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Articles 1 - 30 of 98
Full-Text Articles in Law
The Cumulation Of The Abortion Reform Movement
The Cumulation Of The Abortion Reform Movement
University of Richmond Law Review
We forthwith acknowledge our awareness of the sensitive and emotional nature of the abortion controversy, of the vigorous opposing views, even among physicians, and of the deep and seemingly absolute convictions that the subject inspires. One's philosophy, one's experiences, one's exposure to the raw edges of human existence, one's religious training, one's attitudes toward life and family and their values, and the moral standards one establishes and seeks to observe, are all likely to influence and to color one's thinking and conclusions about abortion.
The Judicial Role In Intra-Church Disputes Under Constitutional Guarantees Relating To Religion, Royal Clarence Guilkey
The Judicial Role In Intra-Church Disputes Under Constitutional Guarantees Relating To Religion, Royal Clarence Guilkey
West Virginia Law Review
No abstract provided.
Constitutional Law--Martial Law--Preserving Order In The State: A Traditional Reappraisal, James E. Roark
Constitutional Law--Martial Law--Preserving Order In The State: A Traditional Reappraisal, James E. Roark
West Virginia Law Review
No abstract provided.
1) A Consent To A Search And Seizure Can Be Shown When Words Constituting Consent Are Given After Officers Allege They Have Possession Of A Search Warrant; 2) The Right Of Confrontation Is Not Violated When An Out Of Court Confession Of A Third Person Is Introduced At Trial And Implicates The Accused., Michael L. Vaughn
St. Mary's Law Journal
Abstract Forthcoming.
Prisoners' Redress For Deprivation Of A Constitutional Right: Federal Habeas Corpus And The Civil Rights Act., Daniel J. Sheehan Jr.
Prisoners' Redress For Deprivation Of A Constitutional Right: Federal Habeas Corpus And The Civil Rights Act., Daniel J. Sheehan Jr.
St. Mary's Law Journal
Franchises, founder-member contracts, and referral-sales agreements are marketing practices used to expand retail businesses and typically categorized as investment contracts. These marketing schemes continue to leave investors susceptible to fraud and misrepresentation because security regulations may fail to adapt to continuously varying methods in which promoters acquire capital. The Securities Act of 1933, the Securities Exchange Commission of 1934, and the Blue Sky Laws were attempts to regulate marketing schemes by establishing purposefully broad definitions of investment contracts. Securities laws were meant to have a liberal application for the purpose of being flexible and adaptive. In 1946, the landmark case …
The Condemnor Has The Right To Show The Reasonably Foreseeable And Probable Uses Of The Tract Condemned So That The Jury May Consider This Factor With All Other Matters In Reaching A Market Value Determination Respecting The Remainder Tract., Stephen Bond Paxson
St. Mary's Law Journal
Abstract Forthcoming.
Immunity From Prosecution And The Fifth Amendment: An Analysis Of Constitutional Standards, R. Anthony Orsbon
Immunity From Prosecution And The Fifth Amendment: An Analysis Of Constitutional Standards, R. Anthony Orsbon
Vanderbilt Law Review
Transactional immunity, on one hand, affords a witness absolute immunity from prosecution for the offense to which the testimony relates, but testimonial immunity, on the other hand, provides protection only from the use of the testimony itself or any evidence derived' directly or indirectly from it--use and fruits immunity. Until the Supreme Court's recent decision in United States v. Kastigar, conflict over the immunity concept was best manifested by the attempts to formulate an appropriate characterization of the relationship between Counselman v. Hitchcock, which represents the transactional immunity approach, and Murphy v. Waterfront Commissioner of New York Harbor, representing a …
Aid To Parochial Schools: A Re-Examination
Aid To Parochial Schools: A Re-Examination
William & Mary Law Review
No abstract provided.
The Constitutionality Of Indiana's Civil Change Of Venue Law: Change For The Sake Of Change, James R. Pielemeier
The Constitutionality Of Indiana's Civil Change Of Venue Law: Change For The Sake Of Change, James R. Pielemeier
Indiana Law Journal
No abstract provided.
Constitutional Law--Taxation--Equal Education: A Public School Financing Proposal For West Virginia, Elba Gillenwater Jr., Gregory R. Gorrell
Constitutional Law--Taxation--Equal Education: A Public School Financing Proposal For West Virginia, Elba Gillenwater Jr., Gregory R. Gorrell
West Virginia Law Review
Public education is typically a state function. Yet in all states except Hawaii, primary responsibility and control have rested with the local school boards. These local boards have depended upon the property tax as a primary source of revenue. Recent judicial decisions have struck down some educational financing systems as being in violation of the equal protection clause of the fourteenth amendment. This note will discuss the constitutional issues raised by these decisions and present a statistical analysis of West Virginia's existing system. The purpose is to determine if these decisions are significant to West Virginia's method of funding public …
The Constitution And Privilege Holders: Conditioning The Issuance Of A Liquor License Upon Consent To A Warrantless Search, William W. Gooden
The Constitution And Privilege Holders: Conditioning The Issuance Of A Liquor License Upon Consent To A Warrantless Search, William W. Gooden
Indiana Law Journal
No abstract provided.
A Woman's Right To Voluntary Sterilization, Susan L. Bloom
A Woman's Right To Voluntary Sterilization, Susan L. Bloom
Buffalo Law Review
No abstract provided.
The Case For An Unconditional, Universal Amnesty For Draft Evaders And Armed Forces Deserters, William D. Wick
The Case For An Unconditional, Universal Amnesty For Draft Evaders And Armed Forces Deserters, William D. Wick
Buffalo Law Review
No abstract provided.
Criminal Law—Court Orders Broad Relief To Inmates Throughout The Virginia Penal System Where Constitutional Rights Have Been Violated., Arthur H. Ackerhalt
Criminal Law—Court Orders Broad Relief To Inmates Throughout The Virginia Penal System Where Constitutional Rights Have Been Violated., Arthur H. Ackerhalt
Buffalo Law Review
Landman v. Royster, 333 F. Supp. 621 (E.D. Va. 1971).
Treatment Of Debtors, O. John Rogge
The Constitutionality Of The Anti-Hijacking Security System, Abraham Abramovsky
The Constitutionality Of The Anti-Hijacking Security System, Abraham Abramovsky
Buffalo Law Review
No abstract provided.
Does Congress Have The Constitutional Authority To Expatriate American Citizens?, William M. Feigenbaum
Does Congress Have The Constitutional Authority To Expatriate American Citizens?, William M. Feigenbaum
Buffalo Law Review
No abstract provided.
Recent Development, Law Review Staff
Recent Development, Law Review Staff
Vanderbilt Law Review
Prisons in the United States house approximately 220,000 felons,'95 percent of whom will eventually return to society Most state legislatures have delegated to prison administrative bodies the power both to establish regulations prescribing proper prison conduct and to impose sanctions for their violation. Prison administrators thus have been granted wide latitude in establishing the procedures by which prisoners are determined to be guilty of disciplinary infractions and punished. Frequently, prisoners who allegedly have violated prison standards are not afforded notice of their offenses, are judged by their accusers, and are awarded disproportionately severe punishment, such as solitary confinement or loss …
Labor Law--Employer Free Speech--Use Of The Gissel Guidelines In Determining Predictions Or Threats, Douglas Alan Cornelius
Labor Law--Employer Free Speech--Use Of The Gissel Guidelines In Determining Predictions Or Threats, Douglas Alan Cornelius
West Virginia Law Review
No abstract provided.
Regulation Governing The Length Of Hair Is One That Is Not Cognizable In The Federal Courts, Nor Is Such Right To Be Found Within The Plain Meaning Of The Federal Constitution., Thomas N. Willess
St. Mary's Law Journal
Abstract Forthcoming.
A State's Juvenile Statute Which Contains An Age-Sex Disparity Must Be Supported By A Purpose Which Is Reasonable Rather Than Arbitrary And Invidious., Robert S. Flaniken
A State's Juvenile Statute Which Contains An Age-Sex Disparity Must Be Supported By A Purpose Which Is Reasonable Rather Than Arbitrary And Invidious., Robert S. Flaniken
St. Mary's Law Journal
Abstract Forthcoming.
Relatives' Responsibility Law Requiring Financially Able Adult Children To Contribute To The Support Of Their Needy Parents Has A Rational Relation To A Conceivably Legitimate State Purpose And Does Not Transgress The Constitutional Equal Protection Guarantee., Garvin P. Stryker
St. Mary's Law Journal
Abstract Forthcoming.
Judicial Supremacy Re-Examined: A Proposed Alternative, G. Sidney Buchanan
Judicial Supremacy Re-Examined: A Proposed Alternative, G. Sidney Buchanan
Michigan Law Review
A citizen critic recently expressed to me his bitter opposition to the Warren Court's decisions on school prayer and school desegregation. If this critic were elected governor of a state or placed in some other position of governmental authority, he would almost certainly use his power to block public school desegregation and to encourage prayer reading in the public schools. Conceding that our critic would be acting controversially in so using his power, would he be acting unconstitutionally? This is the question which this Article will attempt to answer. More generally, this Article will consider the extent to which a …
Educational Financing, Equal Protection Of The Laws, And The Supreme Court, Michigan Law Review
Educational Financing, Equal Protection Of The Laws, And The Supreme Court, Michigan Law Review
Michigan Law Review
Recently, state systems of financing public education have been overturned or seriously threatened by several state and federal court cases based on the equal protection clause of the fourteenth amendment. Rodriguez v. San Antonio Independent School District, which invalidated the Texas system of educational financing, will be argued before the Supreme Court next term. This Comment will examine the doctrinal and policy problems that the Court will confront and the alternative solutions that are available to the Court when it considers the constitutionality of the Texas system, which is typical of the educational financing programs that have generated so …
Aliens: The Unconstitutional Classification For Admission To The Bar., J. Rand Cliffe
Aliens: The Unconstitutional Classification For Admission To The Bar., J. Rand Cliffe
St. Mary's Law Journal
Abstract Forthcoming.
The Legislature May Not Validly Exempt The Property Of A Nonprofit Water Supply Corporation From Taxation., Charles T. Locke
The Legislature May Not Validly Exempt The Property Of A Nonprofit Water Supply Corporation From Taxation., Charles T. Locke
St. Mary's Law Journal
Abstract Forthcoming.
State Durational Residence Requirements As A Violation Of The Equal Protection Clause, Mable A. Minor
State Durational Residence Requirements As A Violation Of The Equal Protection Clause, Mable A. Minor
North Carolina Central Law Review
No abstract provided.
The Public's Right To Know, Frank Horton
The Public's Right To Know, Frank Horton
North Carolina Central Law Review
No abstract provided.
The Plain Meaning Of The Freedom Of Information Act: Nlrb V. Getman, Proctor D. H. Robison
The Plain Meaning Of The Freedom Of Information Act: Nlrb V. Getman, Proctor D. H. Robison
Indiana Law Journal
No abstract provided.
Privacy, Autonomy, And Dignity In The Prison: A Preliminary Inquiry Concerning Constitutional Aspects Of The Degradation Process In Our Prisons, Richard G. Singer
Privacy, Autonomy, And Dignity In The Prison: A Preliminary Inquiry Concerning Constitutional Aspects Of The Degradation Process In Our Prisons, Richard G. Singer
Buffalo Law Review
No abstract provided.