Law Commons^™

Harris V. Mcrae, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Fullilove V. Klutznick (Formerly Kreps), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

White Mountain Apache Tribe V. Bracker, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Lewis V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Sioux Nation Of Indians, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Consolidated Edison Of New York, Inc. V. Public Service Commission Of New York, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Police Use Of Trickery As An Interrogation Technique, James G. Thomas

Vanderbilt Law Review

This Note maintains that trickery can be effectively curtailed despite the failure of Miranda to do so. This Note argues that trickery in the interrogation room is a violation of fourteenth amendment substantive due process. The Supreme Court has recently stated, in very unambiguous terms, that due process requirements exist independently of the fifth amendment Miranda requirements in the interrogation context." This Note therefore proposes an objective due process standard that would prohibit trickery. The violation of this due process standard would require the exclusion at trial of confessions induced by trickery. Because the exclusionary rule is not a sufficient …

Approximate Original Contour And The Taking Issue--Virginia Surface Mining And Reclamation Association, Inc. V. Andrus, David Jividen

West Virginia Law Review

No abstract provided.

The Associated States Of The Commonwealth Caribbean: The Constitutions And The Individual, William C. Gilmore

University of Miami Inter-American Law Review

No abstract provided.

The Constitution Of The Northern Mariana Islands: Does A Different Cultural Setting Justify Different Constitutional Standards?, James A. Branch, Jr.

LLM Theses and Essays

The purpose of this paper is to examine certain constitutional questions that have recently been raised by Howard Willens and Deanne Siemer on the constitution of the Northern Mariana Islands. Essentially, Willens and Siemer take the position that certain constitutional "innovations" are justified in a United States territory, such as the Northern Marianas, which these authors argue have different social and economic values than the mainland. The soundness of these innovations needs to be examined. To do this, this paper will question, first, the concept of "incorporation" as a constitutional doctrine in the modern world. Second, turning to the Northern …

The Fourth Amendment In Flux: The Rise And Fall Of Probable Cause, Ronald J. Bacigal

Law Faculty Publications

This article will demonstrate the Supreme Court's inability to develop an objective methodology to derive and apply fourth amendment principles under either the traditional probable cause approach or the balancing approach. A detailed analysis of traditional probable cause will reveal that its premises are ultimately subjectively derived? This examination will also show that returning to traditional probable cause would necessitate resurrecting the unrealistic premise that an individual's privacy interest is always outweighed by the government's interest in searching if the authorities meet a static standard of probable cause. The article will then discuss the advent of the balancing approach and …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

CASE DIGEST

This Case Digest provides brief analyses of cases that represent current aspects of transnational law. The digest includes cases that apply established legal principles to new and different factual situations. The cases are grouped in topical categories, and references are given for further research.

THE CONSTITUTIONALITY OF OBTAINING QUASI IN REM JURISDICTION BY MARITIME ATTACHMENT IS NOT LIMITED BY Shaffer v. Heitner

MAXIMUM LIMITS ON DISABILITY BENEFITS ARE NOT APPLICABLE TO DEATH BENEFITS PAYABLE UNDER THE LONGSHOREMEN'S AND HARBORWORKERS' COMPENSATION AcT

REFUSAL OF INS DISTRICT DIRECTOR TO GRANT NON-PRIORITY OR DEFERRED STATUS IS SUBJECT TO THE ARBITRARY AND …

The 1977 Soviet Constitution: A Historical Comparison, Igor L. Kavass, Gary I. Christian

Vanderbilt Journal of Transnational Law

Throughout the Soviet Union's history, its four constitutions have been a reflection of the political climate of the particular period. The documents thus viewed provide a historical and political benchmark against which life and thought in the U.S.S.R. may be fairly accurately gauged. When Brezhnev addressed the USSR Supreme Soviet on October 4, 1977, to recommend the inevitable adoption of the 1977 Constitution, he again stressed the historical perspective in which the document must be viewed. He stated: "We will adopt the new Constitution on the eve of the 60th anniversary of the Great October Socialist Revolution. This is not …

Recent Decisions, Jamie S. Martin, Margaret H. Fiorillo, J. Andrew Hoyal, Ii

Vanderbilt Journal of Transnational Law

CONSTITUTIONAL LAW--COMMERCE CLAUSE--STATE TAX ON INSTRUMENTALITIES OF FOREIGN COMMERCE INVALID WHEN TAX RESULTS IN MULTIPLE TAXATION AND IMPAIRS FEDERAL UNIFORMITY IN REGULATION OF FOREIGN TRADE

Jamie S. Martin

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IMMIGRATION--LAWFUL UNRELINQUISHED DOMICILE--DEPORTABLE RESIDENT ALIEN MUST ACCUMULATE SEVEN YEARS OFLAWFUL DOMICILE SUBSEQUENT TO ADMISSION FOR PERMANENT RESIDENCE TO BE ELIGIBLE FOR DISCRETIONARY RELIEF

Margaret H. Fiorillo

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LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT--MANUFACTURER MAY SUE STEVEDORE FOR INDEMNIFICATION FROM LIABILITY ARISING OUT OF LONGSHOREMEN'S INJURIES--THEORY OF EQUITABLE CREDIT DOES NOT APPLY TO THE LHWCA

J. Andrew Hoyal, II

Constitutional Law, Elizabeth C. Lipson

South Carolina Law Review

No abstract provided.

Comments

South Carolina Law Review

No abstract provided.

Moderator's Remarks, Institutional Due Process In The Twenty-First Century: The Future Of The Hearing Requirement, Harold H. Bruff

Publications

No abstract provided.

Aussergesetzliche Masstabe In Der Rechtspreching Des Supreme Court Der Vereinigten Staaten, Donald P. Kommers, Kenneth Ripple

Journal Articles

Zweck der folgenden Ausführungen ist die Darlegung der Bedeutung außergesetz licher Urteilsmaßstäbe in der amerikanischen Verfassungsrechtsprechung. Dabei sollen vor allem diejenigen Urteilskriterien untersucht werden, die den größten Einfluß auf das amerikanische Verfassungsrecht haben dürften; sie sollen im Kontext des gegen wärtigen case law untersucht werden.

Recent Decisions, Gayle B. Carlson, Michael P. Coury, Celia J. Collins, Spencer M. Sax

Vanderbilt Journal of Transnational Law

ACT OF STATE DOCTRINE-ACT OF STATE DOCTRINE DOES NOT PRECLUDE ADJUDICATION OF ANTITRUST CLAIM INVOLVING ALLEGED FRAUDULENT PROCUREMENT OF FOREIGN PATENTS

Gayle B. Carlson

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ADMIRALTY-DAMAGES FOR WRONGFUL DEATH ON THE HIGH SEAS ARE LIMITED TO PECUNIARY LOSS

Michael P. Coury

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ANTITRUST-E.E.C. TREATY-JOINT VENTURE AGREEMENT THAT OPERATES TO PRECLUDE ENTRY INTO A GEOGRAPHIC MARKET IS PROHIBITED UNDER ARTICLE 85 OF THE E.E.C. TREATY

Celia J. Collins

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CONSTITUTIONAL LAW-TEAS STATUTE'S DENIAL OF FREE EDUCATION TO ILLEGAL ALIENS VIOLATES EQUAL PROTECTION CLAUSE AND IS PREEMPTED BY THE IMMIGRATION AND NATIONALITY ACT

Spencer M. Sax

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SOVEREIGN IMMUNITY-FOREIGN SOVEREIGN IMMUNITIES ACT …

Foreign Nationals And Agencies Of Foreign Governments As Persons Under The Freedom Of Information Act: A Question Of Constitutionality, Lloyd F. Leroy

Vanderbilt Journal of Transnational Law

This note will first examine the FOIA as it is juxtaposed against the President's power in the area of foreign affairs. Particular attention in this area will be directed to the expressed congressional purpose for passage of the FOLA and the President's role as sole voice of the nation in international relations. Next, the conflicting interests will be highlighted by means of a hypothetical fact situation in which the FOIA dictates disclosure of information which the President feels must be withheld because of foreign policy considerations. Finally, this note will propose some solutions to both the practical problems presented and …

The Due Process Mandate And The Constitutionality Of Admiralty Arrests And Attachments Pursuant To Supplemental Rules B And C, Jon L. Goodman

Vanderbilt Journal of Transnational Law

In the past decade, the area of procedural due process, including traditional doctrines of in rem and quasi in rem jurisdiction, has undergone a constitutional facelift. As a result, two of admiralty's most extraordinary features--maritime attachment and garnishment and actions in rem--have been questioned from a constitutional standpoint.

The United States Supreme Court inaugurated the new era with its decision in Sniadach v. Family Finance Corp. In that case, the Court first began changing its procedural due process philosophy by broadening its conception of constitutionally protected forms of property. Having narrowly addressed itself to the question of what constitute constitutionally …

In Memoriam: Eberhard Menzel, Jost Delbruck

Articles by Maurer Faculty

No abstract provided.