Digital Commons Network^™

Constitutional Limitations On The Division Of Property Upon Divorce., James N. Castleberry Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Iii. Constitutional Law

Washington and Lee Law Review

No abstract provided.

Book Reviews, George A. Hay, H. Michael Mann, Teresa Amott

Vanderbilt Law Review

Book Reviews:

The Antitrust Penalties: A Study in Law and Economics By Kenneth G. Elzinga and William Breit

Reviewed by George A. Hay

The Antitrust Penalties was published in 1976. Its main mes-sage is that the only efficient antitrust penalty is a heavy fine and that incarceration comes out poorly by any benefit-cost standard.Later that year, in a celebrated and possibly unprecedented appearance, newly appointed Assistant Attorney General Donald I. Baker argued before a federal district judge that jail sentences were the appropriate penalty for a group of defendants who had just been convicted in one of the major price-fixing …

Some Notes On The Proper Uses Of The Clear And Present Danger Test, James W. Torke

BYU Law Review

No abstract provided.

Legitimate Classification And Nonpunitive Confiscation : Avoiding The Bill Of Attainder Proscription

BYU Law Review

No abstract provided.

Preventive Detention And Equal Protection Of The Law In Texas., Mark Stevens

St. Mary's Law Journal

Abstract Forthcoming.

Recent Cases, Alan W. Duncan, Elton G. Snowden, William A. Holby, Joseph W. Gibbs

Vanderbilt Law Review

Constitutional Law -- Newsperson's Privilege - The First Amendment Guarantee of a Free Press Protects Against Compelled Disclosure of a Journalist's Exercise of Editorial Control and Judgment

Plaintiff, a former army officer who had achieved national prominence by claiming that his superiors ignored his reports of atrocities by American forces in Vietnam,' brought a libel suit against defendant television producer, reporter, and network for broadcasting a program that cast doubt upon plaintiff's allegations. Contending that defendant did not present available information corroborating plaintiff's claims, plaintiff sought discovery of the producer's beliefs, opinions, intent, and conclusions in preparing the program.

Alan …

Recent Decisions Of The Supreme Court In Labor Law, David S. Bogen

Faculty Scholarship

No abstract provided.

Spooner V. Askew, 345 So. 2d 1055 (Fla. 1976), Charles A. Johnson

Florida State University Law Review

Ad Valorem Taxation- RATIFICATION OF FLORIDA'S AD VALOREM TAX STRUCTURE: REJECTION OF AN EQUAL PROTECTION CHALLENGE.

Governance Of The Elephant: Constitutional Theory On The Overland Trail, John Phillip Reid

UC Law Constitutional Quarterly

No abstract provided.

The Unconstitutionality Of The Qualified Truth Defense To Libel Actions, 11 J. Marshall J. Prac. & Proc. 259 (1978), Michael J. Polelle

UIC Law Review

No abstract provided.

People Ex. Rel. Scott V. Briceland: Powers Of The Attorney General Revisited, 11 J. Marshall J. Prac. & Proc. 441 (1978), Thomas E. Grace

UIC Law Review

No abstract provided.

The Illinois Amendatory Veto, 11 J. Marshall J. Prac. & Proc. 415 (1978), John Nelson Walters

UIC Law Review

No abstract provided.

Toward Constitutionalizing The Corporation: A Speculative Essay, Arthur S. Miller

West Virginia Law Review

No abstract provided.

Congressional Prerogatives, The Constitution And A National Court Of Appeals, Kevin L. Domecus

UC Law Constitutional Quarterly

No abstract provided.

Review Of Private Property And The Constitution By Bruce Ackerman, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

United States Trust Co. V. New Jersey-State Promises And The Contract Clause: An Untimely Resurrection, Clifford D. Foster Jr.

Seattle University Law Review

This comment examines the impact of United States Trust on traditional contract clause doctrines and policies. After an initial discussion of the factual and legal background, a historical survey will show the decision employs a new approach to contract clause analysis. Next, this comment will analyze the Court's new approach, especially the Court's treatment of impairments when a state is a contractual party, its willingness to make policy judgments formerly left to legislative discretion, and the decision's probable effect on any future municipal debt crises. Finally, in accord with Justice Brennan's dissent in United States Trust, this comment will …

Constitutional Law - Corrections - Prisoners' Constitutional Right Of Access To Courts Imposes Duty On State To Provide Prison Law Libraries, Amanda M. Shaw

Villanova Law Review (1956 - )

No abstract provided.

On Judicial Policymaking And Constitutional Change: Another Look At The Original Intent Theory Of Constitutional Interpretation, Dean Alfange Jr.

UC Law Constitutional Quarterly

No abstract provided.

Toward A Representation-Reinforcing Mode Of Judicial Review, John Hart Ely

Maryland Law Review

No abstract provided.

The Federal Criminal Code Reform Act Of 1977 And Prosecutorial Appeal Of Sentences: Justice Or Double Jeopardy?, Paul W. Spence

Maryland Law Review

No abstract provided.

The Supreme Court, October 1977 Term, Bernard Schwartz

UC Law Constitutional Quarterly

No abstract provided.

Prosecutorial Discretion, Plea Bargaining And The Supreme Court's Opinion In Bordenkircher V. Hayes, William T. Pizzi

UC Law Constitutional Quarterly

No abstract provided.

Constitutional Review: Supreme Court, October 1977 Term, Marc H. Greenberg, Jeanne La Borde Scholz, Anne Hiaring, Rosemary Hart

UC Law Constitutional Quarterly

No abstract provided.

Constitutional Law - Free Press/Fair Trial - Pretrial Suppression Hearing May Be Closed In Order To Preserve Defendant's Right To A Fair Trial, Douglas Robison

Villanova Law Review (1956 - )

No abstract provided.

The Mobius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne

Faculty Publications

No abstract provided.

The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression (With Endress), Stephen W. Gard

Law Faculty Articles and Essays

The purpose of this article is not to debate the wisdom of the use of sensitive language on the electronic media or elsewhere. The admonition that the perceived wisdom of governmental regulations should never be confused with the issue of their constitutionality remains appropriate. Nor is it our purpose to debate the substantive question of whether the Court reached the proper result in Pacifica, although we will necessarily have much to say by implication on this issue. The purpose of this article is rather to assess the impact of Pacifica on the two traditions of freedom of expression which continue …

Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar

Articles

On Christmas Eve, 1968, a ten-year-old girl, Pamela Powers, disappeared while with her family in Des Moines, Iowa.2 Defendant Williams, an escapee from a mental institution and a deeply religious person, 3 was suspected of murdering her, and a warrant was issued for his arrest.4 Williams telephoned a Des Moines lawyer, McKnight, and on his advice surrendered himself to the Davenport, Iowa, police.5 Captain Learning and another Des Moines police officer arranged to drive the 160 miles to Davenport, pick up Williams, and return him directly to Des Moines. 6 Both the trial court 7 and the federal district court8 …

Review, Government By Judiciary, Richard Kay

Faculty Articles and Papers

Reviewing Government by Judiciary, by Raoul Berger: Harvard University Press, Cambridge, Massachusetts, 1977

Younger And Its Progeny: A Variation On The Theme Of Equity, Comity And Federalism, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.