Law Commons^™

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.

Sarno V. Illinois Crime Investigating Commission, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Zicarelli V. New Jersey State Commission Of Investigation, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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

Supreme Court Case Files

No abstract provided.

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

Supreme Court Case Files

No abstract provided.

In Matter Of Pappas, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Branzburg V. Hayes, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Branch V. Texas, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Jackson V. Georgia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Moore V. Illinois, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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

Supreme Court Case Files

No abstract provided.

Weber V. Aetna Casualty & Surety Co., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. United States District Court For The Eastern District Of Michigan, Southern Division, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Furman V. Georgia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Jefferson V. Hackney, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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

Supreme Court Case Files

No abstract provided.

Shadwick V. Tampa, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Apodoca V. Oregon, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

United States. V. Allegheny-Ludlum Steel Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Midwest Video Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Kois V. Wisconsin, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Laird V. Tatum, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Federalizing Through The Franchise: The Supreme Court And Local Government, R. Perry Sentell Jr.

Scholarly Works

Decisionmaking at the local government level has been significantly affected by both national legislation and federal court decisions seeking to protect the right to vote. Indeed, Professor Sentell feels that the Supreme Court, through decisions invalidating restrictions on the franchise, has involved itself to an unparalleled degree in heretofore purely local affairs. In examining these decisions, the author queries if legitimate voting regulations may be now imposed by local governments. In so doing he focuses upon the Court's equal protection analysis of extraordinary majority vote requirements and elections restricted to certain segments of the electorate and upon the expansive judicial …

Hawkins V. Town Of Shaw: The Court As City Manager, C. Ronald Ellington, Lawrence F. Jones

Scholarly Works

For over one hundred years Congress and the federal courts have pursued the goal of racial equality in the United States. In areas such as voting rights, public accommodations, and housing, Congress and the courts have interacted closely, with broad judicial interpretations upholding major remedial legislation. Moreover, when confronted by official state sources of racial discrimination, courts have traditionally responded to the clear command of the equal protection clause of the fourteenth amendment without awaiting congressional action. Brown v. Board of Education stands as perhaps the best known instance in which a court has, on its own, ordered the elimination …

State Constitutions For The 20th Century, William F. Swindler

Faculty Publications

No abstract provided.

The Supreme Court Of Canada And The Doctrines Of Mens Rea, Paul C. Weiler

Articles & Book Chapters

My objective in this study is two-fold. First, I want to examine the decision-making operations of the Supreme Court in the period 1949-1969 by analyzing the reasons and votes in a sequence of related cases. Second, I want to present a critical review of the doctrinal pattern which has emerged in Canadian law in the field in which I have chosen to assess the work of the court. The family of legal problems which I have singled out involve the various excuses to criminal conviction for prohibited conduct -defences which flow from the lack of mens rea, responsibility, or blameworthiness. …

The Principle Of Nondivisiveness And The Constitutionality Of Public Aid To Parochial Schools, C. Ronald Ellington

Scholarly Works

The establishment clause issues in the three cases now before the Supreme Court [Tilton v. Richardson, Lemon v. Kurtzman, DiCenso v. Robinison] will be explored in this article in the light of a postulate and three derivative maxims which, it is suggested, are implicit in the Court's earlier religion clause cases, particularly Walz v. Tax Commission. It is the author's view that the establishment clause intends that government no be a divisive force in matters of religion and that analysis grounded in such a premise provides the surest delineation of the interests at stake in …

Municipal Annexation In Georgia: Nay-Sayers Beward (Plantation Pipe Line Co. V. City Of Bremen), R. Perry Sentell Jr.

Scholarly Works

In the Fall 1967 issue of the Georgia Law Review, there appeared a somewhat ambitious effort to survey the law of municipal annexation in Georgia. That rather stuffy treatment at least served to demonstrate the existence of a history on the subject dating from the beginning of time in this State. It also purported to make one or two daring thrusts at formulating principles then apparently settled and at identifying legal points around which further evolution might be anticipated.

Some apparently believed that these thrusts were more negative than daring and that they reflected an approach which was basically …

Warrantless Searches And Seizures, Mack Allen Player

Scholarly Works

The fourth amendment to the Constitution has two basic clauses. The first, the reasonableness clause, protects the people against unreasonable searches and seizures. The second, the warrant clause, sets forth conditions under which a warrant may issue. Searches and seizures made pursuant to a warrant are, quite obviously, governed by the commands of the warrant clause. However, the effect of the warrant clause upon searches and seizures made without warrants is not clear from the amendment itself, and the Supreme Court has failed to develop a consistent interpretation of the proper role of that clause.

The Secret Foreign Bank Account And Legitimate Alternatives, Charles W. Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

The author, a member of the California State Bar and consultant, Euro-Dutch Trust Company, George Town, Grand Cayman, B. W. I., labels the use of the secret foreign bank account "foolish and lazy." He suggests that the taxpayer can reduce his tax bite through tax deferral planning, an area in which legislation has been continued and expanded.