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Articles 391 - 415 of 415
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Constitutional Law- Self-Incrimination- Information Obtained Through Mandatory Disclosure Statutes Held Subject To Fifth Amendment Protection
University of Richmond Law Review
The various agencies charged with the responsibility of administering the routine affairs of government have long relied on compulsory self-reporting of information by citizens to support both the regulatory and revenue generating functions of the governmental process. The conflict between such compelled self-disclosures and the individual's right to freedom from forced self-incrimination has been neither completely nor satisfactorily resolved, although several hypotheses have been advanced in an effort to furnish a solution. Since virtually every person must, at some time, file an income tax return, the mandatory disclosure provisions of tax laws present a clear example of the need for …
Constitutional Law-Rights Of An Untenured Teacher To Procedural Due Process
Constitutional Law-Rights Of An Untenured Teacher To Procedural Due Process
University of Richmond Law Review
In the last decade, the federal courts, led by the Supreme Court, have emphasized the equal protection clause of the fourteenth amendment as a basis for an employee's right to procedural due process prior to dismissal from public employment. The Supreme Court has declared that any governmental action to deprive a person of an interest, even a privilege-type interest, is arbitrary and capricious if not applied with universal evenhandedness This holding would seem to entitle almost any teacher summarily dismissed to procedural due process.
Constitutional Law-Utility Shutoffs-A Violation Of Due Process Under Color Of State Law?
Constitutional Law-Utility Shutoffs-A Violation Of Due Process Under Color Of State Law?
University of Richmond Law Review
Past judicial decisions concerning the right of a private utility to terminate-service for nonpayment of bills have consistently favored the utility. Yet victims of shutoffs, whether poor or merely outraged and inconvenienced, continue to attack shutoff actions through the regulatory commissions, legislation, and the courts. Their efforts have met with failure in all forums.
Constitutional Law - Search And Seizure - Magnetometer As Search
Constitutional Law - Search And Seizure - Magnetometer As Search
University of Richmond Law Review
As a result of the great number of airborne hijackings and in an attempt to prevent them, the United States Government has developed a "system for discouraging and apprehending potential hijackers" that includes the use of a metal detecting device known as a magnetometer. The constitutional validity of the use of this device recently has been questioned in regard to the fourth amendment right against unreasonable searches and seizures in the case of Epperson v. United States.
Privilege Against Self-Incrimination- Does A "Use" Immunity Preserve The Rights Of The Witness?
Privilege Against Self-Incrimination- Does A "Use" Immunity Preserve The Rights Of The Witness?
University of Richmond Law Review
The United States Constitution guarantees every person the privilege of refusing to divulge self-incriminating testimony. When the acquisition of such testimony has been deemed necessary by the government, the United States Supreme Court has upheld statutes which require the witness to divulge the testimony, but only when such statutes have granted the witness an immunity which is coextensive with his fifth amendment privilege. There are two concepts as to the adequacy of an immunity which attempts to preserve the constitutional privilege of the witness: 1) a "transactional" immunity which renders the witness free from prosecution in a subsequent criminal proceeding …
Equal Protection- School Financing System Based On Local Property Taxes Held Unconstitutional
Equal Protection- School Financing System Based On Local Property Taxes Held Unconstitutional
University of Richmond Law Review
The fourteenth amendment of the United States Constitution allows unequal protection of the laws, provided such unequal treatment and discrimination bear some rational relationship to a conceivably legitimate state objective. This "rational relationship" test allows the states wide latitude and discretion in enacting legislation. However, where any state statute involves so-called "suspect classifications" or "fundamental interests," the statute will be subjected to a strict scrutiny test, under which the state must establish that there is not only a compelling state interest which justifies the law but also that the distinctions drawn in the statute are necessary to further such interests.
Extension Of The Sixth Amendment Right To Counsel- The Road From Wade To Ash
Extension Of The Sixth Amendment Right To Counsel- The Road From Wade To Ash
University of Richmond Law Review
The sixth amendment of The United States Constitution provides: "[I]n all criminal prosecutions, the accused shall enjoy the right . . . to have Assistance of Counsel for his defence." The constitutional guarantee of right to counsel is no more explicit than this, thus creating the problem of determining at what point in our adversarial criminal system the guarantee attaches.
Search And Seizure- The Inventory Search Of An Automobile
Search And Seizure- The Inventory Search Of An Automobile
University of Richmond Law Review
The fourth amendment to the United States Constitution protects the right of an individual to be free in his person and effects from unreasonable search and seizure. The drafters of the provision had fresh memories of the disregard for their individual liberties and sought to place definite restrictions on the activity of government officials. Their fear of the general warrant prompted them to further provide that any warrant be issued only upon probable cause determined by a magistrate and limited in scope. The interpretation of the mandate of the amendment has been that all searches conducted without a warrant issued …
Constitutional Law-Loyalty Oaths-The United States Supreme Court Relaxes Its Stringent Safeguards
Constitutional Law-Loyalty Oaths-The United States Supreme Court Relaxes Its Stringent Safeguards
University of Richmond Law Review
Loyalty oaths have long been imposed upon citizens of both monarchies and republics as conditions precedent to the granting of certain governmental favors or to the withholding of certain punishments. But whether the oath is taken to gain a benefit or to avoid a criminal sanction, the aftermath of refusing to take a loyalty oath is that the citizen is penalized. This is not to suggest that a loyalty oath is dangerous per se, although some Justices of the United States Supreme Court have taken this view., Certainly a governmental body should not be denied the power to protect itself …
Constitutional Law-Private Discrimination Remains Intact
Constitutional Law-Private Discrimination Remains Intact
University of Richmond Law Review
As a result of the decision of the Supreme Court in the Civil Rights Cases in 1883, the principle has become firmly embedded in our constitutional law that the action inhibited by the first section of the fourteenth amendment is only such action as may fairly be said to be that of the states. "The amendment erects no shield against merely private conduct, however discriminatory or wrongful." Thus private conduct, no matter how discriminatory, in no way violates the equal protection clause of the fourteenth amendment unless the state, to some significant extent, becomes involved in this conduct.
Constitutional Law - Attorney's Loyalty Fitness, W. Wade Berryhill
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.
Can Balance Be Restored In The Constitutional War Powers Of The President And Congress?, William B. Spong Jr.
Can Balance Be Restored In The Constitutional War Powers Of The President And Congress?, William B. Spong Jr.
University of Richmond Law Review
The Cambodian incursion of April, 1970, brought forth renewed observations from constitutional scholars, eminent and amateur, that the war-making power of Congress had been eroded and the checks and balances system for the initiation and conduct of hostilities by American troops, as contemplated by the Founding Fathers, rendered almost inoperative. Debates on the National Commitments Resolution and the Cooper-Church Amendments, as well as events following adoption of these measures, appear to sustain such conclusions. How has this happened? What, if anything, can be done to restore some balance in this crucial area of public policy? Should there be an effort …
Cruel And Unusual Punishment-Constitutionality Of The Death Penalty For Rape Where Victim's Life Neither Taken Nor Endangered
University of Richmond Law Review
Throughout history societies have attempted to influence behavior and maintain order through the use of sanctions imposed by custom, tradition and law. Various methods and degrees of punishment have been exacted for anti-social behavior; each individual society fixing its own value upon the interest to be protected and its interest in punishing the offender. Some civilizations have utilized torture, maiming and, not infrequently, cruel and painful deaths as punishment for crimes.
In Aid Of Public Education: An Analysis Of The Education Article Of The Virginia Constitution Of 1971, Hullihen W. Moore
In Aid Of Public Education: An Analysis Of The Education Article Of The Virginia Constitution Of 1971, Hullihen W. Moore
University of Richmond Law Review
Thomas Jefferson recognized the need for promoting adequate public education in Virginia's constitution in the late eighteenth century. Since 1867 education has been a significant part of Virginia's fundamental law, and, as such, the constitutional provisions relating to education have required much time and thought throughout their development. It is the purpose of this article not only to analyze the Education Article of the Virginia Constitution of 1971, but also to ascertain if these provisions provide the needed impetus for quality public education in Virginia.
Due Process And The Harsher Penalty After Appeal-An Unwarranted Extension Of Pearce
Due Process And The Harsher Penalty After Appeal-An Unwarranted Extension Of Pearce
University of Richmond Law Review
At common law there was no "right" to an appeal. Such a "right" could only be established by legislative enactment. The statutes creating a right to an appeal brought with them the problems of determining the constitutional protections that must be afforded this right. Much controversy has centered around one such problem, that of the constitutionality of imposing a more stringent sentence on a defendant after he has successfully appealed and attained a new trial.
The Clear And Present Danger Standard: Its Present Viability
The Clear And Present Danger Standard: Its Present Viability
University of Richmond Law Review
The first amendment to the Constitution of the United States provides that "Congress shall make no law ...abridging the freedom of speech or of the press, or the right of the people peaceably to assemble..." While the terms of the first amendment appear to be all embracing, its application has never been absolute. Its guarantees have always been subject to regulation by the state wherever they endangered the safety or welfare of the public. The fundamental issue involved in all first amendment problems involving free expression is the determination of the point at which the rights of the individual stop …
The Emerging Constitutional Privilege To Conceal Confidential News Sources
The Emerging Constitutional Privilege To Conceal Confidential News Sources
University of Richmond Law Review
In furtherance of the national interest in an informed populace, the American press has evolved into a sophisticated and complex system of news reporting that is universal in scope. Although methods of accumulating and disseminating data have changed with technological advancement, the people have continued to be the primary source of news reports. Communications from source to media frequently are conducted in confidence, with the anonymity of the informant being a condition precedent to disclosure of the information. Legal problems develop when the newsman is called upon to reveal the identity of his confidential source in a judicial or legislative …
One Man-One Vote In The Selection Of Presidential Nominating Delegates By State Party Conventions
One Man-One Vote In The Selection Of Presidential Nominating Delegates By State Party Conventions
University of Richmond Law Review
If any conclusion can safely be drawn from the presidential nominating conventions of 1968, it is that the success of potential third party movements looms as a substantial threat to the traditional two party system in the United States. To a large degree, this fact may be attributed to the lack of balanced voter participation inherent in the nominating processes now employed by the two major parties. This lack of participation has engendered a sense of futility in the minds of the individual party members, causing them to limit their support for the slate of candidates their party ultimately chooses.
Recent Decisions
University of Richmond Law Review
This is a summary of the case law that was decided in 1970.
Right To Court-Appointed Counsel For Misdemeanants In Virginia
Right To Court-Appointed Counsel For Misdemeanants In Virginia
University of Richmond Law Review
The Virginia Constitution makes no specific guarantee of the right to counsel for those charged with a crime as is provided in the federal Constitution, but the Supreme Court of Appeals has declared this to be a fundamental right within the Virginia Bill of Rights. Such right is intended to apply to all persons regardless of their financial status, so if a person charged with a felony proceeds in forma pauperis, it is the duty of the court to appoint counsel to defend him. The right to court-appointed counsel has been extended to persons being questioned concerning a felony, to …
Books Received
University of Richmond Law Review
These are the books received by the Law School in 1970.
Prospectivity And Retroactivity Of Supreme Court Constitutional Interpretations
Prospectivity And Retroactivity Of Supreme Court Constitutional Interpretations
University of Richmond Law Review
The freedom of a court, state or federal, to define the limits of ad- herence to precedent has been sanctioned by the Supreme Court in both civil' and criminal cases. Accordingly, any decision can be made to apply to future cases or relate back to all past cases. In no other area of the law is such a decision more important than in the field of criminal procedure where the freedom of a convicted man can rest upon a decision to apply a new "rule" retroactively or prospectively. It is not surprising, therefore, that the majority of retroactivity cases involve …
The Background Of The Fourth Amendment To The Constitution Of The United States, Part Two, Joseph J. Stengel
The Background Of The Fourth Amendment To The Constitution Of The United States, Part Two, Joseph J. Stengel
University of Richmond Law Review
Upon the conclusion of the Constitutional Convention in 1787 and after the proposed Constitution was submitted by Congress to the states for ratification, there arose a clamor concerning the absence of a bill or declaration of rights therein. Scholars have disagreed as to the basis for this controversy. Story says that the demand was "a matter of very exaggerated declamation and party zeal, for the mere purpose of defeating the Constitution." Cooley concludes that leading statesmen made the want of a bill of rights in the Constitution the ground of a "decided, earnest, and formidable opposition to the confirmation of …
The Background Of The Fourth Amendment To The Constitution Of The United States, Joseph J. Stengel
The Background Of The Fourth Amendment To The Constitution Of The United States, Joseph J. Stengel
University of Richmond Law Review
It is generally agreed that the antecedent history of the Fourth Amendment to the Constitution of the United States is concerned primarily with those events that took place in England and the AmericanColonies in the thirty years immediately preceding the adoption of the Amendment. However, it also seems clear that it was the executive abuse of search and seizure in England throughout the centuries that led to those events. The search for the reason "why" of the Fourth Amendment should then logically begin with the earliest recorded events, statutes and cases involving search and seizure in English history and be …
Sodomy And The Married Man
University of Richmond Law Review
Although the Constitution does not provide for a specific right of privacy, the existence of such a right is beyond dispute. The extent of the right is, however, difficult to determine when one considers the point beyond which the right of privacy will prohibit intrusion by either state or federal authorities into an individual's affairs. Only by balancing the individual's need for privacy with the state's interest in regulating private conduct, can a delineation be made.