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Casenotes: Constitutional Law — Commercial Speech — Federal Statute Prohibiting Mailing Of Unsolicited Contraception Advertisements Violates First Amendment As Applied To Accurate Mailings That Contribute To Informed Decision Making. Bolger V. Youngs Drug Products Corp., 103 S. Ct. 2875 (1983), Janet S. Hankin
University of Baltimore Law Review
No abstract provided.
Casenotes: Constitutional Law — Constitutional Guarantees Of Open Public Proceedings In Criminal Trials Extend To Voir Dire Examination Of Potential Jurors. Press-Enterprise Co. V. Superior Court, 104 S. Ct. 819 (1984), Kevin M. Soper
University of Baltimore Law Review
No abstract provided.
Casenotes: Constitutional Law — Sixth Amendment Guarantees Assistance Of Counsel That Is Reasonably Effective And Does Not Prejudice The Fairness Of The Proceeding. Strickland V. Washington, 104 S. Ct. 2052 (1984), Jonathan E. Fink
University of Baltimore Law Review
No abstract provided.
Bivens Actions For Federal Employees In The Aftermath Of Bush V. Lucas: Which Remedies For Whom?, Barry F. Smith
Bivens Actions For Federal Employees In The Aftermath Of Bush V. Lucas: Which Remedies For Whom?, Barry F. Smith
University of Baltimore Law Review
The recognition of the Bivens-style action, or the constitutional tort, has been followed by the Supreme Court's recent assertion that these actions will be unavailable where Congress has established an elaborate remedial scheme that should not be augmented by a judicial remedy. The author of this article posits that this necessary limitation on Bivens actions may produce an ironic result in the area of public personnel. The author reasons that those employees whom Congress has determined warrant no statutory protection may be permitted to pursue more lucrative judicial remedies than those employees whom Congress has sought to protect. The author …
Casenotes: Constitutional Law — Roadside Sobriety Tests May Not Be Administered By Law Enforcement Officials Without Probable Cause To Believe The Defendant Was Driving While Intoxicated. People V. Carlson, 677 P.2d 310 (Colo. 1984), Elena A. Rodney
University of Baltimore Law Review
No abstract provided.
Casenotes: Constitutional Law — First Amendment — Regulation Prohibiting Sleeping In National Parks Upheld As A Valid Time, Place, And Manner Regulation Regardless Of Whether Sleeping Is Speech. Clark V. Community For Creative Non-Violence, 104 S. Ct. 3065 (1984), Susan H. Hickes
University of Baltimore Law Review
No abstract provided.
Casenotes: Constitutional Law — In Personam Jurisdiction — Nonresident Insurer's Solicitation Of Modification To Insurance Contract Provides Sufficient Minimum Contact With Forum State To Satisfy Due Process Jurisdictional Requirements. August V. Hba Life Insurance Co., 734 F.2d 168 (4th Cir. 1984), Elizabeth Suzan Vanlaningham-Miller
Casenotes: Constitutional Law — In Personam Jurisdiction — Nonresident Insurer's Solicitation Of Modification To Insurance Contract Provides Sufficient Minimum Contact With Forum State To Satisfy Due Process Jurisdictional Requirements. August V. Hba Life Insurance Co., 734 F.2d 168 (4th Cir. 1984), Elizabeth Suzan Vanlaningham-Miller
University of Baltimore Law Review
No abstract provided.
Casenotes: Constitutional Law — Standing — Parents Of Black Children Attending Public Schools Undergoing Desegregation Lack Standing To Challenge Allegedly Ineffective Irs Procedures Designed To Limit Tax-Exempt Status To Racially Nondiscriminatory Private Schools. Allen V. Wright, 104 S. Ct. 3315 (1984), Susan D. Cobun
University of Baltimore Law Review
No abstract provided.
Casenotes: New Trials — Criminal Procedure — Constitutional Law — New Trial Not Warranted Unless Newly Discovered Evidence Satisfies Threshold Requirement Of Materiality To The Outcome Of The Case. Stevenson V. State, 299 Md. 297, 473 A.2d 450 (1984), Nicole Porter
University of Baltimore Law Review
No abstract provided.