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Full-Text Articles in Law
Draft Card Burning, Robert M. Phillips
Draft Card Burning, Robert M. Phillips
Cleveland State Law Review
It has long been recognized by the courts that not only written and spoken words," but certain acts and conduct will likewise be considered a form of speech protected under the First Amendment. However, it has been difficult for the courts to determine exactly what type of conduct or action is acceptable and thus protected as "symbolic" speech,and those which are objectionable in that they contravene public policy. This exact difficulty arose in two of the present cases. The Miller Court found that it could not determine whether willful burning of a draft card was speech; nevertheless it was punishable. …
Journalistic Media And Fair Trial, William M. Ware, Gerard D. Dimarco
Journalistic Media And Fair Trial, William M. Ware, Gerard D. Dimarco
Cleveland State Law Review
The rights of an accused to a fair trial, and freedom of the press, both are fundamental rights guaranteed by the Federal Constitution. Yet these constitutional guarantees, in collision, present one of the most critical current conflicts in the administration of criminal justice. The problem involves what is presently called "prejudicial news reporting" -news which is prejudicial to the right of the defendant to a fair trial. This paper will try to analyze this conflict, hoping to reach some conclusions which will ultimately aid in the administration of justice without abridging the rights of any parties involved.
Book Review, James B. Boskey
Book Review, James B. Boskey
Cleveland State Law Review
Reviewing Paul A. Freund, On Law and Justice, Harvard Univ. Press, 1968
Police Warning In Drunk Driver Tests, Richard Galex
Police Warning In Drunk Driver Tests, Richard Galex
Cleveland State Law Review
Recently, the Supreme Court specifically declined to consider the applicability of Miranda to motor vehicle cases in general. The various state courts are now being called upon to decide the extent of its application and, in particular, whether the Miranda mandate controls in misdemeanor proceedings. This article examines the present status of Miranda in relation to drinking driver traffic offenses as interpreted by the various courts, and the necessity of extending the rule to these offenses.