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1993

Discipline
Institution
Keyword
Publication
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Articles 151 - 180 of 206

Full-Text Articles in Courts

Constitutional Identity, George P. Fletcher Jan 1993

Constitutional Identity, George P. Fletcher

Cardozo Law Review

No abstract provided.


Comment, Agnes Heller Jan 1993

Comment, Agnes Heller

Cardozo Law Review

No abstract provided.


The Court’S Role In Interbranch Disputes Over Oversight Of Agency Rulemaking, John J. Gibbons Jan 1993

The Court’S Role In Interbranch Disputes Over Oversight Of Agency Rulemaking, John J. Gibbons

Cardozo Law Review

This paper is adapted from the Uri and Caroline Bauer Memorial Lecture delivered at the Benjamin N. Cardozo School of Law, Yeshiva University, on March 10, 1992.


Recognizing And Enforcing State And Tribal Judgements: A Roundtable Discussion Of Law, Policy, And Practice, Richard E. Ransom, Christine Zuni, P. S. Deloria, Robert N. Clinton Jan 1993

Recognizing And Enforcing State And Tribal Judgements: A Roundtable Discussion Of Law, Policy, And Practice, Richard E. Ransom, Christine Zuni, P. S. Deloria, Robert N. Clinton

American Indian Law Review

No abstract provided.


Pluralism, The Prisoner's Dilemma, And The Behavior Of The Independent Judiciary, Thomas W. Merrill Jan 1993

Pluralism, The Prisoner's Dilemma, And The Behavior Of The Independent Judiciary, Thomas W. Merrill

Faculty Scholarship

Discussions of Thayer's conception of judicial review, as this symposium amply demonstrates, tend to be normative. Professor Nick Zeppos's paper, which offers more of a positive analysis, is therefore a welcome addition. Zeppos's paper includes three especially valuable insights. First, he demonstrates the close parallel between Thayer's theory of judicial review and the Supreme Court's Chevron doctrine. The former would have the judiciary enforce clear constitutional commands but otherwise defer to legislative understandings of constitutional meaning; the latter would have courts enforce clear legislative commands but otherwise defer to administrative interpretations of statutes. Second, he offers evidence that in both …


Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski Jan 1993

Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski

Faculty Scholarship

Three weeks before he died in May 1873, the frail and ailing Salmon P. Chase joined three of his brethren in dissent in one of the most important cases ever decided by the United States Supreme Court, the Slaughter-House Cases.1 This decision was a watershed in United States constitutional history for several reasons. Doctrinally, it represented a rejection of the virtually unanimous decisions of the lower federal courts upholding the constitutionality of revolutionary federal civil rights laws enacted in the aftermath of the Civil War. Institutionally, it was an example of extraordinary judicial activism in overriding the legislative will of …


Grass Roots Procedure: Local Advisory Groups And The Civil Justice Reform Act Of 1990, Lauren K. Robel Jan 1993

Grass Roots Procedure: Local Advisory Groups And The Civil Justice Reform Act Of 1990, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.


Bankruptcy In The Seventh Circuit: 1992, Douglass Boshkoff Jan 1993

Bankruptcy In The Seventh Circuit: 1992, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.


Recent Employment Law Decisions Of The Seventh Circuit And The Indiana Courts, Terry A. Bethel Jan 1993

Recent Employment Law Decisions Of The Seventh Circuit And The Indiana Courts, Terry A. Bethel

Articles by Maurer Faculty

No abstract provided.


Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen Jan 1993

Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen

Faculty Scholarship

Post-New Deal constitutionalism is in search of a theory that justifies judicial intervention on behalf of individual rights while simultaneously avoiding the charge of "Lochnerism."' The dominant historical view dismisses post-bellum substantive due process as an anomalous development in the American constitutional tradition. Under this approach, Lochner represents unbounded protection for economic rights that permitted the judiciary to read laissez faire, pro-business policy preferences into the constitutional text. Today's revisionists have mounted a substantial challenge to the dismissive views of traditionalists. Indeed, some claim Lochner reached the right result, but for the wrong reason. The revisionists characterize substantive due process …


The “Self-Executing” Character Of The Refugee Protocol’S Nonrefoulement Obligation, Carlos Manuel Vázquez Jan 1993

The “Self-Executing” Character Of The Refugee Protocol’S Nonrefoulement Obligation, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

When the United States ratified the 1967 U.N. Protocol Relating to the Status of Refugees (Protocol), it undertook not to "expel or return (refouler) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened" on specified grounds. On May 24, 1992, President Bush issued an executive order, known as the Kennebunkport Order, authorizing the United States Coast Guard to interdict vessels on the high seas suspected of containing Haitians destined for U.S. shores and to return such persons to Haiti without regard to whether their lives or freedom would …


In Re Holtzman: Free Speech Or Professional Misconduct?, David W. Wright Jan 1993

In Re Holtzman: Free Speech Or Professional Misconduct?, David W. Wright

Touro Law Review

No abstract provided.


Introduction, Howard A. Glickstein, Honorable Leon D. Lazer Jan 1993

Introduction, Howard A. Glickstein, Honorable Leon D. Lazer

Touro Law Review

No abstract provided.


Constitutional Posture Of Canine Sniffs, Lina Shahin Jan 1993

Constitutional Posture Of Canine Sniffs, Lina Shahin

Touro Law Review

No abstract provided.


There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham Jan 1993

There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham

Touro Law Review

No abstract provided.


Due Process Jan 1993

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1993

Due Process

Touro Law Review

No abstract provided.


Equal Protection Jan 1993

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1993

Equal Protection

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1993

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1993

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1993

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Home Relief Jan 1993

Home Relief

Touro Law Review

No abstract provided.


Judicial Conduct Jan 1993

Judicial Conduct

Touro Law Review

No abstract provided.


Legislative Powers Jan 1993

Legislative Powers

Touro Law Review

No abstract provided.


Public Relief Jan 1993

Public Relief

Touro Law Review

No abstract provided.


Right To Counsel Jan 1993

Right To Counsel

Touro Law Review

No abstract provided.


Right To Be Present Jan 1993

Right To Be Present

Touro Law Review

No abstract provided.


Right To Be Present Jan 1993

Right To Be Present

Touro Law Review

No abstract provided.


Rules & Regulations Jan 1993

Rules & Regulations

Touro Law Review

No abstract provided.