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Constitutional Law

1972

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Institution
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Articles 1 - 30 of 98

Full-Text Articles in Law

The Cumulation Of The Abortion Reform Movement Dec 1972

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 Dec 1972

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 Dec 1972

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 Dec 1972

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. Dec 1972

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 Dec 1972

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 Nov 1972

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 Oct 1972

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 Oct 1972

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 Oct 1972

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 Oct 1972

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 Oct 1972

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 Oct 1972

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 Oct 1972

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 Oct 1972

Treatment Of Debtors, O. John Rogge

Buffalo Law Review

No abstract provided.


The Constitutionality Of The Anti-Hijacking Security System, Abraham Abramovsky Oct 1972

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 Oct 1972

Does Congress Have The Constitutional Authority To Expatriate American Citizens?, William M. Feigenbaum

Buffalo Law Review

No abstract provided.


Recent Development, Law Review Staff Oct 1972

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 Sep 1972

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 Jun 1972

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 Jun 1972

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 Jun 1972

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 Jun 1972

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 Jun 1972

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 Jun 1972

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 Jun 1972

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 Apr 1972

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 Apr 1972

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 Apr 1972

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 Apr 1972

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.