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Full-Text Articles in Law

Prior Restraints On Demonstrations, Vince Blasi Aug 1970

Prior Restraints On Demonstrations, Vince Blasi

Michigan Law Review

The starting point for the analysis that follows is the belief that new constitutional doctrine--both substantive and procedural--is urgently needed. That conclusion rests on two critical assumptions--assumptions which may not be shared by others who read history differently, or who have had different personal experiences regarding prior restraints on demonstrations, or who have different behavioral impressions based on observation and conversation, or best of all, who have quantitative data on the problem.


A Requiem For Requiems: The Supreme Court At The Bar Of Reality, Stanley K. Laughlin Jr. Jun 1970

A Requiem For Requiems: The Supreme Court At The Bar Of Reality, Stanley K. Laughlin Jr.

Michigan Law Review

It is true that the test set out in Roth v. United States is moribund. In a sense it was stillborn. While five Justices, only one of whom remains on the Court, joined in the majority opinion in Roth, that case only adumbrated certain considerations that later were forged into what has come to be known as the Roth test. No sooner did the forging process begin than the Court became fragmented on this issue, and a majority of the Justices has never since concurred in the test-certainly not in a compatible formulation of it. Today, it is not clear ...


Constitutional Law--Church And State--Freedom Of Religion--The Constitutionality Under The Religion Clauses Of The First Amendment Of Compulsory Sex Education In Public Schools, Michigan Law Review Apr 1970

Constitutional Law--Church And State--Freedom Of Religion--The Constitutionality Under The Religion Clauses Of The First Amendment Of Compulsory Sex Education In Public Schools, Michigan Law Review

Michigan Law Review

It has been said that "[s]ex education, once the domain of the church and the home, has by necessity, become a responsibility of the schools." Indeed, by the operation of most state education statutes, sex education can be made compulsory in public primary and secondary schools if it is taught as part of otherwise compulsory classes or if the local school authorities have prescribed sex education courses as a compulsory part of the curriculum. While some of the state statutes authorize exemptions on religious grounds, most do not. Nevertheless, the introduction of sex education into public schools has not ...


Constitutional Problems Of Population Control, Bettye S. Elkins Jan 1970

Constitutional Problems Of Population Control, Bettye S. Elkins

University of Michigan Journal of Law Reform

An analysis of the urgency and magnitude of the population problem would show that both national and human survival depend on limiting man's incredible ability to procreate. The world's resources are finite; man's consumption of them must be made so, too, or Malthus' four horsemen will balance the supply and demand for us. If we are not to starve our grandchildren, to leave them with no immunity to the pestilence of overcrowding and hopelessness, to kill them with pollution, or to force war upon them as the only way to secure enough territory to feed a voracious ...