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Constitutional Law

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Articles 3031 - 3060 of 3518

Full-Text Articles in Courts

The Jury's Role In Capital Cases Is Immune From Judicial Interference, Raoul Berger May 1990

The Jury's Role In Capital Cases Is Immune From Judicial Interference, Raoul Berger

BYU Law Review

No abstract provided.


The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator Apr 1990

The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III


The Constitution As Architecture: A Charette, Larry Kramer Apr 1990

The Constitution As Architecture: A Charette, Larry Kramer

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III


Article Iii Courts And The Constitutional Structure, David A. Strauss Apr 1990

Article Iii Courts And The Constitutional Structure, David A. Strauss

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III


Social Security Disability Determinations: Recommendations For Reform, Richard E. Levy Mar 1990

Social Security Disability Determinations: Recommendations For Reform, Richard E. Levy

BYU Law Review

No abstract provided.


Book Review: The Limits Of Judicial Power: The Supreme Court In American Politics, David S. Bogen Jan 1990

Book Review: The Limits Of Judicial Power: The Supreme Court In American Politics, David S. Bogen

Faculty Scholarship

No abstract provided.


Retrospective Justification, Jeffrey Malkan Jan 1990

Retrospective Justification, Jeffrey Malkan

Touro Law Review

No abstract provided.


New York's Real Property Tax Law: The More Changes That Are Made, The More Things Stay The Same, Ira M. Sockowitz Jan 1990

New York's Real Property Tax Law: The More Changes That Are Made, The More Things Stay The Same, Ira M. Sockowitz

Touro Law Review

No abstract provided.


Dellmuth V. Muth: The Eleventh Amendment Pierces The Legal Shield Of Eha Protection, 23 J. Marshall L. Rev. 487 (1990), Paula K. Maguire Jan 1990

Dellmuth V. Muth: The Eleventh Amendment Pierces The Legal Shield Of Eha Protection, 23 J. Marshall L. Rev. 487 (1990), Paula K. Maguire

UIC Law Review

No abstract provided.


Caplin & Drysdale, Chartered V. United States: Supreme Court Approves Attorney Fee Foreiture, 23 J. Marshall L. Rev. 471 (1990), Stephen M. Kightlinger Jan 1990

Caplin & Drysdale, Chartered V. United States: Supreme Court Approves Attorney Fee Foreiture, 23 J. Marshall L. Rev. 471 (1990), Stephen M. Kightlinger

UIC Law Review

No abstract provided.


New York V. Sullivan: Shhh .... Don't Say The A Word - Another Outcome-Oriented Abortion Decision, 23 J. Marshall L. Rev. 753 (1990), Christopher C. Kendall Jan 1990

New York V. Sullivan: Shhh .... Don't Say The A Word - Another Outcome-Oriented Abortion Decision, 23 J. Marshall L. Rev. 753 (1990), Christopher C. Kendall

UIC Law Review

No abstract provided.


Affordable Housing Forum, Richard F. Bellman, John M. Armentano, Alan Mallach Jan 1990

Affordable Housing Forum, Richard F. Bellman, John M. Armentano, Alan Mallach

Touro Law Review

No abstract provided.


The Medical Waste Tracking Act Of 1988: An Analysis Of Its Provisions And Its Effect On New York State, Laurence D. Granite Jan 1990

The Medical Waste Tracking Act Of 1988: An Analysis Of Its Provisions And Its Effect On New York State, Laurence D. Granite

Touro Law Review

No abstract provided.


Dancing In The Dark: The Eighth Circuit's Interpretation Of The Establishment Clause In Clayton By Clayton V. Place, Jeffrey A. Leon Jan 1990

Dancing In The Dark: The Eighth Circuit's Interpretation Of The Establishment Clause In Clayton By Clayton V. Place, Jeffrey A. Leon

Indiana Law Journal

No abstract provided.


Using The Constitution: Separation Of Powers And Damages For Constitutional Violations, James A. Thomson Jan 1990

Using The Constitution: Separation Of Powers And Damages For Constitutional Violations, James A. Thomson

Touro Law Review

No abstract provided.


A Plea For Help: Pleading Problems In Section 1983 Municipal Liability Claims, Evan S. Schwartz Jan 1990

A Plea For Help: Pleading Problems In Section 1983 Municipal Liability Claims, Evan S. Schwartz

Touro Law Review

No abstract provided.


Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas Jan 1990

Where To Draw The Guideline: Factoring The Fruits Of Illegal Searches Into Sentencing Guidelines Calculations, Cheryl G. Bader, David S. Douglas

Touro Law Review

No abstract provided.


Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn Jan 1990

Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn

Touro Law Review

No abstract provided.


Assumption Of Risk In New York Under Cplr 1411: Complete Bar Or Comparative Fault?, Thomas P. Lalor Jan 1990

Assumption Of Risk In New York Under Cplr 1411: Complete Bar Or Comparative Fault?, Thomas P. Lalor

Touro Law Review

No abstract provided.


Pitfalls Of Public Policy: The Case Of Arbitration Agreements, Jeffrey W. Stempel Jan 1990

Pitfalls Of Public Policy: The Case Of Arbitration Agreements, Jeffrey W. Stempel

Scholarly Works

As the juxtaposition of these quotations suggests, judges have long held disparate views on the legitimacy and value of “public policy” considerations as a basis for legal decision making. The popular notion posits that Justice Holmes and legal realists carried the day, making public policy analysis an ordinary part of the adjudication process. The story, of course, is more complex than this legal version of Don Quixote. Many judges and lawyers, including Justice Holmes in other writings, continued to speak of adjudication in more formalist and positivist terms, with most laypersons in apparent agreement. Judge Burroughs' view of public policy …


Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West Jan 1990

Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West

Georgetown Law Faculty Publications and Other Works

During the 1980s a handful of state judges either held or opined in dicta what must be incontrovertible to the feminist community, as well as to most progressive legal advocates and academics: the so-called marital rape exemption, whether statutory or common law in origin, constitutes a denial of a married woman's constitutional right to equal protection under the law. Indeed, a more obvious denial of equal protection is difficult to imagine: the marital rape exemption denies married women protection against violent crime solely on the basis of gender and marital status. What possibly could be less rational than a statute …


Court-Appointed Attorneys: Old Problems And New Solutions, H. Patrick Furman Jan 1990

Court-Appointed Attorneys: Old Problems And New Solutions, H. Patrick Furman

Publications

No abstract provided.


Retroactivity And The Great Writ: How Congress Should Respond To Teague V. Lane, Joseph L. Hoffmann Jan 1990

Retroactivity And The Great Writ: How Congress Should Respond To Teague V. Lane, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.


Strange Expectations: A Review Of Two Theories Of Judicial Review, Joel Bakan Jan 1990

Strange Expectations: A Review Of Two Theories Of Judicial Review, Joel Bakan

All Faculty Publications

The author examines two theories of judicial review under the Charter, one proposed by D.M. Beatty in Putting the Charter to Work: Designing a Constitutional Labour Code, and the other by P. Monahan in Politics and the Constitution: The Charter, Federalism and the Supreme Court of Canada. He demonstrates how each of these theories attempts to reconcile judicial review under the Charter with the principles of democracy by portraying it (judicial review) as a means for realizing these principles. He then argues that both efforts are ultimately unsuccessful and, indeed, only compound the problems they identify and set out to …


Gideon V. Wainwright A Quarter-Century Later, Yale Kamisar Jan 1990

Gideon V. Wainwright A Quarter-Century Later, Yale Kamisar

Articles

In a brief working paper sent to all conference participants, Professor Burt Neuborne suggested that we might consider several themes, among them "Gideon Celebrated," "Gideon Fulfilled," and "Gideon Betrayed." I think these are useful headings.


Separation Of Powers Under The Texas Constitution, Harold H. Bruff Jan 1990

Separation Of Powers Under The Texas Constitution, Harold H. Bruff

Publications

No abstract provided.


Murray V. United States: The Bell Tolls For The Search Warrant Requirement, Craig M. Bradley Oct 1989

Murray V. United States: The Bell Tolls For The Search Warrant Requirement, Craig M. Bradley

Indiana Law Journal

No abstract provided.


Who’S Afraid Of The Sanction Wolf: Imposing Sanctions On Pro Se Litigants, Donalda Gillies Oct 1989

Who’S Afraid Of The Sanction Wolf: Imposing Sanctions On Pro Se Litigants, Donalda Gillies

Cardozo Law Review

No abstract provided.


Adverse Inferences From Silence, Department Of Justice Office Of Legal Policy Jun 1989

Adverse Inferences From Silence, Department Of Justice Office Of Legal Policy

University of Michigan Journal of Law Reform

This Report, the eighth in the Truth in Criminal Justice series, assesses the rules relating to the evidentiary consideration of the defendant's silence. Its general conclusion is that the existing restrictive rules in this area are unjustified impediments to the search for truth. The notion that the fifth amendment's prohibition of compelling a person in a criminal case to be a witness against himself bars drawing adverse inferences from the defendant's silence is not well-founded. In practical effect, these rules impede the conviction of the guilty by barring consideration of an aspect of the defendant's conduct-his failure to respond to …


Federal Habeas Corpus Review Of State Judgments, Department Of Justice Office Of Legal Policy Jun 1989

Federal Habeas Corpus Review Of State Judgments, Department Of Justice Office Of Legal Policy

University of Michigan Journal of Law Reform

This Report carries out a review of the historical development of the federal habeas corpus jurisdiction; examines its contemporary character and operation; and discusses relevant policy considerations. The Report concludes that federal habeas corpus as a post-conviction remedy for state prisoners should be abolished or limited as far as possible. The limited reform proposals that were passed by the Senate in 1984 and that are currently before Congress as Title II of the proposed Criminal Justice Reform Act provide the best immediate prospect for improvement.