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Constitutional Law

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Articles 1951 - 1980 of 2189

Full-Text Articles in Legal History

The Reconstruction Amendments' Debates. Edited By Alfred Avins, Robert M. Ireland Sep 1986

The Reconstruction Amendments' Debates. Edited By Alfred Avins, Robert M. Ireland

Washington and Lee Law Review

No abstract provided.


The Ninth Amendment: Source Of A Substantive Right To Privacy, 19 J. Marshall L. Rev. 959 (1986), Gerald G. Watson Jan 1986

The Ninth Amendment: Source Of A Substantive Right To Privacy, 19 J. Marshall L. Rev. 959 (1986), Gerald G. Watson

UIC Law Review

No abstract provided.


The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan Jan 1986

The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan

UIC Law Review

No abstract provided.


Justice Brennan: A Tribute To A Federal Judge Who Believes In State's Rights, 20 J. Marshall L. Rev. 1 (1986), Ann Lousin Jan 1986

Justice Brennan: A Tribute To A Federal Judge Who Believes In State's Rights, 20 J. Marshall L. Rev. 1 (1986), Ann Lousin

UIC Law Review

No abstract provided.


Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne Jan 1986

Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne

Faculty Scholarship

No abstract provided.


Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski Jan 1986

Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski

Faculty Scholarship

The meaning and scope of the fourteenth amendment and the Civil Rights Act of 1866 remain among the most controversial issues in American constitutional law. Professor Kaczorowski contends that the issues have generated more controversy than they warrant, in part because scholars analyzing the legislative history of the amendment and statute have approached their task with preconceptions reflecting twentieth century legal concerns. He argues that the most important question for the framers was whether national or state governments possessed primary authority to determine and secure the status and rights of American citizens. Relying on records of the congressional debates as …


Imagining The Past And Remembering The Future: The Supreme Court's History Of The Establishment Clause, Gerard V. Bradley Jan 1986

Imagining The Past And Remembering The Future: The Supreme Court's History Of The Establishment Clause, Gerard V. Bradley

Journal Articles

Our Framers through the Establishment Clause sought to prevent the government from preferring one religious sect to another. However, the Supreme Court in Everson v. Board of Education abandoned that meaning of nonestablishment and created a general prohibition on all nondiscriminatory aid to religion, a decision later reinforced in Lemon v. Kurtzman. This Article discusses the Founder’s worldview and looks at other Establishment Clause cases to illustrate that the historical evidence is inconsistent with Everson. Rather, the founders intended to assure that religion would be aided only on a nondiscriminatory, or sect-neutral, basis and does not stand for …


Dworkin: A New Link In The Chain, Joseph Raz Jan 1986

Dworkin: A New Link In The Chain, Joseph Raz

Faculty Scholarship

This book brings together nineteen of the articles published by Professor Dworkin over the last eight years, mostly in the New York Review of Books, but also in learned journals and collections. Three articles, none of them of major importance, have not been published before: Can a Liberal State Support Art? (pp. 221-36), On Interpretation and Objectivity (pp. 167-80), and Civil Disobedience and Nuclear Protest (pp. 104-18). Several pieces published during the last few years are not included, of which the most important is an article on equality.


The Politics Of Statutory Construction, Daniel M. Harris Nov 1985

The Politics Of Statutory Construction, Daniel M. Harris

BYU Law Review

No abstract provided.


Innovative Transfer And Exchange Plans, Glenn E. Porzak Oct 1985

Innovative Transfer And Exchange Plans, Glenn E. Porzak

Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)

36 pages (includes maps).

Contains footnotes (page 32).


Voluntary Approaches To Basinwide Water Management, Neil S. Grigg Oct 1985

Voluntary Approaches To Basinwide Water Management, Neil S. Grigg

Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)

13 pages (includes illustration).

Contains references (page 11).


Interstate Transfers Of Water: Many A Slip ‘Twixt The Cup And The Lip, Howard Holme Oct 1985

Interstate Transfers Of Water: Many A Slip ‘Twixt The Cup And The Lip, Howard Holme

Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)

44 pages (includes maps and tables).

Contains 6 pages of footnotes.


Engineering And Hydrologic Issues In Changing Water Uses, Leonard Rice Oct 1985

Engineering And Hydrologic Issues In Changing Water Uses, Leonard Rice

Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)

26 pages (includes maps, charts and illustrations).

Contains references (page 18).


Agenda: Colorado Water Issues And Options: The 90'S And Beyond: Toward Maximum Beneficial Use Of Colorado's Water Resources, University Of Colorado Boulder. Natural Resources Law Center, Colorado Water Resources Research Institute. Cooperative Extension Service Oct 1985

Agenda: Colorado Water Issues And Options: The 90'S And Beyond: Toward Maximum Beneficial Use Of Colorado's Water Resources, University Of Colorado Boulder. Natural Resources Law Center, Colorado Water Resources Research Institute. Cooperative Extension Service

Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)

Presented by Natural Resources Law Center, University of Colorado School of Law and Cooperative Extension Service, Colorado Water Resources Research Institute, Colorado State University.

Conference organizers and/or speakers included University of Colorado School of Law professors Lawrence J. MacDonnell, David H. Getches and Stephen F. Williams.

The conference theme is "Toward Maximum Beneficial Use of Colorado's Water Resources." The purpose of the conference is to provide a forum for public discussion of Colorado's system of water law and administration and to make recommendations for future action.


Wasted Water: The Problems And Promise Of Improving Efficiency Under Western Water Law, Steven J. Shupe Oct 1985

Wasted Water: The Problems And Promise Of Improving Efficiency Under Western Water Law, Steven J. Shupe

Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)

61 pages.

Includes footnotes (pages 49-56).


Nontributary Ground Water: A Continuing Dilemma, William A. Paddock Oct 1985

Nontributary Ground Water: A Continuing Dilemma, William A. Paddock

Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)

47 pages.

Contains 2 pages of footnotes.


The Development Of Colorado’S Water Law, Raphael J. Moses Oct 1985

The Development Of Colorado’S Water Law, Raphael J. Moses

Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)

23 pages.

Contains references (pages 22 - 23).


The Endangered Species Act And Western Water Projects, Lawrence J. Macdonnell Jun 1985

The Endangered Species Act And Western Water Projects, Lawrence J. Macdonnell

Western Water Law in Transition (Summer Conference, June 3-5)

20 pages.

Contains references.


Water Project Financing Needs In Colorado, J. William Mcdonald Jun 1985

Water Project Financing Needs In Colorado, J. William Mcdonald

Western Water Law in Transition (Summer Conference, June 3-5)

12 pages.


Federal/State Relations In Theory And Practice: A Sovereignty Mismatch, Charles T. Dumars Jun 1985

Federal/State Relations In Theory And Practice: A Sovereignty Mismatch, Charles T. Dumars

Western Water Law in Transition (Summer Conference, June 3-5)

12 pages.

Contains footnotes.


Unresolved Issues In Federal Reserved Rights, Michael D. White Jun 1985

Unresolved Issues In Federal Reserved Rights, Michael D. White

Western Water Law in Transition (Summer Conference, June 3-5)

12 pages.


Putting Indian Reservation Water Rights To Use, Richard B. Collins Jun 1985

Putting Indian Reservation Water Rights To Use, Richard B. Collins

Western Water Law in Transition (Summer Conference, June 3-5)

10 pages.


Financing Water Projects: Where Do We Go From Here?, Henry P. Caulfield, Jr. Jun 1985

Financing Water Projects: Where Do We Go From Here?, Henry P. Caulfield, Jr.

Western Water Law in Transition (Summer Conference, June 3-5)

16 pages.


Financing Water Projects: Where Do We Go From Here?: A Panel Discussion [Colorado House Bill No. 1088, As Amended 4/15/85], Chris Paulson Jun 1985

Financing Water Projects: Where Do We Go From Here?: A Panel Discussion [Colorado House Bill No. 1088, As Amended 4/15/85], Chris Paulson

Western Water Law in Transition (Summer Conference, June 3-5)

4 pages.

Contains text of Colorado House Bill No.1088, as amended 4/15/85.


Interstate Transfers Of Water: Opportunities And Obstables [Sic], A. Dan Tarlock Jun 1985

Interstate Transfers Of Water: Opportunities And Obstables [Sic], A. Dan Tarlock

Western Water Law in Transition (Summer Conference, June 3-5)

34 pages.


Western Ground Water Law: Overview And Recent Developments, J. David Aiken Jun 1985

Western Ground Water Law: Overview And Recent Developments, J. David Aiken

Western Water Law in Transition (Summer Conference, June 3-5)

27 pages.


Representing The Water Client [Outline], David W. Robbins Jun 1985

Representing The Water Client [Outline], David W. Robbins

Western Water Law in Transition (Summer Conference, June 3-5)

3 pages.


Federal And State Regulation Of Activities Affecting Water Quality, Julia B. Epley Jun 1985

Federal And State Regulation Of Activities Affecting Water Quality, Julia B. Epley

Western Water Law in Transition (Summer Conference, June 3-5)

54 pages.


Legal Implications Of Instream Flows And Other Nonconsumptive Uses, Steven J. Shupe Jun 1985

Legal Implications Of Instream Flows And Other Nonconsumptive Uses, Steven J. Shupe

Western Water Law in Transition (Summer Conference, June 3-5)

14 pages.


The Public Trust Doctrine: Conflict With Traditional Western Water Law?, Harrison C. Dunning Jun 1985

The Public Trust Doctrine: Conflict With Traditional Western Water Law?, Harrison C. Dunning

Western Water Law in Transition (Summer Conference, June 3-5)

24 pages.

Contains references.