Law Commons^™

Memorandum To The Conference, Potter Stewart

Connell v. Higginbotham, 403 U.S. 207 (1971)

After the Conference last Friday, it occurred to me that I had not made entirely clear my position in this case. It is simply this:

05-15-1970 Justice Harlan, Per Curiam, John Harlan

Wyman v. Rothstein, 398 U.S. 275 (1970)

Per Curiam.

Appellees commenced this action in the federal District Court for the Southern District of New York challenging on equal protection and statutory grounds 131-a of the New York Welfare Law which provides for payments to welfare recipients in Nassau, Suffolk, and other New York State counties in lesser amounts then provided for residents of New York City should the Welfare Administrator determine the adequate cause exists for the differential. A three-judge court was convened and it found that appelllees' likelihood for success on their constitutional claim warranted the issuance of preliminary injunction against what it found to be …

05-12-1970 Correspondence From Brennan To Harlan, William J. Brennan

Wyman v. Rothstein, 398 U.S. 275 (1970)

Dear John,

I agree with your Per Curiam in the above case.

Sincerely,

W.J.B. Jr.

05-12-1970 Correspondence From White To Harlan, Byron R. White

Wyman v. Rothstein, 398 U.S. 275 (1970)

Dear John:

Please join me.

Sincerely,

B.R.W

05-12-1970 Correspondence From Stewart To Harlan, Potter Stewart

Wyman v. Rothstein, 398 U.S. 275 (1970)

Dear John,

I am glad to join your per curiam opinion, with one suggestion: that the phrase "if necessary" in the 3rd line from the bottom on page 2 be changed to "if the question is reached."

Sincerely yours,

P.S.

05-11-1970 Justice Harlan, Per Curiam, John Harlan

Wyman v. Rothstein, 398 U.S. 275 (1970)

Per Curiam.

Appellees commenced this action in the federal District Court for the Southern District of New York challenging on equal protection and statutory grounds 131-a of the New York Welfare Law which provides for payments to welfare recipients in Nassau, Suffolk, and other New York state counties in lesser amounts than provided for residents of New York City should the Welfare Administrator determine that adequate cause exists for the differential. A three-judge court was convened and it found that appellees' likelihood of success on their constitutional claim warranted the issue of a preliminary injunction against what it found to …

The Logic Of Conspiracy—United States V. Spock, 416 F.2d 165 (1969)., Janet S. Lindgren

Journal Articles

Reprinted in Legal Concepts in Conspiracy: A Law Review Trilogy (Arno Press 1972).

Model Of Criminal Process Game Theory And Law, Robert Birmingham

Faculty Articles and Papers

No abstract provided.

1970-1973 Rowan County (Ky.) Minute Book, Rowan County (Ky.) Circuit Court

Rowan County Circuit Court Ledgers

Minute Book from Rowan County (Ky.) Circuit Court from 1970 to 1976.

Appointed Counsel For The Indigent Civil Defendant: A Constitutional Right Without A Judicial Remedy., Michael Botein

Articles & Chapters

No abstract provided.

An Introduction To Riot Legislation, Jerold H. Israel

Book Chapters

My speech will provide an introduction to criminal code legislation specifically pertaining to riots and a brief description of our recent experience with riots. Hopefully, this description, supplemented by the film on the Detroit riot, will provide an appropriate factual background for both the remainder of my own talk and the analyses of proper police procedures during riots (and other civil disorders) to be presented by Major Brown and Professor Martin.

When The Cops Were Not 'Handcuffed', Yale Kamisar

Book Chapters

Are we losing the war against crime? Is the public getting a fair break? Has the pendulum swung too far to the left? Do the victims of crime have some rights, too? Are the courts handcuffing the police?

If there were a hit parade for newspaper and magazine articles, speeches and panel discussions, these questions would rank high on the list. Not only are they being raised with increasing frequency, but they are being debated with growing fury.

Last year, probably the most famous police chief in the United States, William H. Parker of Los Angeles, protested that American police …

Drugs And Alcohol -- Their Effect On Criminal Intent And Responsibility, William L. Corbett

Faculty Law Review Articles

This article reviews the history and present standing of criminal intent and responsibility as affected by intoxication from the use of alcohol and drugs.

Liability Without Fault: Logic And Potential Of A Developing Concept, Janet S. Lindgren

Journal Articles

No abstract provided.

Criminal Law Revision In Kentucky: Part Ii—Inchoate Crimes, Robert G. Lawson

Law Faculty Scholarly Articles

Kentucky, like other jurisdictions, imposes criminal sanctions for conduct that is designed to achieve a criminal result but fails for some reason to accomplish its anti-social objective. Such conduct is punishable, if at all, as criminal attempt, criminal conspiracy, or criminal solicitation. In looking toward revision, attention should be focused initially upon the objectives to be promoted by classifying unsuccessful, anti-social conduct as criminal behavior.

First: There is obviously need for a firm basis for the intervention of law enforcement agencies to prevent a person dedicated to the commission of a crime from consummating it. In determining that basis, attention …

Criminal Law Revision In Kentucky: Part I—Homicide And Assault, Robert G. Lawson

Law Faculty Scholarly Articles

At the present time the Kentucky Commission on Law Enforcement and Crime Prevention and the Legislative Research Commission are jointly engaged in a project designed to revise the state's substantive criminal law. This effort is justifiable only if the existing law is defective and the "revision will result in significant improvement in [criminal law] administration." A cursory examination of the criminal statutes, with no reference to case law, leaves not the slightest doubt as to the need for revision. Until now no major attempt at revision has ever been undertaken in this state. As a consequence, the statutes are devoid …

The Organized Crime Act (S. 30) Or Its Critics: Which Threatens Civil Liberties, John L. Mcclellan, G. Robert Blakey

Journal Articles

On January 23, 1970, the Senate passed by the overwhelming vote of 73 to 1, S. 30, the Organized Crime Control Act of 1969. During the debate in the Senate, S. 30 was subjected to indiscriminate charges that it would, in the words of the American Civil Liberties Union, "make drastic incursions on civil liberties" and that it ran "counter to the letter and spirit of the Constitution."

Certain newspaper commentators and a prominent mayor have echoed those charges, and recently a report critical of several key titles of S. 30 was published by the Committee on Federal Legislation of …

Decision Trees, Peter L. Strauss, Michael R. Topping

Faculty Scholarship

The object of this paper is to inform those concerned with the administration of justice in Ethiopia – particularly, criminal justice – about a new and simple procedure which may assist in procuring uniform interpretation and application of laws and regulations. The problem of uniform interpretation and application is particularly severe where, as in Ethiopia, new laws must be interpreted and applied by persons who have not yet had the opportunity of formal legal education. For these persons the discovery of the relevant code articles and the understanding of their interrelationships and application must be very difficult indeed. One possible …