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Articles 1 - 30 of 102
Full-Text Articles in Law
Positing A Right Of Access: Evaluations And Subsequent Developments, Tom A. Collins
Positing A Right Of Access: Evaluations And Subsequent Developments, Tom A. Collins
William & Mary Law Review
No abstract provided.
Ohio Clarifies Position On Judicial Impartiality., Virginia M. Jordan
Ohio Clarifies Position On Judicial Impartiality., Virginia M. Jordan
St. Mary's Law Journal
Abstract Forthcoming.
The National Court Of Appeals: A Constitutional "Inferior Court"?, Michigan Law Review
The National Court Of Appeals: A Constitutional "Inferior Court"?, Michigan Law Review
Michigan Law Review
Objections have been raised to the necessity for and the practicality of such a court. These objections are, however, tangential to the subject of this Note and are fully discussed elsewhere. An additional question has been raised regarding the constitutionality of the proposed court. Article III, section 1, of the Constitution provides: "The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." Several commentators have challenged the proposed court as violative of the provision for "one supreme Court." There is, …
A Corporation May Not Contribute Funds To Affect The Outcome Of A Referendum., Larry D. Brockman
A Corporation May Not Contribute Funds To Affect The Outcome Of A Referendum., Larry D. Brockman
St. Mary's Law Journal
Abstract Forthcoming.
Three Reviews Of R. M. Burns (Ed.), One Country Or Two?, L. C. Green
Three Reviews Of R. M. Burns (Ed.), One Country Or Two?, L. C. Green
Dalhousie Law Journal
One Country or Two is an excellent book on the most critical subject faced by Canadians. It discusses Canada's nationhood and the issues of its survival as a political marriage of two peoples and two cultures. Ten main essays are edited by R. M. Burns, introduced by Principal John Deutsch, and provided with a reflective postscript by one of the essayists, Richard Simeon, who reviews some features of Quebec society in the light of the October crisis of 1970. All contributors are English-speaking Canadians and all except three are on the faculty of Queen's University. The essays are not uniform …
In Quest Of A "Decent Society": Obscenity And The Burger Court, Donald C. Harrison
In Quest Of A "Decent Society": Obscenity And The Burger Court, Donald C. Harrison
Washington Law Review
It is the thesis of this Comment that the Burger Court, in its search for constitutional certainty and structure, and for neutral principles of constitutional adjudication, has seized upon the Meiklejohn model and applied it to the area of obscenity. It has done so gropingly and in an effort to restrict, not to expand, openness of expression; nevertheless, as a repository of constructive constitutional theory, Miller and its companion cases may prove more beneficial to future first amendment adjudication than all the confusing obscenity decisions of the Warren years.
Constitutional Law--The Judicial Role In Intra-Church Disputes In West Virginia, Linda S. Thompson
Constitutional Law--The Judicial Role In Intra-Church Disputes In West Virginia, Linda S. Thompson
West Virginia Law Review
No abstract provided.
Limited Government And Judicial Review, Paul G. Kauper
Limited Government And Judicial Review, Paul G. Kauper
Michigan Law Review
A Book Review of Limited Government and Judicial Review by Durga Das Basu
Constitutional Law--Minimum Protection In Public School Financing, Katherine P. Kenna
Constitutional Law--Minimum Protection In Public School Financing, Katherine P. Kenna
West Virginia Law Review
No abstract provided.
The Submerged Constitutional Right To An Absentee Ballot, Michigan Law Review
The Submerged Constitutional Right To An Absentee Ballot, Michigan Law Review
Michigan Law Review
In an attempt to accommodate the growing number of people who cannot be present at the polls on election day, many states and the federal government have enacted statutes that allow voters to cast their ballots in advance of the election either by mail or in person. Eligibility for these absentee ballots is, however, restricted to those voters who fall within the classifications set up by the statute, and occasionally the option is open only to those who wish to vote in general elections. The few court decisions that have reviewed state absentee-ballot legislation, or the lack of such legislation, …
Constitutional Law--Due Process Of Law--Creditors' Rights And Prejudgment Remedies, Thomas V. Flaherty
Constitutional Law--Due Process Of Law--Creditors' Rights And Prejudgment Remedies, Thomas V. Flaherty
West Virginia Law Review
No abstract provided.
Self-Incrimination: Privilege, Immunity, And Comment In Bar Disciplinary Proceedings, Michigan Law Review
Self-Incrimination: Privilege, Immunity, And Comment In Bar Disciplinary Proceedings, Michigan Law Review
Michigan Law Review
The questions of the extent of an attorney's right to claim the privilege against self-incrimination during bar disciplinary proceedings and of the consequences of the exercise of the privilege has created a sharp division of opinion. The privilege against self-incrimination necessarily involves a conflict between the public's interest in disclosure and the individual's interest in privacy and nondisclosure. However, the conflict is exacerbated when the individual claiming the privilege is entrusted with important public responsibilities.
Reversals In The Federal Constitutional Amendment Process: Efficacy Of State Ratifications Of The Equal Rights Amendment, Lynn Andretta Fishel
Reversals In The Federal Constitutional Amendment Process: Efficacy Of State Ratifications Of The Equal Rights Amendment, Lynn Andretta Fishel
Indiana Law Journal
No abstract provided.
Corrections Law—Right To Counsel At Preliminary Parole Revocation Hearings In New York State To Be Determined By The Parole Board On Case-By-Case Basis., Peggy Rabkin
Buffalo Law Review
People ex rel. Galloway v. Skinner, 33 N.Y.2d 23, 300 N.E.2d 716, 347 N.Y.S.2d 178 (1973).
Married Woman's Right To Her Maiden Name: The Possibilities For Change, Linda J. Mead
Married Woman's Right To Her Maiden Name: The Possibilities For Change, Linda J. Mead
Buffalo Law Review
No abstract provided.
Impoundment Of Funds: Uses And Abuses, Louis Fisher
Impoundment Of Funds: Uses And Abuses, Louis Fisher
Buffalo Law Review
No abstract provided.
Criminal Law—Subdivision Of New York Loitering Statute Held Unconstitutionally Vague—The Effect Of Considerations Which Are Collateral To The "Vagueness" Problem., Kenneth Bersani
Buffalo Law Review
People v. Berck, 32 N.Y.2d 567, 300 N.E.2d 411, 347 N.Y.S.2d 33 (1973).
Statutory Grandchild Visitation., Duncan Gault
Statutory Grandchild Visitation., Duncan Gault
St. Mary's Law Journal
Abstract Forthcoming.
The Case Against Entrenchment Of A Canadian Bill Of Rights, Douglas A. Schmeiser
The Case Against Entrenchment Of A Canadian Bill Of Rights, Douglas A. Schmeiser
Dalhousie Law Journal
A limited form of judicial review has always been a prominent feature of Canadian federalism. Immediately after confederation, Canadian Courts assumed the jurisdiction to declare a statute to be beyond the legislative competence of the enacting body.' Until comparatively recently, Courts have also assumed that a totality of unrestricted legislative power resides in Parliament and the Provincial legislatures, i.e., as long as legislative jurisdiction exists, there is no limitation on the nature of legislation which may be passed.
Constitutional Law—Equal Protection: Validity Of R.C.W. § 9.87.010(13), Washington's School Loitering Statute—State V. Oyen, 78 Wn. 2d 909, 480 P.2d 766 (1971), Vacated Mem. Sub Nom. Oyen V. Washington, 408 U.S. 933 (1972), R. W. E.
Washington Law Review
Defendants were arrested under authority of R.C.W. § 9.87.010(13), Washington's school loitering statute, for having distributed anti-Vietnam war leaflets to students on school premises in knowing violation of a school board regulation which required prior approval by the superintendent of nonschool-related handouts. The peaceful distribution occurred prior to morning classes as students were leaving their busses. Defendants subsequently were convicted, although they contended that the statute was unconstitutionally vague and overbroad and as applied violated their right to free speech. On appeal to the Washington Supreme Court, the conviction was affirmed. Held: R.C.W. § 9.87.010(13) is constitutional: the statute is …
Fifth Amendment Protection Does Not Extend To Documents In Possesion Of Taxpayer's Attorney., Samuel R. Graham
Fifth Amendment Protection Does Not Extend To Documents In Possesion Of Taxpayer's Attorney., Samuel R. Graham
St. Mary's Law Journal
Abstract Forthcoming.
The Clouded Issue In Public Welfare: Right V. Privilege., Judith Harris Brown
The Clouded Issue In Public Welfare: Right V. Privilege., Judith Harris Brown
St. Mary's Law Journal
Abstract Forthcoming.
Alternative Approaches To Exhaustion Of State Remedies In Federal Habeas Corpus
Alternative Approaches To Exhaustion Of State Remedies In Federal Habeas Corpus
Washington and Lee Law Review
No abstract provided.
A State-Operated Law School May Grant Special Consideration To Minority Applicants In Selection Of Students., Charles J. Fitzpatrick
A State-Operated Law School May Grant Special Consideration To Minority Applicants In Selection Of Students., Charles J. Fitzpatrick
St. Mary's Law Journal
Abstract Forthcoming.
Public Impairment Of Right To Access Is Compensable., Larry W. Harrison
Public Impairment Of Right To Access Is Compensable., Larry W. Harrison
St. Mary's Law Journal
Abstract Forthcoming.
Constitutional Law—Creditor-Debtor Law: Procedural Due Process And Washington's Prejudgment Seizure Procedures—Fuentes V. Shevin, 407 U.S. 67 (1972), P. A. G.
Washington Law Review
A recent United States Supreme Court decision, Fuentes v. Shevin, and two recent Washington Court of Appeals decisions, Lucas v. Stapp and Seattle Credit Bureau v. Hibbitt, held that except in extraordinary situations the due process clause of the fourteenth amendment to the United States Constitution requires notice and an opportunity to be heard before any significant property interest can be seized by actions involving government officials. Under these cases, Washington's attachment, garnishment, and replevin statutes appear to be unconstitutional insofar as they provide for prejudgment seizure of a defendant's property without prior notice and an opportunity to be heard. …
Airport Freight And Passenger Searches: Application Of Fourth Amendment Standards
Airport Freight And Passenger Searches: Application Of Fourth Amendment Standards
William & Mary Law Review
No abstract provided.
Immunity Under The Speech Or Debate Clause For Republican And From Questioning About Sources, Michigan Law Review
Immunity Under The Speech Or Debate Clause For Republican And From Questioning About Sources, Michigan Law Review
Michigan Law Review
Gravel v. United States, which arose out of Senator Mike Gravel's attempt to publicize the Pentagon Papers, concerned the scope of the immunity conferred upon a legislator and his aide under article I, section 6, of the United States Constitution. This provision, commonly called the "speech or debate clause," provides that "for any Speech or Debate in either House, [United States Senators or Representatives] shall not be questioned in any other Place." Gravel is one of the few Supreme Court interpretations of this clause.
Constitutional Law—Freedom To Communicate Versus Right To Privacy: Regulation Of Offensive Speech Limited By "Captive Audience" Doctrine—State V. Rabe, 79 Wn. 2d 254, 484 P.2d 917 (1971), Rev'd Per Curiam, 405 U.S. 313 (1972), D. C. H.
Washington Law Review
Defendant Rabe, manager of a Richland, Washington, drive-in theater, was convicted under the state obscenity statute for exhibiting the film "Carmen Baby," a somewhat updated version of the Bizet opera, on a screen visible from an adjacent highway and from neighboring houses. On appeal, the Washington Supreme Court expressed doubt that the film was obscene on its face under prior holdings of the United States Supreme Court but declared that a right of privacy was "enshrined" in the United States Constitution. Asserting that exhibition of the film in an open-air theater from which it could be viewed by noncustomers constituted …
The Kenyan Constitution And The Question Of Succession: The Influence Of A Strong Leader, Barbara Kelley
The Kenyan Constitution And The Question Of Succession: The Influence Of A Strong Leader, Barbara Kelley
IUSTITIA
Mzee Jomo Kenyatta, President of the Republic of Kenya, is over eighty years of age. The prospect of the people of Kenya having to select a successor to President Kenyatta raises fundamental questions regarding the status of Kenya's constitution in terms of its having assumed, in the minds of Kenyans, the aura of legitimacy to the extent that they will accept its mandate as the supreme law. This paper will be an attempt to analyze, first, the process of legitimization of the Kenya constitution, specifically in regard to the provisions for succession to the presidency; and secondly, to ascertain what, …