Digital Commons Network^™

A Restatement Of The Intended Meaning Of The Establishment Clause In Relation To Education And Religion, John Remington Graham

BYU Law Review

No abstract provided.

Strict Liability Versus Negligence: An Economic Analysis Of The Law Of Libel, Gary L. Lee

BYU Law Review

No abstract provided.

Federal Judicial Review Jurisdiction Under The Federal Court Act: When Is A "Federal Board, Commission Or Other Tribunal" Not A "Federal Board, Commission Or Tribunal"?, R. A. Macdonald

Dalhousie Law Journal

The precise scope of the judicial review jurisdiction of the Federal Court has always been a matter of some doubt and controversy.' Over the past decade problems have arisen with respect to federal reviewability of decisions of the Governor-in-Council, 2 of section 96 judges, 3 of Canadian Crown corporations, 4 of various officials in the North-West Territories, 5 and of decision-makers acting pursuant to the federal power over Indians. 6 In many of these cases, seemingly conflicting judicial decisions as to the effect of section 2(g) of the Federal Court Act 7 have been rendered: sometimes courts have been uncertain …

From Estes To Chandler: Shifting The Constitutional Burden Of Courtroom Cameras To The States, Margot Pequignot

Florida State University Law Review

No abstract provided.

Picketing At The Secondary: Retail Store And The Right To Publicize, Edward N. Rogalin

Buffalo Law Review

No abstract provided.

Survey Of Developments In The Fourth Circuit: 1980

West Virginia Law Review

No abstract provided.

Reflections On Alfred Hill's "Testimonial Privilege And Fair Trial", Peter Westen

University of Michigan Journal of Law Reform

I have learned a great deal from "Testimonial Privilege and Fair Trial"-as I always do from Professor Hill's work. Indeed, he has changed my way of thinking in this area in several important respects. At the same time, I come to rather different conclusions than he regarding each of his three major topics. Part I of this article examines the problem of finding a "remedy" for testimonial privileges that violate a defendant's right to a fair trial. Part II discusses the problem of determining when a defendant is entitled to assert that the "right" has been violated. Finally, Part III …

Beyond Custody: Expanding Collateral Review Of State Convictions, Timothy C. Hester

University of Michigan Journal of Law Reform

This article advocates extension of collateral review to embrace all parties alleging deprivation of federally guaranteed rights in the state criminal process, regardless of whether the party fulfills the habeas corpus custody requirement. Part I assesses the sufficiency of Supreme Court certiorari jurisdiction to monitor adequately state adjudications of federal constitutional rights, coupled with an evaluation of the technical competency and institutional posture of state courts. Part II examines the significance of the custody limitation on collateral review, both as a substantive element of habeas corpus relief and as a mechanism for funnelling limited judicial resources. Part III presents two …

Summer V. Mata: Twilight's Last Gleaming For Federal Habeas Corpus Review Of State Court Convictions - Speculations On The Future Of The Great Writ, Jason G. Reynolds

University of Arkansas at Little Rock Law Review

No abstract provided.

Criminal Procedure - The Automatic Standing Rule In Possession Cases Is Overruled, Timothy D. Brewer

University of Arkansas at Little Rock Law Review

No abstract provided.

The Zone Of Interests Component Of The Federal Standing Rules: Alive And Well After All, Robert H. Marquis

University of Arkansas at Little Rock Law Review

No abstract provided.

Faces Without Features: The Surface Validity Of Criminal Inferences, Peter Lushing

Articles

The article critiques the Supreme Court's decision in County Court v. Allen, arguing that the Court's approach to evaluating instructed inferences in criminal cases undermines the integrity of the fact-finding process. The central concern is that the Court's methodology, which assesses inferences as applied rather than on their face, fails to address the potential irrationality of such inferences and the pressure they may exert on jurors to convict without thorough consideration of the evidence. The article advocates for a more rigorous standard to ensure the rationality and constitutionality of instructed inferences in criminal trials.

V. Constitutional Law

Washington and Lee Law Review

No abstract provided.

Constitutional Law—State Sovereign Immunity—Nevada V. Hall, 440 U.S. 410 (1979), Richard H. Pierson

Washington Law Review

The doctrine of state sovereign immunity in the courts of another state and the federal courts will be examined in section I of this casenote. In section II, the Court's reasoning in Nevada v. Hall will be discussed. The Court's conclusion that the Constitution places no limit on a state court's jurisdiction over a sister state will be challenged in part A of section III. The ambiguities in the Hall opinion that render the scope of a state court's jurisdiction uncertain and the desirability of limiting that jurisdiction will be examined in part B of section III. Finally, this note …

Constitutional Law—State Sovereign Immunity—Nevada V. Hall, 440 U.S. 410 (1979), Richard H. Pierson

Washington Law Review

The doctrine of state sovereign immunity in the courts of another state and the federal courts will be examined in section I of this casenote. In section II, the Court's reasoning in Nevada v. Hall will be discussed. The Court's conclusion that the Constitution places no limit on a state court's jurisdiction over a sister state will be challenged in part A of section III. The ambiguities in the Hall opinion that render the scope of a state court's jurisdiction uncertain and the desirability of limiting that jurisdiction will be examined in part B of section III. Finally, this note …

Carlson V. Green: The Inference Of A Constitutional Cause Or Action Despite The Availability Of A Federal Tort Claims Act Remedy, Gregory P. Williams

William & Mary Law Review

No abstract provided.

The Commerce Clause And The Balancing Approach: The Delineation Of Federal And State Interests: United Transportation Union V. Long Island Rail Road, Guy P. Kroesche

BYU Law Review

No abstract provided.

Village Of Schaumburg V. Citizens For A Better Environment, 444 U.S. 620 (1980), Janet Jacobowitz

Florida State University Law Review

Constitutional Law-FREEDOM OF SPEECH-ORDINANCE RESTRICTING SOLICITATION OF FUNDS BY CHARITIES RESTRICTS FREEDOM OF SPEECH

Rhode Island V. Innis: “Offhand Comments” Or “Interrogation”?, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

The Military Justice System And The Right To Trial By Jury: Size And Voting Requirements Of The General Courts-Martial For Service Connected Civilian Offenses, Frank J. Chmelik

UC Law Constitutional Quarterly

No abstract provided.

Indianapolis Desegregation: Segregative Intent And The Interdistrict Remedy, Susan P. Stuart

Law Faculty Publications

No abstract provided.

Constitutional Law - Police Power - Equal Protection - Voluntary Deviate Sexual Intercourse Statute, Louis Bader

Duquesne Law Review

The Pennsylvania Supreme Court has held that the Pennsylvania voluntary deviate sexual intercourse statute is beyond the valid exercise of the state's police power and is violative of the equal protection clauses of the Constitution of the United States and the Constitution of the Commonwealth of Pennsylvania.

Commonwealth v. Bonadio, 490 Pa. 91, 415 A.2d 47 (1980).

Constitutional Law - Mootness - Personal Stake - Class Actions, Thomas F. Smida

Duquesne Law Review

The United States Supreme Court has held that an action brought on behalf of a class may be appealed upon expiration of the named plaintiffs substantive claim even though the class certification has been denied.

United States Parole Commission v. Geraghty, 445 U.S. 388 (1980).

Standing Up For Fourth Amendment Rights: Salvucci, Rawlings, And The Reasonable Expectation Of Privacy (Comment), Elizabeth Brandt

Articles

The initial inquiry a court must make before considering a motion to suppress evidence based on an unreasonable search and seizure is whether the individual has standing under the fourth amendment. This Note examines the historical development of the standing doctrines leading to the reasonable expectation of privacy test adopted by the Supreme Court in Rakas v. Illinois. The Note also identifies the problems created by the Court's far-reaching application of this test. The author concludes that the overall effect of recent decisions may be to limit the number of defendants able to assert fourth amendment claims, since suppression hearing …

Land Use Takings: The Compensation Issue, Daniel R. Mandelker

UC Law Constitutional Quarterly

No abstract provided.

Impermissible Reverse Discrimination V. Allowable Affirmative Action: The Supreme Court Upholds Racial Classifications, 14 J. Marshall L. Rev. 491 (1981), Margery Sabian

UIC Law Review

No abstract provided.

Griffin V. California: Still Viable After All These Years, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

The Expanding Influence Of The Federal Magistrate, 14 J. Marshall L. Rev. 465 (1981), Thomas J. Platt

UIC Law Review

No abstract provided.

The Constitutionality Of Special Interrogatories Under The Illinois Civil Practice Act, 14 J. Marshall L. Rev.761 (1981), Joseph F. Vosicky Jr.

UIC Law Review

No abstract provided.

Inverse Condemnation As A Remedy For Regulatory Takings, Roger A. Cunningham

UC Law Constitutional Quarterly

No abstract provided.