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Volume 9, Issue 3 (1999)

The Seton Hall Constitutional Law Journal ceased publication in 2002.

Table of Contents

Table of Contents

Paper Symposium: The Demise of the Entire Controversy Doctrine

The Demise of the Entire Controversy Doctrine

Of Horror Stories and Happy Endings: The Rise and Fall of Preclusion-Based Compulsory Party Joinder Under the New Jersey Entire Controversy Doctrine
Howard M. Erichson

The Evolution of the "Entire Controversy" Doctrine and Its Enduring Effects on the Attorney-Client Relationship: What a Long, Strange Trip It Has Been
Daniel M. Serviss

The Reshaping of the Entire Controversy Doctrine: A View From the Bench
Burrell I. Humphreys

Article

Hopwood: Bakke II and Skeptical Scrutiny
Cedric Merlin Powell

Comment

A Critical Analysis of Retroactive Economic Legislation: A Proposal for Due Process Revitalization in the Economic Arena
Matthew A. Schwartz

Casenotes

Fifth Amendment - Equal Protection - Statute Which Requires Additional Proof of Paternity for Citizenship Whenever the Citizen Parent of a Child Born Out of Wedlock Is the Child's Father Does Not Represent an Unconstitutional Denial of Equal Protection Based on Sex of Citizen Parent - Miller v. Albright, 118 S. Ct. 1428 (1998).
Joseph Hannon

First Amendment - Article I, Paragraph 6 - Freedom of Speech - Statute That Restricts the Size, Number, and Content of Signs Sexually-Oriented Businesses Display Targets Only Commercial Speech and, Therefore, Is Constitutional - Hamilton Amusement Center v. Verniero, 156 N.J. 254 (1998).
Theresa Marchitto

Fifth & Fourteenth Amendments - Due Process Clause - Right Against Self-Incrimination - State's Voluntary Interview During Clemency Procedures Does Not Violate Due Process Protections or the Fifth Amendment Protection Against Compelled Self-Incrimination - Ohio Adult Parole Authority v. Woodard, 118 S. Ct. 1244 (1998).
Michele K. McGuire

Article III, Section 2, Clause 2 - Original Jurisdiction of the United States Supreme Court - In an Interstate Boundary Dispute, New Jersey Was Granted Sovereign Authority Over the Landfilled Portion of Ellis Island, with New York Retaining Sovereign Authority Over the Original Portion, Pursuant to the Express Terms of the States' Compact of 1834 - New Jersey v. New York, 118 S. Ct. 1726 (1998).
Patrick T. Mottola

Surveys

Fifth Amendment - Right Against Self-Incrimination - The Privilege Against Self-Incrimination May Be Asserted During Sentencing Following a Plea of Guilty, and the Trial Court May Not Draw an Adverse Inference From Its Assertion When Determining Relevant Facts About the Crime - Mitchell v. United States, 119 S. Ct. 1307 (1999).
Laura M. LoGiudice

Fourth and Fourteenth Amendments - Search and Seizure - Police Officers with Probable Cause to Search an Automobile May Inspect Passenger's Belongings That Are Found in the Car, Which Are Capable of Concealing the Object of the Search, Even Without Reasonable Belief That the Passenger Was Engaged in a Common Enterprise or That the Driver Had Time to Conceal Items - Wyoming v. Houghton, 119 S. Ct. 1297 (1999).
David Lawrence Burnett

First Amendment - Freedom of Religion - Establishment Clause - Holiday Display Erected and Maintained by a Governmental Entity That Contains Both Religious and Secular Symbols and Is Located on Public Property Does Not Violate the Establishment Clause When the Intent Is to Celebrate Cultural and Ethnic Diversity - American Civil Liberties Union of New Jersey v. Schundler, 168 F.3d 92 (3d Cir. 1999).
Leonard Fondetto III

First Amendment - Free Speech Clause - Public Transportation Agency's Advertising Space Is a Designated Public Forum and, as Such, Removal of Anti-Abortion Group's Posters Must Meet Strict Scrutiny - Christ Bride's Ministries, Inc. v. Southeastern Pennsylvania Transportation Authority, 148 F.3d 242 (3d Cir. 1998).
Cynthia Abson

The Constitution of the United States

The Constitution of the United States of America