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Articles 13351 - 13380 of 15646
Full-Text Articles in Entire DC Network
"The Right Of The People": Reconciling Collective And Individual Interests Under The Fourth Amendment, Donald L. Doernberg
"The Right Of The People": Reconciling Collective And Individual Interests Under The Fourth Amendment, Donald L. Doernberg
Elisabeth Haub School of Law Faculty Publications
Professor Doernberg examines a tension within fourth amendment jurisprudence and sugqests a means of resolving it. On the one hand, the Supreme Court has conferred fourth amendment standing only upon those whose personal privacy interests have been disturbed. On the other hand, the Court has allowed such persons to invoke the exclusionary rule only in circumstances where, in the Court's view, it would serve as an effective deterrent. Professor Doernberg traces these two po1icies to different conceptions of the fourth amendment: the first interprets the amendment as a guarantor of individual rights; the second construes it as an instrument for …
The Dimensions Of A Journalist's Shield—First Amendment Protection For The Constitutionality Of News Sources Against Requests For Court-Ordered Disclosure In Civil Cases, Frank Van Dusen
Seattle University Law Review
This comment suggests a test in civil cases that enables a court to determine if there is a first amendment interest in protecting a source’s confidentiality. If a journalist can demonstrate this interest, then the burden shifts to the litigant seeking disclosure. This comments suggests three criteria through which the litigant must persuade the court that the state’s interest outweighs the first amendment interest. The test suggested by this comment should increase protection for the first amendment interest by decreasing the number of disclosure orders issued and by giving journalists and their confidential sources a basis for predicting in advance …
A Free Press: The Forgotten Issue In Home Placement V. Providence Journal, Robert J. Curran
A Free Press: The Forgotten Issue In Home Placement V. Providence Journal, Robert J. Curran
Seattle University Law Review
This Note demonstrates that the court's decision in Home Placement did infringe upon protected first amendment activity. Since free speech and free press guarantees were threatened by the government's action, the court should have balanced the competing interests and held in favor of Home Placement only upon a showing of a compelling state interest. After examining the interests of the advertiser, the reader, the government, and the newspaper, this Note concludes that the newspaper's right to control its message and to make editorial decisions free from the threat of governmental interference overbalance the antitrust claim made in this case. A …
Constitutional Law - Freedom Of Speech - Township Ordinance Prohibiting Distribution Of Advertising Materials By Depositing Them On Premises Without Homeowner's Consent Violates The First And Fourteenth Amendments, J. Gordon Cooney Jr.
Villanova Law Review (1956 - )
No abstract provided.
The Constitutionality Of The Federal Magistrate System After The Northern Pipeline Decision, Kenneth J. Phelan
The Constitutionality Of The Federal Magistrate System After The Northern Pipeline Decision, Kenneth J. Phelan
Villanova Law Review (1956 - )
No abstract provided.
California Teachers Association V. Riles: California Sets A New Standard For Public Aid To Parochial Schools, Carol A. Opotow
California Teachers Association V. Riles: California Sets A New Standard For Public Aid To Parochial Schools, Carol A. Opotow
UC Law Constitutional Quarterly
No abstract provided.
Campaign Finance, Communications And The First Amendment, Bob Packwood
Campaign Finance, Communications And The First Amendment, Bob Packwood
UC Law Constitutional Quarterly
No abstract provided.
Whose Federalism--The Burger Court's Treatment Of State Civil Liberties Judgments, Robert C. Welsh
Whose Federalism--The Burger Court's Treatment Of State Civil Liberties Judgments, Robert C. Welsh
UC Law Constitutional Quarterly
No abstract provided.
Economic Due Process And The Perservation Of Competition, Christopher T. Wonnell
Economic Due Process And The Perservation Of Competition, Christopher T. Wonnell
UC Law Constitutional Quarterly
No abstract provided.
Constitutional Law - Free Press/Fair Trial - The Public Has A First Amendment Right Of Access To Pretrial Suppression, Due Process, And Entrapment Hearings, Stephen V. Siana
Constitutional Law - Free Press/Fair Trial - The Public Has A First Amendment Right Of Access To Pretrial Suppression, Due Process, And Entrapment Hearings, Stephen V. Siana
Villanova Law Review (1956 - )
No abstract provided.
An Examination Of Immunity For Federal Executive Officials, Paul J. Kennedy
An Examination Of Immunity For Federal Executive Officials, Paul J. Kennedy
Villanova Law Review (1956 - )
No abstract provided.
Constitutional Law - Freedom Of Speech - Since Advertising Display Areas In Federally-Owned Airports Are Public Forums, The Government's Prohibition Of Political Advertisements Violates The First Amendment, Karen L. Masterson
Villanova Law Review (1956 - )
No abstract provided.
Interpretation In Law - Toward A Reconstruction Of The Current Debate, Dennis M. Patterson
Interpretation In Law - Toward A Reconstruction Of The Current Debate, Dennis M. Patterson
Villanova Law Review (1956 - )
No abstract provided.
And The Whole Earth Was One Of Language - A Broad View Of Dispute Resolution, Henry H. Perritt Jr.
And The Whole Earth Was One Of Language - A Broad View Of Dispute Resolution, Henry H. Perritt Jr.
Villanova Law Review (1956 - )
No abstract provided.
Constitutional Law - First Amendment - New York Statute Proscribing Distribution Of Nonobscene Materials Depicting Minors Engaged In Sexual Conduct Does Not Violate The First Amendment Because The Materials Are Outside First Amendment Protection And The Statute Is Not Substantially Overboard, Cynthia A. Jaworski
Villanova Law Review (1956 - )
No abstract provided.
The Power Of State Legislatures To Subpoena Federal Officials, Michael Vitiello
The Power Of State Legislatures To Subpoena Federal Officials, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
The Rights Of Probationary Federal Employee Whistleblowers Since The Enactment Of The Civil Service Reform Act Of 1978, Benjamin C. Indig
The Rights Of Probationary Federal Employee Whistleblowers Since The Enactment Of The Civil Service Reform Act Of 1978, Benjamin C. Indig
Fordham Urban Law Journal
This Comment focuses on the rights, since the passage of the Civil Service Reform Act of 1978 (CSRA), of the probationary employee who exposes fraud and mismanagement in the federal government. It reviews the rights granted by the CSRA, as well as non-CSRA rights granted under the Privacy Act, and under the first and fifth amendments of the Constitution, including the right to sue one's supervisor in a Bivens action. Non-CSRA rights are particularly important to the whistleblower who is a probationer. The Comment concludes that the CSRA does encourage probationers, to an extent, to expose fraud and wrongdoing in …
Political Finance And The American Political Parties, David Adamany
Political Finance And The American Political Parties, David Adamany
UC Law Constitutional Quarterly
No abstract provided.
The Flag Salute Cases And The First Amendment, Stephen W. Gard
The Flag Salute Cases And The First Amendment, Stephen W. Gard
Law Faculty Articles and Essays
The flag salute cases have been a source of endless fascination for legal and historical scholars. Most of this large body of scholarship has focused on the apparent oddity of Justice Frankfurter's view that there was no constitutional infirmity in the "petty tyranny" of a governmental requirement that school children engage in a hypocritical affirmation of belief. Unfortunately, the doctrinal importance of the opinions of Justices Jackson and Frankfurter in the flag salute cases as contrasting statements on the interpretation of the freedom of speech guarantee of the first amendment and the function of the judiciary in preserving our most …
Implying A Private Cause Of Action Under Title Vi, Sheldon Joel Tepler
Implying A Private Cause Of Action Under Title Vi, Sheldon Joel Tepler
University of Arkansas at Little Rock Law Review
No abstract provided.
The Creeping Eruption Of Mt. Healthy, Morell E. Mullins Sr.
The Creeping Eruption Of Mt. Healthy, Morell E. Mullins Sr.
Law Faculty Scholarship
No abstract provided.
Constitutional Litigation In Federal And State Courts: An Empirical Analysis Of Judicial Parity, Michael E. Solimine, James L. Walker
Constitutional Litigation In Federal And State Courts: An Empirical Analysis Of Judicial Parity, Michael E. Solimine, James L. Walker
UC Law Constitutional Quarterly
No abstract provided.
The Effective Assistance Of Counsel: Chance Or Guarantee?, Joanne Legano
The Effective Assistance Of Counsel: Chance Or Guarantee?, Joanne Legano
Fordham Urban Law Journal
This Comment reviews the historical development of the right to effective assistance of counsel for criminal defendants as defined by the Supreme Court, and discusses the various standards applied by lower federal courts. This Comment next examines United States v. Decoster, which provides the most comprehensive judicial analysis of the right to effective assistance of counsel at this juncture in time. The standards applied by the New York State courts are also analyzed. Finally, the author recommends uniform guidelines for evaluating claims of ineffective assistance of counsel.
First Amendment Challenges To Landmark Preservation Statutes, Stephen M. Watson
First Amendment Challenges To Landmark Preservation Statutes, Stephen M. Watson
Fordham Urban Law Journal
The Interfaith Commission, religious leaders deeply concerned with the problems associated with the landmarking of religious properties, have recognized that the prohibition against demolition or alteration of landmarked religious properties effectively destroys their value. Additionally, the religious organizations are required to expend thousands of dollars of religious contributions to maintain these landmarks for the public benefit, in accordance with the regulations of the Landmarks Commission. This Comment focuses on the constitutionality of landmark preservation statutes as applied to religious properties. Using New York City as a model, this Comment examines the myriad problems presented by the landmarking of religious properties. …
Accomodation Of Reputational Interests And Free Press: A Call For A Strict Interpretation Of Gertz, Tom Wall
Accomodation Of Reputational Interests And Free Press: A Call For A Strict Interpretation Of Gertz, Tom Wall
Fordham Urban Law Journal
New York Times Co. v. Sullivan provides that states may award damages in defamation actions brought by public officials against media critics of their official conduct only if the plaintiff proves that the defendant acted with "actual malice." Subsequently, the Supreme Court extended this rule to public figures and promulgated standards for identifying public figures. The Court declared unconstitutional the common law standard of strict liability in actions brought by private individuals. Establishing negligence as a constitutional minimum, the Court delegated to the states the responsibility for formulating the proper standard of fault in actions brought by private individuals. This …
The New Supreme Court Commentators: The Principled, The Political, And The Philosophical, Laurence E. Wiseman
The New Supreme Court Commentators: The Principled, The Political, And The Philosophical, Laurence E. Wiseman
UC Law Constitutional Quarterly
No abstract provided.
The Balanced Budget/Tax Limitation Amendment, David Dreier, William Craig Stubblebine
The Balanced Budget/Tax Limitation Amendment, David Dreier, William Craig Stubblebine
UC Law Constitutional Quarterly
No abstract provided.
Ballot Propositions: The Challenge Of Direct Democracy To State Constitutional Jurisprudence, James M. Fischer
Ballot Propositions: The Challenge Of Direct Democracy To State Constitutional Jurisprudence, James M. Fischer
UC Law Constitutional Quarterly
No abstract provided.
A Unified Theory Of The First Amendment:, Mark S. Nadel
A Unified Theory Of The First Amendment:, Mark S. Nadel
Fordham Urban Law Journal
The Supreme Court presently permits reasonable regulation of access in the broadcasting media; it nevertheless allows print publishers to foreclose such access. Although this approach has been praised by some, and a doctrine can only survive if there is a clear distinction between the print and broadcast media. In today's rapidly developing communications industry, the distinction between these converging media is unstable and inadequate. The increasing significance of cable television in particular has created a pressing need to replace the fragile double standard with a unified, all encompassing theory. This Article proposes such a unified theory after first drawing the …
Disenfranchisement Of The College Student Vote: When A Resident Is Not A Resident, Joseph A. Bollhofer
Disenfranchisement Of The College Student Vote: When A Resident Is Not A Resident, Joseph A. Bollhofer
Fordham Urban Law Journal
The standards used by state and local election officials to determine whether students may vote as residents of the communities in which they attend college vary significantly among the fifty states. Two fundamental rights conflict in determining whether college students should be entitled to vote as residents of their college communities: the right of students to equal protection of the laws and eh right of states to limit the right to vote to bona fide residents. This Comment demonstrates the need for the education of election officials and college students in the common law principles of domicile. Moreover, it will …