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Full-Text Articles in Jurisprudence
First Amendment; Freedom Of The Press; Erosion Of New York Times Co. V. Sullivan; Herbert V. Lando, Edward Howlett
First Amendment; Freedom Of The Press; Erosion Of New York Times Co. V. Sullivan; Herbert V. Lando, Edward Howlett
Akron Law Review
In Herbert v. Lando the Supreme Court announced that the first amendment does not require a constitutional privilege foreclosing direct inquiry into the editorial process. While the decision may seem correct in its overturning of the absolute privilege afforded to the editorial process by the Second Circuit, nevertheless, by refusing to grant even a qualified privilege to the editorial process the Court may have upset the delicate balance between an individual's interest in his reputation and society's interest in a free flow of information recognized in New York Times Co. v. Sullivan.
Equal Protection; State Alimony Statutes; Sex Discrimination; Orr V. Orr, David A. Detec, Jane L. Thomas-Moore
Equal Protection; State Alimony Statutes; Sex Discrimination; Orr V. Orr, David A. Detec, Jane L. Thomas-Moore
Akron Law Review
In Orr v. Orr the United States Supreme Court held unconstitutional the Alabama alimony statutes which provided that husbands, but not wives, may be required to pay alimony upon divorce. The Court's principal reason for so holding was the statutes' violation of the Equal Protection Clause of the fourteenth amendment on the basis of sex discrimination.
Sixth Amendment; Right To Counsel; Use Of Prior Uncounseled Convictions; Lewis V. United States And Baldasar V. Illinois, Rita Marks
Akron Law Review
Once again the Supreme Court has spoken on the issue of the right to counsel. Within three months the Court rendered two decisions which appear to be inconsistent, not only with one another, but with prior decisions of the Court
Constitutional Amendment; Rescission Of Ratification; Extension Of Ratification Period, State Of Idaho V. Freeman, John Carrol
Constitutional Amendment; Rescission Of Ratification; Extension Of Ratification Period, State Of Idaho V. Freeman, John Carrol
Akron Law Review
The court's ruling in Freeman is in conflict with both the Supreme Court's apparent trend involving article V issues, and most of the recent scholarly opinion on point. As a result of this departure, and the fact that the ERA failed to be adopted, this decision is likely to have slight precedential value. Nonetheless, the district court's discussion of the ERA in light of recent changes in the political question doctrine has significance in interpreting article V.