Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 27 of 27

Full-Text Articles in Law

Mtm, Inc. V. Baxley, Lewis F. Powell Jr. Oct 1974

Mtm, Inc. V. Baxley, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Gonzales V. Automatic Employees Credit Union, Lewis F. Powell Jr. Oct 1974

Gonzales V. Automatic Employees Credit Union, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


White V. Regester, Lewis F. Powell Jr. Oct 1974

White V. Regester, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Eastland V. U.S. Servicemen’S Fund, Lewis F. Powell Jr. Oct 1974

Eastland V. U.S. Servicemen’S Fund, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Blue Chip Stamps V. Manor Drug Stores, Lewis F. Powell Jr. Oct 1974

Blue Chip Stamps V. Manor Drug Stores, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Mazurie, Lewis F. Powell Jr. Oct 1974

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

Supreme Court Case Files

No abstract provided.


Village Of Belle Terre V. Boraas, 94 S. Ct. 1536 (1974), Florida State University Law Review Oct 1974

Village Of Belle Terre V. Boraas, 94 S. Ct. 1536 (1974), Florida State University Law Review

Florida State University Law Review

Constitutional Law- FOURTEENTH AMENDMENT- MUNICIPALITY ZONED EXCLUSIVELY FOR SINGLE-FAMILY DWELLINGS PROMOTES VALID COMMUNITY OBJECTIVES AND DOES NOT INTERFERE WITH RIGHT TO TRAVEL.


A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part Ii), Donald E. Wilkes Jr. Sep 1974

A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part Ii), Donald E. Wilkes Jr.

Scholarly Works

In Part I of this Article, appearing in Volume 8 of the Georgia Law Review at page 313, Professor Wilkes traced the development of postconviction habeas corpus in Georgia up to 1967. In this the second part of the Article, he examines the background and passage of the Georgia Habeas Corpus Act of 1967. Finally, Professor Wilkes assesses the degree to which the Act has fulfilled its purposes, and suggests several possible changes for the future.


Executive Privilege: Rhyme Without Reason, Stephen W. Gard Jan 1974

Executive Privilege: Rhyme Without Reason, Stephen W. Gard

Stephen W. Gard

This Article will examine the validity of a presidential claim of executive privilege when exercised against a congressional inquiry by analyzing positions previously taken by proponents of executive privilege. First, the historical usage theory, often cited as a justification for the privilege, will be reevaluated, and it will be suggested that historical precedeht does not support the existence of such a theory. Second, the separation of powers justification will be undercut by close examination of the constitutional principles involved. Finally, attack will be waged on the various public policy arguments used to support the privilege.


Constitutional Law - Standing - The Zone Of Interest Test Of Data Processing Held Inapplicable To Plaintiff's Standing In A Suit Between Private Parties, Michael S. Burg Jan 1974

Constitutional Law - Standing - The Zone Of Interest Test Of Data Processing Held Inapplicable To Plaintiff's Standing In A Suit Between Private Parties, Michael S. Burg

Villanova Law Review

No abstract provided.


A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part I), Donald E. Wilkes Jr. Jan 1974

A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part I), Donald E. Wilkes Jr.

Scholarly Works

Because it has been esteemed in this state for centuries, the writ of habeas corpus has played a significant role in the history of Georgia civil liberties. Indeed, one Georgia court early state that "[w]hen the writ is applied for, no inquiry is made as to the complexion of the petitioner, or the place of his permanent allegiance. All of every condition, of every country and of every complexion are equally entitled to it, the native of South Africa, not less than the Peer of the Realms." In the first part of his Article, Professor Wilkes examines the origins of …


The Fifth Amendment And Compelled Testimony: Practical Problems In The Wake Of Kastigar, E. R. Harding Jan 1974

The Fifth Amendment And Compelled Testimony: Practical Problems In The Wake Of Kastigar, E. R. Harding

Villanova Law Review

No abstract provided.


Constitutional Law - Copyright Clause - States May Afford Protection To Sound Recordings Against Unauthorized Reproduction Without Infringing On The Federal Copyright Power, Joseph H. Huston Jr. Jan 1974

Constitutional Law - Copyright Clause - States May Afford Protection To Sound Recordings Against Unauthorized Reproduction Without Infringing On The Federal Copyright Power, Joseph H. Huston Jr.

Villanova Law Review

No abstract provided.


Constitutional Law - Fourth Amendment - A Witness May Not Invoke The Exclusionary Rule To Suppress Evidence Before The Grand Jury Or As A Basis For Refusing To Answer Questions Based On Evidence Seized In Violation Of His Fourth Amendment Rights, Leland G. Ripley Jan 1974

Constitutional Law - Fourth Amendment - A Witness May Not Invoke The Exclusionary Rule To Suppress Evidence Before The Grand Jury Or As A Basis For Refusing To Answer Questions Based On Evidence Seized In Violation Of His Fourth Amendment Rights, Leland G. Ripley

Villanova Law Review

No abstract provided.


Constitutional Law - Zoning - Local Zoning Ordinance Excluding More Than Two Unrelated Persons From Occupancy Of Single Family Homes Held Not Violative Of Fourteenth Amendment Equal Protection Or Due Process Of Law, James J. Rohn Jan 1974

Constitutional Law - Zoning - Local Zoning Ordinance Excluding More Than Two Unrelated Persons From Occupancy Of Single Family Homes Held Not Violative Of Fourteenth Amendment Equal Protection Or Due Process Of Law, James J. Rohn

Villanova Law Review

No abstract provided.


Subdivision Exactions: The Constitutional Issues, The Judicial Response, And The Pennsylvania Situation, Michael G. Trachtman Jan 1974

Subdivision Exactions: The Constitutional Issues, The Judicial Response, And The Pennsylvania Situation, Michael G. Trachtman

Villanova Law Review

No abstract provided.


Constitutional Sources Of The Penumbral Right To Privacy, R. H. Clark Jan 1974

Constitutional Sources Of The Penumbral Right To Privacy, R. H. Clark

Villanova Law Review

No abstract provided.


Congressional Immunity: A Criticism Of Exisiting Distinctions And A Proposal For A New Definitional Approach, X. L. Suarez Jan 1974

Congressional Immunity: A Criticism Of Exisiting Distinctions And A Proposal For A New Definitional Approach, X. L. Suarez

Villanova Law Review

No abstract provided.


Constitutional Law - First Amendment - Freedom Of The Press To Gather News, Lynn C. Malmgren Jan 1974

Constitutional Law - First Amendment - Freedom Of The Press To Gather News, Lynn C. Malmgren

Villanova Law Review

No abstract provided.


Constitutional Law - Mental Health - A Patient Involuntary Civilly Committed To A State Mental Hospital Has A Constitutional Right To Treatment, Brian S. North Jan 1974

Constitutional Law - Mental Health - A Patient Involuntary Civilly Committed To A State Mental Hospital Has A Constitutional Right To Treatment, Brian S. North

Villanova Law Review

No abstract provided.


Constitutional Law - Patent Clause - States May Afford Trade Secret Protection Without Infringing Upon Federal Patent Power, Joseph A. Eagan Jr. Jan 1974

Constitutional Law - Patent Clause - States May Afford Trade Secret Protection Without Infringing Upon Federal Patent Power, Joseph A. Eagan Jr.

Villanova Law Review

No abstract provided.


Federal Courts - Declaratory Judgment - A Federal Court May Grant Declaratory Relief From A State Statute Allegedly Unconstitutional As Applied If State Prosecution Is Threatened, But Not Pending, Rachel Wolkin Jan 1974

Federal Courts - Declaratory Judgment - A Federal Court May Grant Declaratory Relief From A State Statute Allegedly Unconstitutional As Applied If State Prosecution Is Threatened, But Not Pending, Rachel Wolkin

Villanova Law Review

No abstract provided.


Constitutional Law, Various Editors Jan 1974

Constitutional Law, Various Editors

Villanova Law Review

No abstract provided.


Constitutional Law - First Amendment - Freedom Of Speech And Press - New York Times Standard Is Inapplicable To A Defamed Individual Who Is Neither A Public Official Nor A Public Figure, And Only Actual Injury Is Compensable Absent Showing Of Actual Malice, William E. Molchen Ii Jan 1974

Constitutional Law - First Amendment - Freedom Of Speech And Press - New York Times Standard Is Inapplicable To A Defamed Individual Who Is Neither A Public Official Nor A Public Figure, And Only Actual Injury Is Compensable Absent Showing Of Actual Malice, William E. Molchen Ii

Villanova Law Review

No abstract provided.


Constitutional Law - Fourth Amendment - Conduct Of An Effective Foreign Policy Demands That Presidential Power To Conduct Electronic Surveillance For Foreign Affaris Purposes Not Be Subjected To Warrant Requirement, And That Subsequent Judicial Review Be Limited, Mark R. Cuker Jan 1974

Constitutional Law - Fourth Amendment - Conduct Of An Effective Foreign Policy Demands That Presidential Power To Conduct Electronic Surveillance For Foreign Affaris Purposes Not Be Subjected To Warrant Requirement, And That Subsequent Judicial Review Be Limited, Mark R. Cuker

Villanova Law Review

No abstract provided.


Constitutional Law - Eleventh Amendment - No Waiver Of Sovereign Immunity Implied From State's Entrance Into A Federally Regulated Area Unless There Exists An Express Private Right Of Action Against The State, Anthony A. Desabato Jan 1974

Constitutional Law - Eleventh Amendment - No Waiver Of Sovereign Immunity Implied From State's Entrance Into A Federally Regulated Area Unless There Exists An Express Private Right Of Action Against The State, Anthony A. Desabato

Villanova Law Review

No abstract provided.


A Drug Addict's Right To Anonymity, Anthony A. Desabato Jan 1974

A Drug Addict's Right To Anonymity, Anthony A. Desabato

Villanova Law Review

No abstract provided.