Digital Commons Network^™

The Virginia Constitution: A Documentary Analysis

William & Mary Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Divorce-- Minimum Contacts Doctrine Extended to Non-Resident in Alimony Award

Conflict of Laws--Torts--Law of Forum Applies to Accident Involving Only Out-of-State Motorists

Constitutional Law--Desegregation--States Are Required To Take Affirmative Action To Desegregate Higher Education Facilities

Constitutional Law--Selective Service Act--Fifth Amendment Requires Civil Judicial Review of Draft Board Classification and Induction Orders

Public Welfare--Substitute Father Regulation Inconsistent with Social Security Act and Invalid Criterion for Denying AFDC Payments to Needy Children

Taxation--Corporate Income Tax--Pre-Sale Declaration of Dividend by Subsidiary in Amount Equal to Retained Earnings Held Tax-Exempt Inter-Corporate Dividend on Receipt by Parent

Elliot E. Cheatham, Phillip C. Jessup

Vanderbilt Law Review

A man of great courage and a fighter for principle, he would never surrender, but if conscience and conviction permitted, he would have great pleasure in giving. As one of our other colleagues has suggested to me, Elliott Cheatham's greatness as a teacher' is due to the fact that he is always eager to give. I have witnessed many examples of Elliott's modesty, which should not be mistaken for any wobbly lack of self-confidence. When he pleads that he has limitations which suggest the desirability of seeking someone else for an honor or place of distinction or a juridical contribution, …

Criminal Law - Constitutional Law - Imprsonment For Non-Payment Of Prosecution Costs And The Thirteenth Amendment - Wright V. Matthews., 209 Va. 246, 163 S.E.2d 158 (1968), Harry Saunders

William & Mary Law Review

No abstract provided.

The Working Of The New Jersey Constitution Of 1947, John E. Bebout, Joseph Harrison

William & Mary Law Review

No abstract provided.

Constitutional Law--Torts--Equal Protection Of Illegitimate Children, David L. Core

West Virginia Law Review

No abstract provided.

New York State Constitutional Reform - Past Political Battles In Constitutional Language, Richard I. Nunez

William & Mary Law Review

No abstract provided.

Constitutional Law--Police Power--Michigan Statute Requiring Motorcyclists To Wear Protective Helmets Held Unconstitutional, Michigan Law Review

Michigan Law Review

The effects of the helmet decisions on the law in general may be substantial. On the one hand, if a helmet statute is held constitutional, inroads could be made upon personal liberty; the legislature might rely on similar strained and unproved relationships to the general welfare in order to justify regulations impinging upon other areas of individual conduct. On the other hand, to hold such a statute unconstitutional may require the judiciary to interfere unreasonably with the legislature's conception of public welfare. In light of these considerations, courts dealing with challenges to such regulations in the future should pay closer …

Dietze: America's Political Dilemma, Paul G. Kauper

Michigan Law Review

A Review of America's Political Dilemma by Gottfried Dietze

Municipal Home Rule In The United States, Kenneth E. Vanlandingham

William & Mary Law Review

No abstract provided.

General Principles Of Constitutional Adjudication: The Political Foundations Of Constitutional Law, John A. Winters

William & Mary Law Review

No abstract provided.

Why The Proposed Maryland Constitution Was Not Approved, Thomas G. Pullen Jr.

William & Mary Law Review

No abstract provided.

Libel And Slander - Privilege - Cia Covert Agent's Statement Absolutely Privileged - Heine V. Raus, No. 11,195 (4th Cir. July 22, 1968), Donald E. Scearce

William & Mary Law Review

No abstract provided.

Book Review Of The Road From Runnymeade: Magna Carta And Constitutionalism In America, Robert E. Knowlton

William & Mary Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--When Plaintiff Participates in a Scheme Initiated by Defendant, In Pari Delicto Is No Bar to Recovery

=============================

Civil Rights--Amusement Park Is Covered by Title II of the Civil Rights Act of 1964

==============================

Civil Rights--Desegregation--Freedom-of-Choice Plans Are Not To Be Used When More Effective Means for Desegregation Are Available

==============================

Constitutional Law--Fourteenth Amendment Entitles Defendants Charged with Serious Crimes in State Courts to Trial by Jury

==============================

Constitutional Law-Reapportionment--"One Man, One Vote" Held Applicable to Units of Local Government

==============================

Constitutional Law--Search and Seizure--Police May Conduct Limited Search for Weapons in Course of Field Investigatin Without Probable Cause for …

The Constitution, Congress, And Presidential Elections, Albert J. Rosenthal

Michigan Law Review

It has been recommended by a prestigious commission of the American Bar Association and endorsed by the ABA's House of Delegates. The Bar Association of the City of New York, which had previously recommended a different proposed amendment, has now shifted its support to direct popular vote, as has Senator Birch Bayh, Chairman of the Subcommittee on Constitutional Amendments of the Senate Committee on the Judiciary. A Gallup poll indicates that 66 per cent of the nation supports this amendment, with only 19 per cent opposed.

It must be remembered, however, that a decision to amend the Constitution is, as …

Book Review Of The First Freedom, Arthur B. Hanson

William & Mary Law Review

No abstract provided.

Constitutional Law - Equal Protection - Duplication Of Unemployment And Workmen's Compensation Benefits - Fox V. Michigan Employment Security Commission, 153 N.W. 2d 644 (Mich. 1967), Michael Collins

William & Mary Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases --

Constitutional Law--Obscenity--Materials May Be Obscene for Minors without Being Obscene for Adults

============================

Constitutional Law--Standing-Federal Taxpayer Has Standing To Challenge Federal Expenditures Violating Specific Constitutional Prohibition

============================

Copyright--Telecommunication--CATY Carriage of Copyrighted Material Does not Constitute Infringement

=============================

Criminal Law--Exclusion for Cause of Prospective Jurors With Scruples Against Death Penalty Violates Due Process

Constitutional Law - Free Speech - Public Transit Advertising - Wirta V. Alameda-Contra Costa Transit Dist., 434 P.2d 982 (Cal. 1966), Joel H. Shane

William & Mary Law Review

No abstract provided.

Avery V. Midland County: Reapportionment And Local Government Revisited, R. Perry Sentell Jr.

Scholarly Works

Earlier in the pages of this Review the judicial application of the "one-man-one-vote" standard to local government is discussed in detail. As noted, the United States Supreme Court did not completely evolve this standard for state legislatures until June, 1964. Since that time, the state courts and the lower federal courts have been inundated with litigation raising the question of the basic applicability of the standard to local governments in this country, as well as a host of accompanying inquiries. This litigation and the courts' reactions to it were extensively traced. At the close of its term, however, the Court …

For A Swifter Criminal Appealto Protect The Public As Well As The Accused, Albert V. Bryan

Washington and Lee Law Review

No abstract provided.

Civil Rights, The Constitution And The Courts, By Archibald Cox, Mark Dewolfe Howe, And J.R. Wiggins, Winton D. Woods

Indiana Law Journal

No abstract provided.

68/06/11 Police Won't Abuse Frisk Power Upheld By High Court, Says Blackwell, Cleveland Press

Newspaper Coverage

Cleveland Police Chief Michael J. Blackwell says police won't abuse new stop-and-frisk authority granted by the U.S. Supreme Court in the Terry v. Ohio decision. Cleveland ACLU representative Bernard A. Berkman disagrees with the Court decision saying "I think to rummage a person for evidence and to convict him without probable cause is offensive to the Constitution."

68/06/10 Right To Frisk Gets Supreme Court Ok, Cleveland Press

Newspaper Coverage

Summarizes the Court's opinion in Terry v Ohio, including quotes from the majority opinion. Also include quotes from Detective Marty McFadden, Cuyahoga County Prosecutor John T. Corrigan as well as Bernard A. Berkman, Cleveland representative of the ACLU.

Introduction: Perspectives On The Japanese Constitution After Twenty Years, Dan Fenno Henderson

Washington Law Review

The articles in this symposium are concerned with several major problems encountered en route from the promulgation to present social realization of the new style of Japanese constitutionalism. We have taken this opportunity to reflect after twenty years upon the problems of structure, political milieu, and continuity with the past. To some, continuity with the Meiji Constitution (1889-1947) might seem farfetched until we remember that it had several characteristics in common with the new Constitution: both followed foreign models (German and Anglo-American); both were far in advance of the social realities which they sought to transform; both were thus a …

The Japanese Constitutional Style, John M. Maki

Washington Law Review

This examination of Japan's constitutional style is based on the manner in which the following factors have contributed to its development or have become elements of it: past constitutional history, the broad reaction against militarism and authoritarianism, basic constitutional principles, the renunciation of war, the electoral system, the structure of government, the relationship between the government and the people, education and the mass media, the intellectuals, changing social relations, popular controversy and the issue of revision. The conclusion will be that the 1947 Constitution has been firmly woven into the general institutional framework of Japanese society and will endure. Even …

Twenty Years Of Revisionism, H. Fukui

Washington Law Review

It would seem most natural that the 1947 Constitution of Japan should have been the target of strong revisionist pressure in the years following its promulgation, considering its contents and the special circumstances of its making. However, looking back upon the developments in this revisionist movement, one is struck by the degree of ambivalence and confusion in the attitudes of both the proponents. and opponents of revision and by the apparent failure of the former to effect revision. It is my view that these two impressions are very intimately interrelated and that an understanding of this relationship is necessary if …

Pollitical Questions And Judicial Review: A Comparison, Kisaburo Yokota

Washington Law Review

Although the power of judicial review is granted in unmistakable terms, Japanese courts have proceeded with great caution and discretion in their exercise of the power. One aspect of the Japanese courts' caution is illustrated by its use of the political question doctrine. Under this doctrine the judicial branch recognizes the validity of determinations of the political branches and does not review them to see whether they conform to the Constitution. The rationale is that the Constitution itself places some questions solely under the competence of the political branches of the government.

Protection Of Property Rights And Due Process Of Law In The Japanese Constitution, Nobushige Ukai, Nathaniel L. Nathanson

Washington Law Review

Some writers find a reflection of the due process clauses of the fifth and fourteenth amendments of the United States Constitution in Article 31 of the 1946 Japanese Constitution. Article 31 provides: "No person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to procedure established by law." Obviously there are disparities as well as similarities between this article and the American due process clauses. Since the Japanese Constitution was framed under the direction of the Supreme Command Allied Powers (SCAP), during the allied occupation, the similarities are not surprising. Many of …