State and Local Government Law Commons^™

Trial By Jury

Touro Law Review

No abstract provided.

Defendants' Brief In The School Finance Case: Mcduffy V. Robertson: An Excerpt And A Summary, Douglas H. Wilkins, Robert H. Blumenthal, Mary Connaughton

Faculty Scholarship

The wisdom of promoting public education in the Commonwealth was recognized by the earliest settlers, the framers of the Constitution, and many subsequent legislatures, officials, educators and citizens. The opinions of the Department, the Secretary of Education, the Governor and various educators, contained in the stipulation, demonstrate that a policy of supporting public education is as important today as ever.²

The implementation of this policy goal by the Legislature and municipalities involves choices that are at the heart of representative government: how much public money to raise, how best to allocate the money among education and the many other …

A Failed Critique Of State Constitutionalism, David Schuman

Michigan Law Review

James A. Gardner begins The Failed Discourse of State Constitutionalism with a story describing "the experience of a great many lawyers in this country." The protagonist is an attorney whose client has an unlawful discrimination claim that for some reason cannot succeed under the U.S. Supreme Court's current equal protection jurisprudence. The attorney decides to present an argument based on her state constitution's equality guarantee, only to discover that the universe of material from which a plausible argument, not to mention a rich discourse, might emerge - existing case law and scholarship, "useful tidbits" of constitutional history and philosophy from …

Legal Interpretation And A Constitutional Case: Home Building & Loan Association V. Blaisdell, Charles A. Bieneman

Michigan Law Review

The approaches of Hughes and Sutherland are but two extremes in constitutional interpretation. Though only two results were possible in the case - either the Act was constitutional or it was not - there are more than two methods by which an interpreter could reach those results. This Note explores possible ways of deciding Blaisdell, using the case as a vehicle for delimiting the boundaries of a positive constitutional command. As a sort of empirical investigation of legal philosophy, the Note examines how various interpretive theories affect an interpreter's approach to the case, and the results these theories might …

The Failed Discourse Of State Constitutionalism, James A. Gardner

Michigan Law Review

In this article, I approach these questions in two steps. First, I examine the status of state constitutional law as it is practiced today. I conclude that, contrary to the claims of New Federalism, state constitutional law today is a vast wasteland of confusing, conflicting, and essentially unintelligible pronouncements. I argue that the fundamental defect responsible for this state of affairs is the failure of state courts to develop a coherent discourse of state constitutional law that is, a language in which it is possible for participants in the legal system to make intelligible claims about the meaning of state …

The Failed Discourse Of State Constitutionalism, James A. Gardner

Journal Articles

No abstract provided.

State And Federal Constitutional Law Developments Affecting Indiana Law, Rosalie Levinson

Law Faculty Publications

No abstract provided.

Searches And Seizure

Touro Law Review

No abstract provided.

The Case Of The Bogus Ballot Summary: Grose V. Firestone, Thomas C. Marks

St. Thomas Law Review

No abstract provided.

Failed Or Uneven Discourse Of State Constitutionalism: Governmental Structure And State Constitutions, Jeffrey A. Parness

St. Thomas Law Review

In his recent article in the Michigan Law Review, entitled "The Failed Discourse of State Constitutionalism," Professor James A. Gardner examines the responses to Justice Brennan's invitation to state high courts "to seize control of the protection of constitutional rights by looking to state constitutions as potentially more generous guarantors of individual rights than the U.S. Constitution." He finds the responses in the "voluminous body of commentary" by "distinguished state jurists" and "prolific academics" to be "extraordinarily optimistic about the prospects for state constitutional law ... not only to meet J u s t i c e Brennan's challenge, but …

Civil Forfeiture Of Property For Drug Offenders Under Illinois And Federal Statute: Zero Tolerance, Zero Exceptions, 25 J. Marshall L. Rev. 389 (1992), T. J. Hiles

UIC Law Review

No abstract provided.

Rule Of Men, John C. Roach

Kentucky Law Journal

No abstract provided.

Rights In The Modern Era: Applying The Bill Of Rights To The States, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

No Different Drummer: The Effect Of The 1983 Amendment To Article I, 12 Of The Florida Constitution, Paul R. Joseph

St. Thomas Law Review

It is hornbook law that the Bill of Rights provides a constitutional "floor" rather than a "ceiling." This means that the rights contained therein, which limit federal power directly and which are today understood as limiting state power by virtue of the Fourteenth Amendment's Due Process Clause, provide the minimum level of protection which no government may contravene. There is nothing to prevent the enactment of additional limitations on government power by granting or recognizing additional rights. Although such could be enacted as legislation, the focus of this symposium is state constitutions. Thus, for our purposes here, it is only …

In Praise Of Diverse Discourse, Neil H. Cogan

St. Thomas Law Review

Professor James A. Gardner's article, The Failed Discourse of State Constitutionalism,' is an obituary to state constitutional law. Like some recent academic notices of death, it is not simply premature. It is misconceived. Professor Gardner's obituary has two parts, an empirical part that argues that state constitutional law discourse and, in effect, state constitutional law has failed; and a political part that argues that state constitutional law ought to fail. Neither part is dependent upon the other. Even had Gardner found that state constitutional law discourse is robust, he would nonetheless have argued that state constitutional law ought to fail. …

State Regulation Of Commerce (Update), Donald H. Regan

Book Chapters

In the period covered by this supplementary article, the Supreme Court has decided a case or two a year on state regulation of commerce. Considered individually, none of the cases through mid-1989 seems destined to become a landmark in DORMANT COMMERCE CLAUSE doctrin. Collectively, however, the cases may indicate a decreasing emphasis on "balencing" and an increasing focus on preventing states from intentionally discriminating against out-of-state interests.

The Role Of State Constitutions In An Era Of Big Government, Stanley Mosk

University of Richmond Law Review

This is a speech delivered by The Honorable Stanley Mosk, Justice of the Supreme Court of California,at the T.C. Williams School of Law's eighth annual Emroch Lecture. Among his many achievements, Justice Mosk has authored some of California's most constructive legislative proposals in the crime and law enforcement fields, including the measure creating the Commission on Peace Officers Standards and Training.

The New Aids Look Back Statute: Contact Tracing In The Health Care Setting - A Step In The Wrong Direction, 25 J. Marshall L. Rev. 769 (1992), Margery M. Tamburro

UIC Law Review

No abstract provided.

Due Process

Touro Law Review

No abstract provided.

Equal Protection

Touro Law Review

No abstract provided.

Equal Protection

Touro Law Review

No abstract provided.

Trial By Jury

Touro Law Review

No abstract provided.

Trial By Jury

Touro Law Review

No abstract provided.

Jural Rights Under Kentucky's Constitution: Realities Grounded In Myth, Thomas P. Lewis

Kentucky Law Journal

No abstract provided.

Part Of The Moving Stream: State Constitutional Law, Sodomy, And Beyond, Shirley A. Wiegand, Sara Farr

Kentucky Law Journal

No abstract provided.

Erisa And The Bankruptcy Code: Stepping Into Quicksand Or Something Else, Post Mackey, Maria A. Di Pippo, Gerald P. Wolf

Touro Law Review

No abstract provided.

Corporate Pro-Choice: New York Assumes An Anti-Takover Position, Paula Walter

Touro Law Review

No abstract provided.

The Special Relationship Rule: Is It Consistent With The Waiver Of Sovereign Immunity? - A Study Of Kircher V. City Of Jamestown, Brian T. Cohen

Touro Law Review

No abstract provided.

Comptroller And Attorney-General

Touro Law Review

No abstract provided.

Content Of Appropriation Bills

Touro Law Review

No abstract provided.