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Articles 3871 - 3900 of 3906
Full-Text Articles in Entire DC Network
The Constitution And Contempt Of Court, Ronald Goldfarb
The Constitution And Contempt Of Court, Ronald Goldfarb
Michigan Law Review
Few legal devices find conflict within the lines of our Constitution with the ubiquity of the contempt power. These conflicts involve issues concerning the governmental power structure such as the separation of powers and the delicate balancing of federal-state relations. In addition, there are civil rights issues attributable to the conflict between the use of the contempt power and such vital procedural protections as the right to trial by jury, freedom from self-incrimination, double jeopardy, and indictment-to name only the most recurrent and controversial examples. Aside from these problems, there are other civil liberties issues, such as those involving freedom …
Betts V. Brady Twenty Years Later: The Right To Counself And Due Process Values, Yale Kamisar
Betts V. Brady Twenty Years Later: The Right To Counself And Due Process Values, Yale Kamisar
Michigan Law Review
I am quite distressed by talk that the landmark case of Mapp v. Ohio "suggests by analogy" that the Court may now overrule Betts v. Brady. For whether one talks about the fourth or the sixth amendment, there is much to be said for Justice Harlan's dissenting views in Mapp. "[W]hatever configurations ... have been developed in the particularizing federal precedents" should not be "deemed a part of 'ordered liberty,' and as such ... enforceable against the States .... [W]e would not be true to the Fourteenth Amendment were we merely to stretch the general principle [ of …
Constitutional Law - Search And Seizure - Evidence Obtained By Unreasonable Search And Seizure Is Constitutionally Inadmissible In State Criminal Prosecutions, John B. Lieberman Iii
Constitutional Law - Search And Seizure - Evidence Obtained By Unreasonable Search And Seizure Is Constitutionally Inadmissible In State Criminal Prosecutions, John B. Lieberman Iii
Villanova Law Review
No abstract provided.
Constitutional Law- Due Process- Conviction Without Evidence Of Guilt, Donald A. Slichter
Constitutional Law- Due Process- Conviction Without Evidence Of Guilt, Donald A. Slichter
Michigan Law Review
Petitioner was convicted in the Police Court of Louisville, Kentucky, of two offenses. After seeing petitioner "dancing by himself" on the dance floor, the police charged him with loitering; when he became argumentative about this arrest, he was also charged with disorderly conduct. Although he protested that he had come into the restaurant where he was arrested to "wait on a bus" and have a meal, he was nevertheless taken into custody. At the trial the arresting officer testified that the manager had told him that petitioner had been there "a little over a half hour and that he had …
Free Will In The Frontiers Of Federalism, John R. Brown
Free Will In The Frontiers Of Federalism, John R. Brown
Michigan Law Review
In an assembly dedicated, as this one is, to frontiers in law and legal education in celebration of the centennial of this great Law School and forecasting what is to be expected in the next one hundred years, the idea of states' rights-of the federal-state relationship-has seemed almost ironic.
Constitutional Law - Due Process And Right Of Confrontation- Jencks Act, Robert J. Margolin S.Ed.
Constitutional Law - Due Process And Right Of Confrontation- Jencks Act, Robert J. Margolin S.Ed.
Michigan Law Review
The Jencks Act like the rule it purportedly reaffirmed, was designed to insure "justice." Although the stated purpose of the act was to preserve the rights of any defendant under due process of law, the question remains unresolved whether, in articulating the rule in terms of "justice," the Court in Jencks v. United States incorporated it into the requirements of due process. To be sure, the underlying intent of both the Court and Congress is unclear, but of far more concern than the intent is whether the Jencks Act, in fact, violates the constitutional mandates of the Fifth and Sixth …
The Constitution And The Standing Army: Another Problem Of Court-Martial Jurisdiction, Robert D. Duke, Howard S. Vogel
The Constitution And The Standing Army: Another Problem Of Court-Martial Jurisdiction, Robert D. Duke, Howard S. Vogel
Vanderbilt Law Review
With the emergence of the Soviet menace after World War II, the United States has, for the first time in its history, found it essential to maintain, both here and abroad, a large standing armed force in what is technically peacetime. That has in turn brought to the fore important and novel questions concerning the jurisdiction which courts martial may constitutionally exercise. With millions of Americans serving and likely to serve in the armed forces, it is to be expected that the Supreme Court will scrutinize, with more care than ever before, legislation which purports to strip from these"citizen soldiers" …
Recent Decisions, Various Editors
The Supreme Court And State Power To Deal With Subversion And Loyalty, Roger C. Cramton
The Supreme Court And State Power To Deal With Subversion And Loyalty, Roger C. Cramton
Cornell Law Faculty Publications
In this Article, Professor Cramton discusses the effect of recent United States Supreme Court decisions on state control of Subversive activities. He finds that while the decisions to some extent restrict state activity in this area, and though the Court in its decisions gives the impression of vacillation and confusion, some definite and workable principles are emerging which contribute to a resolution of the inherent conflict of federal-state relations which these issues pose. He concludes that as the states grow more sophisticated in their treatment of these issues, so the policy of judicial self-restraint will become more influential in restricting …
Recent Decisions, Variosu Editors
Book Review, Law Review Staff
Book Review, Law Review Staff
Vanderbilt Law Review
The National Probation and Parole Association has been working for over 35 years to improve the administration of justice and in the publication of "Guides for Sentencing" it has provided one of its most important services to judges who are charged with the administration of criminal justice and to juvenile and domestic relations courts. The book is the first of a series of practical manuals for all of the above named courts and it is the result of the combined labors of 37 specially selected United States, state and juvenile judges for a period of about five years. Bolitha J. …
Constitutional Law--Equal Protection Of The Law--State Regulation Of Money Order Agencies, D. L. Mcc.
Constitutional Law--Equal Protection Of The Law--State Regulation Of Money Order Agencies, D. L. Mcc.
West Virginia Law Review
No abstract provided.
Constitutional Law--Due Process--Prosecution's Withholding Evidence Favorable To Defendant Held Violative, T. E. P.
West Virginia Law Review
No abstract provided.
Book Review. Essays In Constitutional Law (Robert G. Mccloskey, Ed.), W. Howard Mann
Book Review. Essays In Constitutional Law (Robert G. Mccloskey, Ed.), W. Howard Mann
Articles by Maurer Faculty
No abstract provided.
Book Review. Fellman, D., The Defendant's Rights, Jerome Hall
Book Review. Fellman, D., The Defendant's Rights, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Constitutional Law - Post-Conviction Due Process - Right Of Indigent To Review Of Non-Constitutional Trial Errors, Robert C. Casad S.Ed.
Constitutional Law - Post-Conviction Due Process - Right Of Indigent To Review Of Non-Constitutional Trial Errors, Robert C. Casad S.Ed.
Michigan Law Review
The purpose of this comment is to examine a new development. in post-conviction due process: Griffin v. Illinois. This case announces a new principle of constitutional right under the Fourteenth Amendment based on an almost indistinguishable combination of due process and equal protection elements.
Compelling The Testimony Of Political Deviants, O. John Rogge
Compelling The Testimony Of Political Deviants, O. John Rogge
Michigan Law Review
At the last term the United States Supreme Court in Ullmann v. United States upheld the constitutionality of paragraph (c) of a federal act of August 1954 which seeks to compel the testimony of communists and other political deviants. Paragraph (c) relates to witnesses before federal courts and grand juries. The Court specifically left open the question of the validity of paragraphs (a) and (b) relating to congressional witnesses. Justice Frankfurter delivered the Court's opinion. Justice Douglas, with the concurrence of Justice Black, wrote a dissent.
It is our purpose to consider the background, history and terms of this compulsory …
Courts--Supervisory Powers--Enjoinment Of Federal Narcotics Agent From Testifying In State Court, T. E. P.
Courts--Supervisory Powers--Enjoinment Of Federal Narcotics Agent From Testifying In State Court, T. E. P.
West Virginia Law Review
No abstract provided.
Legislation - Witness Immunity Act Of 1954 - Constitutional And Interpretative Problem, George S. Flint S.Ed.
Legislation - Witness Immunity Act Of 1954 - Constitutional And Interpretative Problem, George S. Flint S.Ed.
Michigan Law Review
The passage in August, 1954 of a federal statute granting immunity under specified conditions to witnesses before congressional committees and in the federal courts marks a third legislative experiment designed to soften the effect of the Fifth Amendment as a limitation on the investigatory power of Congress. The first two attempts were less than successful. This comment will discuss the historical background of immunity legislation, and some possible constitutional pitfalls and problems of construction created by the statutory language.
The Right Of Privacy And Due Process Of Law, Paul Gonson
The Right Of Privacy And Due Process Of Law, Paul Gonson
Buffalo Law Review
No abstract provided.
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
A Commentary on Recent Case Law --By Subject:
Constitutional Law--Due Process--Use in State Prosecution of Evidence obtained by Illegal Invasion of Privacy
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Constitutional Law--Unlawful Search and Seizure--Admissibility of Evidence for Impeachment Purposes
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Evidence--Radar Evidence of Speed--Coincidence of Radar and Speedometer Readings as Hearsay
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Federal Courts--State NonResident Motorist Statute--Waiver of Federal Venue Privilege
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Federal Jurisdiction--Diversity of Citizenship--Retroactive Effect of Amendments to Perfect Jurisdiction
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Income Taxation--Deductions--Periodic Alimony Payments
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Labor Law--Preemptive Effect of Taft-Hartley--Scope of State Jurisdiction
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Torts--Dog Bite--Owner's Scienter
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Workmen's Compensation--Accident Arising out of Employment--Pre-Existing Heart Disease
Search And Seizure Under The Fourth Amendment As Interpreted By The United States Supreme Court, E. G. Trimble
Search And Seizure Under The Fourth Amendment As Interpreted By The United States Supreme Court, E. G. Trimble
Kentucky Law Journal
No abstract provided.
Constitutional Law—Admission Of Evidence Obtained By Use Of Stomach Pump Violative Of Due Process, Joseph A. Taddeo
Constitutional Law—Admission Of Evidence Obtained By Use Of Stomach Pump Violative Of Due Process, Joseph A. Taddeo
Buffalo Law Review
Rochin v. People of California, 72 S. Ct. 205 (1952).
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
RECENT CASES
ADMINISTRATIVE LAW--FINANCIAL RESPONSIBILITY ACT--REVOCATION OF DRIVER'S LICENSE WITHOUT HEARING
CONSTITUTIONAL LAW--ECONOMIC REGULATION--STATE COURT INTERPRETATIONS OF SUBSTANTIVE DUE PROCESS
CONSTITUTIONAL LAW--EMINENT DOMAIN FOR SLUM CLEARANCE--EFFECT OF SALE OR LEASE OF PROPERTY TO PRIVATE PERSONS FOR REDEVELOPMENT
CONSTITUTIONAL LAW--INTERGOVERNMENTAL RELATIONS--STATE SALES TAX ON INDEPENDENT CONTRACTOR DEALING WITH FEDERAL AGENCY WHOSE "ACTIVITIES" ARE EXEMPTED
CRIMINAL LAW--EFFECT OF PROOF OF COMPLETED CRIME ON CHARGE OF ATTEMPT--FATAL VARIANCE
FEDERAL JURISDICTION--FORUM NON CONVENIENS--STAY OF FEDERAL ACTION PENDING STATE DECISION
INSANE PERSONS--COMMITMENT PROCEEDINGS--REQUIREMENT OF REASONABLE NOTICE
RIGHT OF PRIVACY--PUBLICATION OF PICTURES AS OFFENSE TO "ORDINARY SENSIBILITIES"--QUESTION OF LAW OR FACT?
TRUSTS--DUALITY OF INTEREST--MERGER OF TITLE …
Constitutional Law, Morris B. Abram, Robert B. Mckay
Constitutional Law, Morris B. Abram, Robert B. Mckay
Mercer Law Review
Georgia appellate courts did not in the year under discussion have the occasion to pass on as many interesting and complex constitutional situations as in-the prior year. To a large extent the constitutional questions in the period related to matters of criminal law and procedure, and it was in this field, perhaps, more than any other that the principal decisions lay.
Criminal Law Administration Prior To Trial: Recent Constitutional Developments, Paul H. Sanders
Criminal Law Administration Prior To Trial: Recent Constitutional Developments, Paul H. Sanders
Vanderbilt Law Review
Probably the most pervasive dilemma in human experience is that which poses the choice with respect to the use of normally-condemned means in order to attain what are considered to be desirable ends. The field of criminal law administration offers a particularly apt illustration of the dilemma in modern society. The actual, day-to-day methods of operation of our law enforcement officers, prosecutors, judges and other officials concerned with the investigation, trial and punishment of those charged with crime,--all reflect the choice that has been made in fact by our society. We can each judge, within the limits of our experience, …
Book Reviews, Carl B. Swisher (Reviewer), Elvin E. Overton (Reviewer), Jay Murphy (Reviewer), Charlotte Williams (Reviewer), Alexander Holtzoff (Reviewer)
Book Reviews, Carl B. Swisher (Reviewer), Elvin E. Overton (Reviewer), Jay Murphy (Reviewer), Charlotte Williams (Reviewer), Alexander Holtzoff (Reviewer)
Vanderbilt Law Review
Book Reviews
LIONS UNDER THE THRONE
By Charles P. Curtis, Jr.
Boston: Houghton Mifflin, 1947. Pp. xviii, 368. $3.50
MR. JUSTICE BLACK: THE MAN AND His OPINIONS
By John P. Frank (Introduction by Charles A. Beard)
New York: Knopf Company, 1949.Pp. xix, 357. $4.00
ON UNDERSTANDING THE SUPREME COURT
By Paul A. Freund
Boston: Little, Brown & Co., 1949. Pp. vi, 130. $3.00
MELVILLE VESTON FULLER: CHIEF JUSTICE OF THE UNITED STATES, 1888-1919
By Willard L. King
New York: Macmillan Company, 1950. Pp.394. $5.00
CHIEF JUSTICE STONE AND THE SUPREME COURT
By Samuel J. Konefsky (Prefatory Note by Charles A. …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Recent Cases
Bills and Notes--Fictitious Payee Known only to Fraudulent Employee of Drawer--Negotiable Instruments Law v. Fictitious Payee Act
Constitutional Law--Amendment and Revision--Power to Call Constitutional Convention Limited to Consideration of Specific Topics
Constitutional Law--Interstate Commerce--Dental of License to Ship Milk Held Invalid
Constitutional Law--Separation of Powers--Legislative Control over Admission to the Bar
Contracts--Recited Cash Consideration--Effect of Non-payment
Contracts--Statute of Frauds--Letterhead as a Signature
Criminal Procedure--Communication between Judge and Jury--Effect of Inquiry as to Pronounced Majority
Criminal Procedure--Constitutional Right to Public Trial--Power of Court to Order Courtroom Cleared of Spectators
Estates--Disability of Life Tenant to Purchase Tax Title to Exclusion …
Effective Criminal Administration Under The Accusatorial System
Effective Criminal Administration Under The Accusatorial System
Indiana Law Journal
Recent Cases: Constitutional Law
Constitutional Law--State's Right To Criminal Appeal, C. A. P. Jr.
Constitutional Law--State's Right To Criminal Appeal, C. A. P. Jr.
West Virginia Law Review
No abstract provided.