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University of Richmond

1977

Couch v. United States

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Balanced Justice: Mr. Justice Powell And The Constitution, Randolph C. Duvall, John E. Ely, Mark S. Gardner, William C. Goodwin, H. P. Williams Jan 1977

Balanced Justice: Mr. Justice Powell And The Constitution, Randolph C. Duvall, John E. Ely, Mark S. Gardner, William C. Goodwin, H. P. Williams

University of Richmond Law Review

In his first five years on the United States Supreme Court, Justice Lewis F. Powell, Jr. has become and will most likely continue to be a leading force in shaping the direction of the Court. In many areas, Justice Powell's desire for judicial flexibility as well as judicial restraint has made him a leader in turning the Burger Court away from the bright-line tests enunciated by the Warren Court. However, where the Warren Court had been flexible, Justice Powell has usually preserved this flexibility and expanded it if possible. The tool consistently utilized to achieve this flexibility has been a …


The Fifth Amendment And The Production Of Documents: A New Rationale, Lucretia C. Irby Jan 1977

The Fifth Amendment And The Production Of Documents: A New Rationale, Lucretia C. Irby

University of Richmond Law Review

During its last term, the Supreme Court decided two cases involving the production of documents and papers; one involved the use of a search warrant, the other a subpoena duces tecum. Both cases raised the fifth amendment issues. In both instances, the Supreme Court found no violation of the privilege against self-incrimination.