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Supreme Court

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Articles 451 - 480 of 745

Full-Text Articles in Courts

What Is Eleventh Amendment Immunity?, Carlos Manuel Vázquez Jan 1997

What Is Eleventh Amendment Immunity?, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

The Supreme Court's Eleventh Amendment decisions give conflicting signals about what the Amendment does. On one view, the Amendment functions as a forum-allocation principle--immunizing states from liability in suits filed in federal court, but leaving open the possibility that states may be compelled to entertain suits against themselves in their own courts. A separate line of cases, however, implies that state courts enjoy an immunity from suit in their own courts and that nothing in the Constitution withdraws such immunity; on this view, the Eleventh Amendment, by protecting the states from suit in the federal courts, effectively immunizes the states …


Book Review. American Constitutionalism: From Theory To Politics, Daniel O. Conkle Jan 1997

Book Review. American Constitutionalism: From Theory To Politics, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.


Writing In The Margins: Brennan, Marshall, And The Inherent Weaknesses Of Liberal Judicial Decision-Making (Essay), Donna F. Coltharp Jan 1997

Writing In The Margins: Brennan, Marshall, And The Inherent Weaknesses Of Liberal Judicial Decision-Making (Essay), Donna F. Coltharp

Faculty Articles

No abstract provided.


Congressional Self-Discipline: The Constitutionality Of Supermajority Rules, Susan Low Bloch Jan 1997

Congressional Self-Discipline: The Constitutionality Of Supermajority Rules, Susan Low Bloch

Georgetown Law Faculty Publications and Other Works

Congress needs to be more disciplined. It has at times become sloppy and even cavalier. When, for example, Congress enacted the federal Gun-Free School Zone Act of 1990, it was asking for trouble. Neither the legislation nor the legislative history said anything about any effect on interstate commerce. It was therefore not surprising to see the Supreme Court strike the law down in United States v. Lopez.


Making Constitutional Doctrine In A Realist Age, Victoria Nourse Jan 1997

Making Constitutional Doctrine In A Realist Age, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

In this article the author considers three examples of modern constitutional doctrine that show how judges have stolen bits and pieces from popularized skepticisms about the job of judging and have molded this stolen rhetoric into doctrine. In the first example, she asks whether constitutional law's recent penchant for doctrinal rules based on "clear law" could have existed without the modern age's obsession with legal uncertainty. In the second, the author considers whether our contemporary rhetoric of constitutional "interests" and "expectations" reflects modern critiques of doctrine as failing to address social needs. In the third, she asks how an offhand …


Double Jeopardy Jan 1996

Double Jeopardy

Touro Law Review

No abstract provided.


Due Process Jan 1996

Due Process

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1996

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1996

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Home Rule Jan 1996

Home Rule

Touro Law Review

No abstract provided.


Speedy Trial Jan 1996

Speedy Trial

Touro Law Review

No abstract provided.


Right To Counsel Jan 1996

Right To Counsel

Touro Law Review

No abstract provided.


Searches And Seizures Jan 1996

Searches And Seizures

Touro Law Review

No abstract provided.


Self Incrimination Jan 1996

Self Incrimination

Touro Law Review

No abstract provided.


Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Sandra M. Stevenson, Eve Cary, Mary Falk, Helen Hershkoff, Robert A. Heverly Jan 1996

Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Sandra M. Stevenson, Eve Cary, Mary Falk, Helen Hershkoff, Robert A. Heverly

Touro Law Review

No abstract provided.


To Act Or Not? That Is The Question: Self-Incrimination And The Sole Proprietor, Raymond G. Keenan Jan 1996

To Act Or Not? That Is The Question: Self-Incrimination And The Sole Proprietor, Raymond G. Keenan

Touro Law Review

No abstract provided.


Due Process Jan 1996

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1996

Due Process

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1996

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1996

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Doubting Thomas: Confirmation Veracity Meets Performance Reality, Joyce A. Baugh, Christopher E. Smith Jan 1996

Doubting Thomas: Confirmation Veracity Meets Performance Reality, Joyce A. Baugh, Christopher E. Smith

Seattle University Law Review

At the close of the United States Supreme Court's 1994 term, Justice Clarence Thomas became the center of news media attention for his important role as a prominent member of the Court's resurgent conservative bloc. More frequently than in past terms, Thomas's opinions articulated the conservative position for his fellow Justices. According to one report, "The newly energized Thomas has shown little hesitancy this term in leading the conservative charge. Another article referred to Thomas's "full-throated emergence as a distinctive and articulate judicial voice." Thomas's new prominence, assertiveness, and visibility have been attributed to his emergence from the shadows of …


Cross-Examination Jan 1996

Cross-Examination

Touro Law Review

No abstract provided.


Cross-Examination Jan 1996

Cross-Examination

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1996

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1996

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Right To Be Present Jan 1996

Right To Be Present

Touro Law Review

No abstract provided.


Searches And Seizures Jan 1996

Searches And Seizures

Touro Law Review

No abstract provided.


Self Incrimination Jan 1996

Self Incrimination

Touro Law Review

No abstract provided.


Separation Of Powers Jan 1996

Separation Of Powers

Touro Law Review

No abstract provided.


The Court And The Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, Peter Galie Jan 1996

The Court And The Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, Peter Galie

Touro Law Review

No abstract provided.