31 research outputs found

    Constitutional Law -- Capital Punishment and the Challenge for Cause

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    Acting Dean I Have Known, 1978-79, 1984-85 & 1985-86

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    Writing a tribute to former acting deans is a challenge: usually, it is troubled times that push them to the fore, and one measure of success is how quickly they can bow out and turn over the reins to a permanent successor

    Beyond Legitimacy

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    The author analyzes the scholarly debate over the legitimacy of the institution of judicial review. He suggests that, as a reaction to unjustified criticism of the institution, defenders of judicial review have articulated propositions which advance constitutional jurisprudence beyond the issue of legitimacy. He argues that the time has come for courts to de-emphasize prudential considerations and to concentrate on the substantive correctness of their decisions and on the standards of review which the courts employ

    The Ideology of Drug Testing

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    Drug testing in the workplace seems to be an idea whose time has come

    Introduction: In Search of a Breakthrough in the War on Drugs

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    I have convened this symposium because my research has brought me to the conclusion that the War on Drugs is a serious mistake, inflicting on society the worst of both worlds: a rapidly rising tide of drug abuse exacerbated by the pernicious effects of a drug trafficking parasite of international dimensions

    Appellate Malpractice

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    Appellate Malpractice

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    Beyond Reverse Discrimination: The Quest For A Legitimizing Principle

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    Is the Constitution colorblind? Should preferential treatment for minorities be construed to violate the equal protection clause of the fourteenth amendment or the Civil Rights Act of 1964
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