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Articles 2041 - 2070 of 2189
Full-Text Articles in Legal History
Foreword: Homage To Mr. Justice Cardozo, Paul A. Freund
Foreword: Homage To Mr. Justice Cardozo, Paul A. Freund
Cardozo Law Review
No abstract provided.
Ordered Liberty: Cardozo And The Constitution, John T. Noonan Jr.
Ordered Liberty: Cardozo And The Constitution, John T. Noonan Jr.
Cardozo Law Review
No abstract provided.
Defamatory Non-Media Speech And First Amendment Methodology, Steven H. Shiffrin
Defamatory Non-Media Speech And First Amendment Methodology, Steven H. Shiffrin
Cornell Law Faculty Publications
In the course of his eloquent commentary upon New York Times Co. v. Sullivan, the late Professor Kalven enthused that the Court had written "an opinion that may prove to be the best and most important it has ever produced in the realm of freedom of speech." This excitement was generated not by the Court's rather narrow holding but rather by the hope that Sullivan would serve as the opening wedge to dislodge the clear and present danger test, to dismantle the "two-level" approach to first amendment analysis (reflected in cases such as Chaplinsky, Beauharnais, and Roth …
The Irrelevance Of The Constitution: The Religion Clauses Of The First Amendment And The Supreme Court, Philip B. Kurland
The Irrelevance Of The Constitution: The Religion Clauses Of The First Amendment And The Supreme Court, Philip B. Kurland
Villanova Law Review (1956 - )
No abstract provided.
Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel
Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel
Publications
No abstract provided.
Does The Constitution Mean What It Always Meant?, James W. Nickel, Stephen R. Munzer
Does The Constitution Mean What It Always Meant?, James W. Nickel, Stephen R. Munzer
Articles
No abstract provided.
Disproportionate Impact And Illicit Motive: Theories Of Constitutional Adjudication, Theodore Eisenberg
Disproportionate Impact And Illicit Motive: Theories Of Constitutional Adjudication, Theodore Eisenberg
Cornell Law Faculty Publications
Recent decisions of the Supreme Court have not been kind to those who favor an expansive reading of the equal protection clause. Last Term, in Washington v. Davis, the Court held that the disproportionate impact of governmental action on minority groups is not unconstitutional unless accompanied by proof of intentional discrimination. This Term, in Village of Arlington Heights v. Metropolitan Housing Development Corp., the Court reinforced the intent barrier to the finding of equal protection violations. Mr. Eisenberg argues in this Article that the Washington test is too harsh, and was required neither by practical necessity nor by …
Fragile Coalition Interviews - Group - Tape 6, July 12, 1975, M. Caldwell Butler
Fragile Coalition Interviews - Group - Tape 6, July 12, 1975, M. Caldwell Butler
Fragile Coalition Interviews
No abstract provided.
Fragile Coalition Interviews - Group - Tapes 4&5, July 11-12, 1975, M. Caldwell Butler
Fragile Coalition Interviews - Group - Tapes 4&5, July 11-12, 1975, M. Caldwell Butler
Fragile Coalition Interviews
No abstract provided.
M. Caldwell Butler Audio Diary - Digest Of Transcripts, July 10,1975, M. Caldwell Butler
M. Caldwell Butler Audio Diary - Digest Of Transcripts, July 10,1975, M. Caldwell Butler
Butler-Woodlief Recordings
No abstract provided.
Contribution To An Explication Of The Activity Of The Warren Majority Of The Supreme Court, Mitchell Franklin
Contribution To An Explication Of The Activity Of The Warren Majority Of The Supreme Court, Mitchell Franklin
Buffalo Law Review
No abstract provided.
The Eighth Amendment, Beccaria, And The Enlightenment: An Historical Justification For The Weems V. United States Excessive Punishment Doctrine, Deborah A. Schwartz, Jay Wishingrad
The Eighth Amendment, Beccaria, And The Enlightenment: An Historical Justification For The Weems V. United States Excessive Punishment Doctrine, Deborah A. Schwartz, Jay Wishingrad
Buffalo Law Review
No abstract provided.
The Taney Period, 1836-64, David S. Bogen
Fragile Coalition Interviews - Corrected Transcripts - Thornton, M. Caldwell Butler
Fragile Coalition Interviews - Corrected Transcripts - Thornton, M. Caldwell Butler
Fragile Coalition Interviews
No abstract provided.
Fragile Coalition Interviews - Corrected Transcripts - Railsback, M. Caldwell Butler
Fragile Coalition Interviews - Corrected Transcripts - Railsback, M. Caldwell Butler
Fragile Coalition Interviews
No abstract provided.
Fragile Coalition Interviews - Corrected Transcripts - Flowers, M. Caldwell Butler
Fragile Coalition Interviews - Corrected Transcripts - Flowers, M. Caldwell Butler
Fragile Coalition Interviews
No abstract provided.
Fragile Coalition Interviews - Corrected Transcripts - Cohen, M. Caldwell Butler
Fragile Coalition Interviews - Corrected Transcripts - Cohen, M. Caldwell Butler
Fragile Coalition Interviews
No abstract provided.
The Compulsory Process Clause, Peter Westen
The Compulsory Process Clause, Peter Westen
Michigan Law Review
Part I of this article traces the history of compulsory process, from its origin in the English transition from an inquisitional to an adversary system of procedure to its eventual adoption in the American Bill of Rights. Part II examines the Supreme Court's seminal decision in Washington v. Texas, which recognized after a century and a half of silence that the compulsory process clause was designed to enable the defendant not only to produce witnesses, but to put them on the stand and have them heard. Part III studies the implications of compulsory process for the defendant's case, from the …
Kauper's 'Judicial Examination Of The Accused' Forty Years Later—Some Comments On A Remarkable Article, Yale Kamisar
Kauper's 'Judicial Examination Of The Accused' Forty Years Later—Some Comments On A Remarkable Article, Yale Kamisar
Articles
For a long time before Professor Paul Kauper wrote "Judicial Examination of the Accused" in 1932, and for a long time thereafter, the "legal mind" shut out the de facto inquisitorial system that characterized American criminal procedure. Paul Kauper could not look away. He recognized the "naked, ugly facts" (p. 1224) and was determined to do something about them -more than thirty years before Escobedo v. Illinois' or Miranda v. Arizona.2
Constitutional Allocation Of The War Powers Between The President And Congress: 1787-88, W. Taylor Reveley Iii
Constitutional Allocation Of The War Powers Between The President And Congress: 1787-88, W. Taylor Reveley Iii
Faculty Publications
For some time the international community has been keenly interested in the foreign uses to which America puts its military. The nature of these uses has traditionally been affected by the manner in which the Constitution divides the war powers between the President and Congress. This allocation of war-peace authority, in tum, is the product of a number of influences, among them the intentions of the Framers and Ratifiers for the text which they drafted and approved. Their war-power debates, as we shall see, have heavy international overtones.These debates have not been neglected, especially during America's recent involvement in Indochina. …
A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part Ii), Donald E. Wilkes Jr.
A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part Ii), Donald E. Wilkes Jr.
Scholarly Works
In Part I of this Article, appearing in Volume 8 of the Georgia Law Review at page 313, Professor Wilkes traced the development of postconviction habeas corpus in Georgia up to 1967. In this the second part of the Article, he examines the background and passage of the Georgia Habeas Corpus Act of 1967. Finally, Professor Wilkes assesses the degree to which the Act has fulfilled its purposes, and suggests several possible changes for the future.
M. Caldwell Butler Audio Diary, August 8, 1974 - Transcript, M. Caldwell Butler
M. Caldwell Butler Audio Diary, August 8, 1974 - Transcript, M. Caldwell Butler
Butler-Woodlief Recordings
No abstract provided.
M. Caldwell Butler Audio Diary, July 27-31, 1974, M. Caldwell Butler
M. Caldwell Butler Audio Diary, July 27-31, 1974, M. Caldwell Butler
Butler-Woodlief Recordings
No abstract provided.
M. Caldwell Butler Audio Diary With Thomas Mooney Re July 25-27, 1974, M. Caldwell Butler
M. Caldwell Butler Audio Diary With Thomas Mooney Re July 25-27, 1974, M. Caldwell Butler
Butler-Mooney Recordings
No abstract provided.
M. Caldwell Butler Audio Diary, July 20-26, 1974 - Transcript, M. Caldwell Butler
M. Caldwell Butler Audio Diary, July 20-26, 1974 - Transcript, M. Caldwell Butler
Butler-Woodlief Recordings
No abstract provided.
M. Caldwell Butler Audio Diary, July 11-18, 1974 - Transcript, M. Caldwell Butler
M. Caldwell Butler Audio Diary, July 11-18, 1974 - Transcript, M. Caldwell Butler
Butler-Woodlief Recordings
No abstract provided.
M. Caldwell Butler Audio Diary, July 10, 1974, M. Caldwell Butler
M. Caldwell Butler Audio Diary, July 10, 1974, M. Caldwell Butler
Butler-Woodlief Recordings
No abstract provided.
M. Caldwell Butler Audio Diary, July 1&3, 1974 - Transcript, M. Caldwell Butler
M. Caldwell Butler Audio Diary, July 1&3, 1974 - Transcript, M. Caldwell Butler
Butler-Woodlief Recordings
No abstract provided.
M. Caldwell Butler Audio Diary, June 20, 1974 - Transcript, M. Caldwell Butler
M. Caldwell Butler Audio Diary, June 20, 1974 - Transcript, M. Caldwell Butler
Butler-Woodlief Recordings
No abstract provided.
M. Caldwell Butler Audio Diary, June 5-19, 1974 - Transcript, M. Caldwell Butler
M. Caldwell Butler Audio Diary, June 5-19, 1974 - Transcript, M. Caldwell Butler
Butler-Woodlief Recordings
No abstract provided.