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Articles 1 - 11 of 11

Full-Text Articles in Law

Direct Judicial Review Of The Actions Of The Selective Service System, Bruce J. Winick Nov 1970

Direct Judicial Review Of The Actions Of The Selective Service System, Bruce J. Winick

Michigan Law Review

A registrant may obtain judicial review of Selective Service action in any of three possible ways. If he submits to induction into the Armed Forces, the registrant may challenge the validity of his induction order by petitioning for habeas corpus. If the registrant refuses to submit to induction, and is subsequently indicted for that refusal, he may defend the criminal prosecution on the ground that the order for his induction was unlawful. In addition to these two well-settled methods of obtaining postinduction judicial review, the registrant may have a third alternative. In certain circumstances, he may be able to secure ...


Judicial Review--Professional Association--Inquiry Into Exclusion From Membership, Charles Blaine Myers Jr. Sep 1970

Judicial Review--Professional Association--Inquiry Into Exclusion From Membership, Charles Blaine Myers Jr.

West Virginia Law Review

No abstract provided.


Constitutional Law--Judicial Review Of Congressional Membership Exclusion, Diana Everett Sep 1970

Constitutional Law--Judicial Review Of Congressional Membership Exclusion, Diana Everett

West Virginia Law Review

No abstract provided.


Judicial Discretion And The Freedom Of Information Act: Disclosure Denied: Consumers Union V. Veterans Administration, Judith A. Mitnick Apr 1970

Judicial Discretion And The Freedom Of Information Act: Disclosure Denied: Consumers Union V. Veterans Administration, Judith A. Mitnick

Indiana Law Journal

No abstract provided.


Sovereign Immunity And Nonstatutory Review Of Federal Administrative Action: Some Conclusions From The Public-Lands Cases, Antonin Scalia Apr 1970

Sovereign Immunity And Nonstatutory Review Of Federal Administrative Action: Some Conclusions From The Public-Lands Cases, Antonin Scalia

Michigan Law Review

The purpose of the present Article is not to propose yet another route toward logical reconciliation of the sovereign-immunity cases; but, on the contrary, to urge general acceptance of the fact that such reconciliation is, and will probably remain, unattainable; to explain why this is so; and to suggest why it is not so bad. This modest goal will be attempted through a detailed examination of two recent Supreme Court cases and their most pertinent antecedents.


Extension Of The Basis For Standing In Judicial Review Of Administrative Actions Mar 1970

Extension Of The Basis For Standing In Judicial Review Of Administrative Actions

Washington and Lee Law Review

No abstract provided.


What Has The Supreme Court Taught: A Criticism Of The Unites States Supreme Court By Way Of A Critique Of Lance V. The Board Of Education Of Roane County, James Audley Mclaughlin Feb 1970

What Has The Supreme Court Taught: A Criticism Of The Unites States Supreme Court By Way Of A Critique Of Lance V. The Board Of Education Of Roane County, James Audley Mclaughlin

West Virginia Law Review

The subway fare in New York City was recently raised to thirty cents. Incensed citizens immediately declared they would go to court and have the increase declared unconstitutional. "Unconstitutional" and "constitutional rights" have become the watchwords of political protestors and reformers. Moreover, their political forum is often a court of law. Who taught the nation this rhetoric, this mode of action, and this attitude toward law, law reform, and politics? The Supreme Court of the United States. Has the Court deliberately taught this doctrine? No, nor is it apparently even conscious of what it has unwittingly done. It is important ...


Nonstatutory Review Of Federal Administrative Action: The Need For Statutory Reform Of Sovereign Immunity, Subject Matter Jurisdiction, And Parties Defendant, Roger C. Cramton Jan 1970

Nonstatutory Review Of Federal Administrative Action: The Need For Statutory Reform Of Sovereign Immunity, Subject Matter Jurisdiction, And Parties Defendant, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.


Judicial Review Of School Discipline, Paul G. Haskell Jan 1970

Judicial Review Of School Discipline, Paul G. Haskell

Case Western Reserve Law Review

No abstract provided.


Cafeteria Workers Revisited: Does The Commander Have Plenary Power To Control Access To His Base?, Jethro K. Lieberman Jan 1970

Cafeteria Workers Revisited: Does The Commander Have Plenary Power To Control Access To His Base?, Jethro K. Lieberman

Articles & Chapters

The Supreme Court's decision in Cafeteria Workers v. McElroy (1961) has often been cited by military commanders to support claimed plenary power over access to the installation commanded. Observing that plenary power is a rarity in contemporary society, Lieutenant Lieberman questions the prof erred interpretation of Cafeteria Workers particularly in light of more recent decisions. He concludes that while commanders do possess broad powers over access, the power is not plenary but must be weighed in each instance against the individual's rights of freedom of speech and association.


Nonstatutory Review Of Federal Administrative Action: The Need For Statutory Reform Of Sovereign Immunity, Subject Matter Jurisdiction, And Parties Defendant, Roger C. Cramton Jan 1970

Nonstatutory Review Of Federal Administrative Action: The Need For Statutory Reform Of Sovereign Immunity, Subject Matter Jurisdiction, And Parties Defendant, Roger C. Cramton

Michigan Law Review

The purpose of this Article is to generate support for three legislative proposals that will rectify the problems exemplified by the Gnotta case and hosts of other cases: (1) The elimination of the doctrine of sovereign immunity as a barrier to judicial review of federal administrative action; (2) a modest expansion of the subject matter jurisdiction of United States district courts to accommodate such review and, in addition, to provide a remedy against the United States for the resolution of property disputes; and (3) the total elimination of the remaining technicalities concerning the identification, naming, capacity, and joinder of parties ...