Digital Commons Network^™

Domestic Relations--The Right Of A Married Woman To Retain Her Maiden Name, Diana L. Fuller

West Virginia Law Review

No abstract provided.

Prisoner's Rights--The Need For An Inmate Grievance Commission In West Virginia, Thomas W. Kupec

West Virginia Law Review

No abstract provided.

Elimination Of Arbitrary Automobile Stops: Theory And Practice, Gary D. Stumpp

Fordham Urban Law Journal

The authority of the police to enforce the statutory restrictions governing vehicle and traffic laws has often been considered to be concomitant with a right to stop motorists arbitrarily to determine their compliance. Recently, some courts have eroded this power, to protect the constitutional rights guaranteed to individuals under the fourth amendment. In their consideration of these arbitrary automobile stops, the courts have utilized a balancing process. They consider the state interest in promoting public safety on the highways through the guaranteed enforcement of the relevant laws, as well as the duty of the police to detect and control crime. …

Memorandum, Gay Alliance Of Students V. Matthews, United States District Court For The Eastern District Of Virginia Richmond Division, 1975 November 7

VCU Gay Alliance of Students Collection

Twenty-two typewritten pages and two handwritten pages (on the back of typewritten pages) memorandum by Judge D. Dortch Warriner, United States District Judge, in regards to Gay Alliance of Students v. Matthews.

Non-Conforming Political Opinion And Human Rights: Transnational Protection Against Discrimination, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Federal And State Services And The Maine Indian : A Report, United States Commission On Civil Rights. Maine Advisory Committee

Maine Collection

Federal and State Services and the Maine Indian : A Report.

"A report of the Maine Advisory Committee to the United States Commission on Civil Rights prepared for the information and consideration of the Commission. This report will be considered by the Commission, and the Commission will make public its reaction. In the meantime, the findings and recommendations of this report should not be attributed to the Commission, but only to the Maine Advisory Committee. December 1974."

The Right Of Married Women To Assert Their Own Surnames, Roslyn Goodman Daum

University of Michigan Journal of Law Reform

This article, then, will attempt to frame the issues involved in the name change controversy and to suggest not only ways to implement reforms, but also the consequences attending these measures. Massachusetts has been chosen as the setting for an in-depth analysis of each problem, and examples of legislative, judicial, and administrative action in that state will be interspersed throughout. The results of the efforts in Massachusetts may be politically and legally instructive for people with similar interests in other jurisdictions.

Married Woman's Right To Her Maiden Name: The Possibilities For Change, Linda J. Mead

Buffalo Law Review

No abstract provided.

Legal Rights In A Juvenile Correctional Institution, Matthew L. Myers

University of Michigan Journal of Law Reform

This article focuses on the effect on juvenile correctional institutions of the erosion of the "hands-off" doctrine and the introduction of procedural safeguards in the juvenile justice system. In so doing, the article examines the difficulties inherent in any attempt to reform institutional practices and procedures to accommodate the goals of the juvenile correctional model. In the juvenile context, the extent to which fundamental rights need or may be abrogated to allow the institution freedom to rehabilitate and treat its inmates is crucial. Therefore, this article examines three areas involving fundamental constitutional rights: imposition of punitive segregation, freedom of communication, …

Using Statistical Evidence To Enforce The Laws Against Discrimination, Kenneth Montlack

Cleveland State Law Review

In actions brought under a variety of federal statutes barring racial discrimination, the federal judiciary has increasingly relied upon statistical evidence in determining the existence of unlawful discrimination. This article will seek to identify the nature and extent of such reliance on statistical evidence, discuss the reasons for the increasing use of statistical evidence, analyze the significance of the increase, and explore the potential for using statistical evidence in actions by the Ohio Civil Rights Commission.

Collateral Challenges To Criminal Convictions, Keith G. Meyer, Larry Yackle

Faculty Scholarship

The Kansas Defender Project is a clinical program sponsored by the University of Kansas School of Law. The Project provides student legal services to indigent prison inmates at the United States Penitentiary at Leavenworth and the Kansas State Penitentiary at Lansing, Kansas. Launched in 1965 through the efforts of Paul E. Wilson, Kane Professor of Law, the Project has since been a model for similar clinical undertakings at law schools across the country.

Gagnon V. Scarpelli, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Pennsylvania Project - A Practical Analysis Of The Pennsylvania Rent Withholding Act, David F. Girard-Dicarlo, James S. Green, Alan J. Hoffman, William F. Holsten

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - State Action - Closing Rather Than Desegregating Recreational Facilities. Palmer V. Thompson, 91 S. Ct. 1940 (1971), Thomas W. Wright

William & Mary Law Review

No abstract provided.

Representation For The Poor In State Rulemaking, Allan Ashman

Vanderbilt Law Review

After a violent summer of urban unrest and civil disorder, President Johnson established the National Advisory Commission on Civil Disorders in 1967 to find out what happened in our nation's cities, why it happened, and to suggest ways to prevent it from occurring again. One of the findings of the Commission was that from the vantage point of the poor ghetto resident, local government was distant and unconcerned.For the poor person, particularly the poor black ghetto resident, the possibility for effective change either in his personal life style or in the political system appeared remote.' Reflecting upon this gulf between …

Civil Rights--Segregation--Federal Income Tax: Exemptions And Deductions--The Validity Of Tax Benefits To Private Segregated Schools, Michigan Law Review

Michigan Law Review

In granting the preliminary injunction, the district court found that plaintiffs were asserting a substantial constitutional claim and had a reasonable possibility of success. Balancing the equities of the parties, the court decided that the possibility of significant adverse effect on the Commissioner and schools awaiting tax benefits was not great and was in any event far outweighed by the harm which could result from a denial of the requested relief pendente lite. Thus, the court found that the threat of irreparable injury justified the issuance of a preliminary injunction. The propriety of the court's decision to grant a preliminary …

Damages In Housing Discrimination Cases, James A. Ciocia

Cleveland State Law Review

The existance of a shortage of adequate housing in the United States has further intensified the problems of those who suffer most when there is a shortage of anything-the minority groups. ... Contributing to the awareness of the public is the salient fact that within the last ten years there has been a consistent increase in the number of court cases dealing with housing discrimination. The scope of these cases has expanded from what had been a broad interpretation of public accommodation statutes to the award of damages, both compensatory and punitive, for private acts of discrimination which allegedly precipitated …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Bar Admissions-The Character Investigation as an Unconstitutional Scheme to Promote Conformity: Comment on "LSCRRC v. Wadmond"

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Civil Rights--Desegregation--HEW is Required to Make a Program-by-Program Finding of Discrimination in Order to Terminate Federal Funds Under Title VI of the Civil Rights Act of 1964

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Constitutional Law--Civil Rights-Section 1985(3) Does Not Reach Private Conspiracies

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Constitutional Law--Criminal Procedure--Sixth Amendment Does Not Require Right to Counsel for In-Custody Suspects at Photographic Identifications

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Constitutional Law--Equal Protection--States May Not Require More Than a Simple Majority to Authorize Local Bond Issues and Tax Levies Through Popular Election

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Constitutional Law--Reapportionment--Multi-Member Districts Which Minimize …

Duty To Provide Equal Protection: Police Officer's Liability For Non-Feasance Under Section 1983 Of The Federal Civil Rights Act, Stephen C. Eastham

Indiana Law Journal

No abstract provided.

Deficiencies In The Civil Rights Act Of 1964 Title Vii, Equal Employment Opportunity, Marvin House

North Carolina Central Law Review

No abstract provided.

Law Enforcement In The Administration Of Justice, James C. Corman

William & Mary Law Review

No abstract provided.

Human Rights: A Tide In The Affairs Of Men, Paul G. Kauper

Georgia Law Review

MANY movements are discernible in these turbulent days of social change and revolution. Not the least is a great tidal movement, global in its dimensions, for the articulation, extension and more effective vindication of human rights. The celebration in 1968 of the twentieth anniversary of the adoption by the United Nations Assembly of the Declaration of Human Rights riveted special attention on the human rights movement and makes this subject particularly appropriate. Since the phrasing is so apt to describe the situation, I hope I shall be forgiven for cribbing a part of Shakespeare's familiar sentence and using it in …

The Effect Of The First Amendment On Federal Control Of Draft Protests, Frederick C. Moss

Villanova Law Review (1956 - )

No abstract provided.

Marijuana And The Law: The Constitutional Challenges To Marijuana Laws In Light Of The Social Aspects Of Marijuana Use, Mark S. Dichter

Villanova Law Review (1956 - )

No abstract provided.

The Development Of The Right Of Assembly - A Current Socio-Legal Investigation, George P. Smith Ii

William & Mary Law Review

No abstract provided.

Book Review Of Political And Civil Rights In The United States, Morris D. Forkosch

William & Mary Law Review

No abstract provided.

Elfbrandt V. Russell: The Demise Of The Loyalty Oath, Jerold H. Israel

Articles

In Elfbrandt v. Russell, the Supreme Court, in a 5-to-4 decision, declared unconstitutional Arizona's requirement of a loyalty oath from state employees. At first glance, Elfbrandt appears to be just another decision voiding a state loyalty oath on limited grounds relating to the specific language of the particular oath. Yet, several aspects of Mr. Justice Douglas' opinion for the majority suggest that Elfbrandt is really of far greater significance: it may sharply limit the scope and coverage of loyalty oaths generally and, indeed, may presage a ruling invalidating all such oaths. Of course, only the Supreme Court can determine this. …

Order And Civil Liberties: A Complex Role For The Police, George Edwards

Michigan Law Review

The Honorable Edward J. Jeffries was Mayor of the City of Detroit at the time. He was a great mayor; but he had not known that this terror was imminent or that it was even possible. This attitude was shared by most of the city's residents, and to say that Detroit was not ready for this outburst of racial strife would be to put it mildly. In this respect, every mayor in America would find it useful to read a recent journalistic account of the events of that twenty-four-hour period. The authors of this commentary were not very kind in …

State Public Accommodations Laws, Fundamental Liberties And Enforcement Programs, Wallace F. Caldwell

Washington Law Review

This article purports to investigate state legislation which prohibits discrimination in public accommodations and some of the more important administrative efforts which have been undertaken to implement these statutes. More specifically, the article attempts to: (1) summarize legislation currently in effect which prohibits discrimination in public accommodations; (2) investigate litigation, which has contested public accommodations statutes in order to determine whether the statutes threaten wider and more fundamental liberties; and (3) review some of the main activities of anti-discrimination commissions—agencies which have undertaken to execute or apply public accommodation laws.

The Constitution And Job Discrimination, Vern Countryman

Washington Law Review

I should perhaps state the assumptions from which my discussion proceeds. I view discrimination on the basis of race, color, national origin or creed as an intolerable practice and a mockery of our national aspirations whether it occurs in the field of employment or elsewhere. The continuation of such practices more than 100 years after the Emanicipation Proclamation seems to me a national disgrace whose elimination cannot longer await the general enlightenment of all parts of the nation. The full powers of government should be brought to bear against such discriminatory practices. And in my search for the most effective …