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Volume 10, Issue 1 (1999)

The Seton Hall Constitutional Law Journal ceased publication in 2002.

Table of Contents

Table of Contents

Historical Perspective

Presentation of the New York Times Company v. United States Oral Argument

Articles

Unforgettable, Too: The (Juris)prudential Legacy of the Second Justice Harlan
J. Richard Broughton

Reconsidering Homosexual Rights in Light of the Reemergence of Southern States' Rights
Daniel R. Gordon

Comment

Does the Fourth Amendment Prohibit Suspicionless Searches - Or Do Individual Rights Succumb to the Government's "So-Called" Special Needs?
Michael Polloway

Casenotes

Eighth Amendment & 18 U.S.C. § 982 - Excessive Fines Clause - A Punitive Forfeiture Violates the Excessive Fines Clause of the Eighth Amendment If the Amount Is Grossly Disproportional to the Magnitude of the Crime It Is Intended to Punish - United States v. Bajakajian, 524 U.S. 321 (1998).
G. Christopher Gleason

Fourth Amendment - Evidence Unconstitutionality Seized From a Parolee's Residence Is Admissible at the Parolee's Revocation Hearing Because Parole Boards Are Not Required by Federal Law to Exclude Evidence Obtained in Violation of the Fourth Amendment - Pennsylvania Board of Probation and Parole v. Scott, 118 S. CT. 2014 (1998).
Michelle D. Grady

Civil Rights - Title IX of the Education Amendments of 1972 - Public School Board May Incur Title IX Liability for Student to Student Sexual Harassment If the Board Acted with Deliberate Indifference to the Harassment Which Was Sufficiently Severe, Pervasive, and Objectively Offensive - Davis v. Monroe County Board of Education, 119 S.Ct. 1661 (1999).
Joanna P. Piorek

Surveys

First Amendment - Right to Free Speech and Free Expression - State Efforts to Regulate the Initiative Process During the Petition Circulation Stage Violated First Amendment Rights to Free Political Speech and Free Political Expression - Buckley v. American Constitutional Law Foundation Inc., 119 S.Ct. 636 (1999).
Brian J. Pollock

Seventh & Fourteenth Amendments - 42 U.S.C. § 1983 - Action Under § 1983 Alleging a Regulatory Taking and Seeking Legal Relief Is an Action at Law Sounding in Tort and Conferring a Right to Jury Trial - City of Monterey v. Del Monte Dunes at Monterey, Ltd., 119 S. Ct. 1624 (U.S. 1999).
David J. Treacy

The Constitution of the United States

The Constitution of the United States of America