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Constitutional Law

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Duquesne Law Review

1965

Articles 1 - 9 of 9

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Constitutional Law - Civil Rights, Frank Regan Nerone, John W. Latella Jan 1965

Constitutional Law - Civil Rights, Frank Regan Nerone, John W. Latella

Duquesne Law Review

Public Accommodations Under the Civil Rights Act of 1964.

Heart of Atlanta Motel, Inc. v. United States, 85 Sup. Ct. 348 (1964).


Constitutional Law - Illegal Search And Seizure, Samuel J. Pasquarelli Jan 1965

Constitutional Law - Illegal Search And Seizure, Samuel J. Pasquarelli

Duquesne Law Review

The rule announced in Mapp v. Ohio will not be used to overturn any conviction finally adjudicated before Mapp v. Ohio was decided.

Linkletter v. Walker, 85 Sup. Ct. 1731 (1965).


Constitutional Law - Right To Counsel, Ronald H. Heck Jan 1965

Constitutional Law - Right To Counsel, Ronald H. Heck

Duquesne Law Review

The United States Supreme Court, in making an accused's right to confront witnesses a fundamental right applicable to the states, unnecessarily extended constitutional law.

Pointer v. Texas, 380 U. S. 400 (1965).


Constitutional Law - Self Incrimination, Frank Intrieri Jan 1965

Constitutional Law - Self Incrimination, Frank Intrieri

Duquesne Law Review

The fifth amendment, in its direct application to the federal government and its bearing on the states by reason of the fourteenth amendment, forbids either comment by the prosecution on the accused's silence or instructions by the court that such silence is evidence of guilt.

Griffin v. State of California, 85 Sup. Ct. 1229 (1965)


Constitutional Law - Right To Travel - Area Restrictions, F. Regan Nerone Jan 1965

Constitutional Law - Right To Travel - Area Restrictions, F. Regan Nerone

Duquesne Law Review

Area Restrictions-Congressional intent of Passport Act of 1926 and Immigration & Nationality Act of 1952.

Zemel v. Rusk, 381 U. S. 1, 85 Sup. Ct. 1271 (1965).


Constitutional Law - Right To Counsel, Steven K. Yablonski Jan 1965

Constitutional Law - Right To Counsel, Steven K. Yablonski

Duquesne Law Review

Accused's right to counsel attaches at the accusatory stage of the proceedings even though no request for counsel is made.

United States ex rel. Russo v. New Jersey, 351 F.2d 429 (3d Cir. 1965).


Constitutional Law - Right To Counsel, Joseph Pass Jr. Jan 1965

Constitutional Law - Right To Counsel, Joseph Pass Jr.

Duquesne Law Review

The right to counsel attaches at an accusatorial proceeding even though not requested. The rule announced in Escobedo v. Illinois will not be applied retrospectively to cases finally adjudicated before Escobedo v. Illinois was decided.

Commonwealth v. Negri, 419 Pa. 117, 213 A.2d 670 (1965).


Constitutional Law - Self-Incrimination, John F. Yetter Jan 1965

Constitutional Law - Self-Incrimination, John F. Yetter

Duquesne Law Review

That section of the Subversive Activities Control Act requiring individual members of the Communist Party to register with the Justice Department violates registrants' fifth amendment privilege against self-incrimination.

Albertson v. Subversive Activities Control Board, 86 Sup. Ct. 194 (1965).


Constitutional Law - Reapportionment, Andrew M. Schifinio, Dennis Gerard Long Jan 1965

Constitutional Law - Reapportionment, Andrew M. Schifinio, Dennis Gerard Long

Duquesne Law Review

The Pennsylvania Reapportionment Act held unconstitutional.

Butcher v. Bloom, 415 Pa. 438, 203 A. 2d 556 (1964)