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Constitutional Law

1980

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The Public, The Media And The Criminal Defendant: Access To Courtrooms Prevails Over Fears Of Prejudicial Publicity, W. Martine Harrell Dec 1980

The Public, The Media And The Criminal Defendant: Access To Courtrooms Prevails Over Fears Of Prejudicial Publicity, W. Martine Harrell

West Virginia Law Review

No abstract provided.


Survey Of Developments In West Virginia Law: 1980 Dec 1980

Survey Of Developments In West Virginia Law: 1980

West Virginia Law Review

No abstract provided.


Double Jeopardy In West Virginia: State Ex Rel. Dowdy V. Robinson, Gary A. Collias Dec 1980

Double Jeopardy In West Virginia: State Ex Rel. Dowdy V. Robinson, Gary A. Collias

West Virginia Law Review

In State ex rel. Dowdy v. Robinson the West Virginia Supreme Court of Appeals substantially altered the double jeopardy law of the state. Dowdy was indicted for breaking and entering a nightclub. The indictment specified the building's location as 220-22nd Street in Huntington, West Virginia. The proof presented at trial indicated that the nightclub was located at 200-22nd Street. The trial court granted a motion for a directed verdict of not guilty on the ground that the variance was fatal to the prosecution's case. Dowdy was subsequently reindicted for the breaking and entering, the only difference between the second indictment …


Abortions For Minors After Bellotti Ii: An Analysis Of State Law And A Proposal., Gerry D. Abel Lozano Dec 1980

Abortions For Minors After Bellotti Ii: An Analysis Of State Law And A Proposal., Gerry D. Abel Lozano

St. Mary's Law Journal

Abstract Forthcoming.


The Supreme Court And Press Fashions, Robert Mason Dec 1980

The Supreme Court And Press Fashions, Robert Mason

William & Mary Law Review

No abstract provided.


Extending The Limits Of Judicial Review Of Regulator Orders: Committee Of Consumer Services V. Public Service Commission, Kenneth M. Anderson Nov 1980

Extending The Limits Of Judicial Review Of Regulator Orders: Committee Of Consumer Services V. Public Service Commission, Kenneth M. Anderson

BYU Law Review

No abstract provided.


State Income Taxation Of Multijurisdictional Corporations: Reflections On Mobil, Exxon, And H.R. 5076, Walter Hellerstein Nov 1980

State Income Taxation Of Multijurisdictional Corporations: Reflections On Mobil, Exxon, And H.R. 5076, Walter Hellerstein

Scholarly Works

The state tax field is enjoying a renaissance of sorts. The Supreme Court has displayed a renewed interest in the area, handing down an unusual number of significant decisions addressed to the constitutional restraints on state tax power. State courts have exhibited a similar revival of interest in these problems through an out-pouring of uncharacteristically thoughtful opinions concerning state taxation of multistate and multinational enterprise. Congress, whose concern with state taxation of interstate and foreign commerce has been sporadic, is again considering legislation that would limit state taxing authority in these domains.

Even the executive branch, which seldom intervenes in …


The Civil Investigative Demand: A Constitutional Analysis And Model Proposal, Anthony J. Mcfarland Nov 1980

The Civil Investigative Demand: A Constitutional Analysis And Model Proposal, Anthony J. Mcfarland

Vanderbilt Law Review

This Note first traces the initial judicial reaction to administrative demands for information and administrative investigations and delineates the constitutional requirement set forth therein. The Note next examines the development of CIDs and analyzes decisions upholding their constitutionality. This Note contends that most courts either have incorrectly applied current administrative standards to the CID or have failed to apply such standards altogether. The analysis is broken down into six parts,each dealing with a separate constitutional basis for a CID challenge. Because most suits that contest CIDs are based on fourth amendment search and seizure issues, the bulk of this Note …


Constitutional Torts, Christina B. Whitman Nov 1980

Constitutional Torts, Christina B. Whitman

Articles

In this Article, I analyze the significance of the overlap between state tort law remedies and remedies under section 1983. I conclude that the dissatisfaction with section 1983 cannot fairly be attributed to the fact that it has been read to provide a remedy that "supplements" state law. I argue that most of the anxiety over constitutional damage actions under section 1983 can be understood - and resolved - only by focusing on two other questions. The first of these concerns the appropriate reach of the Constitution. Ambivalence about section 1983 reflects, in part, a fear that the federal Constitution …


Remarks Of J. Clay Smith, Jr., President Of The Federal Bar Association, J. Clay Smith Jr. Oct 1980

Remarks Of J. Clay Smith, Jr., President Of The Federal Bar Association, J. Clay Smith Jr.

Selected Speeches

No abstract provided.


The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne Oct 1980

The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne

Faculty Publications

Responding to the trend of media rights being subjugated through the legal process, this article examines Justice Stewart's suggestion that the media should be treated with extra deference in First Amendment cases. This examination looks at the sufficiency of the press's claim of judicial harshness, whether the press should be treated differently than other speakers, and also compares press freedom in foreign nations.


Wood V. Georgia, Lewis F. Powell, Jr. Oct 1980

Wood V. Georgia, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Little V. Streater, Lewis F. Powell, Jr. Oct 1980

Little V. Streater, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Rhodes V. Chapman, Lewis F. Powell, Jr. Oct 1980

Rhodes V. Chapman, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Certain Named And Unnamed Non-Citizen Children And Their Parents V. Texas, Lewis F. Powell Jr. Oct 1980

Certain Named And Unnamed Non-Citizen Children And Their Parents V. Texas, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Estelle V. Smith, Lewis F. Powell Jr. Oct 1980

Estelle V. Smith, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Edwards V. Arizona, Lewis F. Powell Jr. Oct 1980

Edwards V. Arizona, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Michael M. V. Superior Court Of Sonoma County, Lewis F. Powell Jr. Oct 1980

Michael M. V. Superior Court Of Sonoma County, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


H.L. V. Matheson, Lewis F. Powell Jr. Oct 1980

H.L. V. Matheson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Michigan V. Summers, Lewis F. Powell Jr. Oct 1980

Michigan V. Summers, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Cortez, Lewis F. Powell Jr. Oct 1980

United States V. Cortez, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Robbins V. California, Lewis F. Powell Jr. Oct 1980

Robbins V. California, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Schweiker V. Wilson, Lewis F. Powell Jr. Oct 1980

Schweiker V. Wilson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Rostker V. Goldberg, Lewis F. Powell Jr. Oct 1980

Rostker V. Goldberg, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Maryland V. Louisiana, Lewis F. Powell Jr. Oct 1980

Maryland V. Louisiana, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Dames & Moore V. Regan, Lewis F. Powell Jr. Oct 1980

Dames & Moore V. Regan, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States Railroad Retirement Board V. Fritz, Lewis F. Powell Jr. Oct 1980

United States Railroad Retirement Board V. Fritz, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Montana V. United States, Lewis F. Powell Jr. Oct 1980

Montana V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Federal Communications Commission V. Wncn Listeners Guild, Lewis F. Powell Jr. Oct 1980

Federal Communications Commission V. Wncn Listeners Guild, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Mcdaniel V. Sanchez, Lewis F. Powell Jr. Oct 1980

Mcdaniel V. Sanchez, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.