Law Commons^™

Recent Cases, Law Review Staff

Vanderbilt Law Review

Civil Rights--Personal Injury--Intent to Injure Is Not a Prerequisite to Recovery for Police Abuse Under Section 1983

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Constitutional Law--Abortion--Statute Prohibiting Abortion of Unquickened Fetus Violates Mother's Constitutional Right of Privacy

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Constitutional Law--Obscenity--State Statute Allowing Injunction Against Dissemination of Allegedly Obscene Material Prior to Adversary Hearing Not Violative of First Amendment

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Constitutional Law--Right of Privacy--State Statute Requiring Disclosure of All Substantial Financial Interests of Public Officials is Overbroad and an Unconstitutional Invasion of Privacy

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Constitutional Law--Sixth Amendment--Admission of Prior Inconsistent Statements as Substantive Evidence Does Not Violate Right of Confrontation

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Criminal Procedure--Search and Seizure--Warrantless Search of …

The Right To One's Own Likeness In French Law, Wencelas J. Wagner

Indiana Law Journal

No abstract provided.

Constitutional Law - Jury Trial In A Derivative Action. Ross V. Bernhard, 90 S. Ct. 733 (1970), J. W. Montgomery Iii

William & Mary Law Review

No abstract provided.

Criminal Law—Due Process And The Right To Trial By Jury In State Criminal Procedure, Paul A. Battaglia

Buffalo Law Review

Baldwin v. New York, 399 U.S. 66 (1970).

Constitutional Law - Speedy Trial. Brooks V. Peyton, 210 Va. 318, 171 S.E.2d 243 (1969), Frank F. Arness

William & Mary Law Review

No abstract provided.

Constitutional Law--Judicial Review Of Congressional Membership Exclusion, Diana Everett

West Virginia Law Review

No abstract provided.

Constitutional Law--Armed Forces--Living In Two Worlds, William Robert Wooton

West Virginia Law Review

No abstract provided.

Judicial Review--Professional Association--Inquiry Into Exclusion From Membership, Charles Blaine Myers Jr.

West Virginia Law Review

No abstract provided.

Statutes--Vagueness Of Phrase "Contributing To Delinquency Of A Minor", Steven C. Hanley

West Virginia Law Review

No abstract provided.

Right To Jury Trial: Indiana's Misapplication Of Due Process Standards In Delinquency Hearings, Robert Gullick

Indiana Law Journal

No abstract provided.

The United States Supreme Court: A Creative Check Of Institutional Misdirection?, Fletcher N. Baldwin

Indiana Law Journal

In the Comment which follows Professor Baldwin presents a brief for an extremely creative Supreme Court. In contrast to those who suggest limiting the function of the Court, either by subject matter or by judicial restraint, the author would have it protect the compact upon which the community is based, by taking an active role to insure that the compensation implied in the compact flows in fact not only to the community but to the individual.

The War In Southeast Asia: A Legal Position Paper, Gordon G. Young

Faculty Scholarship

No abstract provided.

Constitutional Law - Ciminal Statutory Inferences In Federal Narcotic Laws. Turner V. United States, 90 S. Ct. 642 (1970), Robert Charles Koch

William & Mary Law Review

No abstract provided.

Why A State Bill Of Rights?, Vern Countryman

Washington Law Review

Historical perspective reveals that the recent activism of the federal courts in the area of political and civil rights was largely necessitated by the unwillingness of state courts to recast those rights in molds adapted to our changing society. Federal supplementation of the states' inaction in this field has now regrettably caused many state courts to assume a posture of even more begrudging conservatism in the interpretation and implementation of our political and civil tights. In this background, Professor Countryman advocates state legislative initiative to formulate new and broad general principles for protecting our fundamental rights, He identifies three major …

The Role Of A Bill Of Rights In A Modern State Constitution: Introduction, John M. Steel

Washington Law Review

No abstract provided.

The Supreme Court And Fundamental Rights--A Problem Of Judicial Method, James H. Wildman

Vanderbilt Law Review

Since the Constitution is a plan of written but flexible basic rights, interpreted and applied by a judiciary with few limitations upon its powers, it is necessary to avoid conferring carte blanche discretion upon the Court. This Note adopts the premises that we may be arriving at an era when "liberty" will demand constitutional protection of human interests other than those explicitly embodied within the text of the Bill of Rights; that judicial identification of those interests is often the most effective method for granting this protection; and that the function of constitutional due process is to preserve the relevancy …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Accountants--Auditors--Compliance with General Accounting Principles Not a Complete Defense To Criminal Fraud

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Administrative Law--Standing to Challenge Administrative Actions--Anyone Arguably Protected by Statute May Sue

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Constitutional Law--Abortion--Standard Excepting Abortions Done as "Necessary for the Preservation of the Mother's Life or Health" Held Unconstitutionally Vague

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Constitutional Law--Civil Rights--Discrimination by a Third Party in Connection with the Rental of Property Entitles the Injured Party to a Private Right of Damages Under Section 1982

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Constitutional Law--Double Jeopardy--Benton v. Maryland Applies Retroactively to State Criminal Convictions

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Copyright--Unfair Competition--Unauthorized Reproduction of Another's Recording for Resale Violates State Unfair Competition Doctrine

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Convening A Constitutional Convention In Washington Through The Use Of The Popular Initative, John W. Hempelmann

Washington Law Review

Using Washington as a model for discussion this comment explores the doctrines which have limited the application of the flexible principles of popular sovereignty to the problems presented in the calling of a Constitutional Convention. The author concludes: that the people of the state of Washington can call such a convention by the use of the popular initiative; that earlier notions that changes in state governmental structure could only be accomplished by strict conformity to the procedures in the existing constitution have been supplanted by the resurgence of the doctrines of popular sovereignty; and that the broad theoretical underpinnings for …

New Horizons For A State Bill Of Rights, Arval A. Morris

Washington Law Review

Professor Morris, examines the current scope of the Washington State Constitution, originally designed for a frontier people in a railroad economy, and deficient in a number of elements critical to the Washington society of today and 100 years hence. With particular emphasis on what new rights must be set forth in textual guarantees, the author examines the problems and implications of a menagerie of changed circumstances and contemporary social ills, including racial integration, invasions of privacy by public and private modes of surveillance, the deterioration of the life and structures of our cities, the threat of administrative abuses in the …

What Is "Right" About America, Lewis F. Powell Jr.

Powell Speeches

Powell gave this speech at the Leadership Banquet of the Key Club of Thomas Jefferson High School, Richmond, Virginia.

Judicial Discretion And The Freedom Of Information Act: Disclosure Denied: Consumers Union V. Veterans Administration, Judith A. Mitnick

Indiana Law Journal

No abstract provided.

Constitutional Law—Voting Rights—State English Literacy Requirements Upheld.—Mexican-American Federation-Washington State V. Naff, 299 F.Supp. 587 (E.D. Wash. 1969), Anon

Washington Law Review

The four individual plaintiffs, who were participating in a voter registration project initiated by the plaintiff Federation, appeared on separate occasions in the offices of the deputy voting registrars for the towns of Zillah and Toppenish, Washington, intending to register to vote. Each time, the applicants were accompanied by an interpreter associated with the Federation, who informed the registration officers that the applicants wished to register to vote and that he would act as Spanish-English interpreter. But the registration officers insisted that the applicants present their requests in person and in English, and refused to register them when it became …

Equal Protection Against Unnecessary Police Violence And The Original Understanding Of The Fourteenth Amendment: A Comment, Alfred Avins

Buffalo Law Review

No abstract provided.

Criminal Law—Stop And Frisk—Terry V. Ohio Rationale Applied To Stop And Frisk In New York, Abraham Abramovsky

Buffalo Law Review

People v. Arthurs, 24 N.Y.2d 688, 249 N.E.2d 462, 301 N.Y.S.2d 614 (1969).

Attachment And Garnishment--Constitutional Law--Due Process Of Law--Garnishment Of Wages Prior To Judgment Is A Denial Of Due Process: The Sniadach Case And Its Implications For Related Areas Of The Law, Michigan Law Review

Michigan Law Review

The question of the constitutionality of prejudgment wage garnishment had never before reached the Supreme Court, although in McKay v. Mclnnes, a 1929 memorandum decision, the Court had upheld a statute providing for prejudgment attachment. McKay, which was cited as controlling by the Wisconsin court in its disposition of the constitutional argument in Sniadach, involved an attachment of realty and stock to satisfy a debt. Justice Douglas, writing for the Court in Sniadach, distinguished that case from one involving wage garnishment with the statement that "[a] procedural rule that may satisfy due process for attachments in general ... …

The Exceptions And Regulations Clause Of Article Iii And A Person's Constitutional Rights: Can The Latter Be Limited By Congressional Power Under The Former, Morris D. Forkosch

West Virginia Law Review

No abstract provided.