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Full-Text Articles in Law

Constitutional Law- Mandatory Maternity Leave For Public School Teachers Does Not Violate Equal Protection Clause Jan 1974

Constitutional Law- Mandatory Maternity Leave For Public School Teachers Does Not Violate Equal Protection Clause

University of Richmond Law Review

The fourteenth amendment permits states to enact laws affecting some groups or citizens differently from others unless the group or citizen classification is for reasons wholly irrelevant to the objective sought by the state in enacting the regulation. In the context of sex discrimination, the United States Supreme Court only recently found a classification based on sex to be in violation of the equal protection clause. The Court's decision represents the beginning of a judicial assault on sex discrimination, conforming to modern social trends in this area.


Constitutional Law- Obscenity Redefined Jan 1974

Constitutional Law- Obscenity Redefined

University of Richmond Law Review

When Sir Charles Sidlye exhibited himself nude on a balcony in 1663, he undoubtedly did not know his eccentric conduct would foreshadow what has become one of the most troublesome areas of constitutional law. The failure of the Supreme Court to provide clear constitutional guidelines for anti-obscenity legislation has occasioned confusion among state and federal authorities, has precipitated a flood of litigation burdening the Court with the task of reviewing a mass of sexually explicit materials to determine what is and is not obscene, and has engendered widespread criticism of the Court's policy in this area of law.


Busing To Desegregate Schools: The Perspective From Congress, Hugh Scott Jan 1974

Busing To Desegregate Schools: The Perspective From Congress, Hugh Scott

University of Richmond Law Review

The controversy over transporting pupils to desegregate schools or "busing" as the issue popularly is known, is the narrowest and perhaps most limited aspect of school desegregation. Yet, it threatens to undo school desegregation completely unless the issue is re- solved in a way which will permit continued desegregation of schools accompanied by the understanding and support of the majority of people of all races.


Constitutional Law- Rebuttable Statutory Presumption Of Student Non-Residency Held Violative Of Due Process Clause Of Fourteenth Amendment Jan 1974

Constitutional Law- Rebuttable Statutory Presumption Of Student Non-Residency Held Violative Of Due Process Clause Of Fourteenth Amendment

University of Richmond Law Review

In the past the durational residence requirement has been subject to constitutional challenge under the equal protection clause of the fourteenth amendment. When coupled with an irrebuttable statutory presumption of non-residency as in Vlandis v. Kline, the durational residence requirement displays a further fourteenth amendment vulnerability-the contravention of procedural due process.


Constitutional Law- Prejudgment Self-Help Repossession Of Secured Property Held Not To Violate Due Process Jan 1974

Constitutional Law- Prejudgment Self-Help Repossession Of Secured Property Held Not To Violate Due Process

University of Richmond Law Review

The fourteenth amendment to the United States Constitution guarantees that no state shall deprive any person of property without due process of law. Whenever a state is directly involved in the prejudgment repossession of secured property, the debtor's due process rights are clearly violated. But creditors have awaited judicial determinations defining state involvement. The states Uniform Commercial Code statutes allow private repossessions of secured property without giving the defaulting debtor prior notice or the opportunity for a hearing. There is disagreement over whether such explicit authorization by state statutes constitutes sufficient state involvement to be in violation of the fourteenth …


Constitutional Law- Freedom Of The Press- Virginia Recognizes A Newsman's Qualified First Amendment Privilege Of Confidentiality Of Information And Identity Of Source Jan 1974

Constitutional Law- Freedom Of The Press- Virginia Recognizes A Newsman's Qualified First Amendment Privilege Of Confidentiality Of Information And Identity Of Source

University of Richmond Law Review

The first amendment to the United States Constitution guarantees our basic freedoms of speech and press. In recent years newsmen have been subpoenaed with increasing frequency to testify before grand juries, legislative committees, administrative hearings and in criminal and civil cases. When subpoenaed they have argued that the first amendment is a shield which protects them from compelled disclosure of confidential information and identity of source


Constitutional Law- Hatch Act- Time For Reevaluation? Jan 1974

Constitutional Law- Hatch Act- Time For Reevaluation?

University of Richmond Law Review

The initial attempt at restricting the political activities of federal em- ployees appears to have been the establishment of the U. S. Civil Service Commission. When the Commission failed as a strong enough deterrent to political activity, an amendment of § 1 of Civil Service Rule I was approved to tighten the reigns on members of the competitive classified service. Finally, in the wake of the political campaigns of 1936 and 1938, the Hatch Political Activity Act was introduced as a prohibition against participation by federal government employees in political management or campaigning.


Constitutional Revision: Virginia And The Nation, A.E. Dick Howard Jan 1974

Constitutional Revision: Virginia And The Nation, A.E. Dick Howard

University of Richmond Law Review

For about a quarter of a century-from the 1920's into the 1940's-no American state adopted a new constitution. By midcentury, however, interest in revising these fundamental laws had burgeoned. So widespread was the movement for constitutional revision that by 1970 a leading student of the subject commented that there was at that time "more official effort directed toward revising and rewriting state constitutions than at any time in the nation's history with the possible exception of the Civil War and Reconstruction era."


New Looks At An Ancient Writ: Habeas Corpus Reexamined, Andrew P. Miller, Robert E. Shepherd Jr. Jan 1974

New Looks At An Ancient Writ: Habeas Corpus Reexamined, Andrew P. Miller, Robert E. Shepherd Jr.

University of Richmond Law Review

The traditional characterization of the writ of habeas corpus as an original ... civil remedy for the enforcement of the right to personal liberty, rather than as a stage of the state criminal proceedings or as an appeal therefrom . . . cannot be permitted to defeat the manifest federal policy that federal constitutional rights of personal liberty shall not be denied without the fullest opportunity for plenary federal judicial review.


Constitutional Law- Freedom Of Speech- Withdrawal Of Funds From College Newspaper Advocating Segregationist Policy Deemed Violative Of First And Fourteenth Amendment Jan 1974

Constitutional Law- Freedom Of Speech- Withdrawal Of Funds From College Newspaper Advocating Segregationist Policy Deemed Violative Of First And Fourteenth Amendment

University of Richmond Law Review

Modern courts have consistently held that the rights of free speech and press provided for in the first amendment are fundamental rights protected by the due process clause of the fourteenth amendment from abridgment by the states. Student expression has been the target of much recent litigation and has prompted increased Supreme Court concern over constitutional aspects of public school administration. The central controversy has developed into a question of how much freedom should be given to a generation that delights in exploring the "limits of institutional response." One of the most piercing probes has been the campus newspaper which …


Constitutional Law- Commercial Speech Doctrine: Ordinance Prohibiting Newspaper From Printing Sex-Designated Employment Advertising Held Constitutional Jan 1974

Constitutional Law- Commercial Speech Doctrine: Ordinance Prohibiting Newspaper From Printing Sex-Designated Employment Advertising Held Constitutional

University of Richmond Law Review

Newspapers generally provide sex-designated sections for help wanted advertisements, and only in recent years has the law focused its attention upon the practice. Federal law prohibits the use of these designated sections where sex is not a bona fide occupational qualification. While the courts have upheld the civil prosecution of employers under this law, they have found newspapers to be specifically exempt from its application, a conclusion supported by legislative history.


The General Assembly And Local Government: Legislating A Constitution 1969-1970, Jack Spain Jr. Jan 1974

The General Assembly And Local Government: Legislating A Constitution 1969-1970, Jack Spain Jr.

University of Richmond Law Review

Counties, cities, towns, sanitary districts and authorities-these are the building blocks of the Commonwealth of Virginia. The operations of these units directly affect the day-to-day activities of every Virginian. The Virginia Constitutional Revision Commission (the Commission), in proposing its recommended changes to the Virginia Constitution of 1902, therefore, considered the area of local government most carefully. Its recommendations contained in Article VII of the proposed Revised Constitution of 1971, set forth in the Commission's Report. When the proposed Constitution was considered by the General Assembly in the special session of 1969 before its final adoption by the General Assembly and …