Digital Commons Network^™

The Role Of Ideas In Legal History, Jay M. Feinman

Michigan Law Review

A review of Patterns of American Legal Thought by G. Edward White

Equal Protection For Illegitimate Children: A Consistent Rule Emerges, Scott E. Isaacson

BYU Law Review

No abstract provided.

Reforming The Federal Grand Jury And The State Preliminary Hearing To Prevent Conviction Without Adjudication, Peter Arenella

Michigan Law Review

It is this Article's thesis that the substitution of plea-bargaining for the criminal trial as our primary method for determining legal guilt requires a fundamental reassessment of our pretrial screening processes. In a system where the prosecutor's decision to file charges is usually followed by a negotiated guilty plea, we can no longer pretend that the pretrial process does not adjudicate the defendant's guilt. Accordingly, this Article argues that it no longer makes sense to rely primarily on the trial to safeguard essential accusatorial principles when pretrial screening devices like the preliminary hearing and the grand jury perform the only …

Remedies And Damages For Violation Of Constitutional Rights, Frank M. Mcclellan, Phoebe Haddon Northcross

Duquesne Law Review

No abstract provided.

Constitutional Law - Civil Rights Action - Federal Court Review Of State Statutes - Abstention, David C. Levenreich

Duquesne Law Review

The United States Supreme Court has held that federal courts must abstain from intervention into pending state proceedings under the Younger doctrine when the federal plaintiff has an available state court opportunity to raise his federal constitutional claim.

Moore v. Sims, 99 S. Ct. 2371 (1979)

A Review Of Prisoners' Rights Under The First, Fifth, And Eighth Amendments, Judith Ann Mackarey

Duquesne Law Review

No abstract provided.

A Comparative Study Of Judicial Review Under Nationalist Chinese And American Constitutional Law, Jyh-Pin Fa

Maryland Series in Contemporary Asian Studies

No abstract provided.

Constitutional Law - Sixth Amendment - Waiver Of The Right To Counsel, Anthony M. Bittner

Duquesne Law Review

The Supreme Court of the United States has held that an explicit statement of waiver is not necessary to support a finding that a defendant waived the right to remain silent or the right to counsel guaranteed by

Miranda v. Arizona. North Carolina v. Butler, 441 U.S. 369 (1979).

Racial Preference And The Constitution: The Societal Interest In The Equal Participation Objective, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

Judge Wright And The First Amendment, John P. Frank

UC Law Constitutional Quarterly

No abstract provided.

The Great Executive Hand Of Criminal Justice: The Crime Problem And The Activist Judge, Martin Lyon Levine

UC Law Constitutional Quarterly

No abstract provided.

5. Social Inquiry: Instructional Manual To Accompany 'Mark', Matthew Lipman, Ann Margaret Sharp

Secondary School Curriculum

The task of social studies as a discipline is to focus students’ already developed thinking skills upon the conceptual foundation of the social sciences. Students will think about these underlying concepts if they can talk about them, and they will talk about what they perceive as controversial or problematic. This, then, is what Mark and Social Inquiry aim to do: to identify selected root issues in the social sciences and expose to students the conflicting concepts at the heart of each issue.

Hutchinson V. Proxmire: The Vanishing Immunity Under The Speech Or Debate Clause, 14 J. Marshall L. Rev. 263 (1980), David M. Sweet

UIC Law Review

No abstract provided.

Mackey V. Montrym - Due Process Limits On The Use Of Interest Balancing, 13 J. Marshall L. Rev. 441 (1980), Joyce E. Heinzerling

UIC Law Review

No abstract provided.

The Privilege Against Self-Incrimination In Civil Commitment Proceedings, Marianne Wesson

Publications

No abstract provided.

The Broadening Of The Pentagon Papers Standard: An Impermissible Misapplication Of The National Security Exception To The Prior Restraint Doctrine, Sherrie L. Bennett

Seattle University Law Review

This comment examines the history of the national security exception to the prior restraint rule and discusses the elements of the Pentagon Papers standard in the context of the Marchetti and Progressive opinions. Application of those elements to the reasoning of the cases demonstrates the failure of these lower courts to follow the Supreme Court's strict view of when restraint is justified. Examining the theoretical basis underlying the first amendment, the comment concludes that strict application of the Pentagon Papers standard is essential to continuing protection of the American people's right to be informed of government activities.

Constitutional Law - Attorneys' Right To Free Speech Versus Protection Of Fair Trial - Dr 7-107 Restricting Attorneys' Speech During Pending Litigation Only Constitutional To Protect Criminal Jury Trial From Reasonable Likelihood Of Prejudice, Eugene Hamill

Villanova Law Review (1956 - )

No abstract provided.

Civil Procedure - Quasi In Rem Jurisdiction - Assertion Of Quasi In Rem Jurisdiction Under Rule Of Seider V. Roth Held Violative Of Due Process Clause, Richard Goldstein

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - First Amendment - The Public And Press Have A Right Of Access To Criminal Trials Absent An Overriding Interest Articulated In Findings, Bucky Mansuy

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - Due Process - Minor Child May Be Voluntarily Committed To Mental Institution By Parents Or Guardian Following Precommitment Approval By A Staff Psychiatrist, Provided That The Child's Condition Is Then Periodically Reviewed, Helene M. Koller

Villanova Law Review (1956 - )

No abstract provided.

Fda, Epa, And Osha Inspections - Practical Considerations In Light Of Marshall V. Barlow's, Inc.

Maryland Law Review

No abstract provided.

Foreword: Evaluating The Work Of The New Libertarian Supreme Court, John E. Nowak

UC Law Constitutional Quarterly

No abstract provided.

Supreme Court Review: 1978-79 Term, Berndt I. Brauer

UC Law Constitutional Quarterly

No abstract provided.

Mental Patients' Rights To Refuse Drugs: Involuntary Medication As Cruel And Unusual Punishment, Elizabeth Symonds

UC Law Constitutional Quarterly

No abstract provided.

The Right Of Privacy: A Black View Of Griswold V. Connecticut, Morgan D. S. Prickett

UC Law Constitutional Quarterly

No abstract provided.

Nonpartisan Speech In The Police Department: The Aftermath Of Pickering, Kevin William Finck

UC Law Constitutional Quarterly

No abstract provided.

4. Mark (Novel), Matthew Lipman

Secondary School Curriculum

The high school has been vandalized, and Mark is arrested at the scene of the crime. He claims he is a “victim of society.” But what is society? What forces hold it together or work to pull it apart? These are questions to which Mark and his classmates address themselves. What they seek are ways of evaluating social institutions, rules and values, so as to determine how well society is able to live up to the ideals which, at one time or another, have been set for it. They pay particular attention to the nature of law and crime, tradition, …

Federal Communications Commission - Fairness Doctrine - Requirement That A Fairness Doctrine Complaint Establish A Prima Facie Case Defining A Specific Issue, Doris Del Tosto

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Limits On State Regulatory And Protectionist Policies, Peter M. Gerhart

Faculty Publications

My theme throughout is this: Although the Supreme Court's sometimes timid review of state regulatory legislation may be explained by its continued allergic reaction to economic due process review, that timidity is often unwarranted because the Constitution does embody several principles that protect the free market from some forms of state intervention.

Constitutional Law - State Action - Participation By State Racing Officials In Racetrack's Decision To Terminate Private Stall Agreement Constitutes State Action, Helene M. Koller

Villanova Law Review (1956 - )

No abstract provided.