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Articles 13741 - 13770 of 15628
Full-Text Articles in Entire DC Network
Rollins V. State, 354 So. 2d 61 (Fla. 1978), William Tarr
Rollins V. State, 354 So. 2d 61 (Fla. 1978), William Tarr
Florida State University Law Review
Constitutional Law-EQUAL PROTECTION-STATUTE DISTINGUISHING BETWEEN TYPES OF ESTABLISHMENTS IN WHICH BILLIARD TABLES ARE LOCATED HELD UNCONSTITUTIONAL
Justice Stevens: The First Three Terms, George C. Lamb, Iii, Charles L. Schlumberger, D. J. Simonetti, James D. Spratt Jr., Joel R. Tew, Douglas W. Ey, Jr. Special Projects Editor
Justice Stevens: The First Three Terms, George C. Lamb, Iii, Charles L. Schlumberger, D. J. Simonetti, James D. Spratt Jr., Joel R. Tew, Douglas W. Ey, Jr. Special Projects Editor
Vanderbilt Law Review
This Special Project undertakes an examination of Justice Stevens' Supreme Court opinions in an effort to identify his philosophical orientations, to evaluate the consistency of his views, and to determine the extent to which he has developed workable analytical methods. To achieve these goals, Justice Stevens' opinions are examined in three contexts: first, the area of federal-state relations,including commerce clause and supremacy clause questions; second, the individual rights area, emphasizing criminal constitutional and first amendment issues, and problems of fifth and fourteenth amendment analysis; and third, questions concerning the proper role of the Supreme Court in the constitutional scheme. Even …
Family Law–Divorce–Constitutionality Of Arkansas Property Settlement And Alimony Statutes, Gordon W. Hawthorne
Family Law–Divorce–Constitutionality Of Arkansas Property Settlement And Alimony Statutes, Gordon W. Hawthorne
University of Arkansas at Little Rock Law Review
No abstract provided.
Waiver Under The West Virginia Habeas Corpus Act, Gene R. Nichol Jr.
Waiver Under The West Virginia Habeas Corpus Act, Gene R. Nichol Jr.
West Virginia Law Review
No abstract provided.
Criminals-Turned-Authors: Victims' Rights V. Freedom Of Speech, Barbara Freedman Wand
Criminals-Turned-Authors: Victims' Rights V. Freedom Of Speech, Barbara Freedman Wand
Indiana Law Journal
No abstract provided.
Beyond Bakke: The Constitution And Redressing The Social History Of Racism, Robert Allen Sedler
Beyond Bakke: The Constitution And Redressing The Social History Of Racism, Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.
Administrative Adjudication Of Constitutional Questions: Confusion In Florida Law And A Dying Misconception In Federal Law, Alan C. Swan
Administrative Adjudication Of Constitutional Questions: Confusion In Florida Law And A Dying Misconception In Federal Law, Alan C. Swan
University of Miami Law Review
It has long been held that Florida administrative agencies are powerless to pass upon constitutional challenges to statutes. In two recent decisions, however, the Supreme Court of Florida has sanctioned an extension of this traditional rule which would prohibit Florida administrative agencies from passing upon constitutional challenges to their own rules and regulations. The author demonstrates that this extension and the theory upon which it is based are not supported by precedent or sound policy. The author then traces the development of the traditionalp rohibition in both the Florida and federal courts and concludes that although the courts have sometimes …
Due Process Limitations On Prosecutorial Discretion In Re-Charging Defendants: Pearce To Blackledge To Bordenkircher, Donald C. Smaltz
Due Process Limitations On Prosecutorial Discretion In Re-Charging Defendants: Pearce To Blackledge To Bordenkircher, Donald C. Smaltz
Washington and Lee Law Review
No abstract provided.
The Exclusionary Rule In Parole Revocation Hearings : Deterring Official Infringement Of Parolees' Fourth Amendment Rights, Billy Glenn Dupree Jr.
The Exclusionary Rule In Parole Revocation Hearings : Deterring Official Infringement Of Parolees' Fourth Amendment Rights, Billy Glenn Dupree Jr.
BYU Law Review
No abstract provided.
Three Views Of Equal Protection : A Backdrop To Bakke, J. Frederic Voros Jr.
Three Views Of Equal Protection : A Backdrop To Bakke, J. Frederic Voros Jr.
BYU Law Review
No abstract provided.
Philosophical Perspectives On Affirmative Action, Kenneth W. Simons
Philosophical Perspectives On Affirmative Action, Kenneth W. Simons
Michigan Law Review
A Review of Equality and Preferential Treatment: A Philosophy & Public Affairs Reader edited by Marshall Cohen, Thomas Nagel, and Thomas Scanlon
Survey Of Developments In West Virginia Law: 1978
Survey Of Developments In West Virginia Law: 1978
West Virginia Law Review
No abstract provided.
Federal Courts & Federal Rights, Gordon G. Young
Federal Courts & Federal Rights, Gordon G. Young
Faculty Scholarship
No abstract provided.
Epa And Administrative Inspections, Robert W. Martin, Jr.
Epa And Administrative Inspections, Robert W. Martin, Jr.
Florida State University Law Review
No abstract provided.
Tsavaris V. Scruggs, 360 So. 2d 745 (Fla. 1977), Elizabeth J. Daniels
Tsavaris V. Scruggs, 360 So. 2d 745 (Fla. 1977), Elizabeth J. Daniels
Florida State University Law Review
Constitutional Law-SELF-INCRIMINATION-FLORIDA SUPREME COURT SIGNALS POSSIBLE RETREAT IN PROTECTION AGAINST COMPULSORY PRODUCTION OF INCRIMINATING DOCUMENTARY EVIDENCE.
Sunlight In The County Jail: Houchins V. Kqed, Inc. And Constitutional Protection For Newsgathering, Roberta L. Cairney
Sunlight In The County Jail: Houchins V. Kqed, Inc. And Constitutional Protection For Newsgathering, Roberta L. Cairney
UC Law Constitutional Quarterly
No abstract provided.
Equal Protection In Special Admissions Programs: Forward From Bakke, Julius Stone
Equal Protection In Special Admissions Programs: Forward From Bakke, Julius Stone
UC Law Constitutional Quarterly
No abstract provided.
Methods For The Analysis Of Jury Panel Selections: Testing For Discrimination In A Series Of Panels, Peter W. Sperlich, Martin L. Jaspovice
Methods For The Analysis Of Jury Panel Selections: Testing For Discrimination In A Series Of Panels, Peter W. Sperlich, Martin L. Jaspovice
UC Law Constitutional Quarterly
No abstract provided.
State Constitutional Guarantees And Protection Of Defendants' Rights: The Case Of New York, 1960-1978, Peter J. Galie
State Constitutional Guarantees And Protection Of Defendants' Rights: The Case Of New York, 1960-1978, Peter J. Galie
Buffalo Law Review
No abstract provided.
Illegitimacy And The Rights Of Unwed Fathers In Adoption Proceedings After Quilloin V. Walcott, 12 J. Marshall J. Prac. & Proc. 383 (1979), Steven E. Davis
Illegitimacy And The Rights Of Unwed Fathers In Adoption Proceedings After Quilloin V. Walcott, 12 J. Marshall J. Prac. & Proc. 383 (1979), Steven E. Davis
UIC Law Review
No abstract provided.
Eberts V. Westinghouse Electric Corp. Gender-Based Discrimination After Gilbert And Satty, 12 J. Marshall J. Prac. & Proc. 459 (1979), Carol M. Cervantes
Eberts V. Westinghouse Electric Corp. Gender-Based Discrimination After Gilbert And Satty, 12 J. Marshall J. Prac. & Proc. 459 (1979), Carol M. Cervantes
UIC Law Review
No abstract provided.
Flagg Brothers, Inc. V. Brooks : The Public Function Doctrine In Retreat, 12 J. Marshall J. Prac. & Proc. 637 (1979), William R. Black
Flagg Brothers, Inc. V. Brooks : The Public Function Doctrine In Retreat, 12 J. Marshall J. Prac. & Proc. 637 (1979), William R. Black
UIC Law Review
No abstract provided.
Children And The Idea Of Liberty: A Comment On The Civil Commitment Cases, John H. Garvey
Children And The Idea Of Liberty: A Comment On The Civil Commitment Cases, John H. Garvey
Scholarly Articles
Despite all the talk about the rights of children in the past few years, it has not often been necessary to parse conflicting claims by parents and children, and to give independent constitutional content to the latter. Before 1979, the Supreme Court had reached the merits in only one case presenting that issue. The problem will arise whenever the state lends its aid to the parents in a familial dispute, and in time will doubtless provoke litigation in which outnumbered children claim the benefit of most of the Bill of Rights. Until now, debate has focused on the procedural and …
The Retroactive Application Of The Antidumping Act Of 1921, Thomas E. Johnson
The Retroactive Application Of The Antidumping Act Of 1921, Thomas E. Johnson
Northwestern Journal of International Law & Business
In 1921, the United States Congress enacted the Antidumping Act which provides for the imposition of dumping duties on imports sold to United States merchants at prices below their fair value. The Act permits the assessment of dumping duties retroactively on merchandise imported up to one hundred and twenty days before a complaint of dumping has been filed with the Commissioner of Customs. Mr. Johnson examines the retroactive provisions of the Act and its regulations, the case law surrounding those provisions, and the constitutionality of the provisions. Against this background, he concludes that the retroactive application of the Act, particularly …
Reflections On Unconstitutionality In Futuro: Shavers V. Attorney General And Robinson V. Cahill, Philip H. Hecht
Reflections On Unconstitutionality In Futuro: Shavers V. Attorney General And Robinson V. Cahill, Philip H. Hecht
University of Michigan Journal of Law Reform
This article will argue that holdings of unconstitutionality in futuro are difficult to reconcile with the separation of powers doctrine because they foster impermissible intrusions on the ability of the legislative and executive branches to act independently of the judiciary. It is further argued that in the two cases where courts have adopted the unconstitutionality in futuro approach, the failure to satisfy all of the proposed standards for the appropriateness of unconstitutionality in futuro and the further considerations of judicial legitimacy and competency should have led the courts to consider other less drastic alternatives before deciding to use unconstitutionality in …
China's Changing Constitution , Jerome Alan Cohen
China's Changing Constitution , Jerome Alan Cohen
Northwestern Journal of International Law & Business
In 1978, the People's Republic of China promulgated its third constitution since the communist revolution. In many respects, the new constitution reflects the attitudes andpolicies of Peking's current leadershp. In this article, Professor Cohen analyzes the changes wrought by the new constitution in property relations, restraints on executive power, and the protection of individual liberties by comparing it with its predecessors.
Marbury V. Madison, Lord Coke, And Dr. Bonham: Relics Of The Past, Guidelines For The Present—Judicial Review Intransition?, George P. Smith, Ii
Marbury V. Madison, Lord Coke, And Dr. Bonham: Relics Of The Past, Guidelines For The Present—Judicial Review Intransition?, George P. Smith, Ii
Seattle University Law Review
The purpose of this article is to explore the modern significance of Coke's influence as analyzed and interpreted through the famous Bonham's Case and thereby to provide an insight into the development of our own concepts of judicial review, as borrowed from the English, in its original historical legal perspective and as seen through the decision in Marbury v. Madison and applied modernly in the principle case of Baker v. Carr.
Parent-Child Privilege: Constitutional Right Or Specious Analogy?, Donald Cofer
Parent-Child Privilege: Constitutional Right Or Specious Analogy?, Donald Cofer
Seattle University Law Review
To avoid reaching incorrect verdicts as a result of insufficient evidence, courts generally require witnesses to testify to all relevant facts within their knowledge. Two important exceptions to this general rule, incompetency and privilege, rest on very different rationales. Developed at common law to exclude unreliable evidence, rules of competency disqualify certain untrustworthy witnesses from testifying. To promote extrinsic public policies, however, privileges excuse competent witnesses from providing what may be highly probative and reliable evidence. In the past decade there have been calls for legislative or judicial recognition of a parent-child privilege, similar to the marital privilege, that would …
Proposed Citizens Right To Standing Act-Finding The Keys To Unlock The Courthouse Doors, Harold W. Wood, Jr.
Proposed Citizens Right To Standing Act-Finding The Keys To Unlock The Courthouse Doors, Harold W. Wood, Jr.
Seattle University Law Review
Recent Supreme Court decisions severely restrict the right of citizens to litigate in federal courts. The Court's standing requirements not only limit the ability of citizens to successfully invoke federal court jurisdiction, but also confuse lower courts and litigants attempting to apply the requirements. Standing requirements have met with increasing criticism. And Congress is now considering legislative modification of standing doctrine. Unfortunately, the Court's employment of constitutional foundations in establishing current standing requirements imposes substantial roadblocks Congress must avoid to enact remedial standing legislation. This comment examines the constitutional and pragmatic difficulties of statutory modification of standing requirements and recommends …