Digital Commons Network^™

Discouraging The Dual Practice Of Accounting And Law: Is This A Valid Exercise Of The State's Power To Regulate The Legal And Accounting Professions?, James E. Mcclain Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

The Absoluteness Of The First Amendment, Stephen W. Gard

Law Faculty Articles and Essays

Despite an urgent need, the reality is that today we have no unifying free speech theory. Instead, the recent decisions of the United States Supreme Court suggest that doctrinal confusion reigns. Ironically, I would suggest that the cause of the present doctrinal confusion is not that insufficient attention has been paid to technical free speech issues, but rather that modern first amendment thinking has been dominated by "balancers." The poverty of the balancing approach, be it ad hoc or definitional in character, stems from its reliance on pragmatic considerations rather than on fundamental principles embodied in the enduring legacy of …

Recent Cases, Alan W. Duncan, Elton G. Snowden, William A. Holby, Joseph W. Gibbs

Vanderbilt Law Review

Constitutional Law -- Newsperson's Privilege - The First Amendment Guarantee of a Free Press Protects Against Compelled Disclosure of a Journalist's Exercise of Editorial Control and Judgment

Plaintiff, a former army officer who had achieved national prominence by claiming that his superiors ignored his reports of atrocities by American forces in Vietnam,' brought a libel suit against defendant television producer, reporter, and network for broadcasting a program that cast doubt upon plaintiff's allegations. Contending that defendant did not present available information corroborating plaintiff's claims, plaintiff sought discovery of the producer's beliefs, opinions, intent, and conclusions in preparing the program.

Alan …

Recent Cases, Robert E. Banta, Oby T. Brewer, Iii, Cornelia A. Clark, I. Terry Currie, Douglas W. Ey, Jr.

Vanderbilt Law Review

Constitutional Law-First Amendment-School Authorities May Prohibit High School Student's Distribution of Sex Questionnaire to Prevent Possible Psychological Harm to Other Students Robert Edward Banta

Plaintiff, editor of a high school publication,' brought suit in federal court seeking an order compelling defendant school officials to allow the student publication to distribute a sex questionnaire,to students in the high school and to publish the results. Plaintiff claimed that defendants had not shown that the planned distribution would disrupt school activities and that, therefore, defendants'prohibition of the questionnaire violated 42 U.S.C. § 19831 and the first and fourteenth amendments. Pointing to potential psychological …

Constitutional Law: Equal Protection: Martinez V. Santa Clara Pueblo--Sexual Equality Under The Indian Civil Rights Act, Andra Pearldaughter

American Indian Law Review

No abstract provided.

Shield Laws: The Legislative Response To Journalistic Privilege, Susan L. Dolin

Cleveland State Law Review

Despite the increasing importance of the journalist in society, one controversy which has long been of significant concern to reporters has yet to be resolved - the compelled disclosure of journalistic sources in courtroom or grand jury proceedings. Threatened with citation for contempt, the journalist in such situations must often face two equally unacceptable alternatives: divulge a confidential source, or go to jail. To circumvent conflicts of this nature, the journalistic profession has urged the adoption of an evidentiary privilege which would protect reporters from compelled disclosure of confidential sources. This Note will focus on one means of instituting such …

Recent Cases, Samuel E. Stumpf, Jr., M. Carolyn Barefield, Robert S. Reder, Stephen C. Morton, Randolph C. Coley

Vanderbilt Law Review

Noerr-Pennington Immunity for Joint Efforts to Influence Governmental Action - Intent to Cause Competitive Injury, Evidenced by Repeated, Baseless Opposition Before an Adjudicatory Body, Does Not Result in Loss of Noerr-Pennington Immunity Absent Specific Allegations of Conduct External to or Abusive of the Adjutory Processes

Samuel E. Stumpf, Jr.

Constitutional Law - First Amendment - Student's Right to Receive Information Precludes Board's Removal of Allegedly Offensive Books from High School Library

M. Carolyn Barefield

Constitutional Law-Search and Seizure - Federal Courts Are Bound by Federal Wiretapping Statutes and Will Not Exclude Evidence Seized by State Agents in Violation of More …

Constitutional Law - Commercial Speech - Municipal Ordinance Which Prohibits The Display Of "For Sale" And "Sold" Signs On Residential Property In Order To Prevent Panic Selling Is Constitutional, Mary M. Popper

Fordham Urban Law Journal

This case note examines the United States Third Circuit Court of Appeals' decision in Linmark Associates, Inc. v. Township of Willingboro, 535 F.2d 786 (3d Cir.), cert. granted, 97 S. Ct. 351 (1976), upholding the constitutionality of an ordinance prohibiting the display of "for sale" and "sold" signs on residential property. The Third Circuit held that the signs were primarily commercial speech and since neither message contained comment on social policy, political protest, or similar elements of pure speech, the governmental interests forwarded by the ordinance sufficiently outweighed any infringement on first amendment rights. The case note finds that in …

Constitutional Law: The Right To Wear A Traditional Indian Hair Style--Recognition Of A Heritage, Peggy Doty

American Indian Law Review

No abstract provided.

Placement Of Children In Religiously Affiliated Foster Care Held Not Violative Of Establishment Clause Where State Acts In Loco Parentis To Meet Free Excercise Rights Of Children. Wilder V. Sugarman, 385 F. Supp. 1013 (S.D.N.Y. 1974) (Per Curiam)., Richard F. Nacchio

Fordham Urban Law Journal

The New York State Constitution provides for the assignment of foster children to "an institution or agency governed by persons, or in the custody of a person, of the same religious persuasion as the child." It likewise empowers the state to reimburse foster care institutions for the expense of caring for the children. Plaintiffs, six children for whom guardians were appointed, sought a declaratory judgment that provisions of the New York State Constitution and statutes implementing these constitutional provisions violate the first, eighth, and fourteenth amendments of the United States Constitution. Defendants were public agencies and officials responsible for the …

Television And Radio Commentators' Freedom Of Speech Not Infringed By Dues Requirement Of Union Shop Agreement. Buckley V. American Federation Of Television And Radio Artists, 496 F.2d 305 (2d Cir.), Cert. Denied, 95 S. Ct. 688 (1974)., Edwin M. Ceccarelli

Fordham Urban Law Journal

Plaintiffs, prominent television and radio commentators, were compelled to pay union dues and join the American Federation of Television and Radio Artists (AFTRA) as a condition precedent to their public broadcasts. Plaintiffs sought declaratory and injunctive relief, alleging that this union shop requirement had a "chilling effect" upon the exercise of free speech and thus violated the first amendment. The United States District Court for the Southern District of New York ruled in plaintiffs' favor and declared that any provisions requiring plaintiffs to become members of AFTRA, pay dues, and comply with any regulations incident thereto were void and of …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Torts--Lex Loci Delicti Is Proper Law When Parties Are Domiciled in Different Jurisdictions Unless Displacing That Law Advances Forum State's Substantive Law Purposes Without Impeding Interstate Relations or Predictability of Result

Plaintiff, an Ontario domiciliary, brought an action in New York for the wrongful death of her husband, also a domiciliary of Ontario,who was killed in a collision in that province' while a passenger in an automobile driven by defendant's intestate, a New York domiciliary. Defendant pleaded as an affirmative defense the Ontario guest statute, which restricts a guest's recovery to damages for injuries sustained only as a …

Healy V. James: Official Campus Recognition For Student Groups, Jeffrey L. Terbeek

Cleveland State Law Review

On June 26, 1972, the Supreme Court of the United States handed down its decision in the case of Healy v. James, a decision which will have great effect in the administrative review by a college or university official of a petition by a student group for recognition as a fullfledged campus organization. The Court declared that such a petition carries with it the associational rights of the group as protected by the first amendment, which can not be subjected to the prior restraint of denial without a constitutionally valid cause; placed the burden of proving such cause on the …

Laird V. Tatum: The Supreme Court And A First Amendment Challenge To Military Surveillance Of Lawful Civilian Political Activity, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

This Comment will explore the salient issues raised by Laird v. Tatum and will attempt to answer the following questions: Did the Supreme Court err in denying the political activists an opportunity to present witnesses at a District Court hearing and in deciding the issues on the original papers and appellate brief? Was the Military Intelligence (hereinafter MI) program complained of an impermissible abridgment of First Amendment rights? Did Justice Rehnquist behave improperly by participating in the Laird v. Tatum decision? Last, to what extent has the Supreme Court's decision in this case affected future adjudication of First Amendment class …

Constitutional Law - Attorney's Loyalty Fitness, W. Wade Berryhill

Law Faculty Publications

One may reasonably conclude that a state may escape invalidation of a statute which apparently exceeds permissible Bill of Rights limits if the state shows that the statute does not operatively mean what it appears to say, but rather requires only an allegiance to the Constitution, and secondly, that a state may properly make inquiries to determine the oath affirmant's sincerity and good faith.

Freedom Of Expression In Secondary Schools, Ann Aldrich, Joanne V. Sommers

Cleveland State Law Review

Guzick v. Drebus, currently under consideration on appeal to the United States Court of Appeals for the Sixth Circuit, raises important questions concerning the application of the First Amendment to secondary school students.

The Constitution On The Campus, Charles A. Wright

Vanderbilt Law Review

This article is the text of the Oliver Wendell Holmes Lectures, delivered by Professor Wright at the Vanderbilt University School of Law in April, 1969. Oliver Wendell Holmes, Jr., left a large part of his estate to the United States at his death in 1935. By Act of Congress in 1955, the disposition of the property was entrusted to a Permanent Committee, which, among other projects, sponsors the, annual Hohnes Lectures by a distinguished legal scholar.

Professor Wright has brought to this topic both profound constitutional scholarship and wide experience in dealing with related problems at his university. His thesis …

Federal Communications Commission's Fairness Regulations A First Steptowards Creation Of A Right Of Access To The Mass Media, Michael Botein

Articles & Chapters

No abstract provided.