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Articles 1 - 12 of 12
Full-Text Articles in Law
Constitutional Law-Durational Residency Requirement For Divorce Held Not To Violate Fourteenth Amendment
University of Richmond Law Review
One of the legacies of the Warren era was the development of a strict standard of judicial review in certain cases brought under the equal protection clause of the fourteenth amendment. Once the Court determined that a fundamental interest had been infringed or denied, the new equal protection analysis required that the challenged statute pass a "compelling interest" test, or be found in violation of the fourteenth amendment. Various interests have been recognized as fundamental and afforded special protection by the Court.
Constitutional Law-Civil Rights-Standard For Relief In Racial Discrimination Cases Requires A Showing Of Discriminatory Intent, T. Keith Fogg
Constitutional Law-Civil Rights-Standard For Relief In Racial Discrimination Cases Requires A Showing Of Discriminatory Intent, T. Keith Fogg
University of Richmond Law Review
When Congress passed Title VII of the Civil Rights Act of 1964, it did not extend the coverage of the Act to public employers. Consequently, the Griggs v. Duke Power Co. decision in 1971 created the anomalous situation that private employers were held to a tougher standard of scrutiny with respect to racial considerations in their hiring procedures under Title VII than were public employers under the Constitution. This curious development in the relationship between public employment and Title VII caused many courts to alter their standards for equal protection violations in the early 1970's. In the realm of public …
Constitutional Law- Confinement Of Nondangerous Mentally Ill Capable Of Surviving Safely In Freedom Held To Violate Patient's Right To "Liberty"
University of Richmond Law Review
The states have traditionally exercised broad power to commit the mentally ill. Civil commitment of such persons has generally been justified under two premises. First is the concept of parenspatriaewhich justifies the involuntary commitment of the mentally ill for their care and treatment or protection from harm. Second is the state's police power under which it may safeguard the public health, safety, welfare and morals. The substantive and procedural limitations upon this power may vary drastically from state to state. Despite the activity of the states in this area, no constitutional mandate exists requiring a state to provide for the …
Constitutional Law-First Amendment-Newspaper Advertisement Of Abortion Referral Service Entitled To First Amendment Protection
University of Richmond Law Review
Controversies involving the first amendment rights of freedom of press and speech are not confined to reporters vowing to protect the identities of their sources against government prosecutors or committees attempting to identify them. An area of conflict of equal import is the degree of protection, if any, afforded commercial speech by the Constitution. In 1942, the Supreme Court in Valentine v. Chrestensen enunciated the commercial speech doctrine which has been used, despite subsequent criticism and attempts to limit the holding, to remove commercial adver- tisement from the ambit of constitutional protection.
Constitutional Law- Civil Rights- Representative Party Need Only Show Sufficient Nexus With Class For Title Vii Class Action To Continue
University of Richmond Law Review
For many years the brunt of racial discrimination was sorely felt in the area of employment. Today, however, an employee or job applicant who desires to redress an alleged racially discriminatory employment practice has two statutory remedies: 42 U.S.C. § 1981, and Title VII of the Civil Rights Act of 1964. Under section 1981, all citizens "have the same right .. . to make and enforce contracts," which necessarily includes the right to contract for employment. It has been established that an action under this section may be brought alleging racial discrimination in employment without demonstrating state action. Title VII …
Subdivision Exactions: Virginia Constitutional Restrictions, Benjamin J. Trichelo
Subdivision Exactions: Virginia Constitutional Restrictions, Benjamin J. Trichelo
University of Richmond Law Review
New directions in zoning law have recently been established by the Supreme Court of Virginia. The court has declared unconstitutional an ordinance imposing a temporary building moratorium, another establishing minimum building lot sizes, and one compelling individual developers to first dedicate property in fee to the local government, and to then construct and maintain designated public facilities upon the dedicated land.
Constitutional Law- Civil Rights- Private Schools Prohibited From Excluding Qualified Children Solely Because They Are Black, Craig S. Cooley
Constitutional Law- Civil Rights- Private Schools Prohibited From Excluding Qualified Children Solely Because They Are Black, Craig S. Cooley
University of Richmond Law Review
All major school desegregation decisions through 1975 involved "public" schools, and were based on provisions of the fourteenth amendment. This constitutional remedy, however, requires the presence of "state action" before being triggered. Commencing with the Supreme Court's earliest public school desegregation decisions, and accelerating with the finding of affirmative duties of southern school districts to desegregate, private educational institutions following racially exclusionary admittance policies were founded. Such private discrimination generally has been considered to be beyond the scope of the fourteenth amendment. Moreover, parents that patronize such institutions have sought support in Supreme Court cases which confer constitutional protection upon …
Capital Punishment: Constitutional Parameters For The Ultimate Penalty, James F. Stutts
Capital Punishment: Constitutional Parameters For The Ultimate Penalty, James F. Stutts
University of Richmond Law Review
Four years after Furmanv. Georgia, the Supreme Court has resolved the major question left unanswered by that decision - does capital punishment per se constitute cruel and unusual punishment in violation of the eighth amendment? The Court also announced the statutory standards which satisfy Furman's requirement that the death penalty not be imposed arbitrarily or capriciously. By a 7-2 vote, the Court held that the imposition of the death penalty for murder did not per se constitute cruel and unusual punishment. By the same vote, the Court upheld the capital sentencing statutes of Georgia, Florida and Texas, noting that arbitrary …
Constitutional Law-Criminal Defendant Guaranteed Right To Self-Representation In State Or Federal Courts
University of Richmond Law Review
Sixteenth and early seventeenth century England did not recognize the right to counsel in criminal cases. In fact, ultimate recognition of this right in 1695 was considered a special privilege bestowed at the discretion of the Crown, rather than a logical development of the common law. Under modern English law, the defendant has an absolute right to counsel, but he must also be allowed to conduct his own case as to matters of fact, leaving issues of law to counsel. It remains unclear, however, whether this concept of self-representation was a right at common law or a corollary of the …
Commentaries On The Constitution Of Virginia- By A.E. Dick Howard, William B. Spong Jr.
Commentaries On The Constitution Of Virginia- By A.E. Dick Howard, William B. Spong Jr.
University of Richmond Law Review
Virginians are aware of the significant contributions made by their forebears to the drafting of the Federal Constitution. They are less mindful of the early history and development of the Virginia constitution. Yet, more than a decade prior to final adoption of our federal charter, a Virginia convention, meeting in Williamsburg in May of 1776, authorized preparation of a Declaration of Rights for Virginia concurrently with enactment of a resolution of independence from Great Britain. This document of self- government, drafted primarily by George Mason and rooted in Magna Carta and the Virginia Charter of 1606, was Virginia's constitution for …
The Suspect And The Grand Jury: A Need For Constitutional Protection, Marshall F. Newman
The Suspect And The Grand Jury: A Need For Constitutional Protection, Marshall F. Newman
University of Richmond Law Review
In United States v. Mandujano,I the Supreme Court, while ostensibly reaffirming the proposition that the fifth amendment does not insulate a person charged with perjury from the prosecution's introduction of his false statements, has sanctioned the use of the grand jury as a subterfuge for circumventing the constitutional proscription against compulsory self-incrimination.
Problems In Defining The Institutional Status Of The Press, Andrew A. Jaxa-Debicki
Problems In Defining The Institutional Status Of The Press, Andrew A. Jaxa-Debicki
University of Richmond Law Review
This comment will deal with the concept of freedom of the press within the context of recent Supreme Court rulings which have directly or indirectly involved definitions of the role of the organized press in the governmental framework established by the Constitution. Specifically, the focus will be in the areas of the law dealing with defamation, testimonial privilege and the fair trial-free press controversy. The purpose will be to discern whether the Supreme Court is developing a concept of freedom of the press which is distinguishable from the general guarantee of freedom of speech and which derives its rationale from …