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Double Jeopardy In West Virginia: State Ex Rel. Dowdy V. Robinson, Gary A. Collias
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 …
The Public, The Media And The Criminal Defendant: Access To Courtrooms Prevails Over Fears Of Prejudicial Publicity, W. Martine Harrell
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.
The Civil Investigative Demand: A Constitutional Analysis And Model Proposal, Anthony J. Mcfarland
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 …
Federal Communications Commission V. Wncn Listeners Guild, Lewis F. Powell Jr.
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.
Mcdaniel V. Sanchez, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Pennhurst State School And Hospital V. Halderman, Lewis F. Powell Jr.
Pennhurst State School And Hospital V. Halderman, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
A Comparative Study Of Judicial Review Under Nationalist Chinese And American Constitutional Law, Jyh-Pin Fa
A Comparative Study Of Judicial Review Under Nationalist Chinese And American Constitutional Law, Jyh-Pin Fa
Maryland Series in Contemporary Asian Studies
No abstract provided.
The Unconstitutional Detention Of Mexican And Canadian Prisoners By The United States Government, Jordan J. Paust
The Unconstitutional Detention Of Mexican And Canadian Prisoners By The United States Government, Jordan J. Paust
Vanderbilt Journal of Transnational Law
A recent article by Professor Bassiouni addresses the procedures for the transfer of prisoners under agreements with Mexico and Canada and certain "substantive constitutional issues" in a most interesting way. Nevertheless an interest in addressing constitutional problems from the most thorough of approaches possible compels further comment on federal powers and constitutional rights. Professor Bassiouni's efforts are noteworthy but his stated conclusion that "[t]he scheme for the transfer of offenders is a laudable step which should be supported by the bench and bar should not be unquestioningly accepted. The transfer agreements represent a retreat from the constitutional protection of fundamental …
Constitutional Law: Dubious Intrusions--Peynote, Drug Laws, And Religious Freedom, John T. Doyle
Constitutional Law: Dubious Intrusions--Peynote, Drug Laws, And Religious Freedom, John T. Doyle
American Indian Law Review
No abstract provided.
East European Perceptions Of The Helsinki Final Act And The Role Of Citizen Initiatives, Vratislav Pechota
East European Perceptions Of The Helsinki Final Act And The Role Of Citizen Initiatives, Vratislav Pechota
Vanderbilt Journal of Transnational Law
Human rights are articulable expressions of legal ideas that can be readily identified. The developments of the last thirty-five years have created a duality of sources from which fundamental rights of the individual derive. There are, on the one hand, national human rights. They derive from the constitution and the laws of each nation, from its traditions, values and other elements that make up what may be appropriately called the "national human rights culture." They are expressive of the specific needs of each society and indicate the purposes for which governments are created. They necessarily differ from one country to …
The Field Of Public Land Law: Some Connecting Threads And Future Directions, Charles F. Wilkinson
The Field Of Public Land Law: Some Connecting Threads And Future Directions, Charles F. Wilkinson
Publications
No abstract provided.
Book Review, Stephen W. Gard
Book Review, Stephen W. Gard
Law Faculty Articles and Essays
The author reviews Justice Hugo Black and the First Amendment, edited by Everette E. Dennis, Donald M. Gillmor and David L. Grey.
Exclusionary Land Use Controls And The Takings Issue, Robert R. Wright
Exclusionary Land Use Controls And The Takings Issue, Robert R. Wright
Faculty Scholarship
No abstract provided.
The Foreign Intelligence Surveillance Act Of 1978, Kim L. Kelley
The Foreign Intelligence Surveillance Act Of 1978, Kim L. Kelley
Vanderbilt Journal of Transnational Law
In 1978 Congress enacted and President Carter signed into law the Foreign Intelligence Surveillance Act of 1978 [FISA]. The Act established the exclusive means by which foreign intelligence surveillance within the United States could be conducted. It was a completion of the statutory schemata governing domestic electronic eavesdropping created via Title III of the Omnibus Crime Control Act of 1968 [hereinafter Title III]. Congress enacted the FISA to clarify and delineate the proper interface between the dictates of the fourth amendment and foreign intelligence eavesdropping within the country. It was a legislative response to a void in this area of …
The Mortgage Subsidy Bond Tax Act Of 1979: An Unwarranted Attack On State Sovereignty, John J. Keohane
The Mortgage Subsidy Bond Tax Act Of 1979: An Unwarranted Attack On State Sovereignty, John J. Keohane
Fordham Urban Law Journal
This Article examines the constitutionality of repealing the tax exempt status of interest accrued on bonds issued by states and municipalities. It concludes that repealing this tax exemption is unconstitutional, as it would encroach on state's sovereignty inherently protected by the constitution.
The Constitutionality Of Public School Financing Laws: Judicial And Legislative Interaction, Bruce Gitlin
The Constitutionality Of Public School Financing Laws: Judicial And Legislative Interaction, Bruce Gitlin
Fordham Urban Law Journal
This Note looks at the various ways states fund public education. Then the Note examines the how the U.S. Supreme Court's decision of Board of Education v. Nyquist impacts how states fund public education. Finally, the Note argues that the U.S. Supreme Court should expand, rather than contract, the options available for states to fund public education.
Log-Rolling And Judicial Review, Michael J. Waggoner
Log-Rolling And Judicial Review, Michael J. Waggoner
Publications
No abstract provided.
The Public Trust Doctrine In Public Land Law, Charles F. Wilkinson
The Public Trust Doctrine In Public Land Law, Charles F. Wilkinson
Publications
No abstract provided.