Digital Commons Network^™

Roberts V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

California Retail Liquor Dealers Assn. V. Midcal, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Salvucci, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

City Of Mobile, Alabama V. Bolden, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Payner, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Deposit Guaranty National Bank Of Jackson, Mississippi V. Roper, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States Parole Commission V. Geraghty, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

White Mountain Apache Tribe V. Bracker, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Lewis V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Sioux Nation Of Indians, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Consolidated Edison Of New York, Inc. V. Public Service Commission Of New York, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Listeners' Rights Providing A State Action Theory In The "Company Town" Analogues, Thomas A. Clements

Indiana Law Journal

No abstract provided.

Discovery And The First Amendment, Kevin R. Vienna

William & Mary Law Review

No abstract provided.

Fourth Amendment Standing And Expectations Of Privacy: Rakas V. Illinois And New Directions For Some Old Concepts, Richard A. Williamson

Faculty Publications

No abstract provided.

Allocation Of Peremptory Challenges Among Multiple Parties., Daniel J. Sheehan Jr., Cynthia C. Hollingsworth

St. Mary's Law Journal

Abstract Forthcoming.

The Younger Abstention Doctrine: Primary State Jurisdiction Over Law Enforcement., David A. Dittfurth

St. Mary's Law Journal

Abstract Forthcoming.

Jury Tampering - 1978 Style Lawyer's Forum., W. James Kronzer

St. Mary's Law Journal

Abstract Forthcoming.

Roe V. Wade And The Lesson Of The Pre-Roe Case Law, Richard Gregory Morgan

Michigan Law Review

The politically unsettled and judicially confused law of abortion in 1971 and 1972, when the Court twice heard arguments and deliberated Roe, should have warned it not to decide the case. By doing so; the Court thrust itself into a political debate and stunted the development of a thoughtful lower-court case law. If the Court did perceive the warnings but continued toward a decision anyway, perhaps trusting that its own considerable wits would devise an answer the lower courts had not, the result suggests that the judicial system's axioms deserve more respect than they received. This Article, by showing …

The Abortion-Funding Cases And Population Control: An Imaginary Lawsuit (And Some Reflections On The Uncertain Limits Of Reproductive Privacy), Susan Frelich Appleton

Michigan Law Review

Two issues are before us today: (I) the meaning of the term "medically necessary" in a public hospital's charter and (II) the constitutionality of state action that provides free medical treatment to indigent pregnant women seeking an abortion but denies them such assistance for prenatal care and childbirth. On the basis of recent Supreme Court authority, we find that such action violates neither the hospital's charter nor the United States Constitution.

Rewriting Roe V. Wade, Donald H. Regan

Articles

Roe v. Wade is one of the most controversial cases the Supreme Court has decided. The result in the case - the establishment of a constitutional right to abortion - was controversial enough. Beyond that, even people who approve of the result have been dissatisfied with the Court's opinion. Others before me have attempted to explain how a better opinion could have been written. It seems to me, however, that the most promising argument in support of the result of Roe has not yet been made. This essay contains my suggestions for "rewriting" Roe v. Wade

The Constitutional Rights Of Corporations Revisited: Social And Political Expression And The Corporation After First Nationial Bank V. Bellotti, Charles R.T. O'Kelley

Scholarly Works

The Supreme Court has addressed only a few occasions the extent to which corporations enjoy those constitutional rights so fundamental to private citizens. In this article Professor O'Kelley discusses the inherent difficulty in applying familiar constitutional principles to corporations and examines those cases in which the Supreme Court has either extended or denied to corporations various constitutional rights. Finding that two underlying conceptual doctrines -- the Field rational and the associational rationale -- have guided the Court in previous decisions in this area, he then applies these doctrines in an analysis of the recent Supreme Court decision in First National …

Alternatives To The Right To Strike For Public Employees: Do They Adequately Implement Florida's Constitutional Right To Collectively Bargain?, Alaine S. Williams

Florida State University Law Review

No abstract provided.

Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne

Faculty Publications

No abstract provided.

Response: Pornography And The First Amendment, Frederick Schauer

Faculty Publications

No abstract provided.

Constitutional Issues In The Reclamation Of Orphaned Mined Lands Under The Surface Mining Control And Reclamation Act Of 1977, Betsy Clare Steinfeld

West Virginia Law Review

No abstract provided.

Recent Publications, Journal Staff

Vanderbilt Law Review

Bakke, DeFunis, and Minority Admissions: The Quest for Equal Opportunity

By Allan P. Sindler.

Sindler describes the admissions programs at the Universities of Washington and California-Davis, and the respective experiences of Marco DeFunis and Allan Bakke that preceded their litigation. Then, documenting the disparity in academic qualifications between accepted minorities and rejected nonminorities, Sindler addresses the broad issue before the courts. Is the reservation of academic "places" for minorities an inherently two-track system, which operates as an illegal quota to exclude "better-qualified" applicants; or may a school utilize race as a basis for selection in order to fulfill other commitments …

Constitutional Law-Entitlement Doctrine-Michigan Compulsory No-Fault Automobile Insurance Law Violates Due Process- Shavers V. Attorney General, 402 Mich. 554, 267 N.W.2d 72 (1978).

BYU Law Review

No abstract provided.

The Ombudsman In Nova Scotia And Newfoundland, K. A. Friedmann

Dalhousie Law Journal

The Ombudsman is a relative newcomer to Canadian provincial government.' The senior Canadian Ombudsman offices are located in Alberta and New Brunswick, both ten years old. The Nova Scotia Ombudsman has functioned for six years, and Newfoundland's Parliamentary Commissioner for a mere two years. It may therefore be too early to analyze their degree of institutionalization. The concept does enable us, however, to focus our attention on the most important questions regarding the early history of the Ombudsman institution in the Maritimes. According to S. P. Huntingdon, institutionalization may be resolved into two internal components, complexity and coherence, and two …

Bolding V. Holshauser: What Remedy For Violation Of Prisoner's Eighth Amendment Rights, Marjorie Seiferheld

North Carolina Central Law Review

No abstract provided.

Arizona V. Washington, 434 U.S. 497 (1978)

Florida State University Law Review

Criminal Law-MISTRIAL DECLARATION-OVER DEFENDANT'S OBJECTION, PROSECUTION MUST DEMONSTRATE HIGH DEGREE OF MANIFEST NECESSITY OR REPROSECUTION WILL BE BARRED