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Constitutional Law

Institution
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Articles 1531 - 1560 of 1940

Full-Text Articles in Legislation

Takings And Retroactivity, Jan G. Laitos Jun 1994

Takings And Retroactivity, Jan G. Laitos

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

25 pages.

Contains references.


Floodplain And Wetland Regulatory “Takings”, Jon A. Kusler Jun 1994

Floodplain And Wetland Regulatory “Takings”, Jon A. Kusler

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

4 pages.


"Rejecting The Parasite And Motivating The Laggard". A Constitutional Analysis Of The District Of Columbia's Aggressive Panhandling Statute, Katherine S. Broderick Mar 1994

"Rejecting The Parasite And Motivating The Laggard". A Constitutional Analysis Of The District Of Columbia's Aggressive Panhandling Statute, Katherine S. Broderick

University of the District of Columbia Law Review

No abstract provided.


Graveyard Robbery In The Omnibus Budget Reconciliation Act Of 1993: A Modern Look At The Constitutionality Of Retroactive Taxes, 27 J. Marshall L. Rev. 775 (1994), Andrew G. Schultz Jan 1994

Graveyard Robbery In The Omnibus Budget Reconciliation Act Of 1993: A Modern Look At The Constitutionality Of Retroactive Taxes, 27 J. Marshall L. Rev. 775 (1994), Andrew G. Schultz

UIC Law Review

No abstract provided.


New York's Educational Finance Scheme: Should It Be Declared Unconstitutional?, Janine M. Sarbak Jan 1994

New York's Educational Finance Scheme: Should It Be Declared Unconstitutional?, Janine M. Sarbak

Touro Law Review

No abstract provided.


Sotto Voce: The Supreme Court's Low Key But Not Insignificant Criminal Law Rulings During The 1992 Term, William E. Hellerstein Jan 1994

Sotto Voce: The Supreme Court's Low Key But Not Insignificant Criminal Law Rulings During The 1992 Term, William E. Hellerstein

Touro Law Review

No abstract provided.


Initiative Enigmas, Richard Collins Jan 1994

Initiative Enigmas, Richard Collins

Publications

No abstract provided.


Voting Rights Debate, Charles Stephen Ralston, Michael A. Carvin Jan 1994

Voting Rights Debate, Charles Stephen Ralston, Michael A. Carvin

Touro Law Review

No abstract provided.


Civil Rights: People V. Dieppa Jan 1994

Civil Rights: People V. Dieppa

Touro Law Review

No abstract provided.


Civil Service Appointments And Promotions: Mancuso V. Levitt Jan 1994

Civil Service Appointments And Promotions: Mancuso V. Levitt

Touro Law Review

No abstract provided.


Civil Service Appointments And Promotions: Wood V. Irving Jan 1994

Civil Service Appointments And Promotions: Wood V. Irving

Touro Law Review

No abstract provided.


Double Jeopardy: People V. Mitchell Jan 1994

Double Jeopardy: People V. Mitchell

Touro Law Review

No abstract provided.


Bi-Partisan Voting: In Re Matthews Jan 1994

Bi-Partisan Voting: In Re Matthews

Touro Law Review

No abstract provided.


Double Jeopardy: People V. Latham Jan 1994

Double Jeopardy: People V. Latham

Touro Law Review

No abstract provided.


Education: Reform Educational Financing Inequities Today V. Cuomo Jan 1994

Education: Reform Educational Financing Inequities Today V. Cuomo

Touro Law Review

No abstract provided.


Home Rule: Hertz V. City Of New York Jan 1994

Home Rule: Hertz V. City Of New York

Touro Law Review

No abstract provided.


Home Rule: Walker V. Town Of Hempstead Jan 1994

Home Rule: Walker V. Town Of Hempstead

Touro Law Review

No abstract provided.


Legislative Powers: King V. Cuomo Jan 1994

Legislative Powers: King V. Cuomo

Touro Law Review

No abstract provided.


Gift Or Loan Of State Money: Schulz V. State Of New York Jan 1994

Gift Or Loan Of State Money: Schulz V. State Of New York

Touro Law Review

No abstract provided.


Ineffective Assistance Of Counsel: In Re Jamie Tt. Jan 1994

Ineffective Assistance Of Counsel: In Re Jamie Tt.

Touro Law Review

No abstract provided.


State Debt: Schulz V. State Of New York Jan 1994

State Debt: Schulz V. State Of New York

Touro Law Review

No abstract provided.


Takings Clause: Saratoga Water Services, Inc. V. Saratoga County Water Authority Jan 1994

Takings Clause: Saratoga Water Services, Inc. V. Saratoga County Water Authority

Touro Law Review

No abstract provided.


Legal Foundations And Institutional Framework Of The Monetary Union In Europe And In The United States, Johan Van Den Cruijce Jan 1994

Legal Foundations And Institutional Framework Of The Monetary Union In Europe And In The United States, Johan Van Den Cruijce

LLM Theses and Essays

An economic and monetary union (EMU) is an area where there is complete freedom of movement of persons, goods, services, and capital. The financial markets in an EMU are completely integrated while the national currencies are conventional and have fixed exchange rates. Ultimately the national currencies may be replaced by a common currency and there will be one monetary policy. The EMU is considered to be the highest form of economic integration. This paper examines two examples of a monetary union; the first part focuses on the blueprint for a European monetary union as laid out in the Treaty on …


The Case Of The Prisoners And The Origins Of Judicial Review, William Michael Treanor Jan 1994

The Case Of The Prisoners And The Origins Of Judicial Review, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

For over one hundred years, scholars have closely studied the handful of cases in which state courts, in the years before the Federal Constitutional Convention, confronted the question whether they had the power to declare laws invalid. Interest in these early cases began in the late nineteenth century as one aspect of the larger debate about the legitimacy of judicial review, a debate triggered by the increasing frequency with which the Supreme Court and state courts were invalidating economic and social legislation. The lawyers, political scientists, and historians who initially unearthed the case law from the 1770s and 1780s used …


Advising The President: Separation Of Powers And The Federal Advisory Committee Act, Jay S. Bybee Jan 1994

Advising The President: Separation Of Powers And The Federal Advisory Committee Act, Jay S. Bybee

Scholarly Works

This Article examines the tensions between Congress, the judiciary, and the President over presidential use of advisory committees. It argues that courts, in attempting to avoid difficult constitutional questions, have misread the Federal Advisory Committee Act (“FACA”). Properly construed, FACA violates separation of powers by limiting the terms on which the President can acquire information from nongovernmental advisory committees.

The author argues that the President does have the power to consult with outside advisers, and that FACA unconstitutionally infringes upon that power. FACA fails to draw a distinction between congressionally created advisory committees and presidentially created advisory committees, and assumes …


The Right To Privacy And The Public's Right To Know: The "Central Purpose" Of The Freedom Of Information Act, Fred H. Cate, D. Annette Fields, James K. Mcbain Jan 1994

The Right To Privacy And The Public's Right To Know: The "Central Purpose" Of The Freedom Of Information Act, Fred H. Cate, D. Annette Fields, James K. Mcbain

Articles by Maurer Faculty

No abstract provided.


Executive Autonomy, Judicial Authority And The Rule Of Law: Reflections On Constitutional Interpretation And The Separation Of Powers, Michel Rosenfeld Oct 1993

Executive Autonomy, Judicial Authority And The Rule Of Law: Reflections On Constitutional Interpretation And The Separation Of Powers, Michel Rosenfeld

Cardozo Law Review

The United States Constitution is remarkably silent on the subject of ultimate responsibility for constitutional interpretation, despite its elaborate prescriptions for a scheme of separation of powers that interweaves elements of independence and of interdependence among the distinct branches of the federal government. It is hardly surprising, therefore, that there have been several disputes between the President and the Supreme Court concerning the scope of executive autonomy in constitutional interpretation. In recent years, moreover, the conflict between judicial authority and executive autonomy has been exacerbated by efforts to legitimize presidential interpretations of the Constitution that are inconsistent with Supreme Court …


Continuing Criminal Enterprise, Conspiracy, And The Multiple Punishment Doctrine, Kenneth G. Schuler Aug 1993

Continuing Criminal Enterprise, Conspiracy, And The Multiple Punishment Doctrine, Kenneth G. Schuler

Michigan Law Review

This Note argues that the Multiple Punishment Doctrine prohibits the imposition of concurrent convictions and sentences upon criminal defendants found guilty of engaging in a CCE and conspiring to violate narcotics laws. Part I surveys the values underlying the Multiple Punishment Doctrine and traces the evolution of the Supreme Court's application of the doctrine to modern criminal law. Part II examines the various methods employed by the circuit courts of appeals to deal with simultaneous convictions and sentences for CCE and conspiracy. Part III reviews the test, identified in Part I, that the Supreme Court has implicitly utilized to analyze …


Legal Developments: Ethics In Government Federal Advisory Committees, Foreign Conflicts Of Interest, The Constitution, And Dr. Franklin's Snuff Box, Gerald S. Schatz Mar 1993

Legal Developments: Ethics In Government Federal Advisory Committees, Foreign Conflicts Of Interest, The Constitution, And Dr. Franklin's Snuff Box, Gerald S. Schatz

University of the District of Columbia Law Review

No abstract provided.


Is There A Twenty-Seventh Amendment - The Unconstitutionality Of A New 203-Year-Old Amendment, 26 J. Marshall L. Rev. 977 (1993), Christopher M. Kennedy Jan 1993

Is There A Twenty-Seventh Amendment - The Unconstitutionality Of A New 203-Year-Old Amendment, 26 J. Marshall L. Rev. 977 (1993), Christopher M. Kennedy

UIC Law Review

No abstract provided.