, however, is a remarkably simplistic theory of constitutional interpretation, a theory that forms …
The Taney Period, 1836-64, David S. Bogen
Constitutional Common Law, Henry Paul Monaghan
Constitutional Common Law, Henry Paul Monaghan
Faculty Scholarship
Mr. Justice Powell has publicly characterized the 1974 Term of the Supreme. Court as a "dull" one. Whatever the accuracy of that description, the 1974 Term was, in the public eye, a quiet one. When, late in the Term, the Court ordered the death penalty case held over for reargument, it ensured that the 1974 Term would generate few front-page testimonials to the supreme authority of the Supreme Court. But neither a dull nor a quiet Term can obscure the current reality that the Court's claim to be the "ultimate interpreter of the Constitution" appears to command more nearly universal …
The Court, The Constitution, And Chief Justice Burger, William F. Swindler
The Court, The Constitution, And Chief Justice Burger, William F. Swindler
Vanderbilt Law Review
Although the constitutional crisis of 1973 has not yet demanded a definitive response from the Supreme Court, it obviously has established a landmark in the ultimate history of Warren Burger's Chief Justiceship. While the unprecedented confrontation between executive and judiciary was not carried beyond the Court of Appeals for the District of Columbia, Burger's old court,' and although the prospective confrontation between executive and Congress did not--at least in its first round-- reach a stage of review on the merits, the questions presented went to the cornerstones of Anglo-American constitutional theory itself. The case of Vice President Agnew raised issues …
Book Review: Antecedents And Beginnings To 1801, David S. Bogen
Book Review: Antecedents And Beginnings To 1801, David S. Bogen
Faculty Scholarship
No abstract provided.
Juridical Cripples: Plurality Opinions In The Supreme Court, John F. Davis, William L. Reynolds
Juridical Cripples: Plurality Opinions In The Supreme Court, John F. Davis, William L. Reynolds
Faculty Scholarship
No abstract provided.
A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne
A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne
Faculty Scholarship
This comparison of United States v. Nixon and the Pentagon Papers case finds the greatest similarity and significance shared by the two cases was the anti-climactic nature of their conclusions. While both cases concerned constitutional questions of the highest order, centered around the scope of the executive power, both cases were drawn on such narrow grounds that there was hardly any effect on constitutional law doctrine.
The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills
The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills
Scholarly Publications
The Supreme Court's decision abolishing the death penalty, at least as it existed in most jurisdictions, hardly represents the final resolution of the controversy over capital punishment. Given substantial public sentiment which apparently favors capital punishment in some form-voiced, for example, in the results of the recent referendum in California-various legislative bodies will face the question of whether capital punishment can and should be legislatively reinstated. In December 1972 the State of Florida became the first jurisdiction to pass judgment on this question. The legislature enacted a bill allowing imposition of the death penalty in certain circumstances. The two articles …
Constitutional Adjudication: The Who And When, Henry Paul Monaghan
Constitutional Adjudication: The Who And When, Henry Paul Monaghan
Faculty Scholarship
When the newly appointed Justices of the Supreme Court assembled in the Royal Exchange Building in New York for their first session on February 2, 1790, the most farsighted individual could not have foreseen what the future held for this tribunal. Now less than a generation short of its 200th anniversary, the Court is universally acknowledged to be the final and authoritative expositor of the Constitution. Yet after almost two centuries, questions concerning this power of the Court to interpret the Constitution remain. The first set of questions centers on the substantive standards for constitutional adjudication. The second, with which …
Book Review: Reconstruction And Reunion, 1864-88, Part One, David S. Bogen
Book Review: Reconstruction And Reunion, 1864-88, Part One, David S. Bogen
Faculty Scholarship
No abstract provided.
Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski
Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski
Faculty Scholarship
IN 1946 JUSTICE HUGO BLACK DECLARED that one of the objects of the fourteenth amendment was to apply the Bill of Rights to the States. He was confident that an analysis of the intent of the framers of the amendment would support his assertion. A few years later the Supreme Court requested such an investigation, but when the analysis was made and the results presented to it, the Supreme Court concluded that the framers' intent could not be determined. The uncertainty surrounding the intent of the framers of the fourteenth amendment has had profound implications on the application of that …
Right To Jury Trial: Indiana's Misapplication Of Due Process Standards In Delinquency Hearings, Robert Gullick
Right To Jury Trial: Indiana's Misapplication Of Due Process Standards In Delinquency Hearings, Robert Gullick
Indiana Law Journal
No abstract provided.
The Supreme Court: Viable Fallibilism Or Fatal Infallibility, Bernard Goodwin
The Supreme Court: Viable Fallibilism Or Fatal Infallibility, Bernard Goodwin
Vanderbilt Law Review
The recent growth in the importance and apparent power of the Supreme Court has been one result of our rapidly changing twentieth century society. In the social ferment of the last two decades, the Court, more than Congress, has expressed the conscience and intellectual consensus of American culture. Speaking as a practicing attorney and concerned citizen, the author of this article does not criticize the Court for stepping into this gap in our governmental structure, but he feels that the possibility of increased activism on the part of the Court indicates a serious breakdown in governmental checks and balances and …
First Amendment "Due Process", Henry Paul Monaghan
First Amendment "Due Process", Henry Paul Monaghan
Faculty Scholarship
A number of recent Supreme Court opinions, primarily in the obscenity area, have fastened strict procedural requirements on governmental action aimed at controlling the exercise of first amendment rights. Professor Monaghan believes that there are two basic principles that can be distilled from these cases: that a judicial body, following an adversary hearing, must decide on the protected character of the speech, and that the judicial determination must either precede or immediately follow any governmental action which restricts speech. The author argues that these two broad principles should limit any governmental activity which affects freedom of speech, no matter how …
Book Reviews, Law Review Staff
Book Reviews, Law Review Staff
Vanderbilt Law Review
This is a deceptive book. It appears to be one more friendly appraisal of the work of the Warren Court--this time from the recent Solicitor General-surveying in giant steps and broad strokes its decisions in six major areas within the short space of 135 pages. On close reading it turns out to be a tough-minded essay written with notable lucidity, analytical density, and high professional competence. Moreover, it confronts directly and steadily the well-worn paradox or dilemma of the Supreme Court of the United States which must be both court and political institution, and it seriously attempts to appraise the …
Labor Law Decisions Of The Supreme Court, October Term 1967-68, Charles H. Livengood Jr.
Labor Law Decisions Of The Supreme Court, October Term 1967-68, Charles H. Livengood Jr.
Faculty Scholarship
No abstract provided.
The Reapportionment Cases: Cognitive Lag, The Malady And Its Cure, E. F. Roberts, Paul T. Shultz Iii
The Reapportionment Cases: Cognitive Lag, The Malady And Its Cure, E. F. Roberts, Paul T. Shultz Iii
Cornell Law Faculty Publications
The reapportionment cases have been considered by many to be the product of a liberal, activist Court which is endeavoring to reshape America’s political life according to its own views. The authors of this article assert that, to the contrary, the Court actually is reacting to the incontrovertible fact of the modern predominance of urban complexities which have rendered inappropriate our older political boundaries. In this sense, they consider the Court’s decisions conservative rather than liberal- because the Court’s purpose is to maintain a version of federalism along state boundaries which may have become outmoded even before the Court entered …
Professor Kurland, The Supreme Court And Political Science, Donald P. Kommers
Professor Kurland, The Supreme Court And Political Science, Donald P. Kommers
Journal Articles
IN A SYMPOSIUM held at the Notre Dame Law School on February 29, 1964, on several constitutional amendments designed to limit the power of the Supreme Court, Professor Philip B. Kurland of the University of Chicago Law School read a terse and delightfully witty paper in which he compared the Supreme Court to Caesar, sieged on the one side by the modem forces of Brutus, and championed on the other side by the contemporary Mark Antonys. There was no doubt in Professor Kurland's mind that the efforts of conspirators like the Council of State Governments, not to mention its less …
Court-Curbing Periods In American History, Stuart S. Nagel
Court-Curbing Periods In American History, Stuart S. Nagel
Vanderbilt Law Review
Due to its unavoidable involvement in the political process, the Supreme Court has often been an object of congressional attack. Excellent descriptive studies have been made of certain periods of conflict between Congress and the Court,' but there is a lack of writing which systematically analyzes relations between Congress and the Court throughout American history. It is the purpose of this: paper to analyze in a partially quantitative manner some of the factors which seem to account for the occurrence or nonoccurrence and for the success or failure of congressional attempts to curb the Court.