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Juvenile Curfew Ordinances And The Constitution, Michigan Law Review Nov 1977

Juvenile Curfew Ordinances And The Constitution, Michigan Law Review

Michigan Law Review

Recognizing that a legislature must decide whether to enact a juvenile curfew without the benefit of conclusive data on the effectiveness of such laws, the remainder of this Note will focus primarily upon the constitutional issues raised by such ordinances. The freedom of movement that is limited by a curfew is, it will be argued, an unenumerated right protected by the ninth and fourteenth amendments. The constitutional rights of juveniles, however, -are not necessarily coextensive with those of adults. Certain characteristics of juveniles-in particular, their lesser capacity for reason and self-control-imply that the strength of their right to freedom of …


Does The Constitution Mean What It Always Meant?, James W. Nickel, Stephen R. Munzer Nov 1977

Does The Constitution Mean What It Always Meant?, James W. Nickel, Stephen R. Munzer

Articles

No abstract provided.


Bordenkircher V. Hayes, Lewis F. Powell Jr. Oct 1977

Bordenkircher V. Hayes, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Zurcher V. Stanford Daily, Lewis F. Powell Jr. Oct 1977

Zurcher V. Stanford Daily, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


First National Bank Of Boston V. Bellotti, Lewis F. Powell Jr. Oct 1977

First National Bank Of Boston V. Bellotti, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Regents Of University Of California V. Bakke, Lewis F. Powell Jr. Oct 1977

Regents Of University Of California V. Bakke, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Mincey V. Arizona, Lewis F. Powell Jr. Oct 1977

Mincey V. Arizona, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Mcadams V. Mcsurely, Lewis F. Powell Jr. Oct 1977

Mcadams V. Mcsurely, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Exxon Corporation V. Governor Of Maryland, Lewis F. Powell Jr. Oct 1977

Exxon Corporation V. Governor Of Maryland, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Wheeler, Lewis F. Powell Jr. Oct 1977

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

Supreme Court Case Files

No abstract provided.


Santa Clara Pueblo V. Martinez, Lewis F. Powell Jr. Oct 1977

Santa Clara Pueblo V. Martinez, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Federal Communications Commission V. Pacifica Foundation, Lewis F. Powell Jr. Oct 1977

Federal Communications Commission V. Pacifica Foundation, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


The Power Within, Tom Moore Oct 1977

The Power Within, Tom Moore

Florida State University Law Review

No abstract provided.


A Proposal For Revision Of The Florida Constitution: Environmental Rights For Florida Citizens, Martha L. Harrell Oct 1977

A Proposal For Revision Of The Florida Constitution: Environmental Rights For Florida Citizens, Martha L. Harrell

Florida State University Law Review

No abstract provided.


Initiative And Referendum -- Do They Encourage Or Impair Better State Government?, Glibert Hahn, Iii, Stephen C. Morton Oct 1977

Initiative And Referendum -- Do They Encourage Or Impair Better State Government?, Glibert Hahn, Iii, Stephen C. Morton

Florida State University Law Review

No abstract provided.


Article 1, Section 21: Access To Courts In Florida, Judith Anne Bass Oct 1977

Article 1, Section 21: Access To Courts In Florida, Judith Anne Bass

Florida State University Law Review

No abstract provided.


Pins Jurisdiction, The Vagueness Doctrine, And The Rule Of Law, All Katz, Lee E. Teitelbaum Oct 1977

Pins Jurisdiction, The Vagueness Doctrine, And The Rule Of Law, All Katz, Lee E. Teitelbaum

Indiana Law Journal

No abstract provided.


Recent Cases, John P. Kelly, G. David Dodd Oct 1977

Recent Cases, John P. Kelly, G. David Dodd

Vanderbilt Law Review

The principle that the government must not only refrain from providing special preference to a particular religion, but, that it also must stand apart from religion in general is abridged once the government seeks to provide sustenance to religious interests. Government neutrality is preserved, however, when the government merely provides fertile ground on which religious interests can thrive independently. Because state-imposed employment accommodation of religious precepts creates proselytizing opportunities" upon which religious interests flourish and because there is no overriding government interest in requiring such accommodation, Title VII's Randolph Amendment transgresses establishment clause prohibitions.

John P. Kelly

=========================

The court …


Miranda V. Arizona: The Law Today, Fredric I. Lederer Oct 1977

Miranda V. Arizona: The Law Today, Fredric I. Lederer

Faculty Publications

No abstract provided.


Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney Sep 1977

Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney

West Virginia Law Review

No abstract provided.


Housing For The Elderly: Constitutional Limitations And Our Obligations, Ed Stafman Jul 1977

Housing For The Elderly: Constitutional Limitations And Our Obligations, Ed Stafman

Florida State University Law Review

No abstract provided.


Zoning And Population Control -- Courts Are Reacting To New Problems In Old Ways, Joe G. Dykes, Jr. Jul 1977

Zoning And Population Control -- Courts Are Reacting To New Problems In Old Ways, Joe G. Dykes, Jr.

Florida State University Law Review

No abstract provided.


Media Lability For Libel Of Newsworthy Persons: Before And After Time, Inc. V. Firestone, Thomas E. Wheeler, Jr. Jul 1977

Media Lability For Libel Of Newsworthy Persons: Before And After Time, Inc. V. Firestone, Thomas E. Wheeler, Jr.

Florida State University Law Review

No abstract provided.


Nelson V. State, 319 So. 2d 154 (Fla. 2d Dist. Ct. App. 1975), Randall O. Reder Jul 1977

Nelson V. State, 319 So. 2d 154 (Fla. 2d Dist. Ct. App. 1975), Randall O. Reder

Florida State University Law Review

Constitutional Law- SEARCH AND SEIZURE- SCHOOL OFFICIALS' AUTHORITY TO SEARCH STUDENTS IS AUGMENTED BY THE In Loco Parentis DOCTRINE.


Runyon V. Mccrary And Regulation Of Private Schools, Mary-Michelle Upson Hirschoff Jul 1977

Runyon V. Mccrary And Regulation Of Private Schools, Mary-Michelle Upson Hirschoff

Indiana Law Journal

No abstract provided.


The Jury's Role Under The Indiana Constitution, Carolyn White Spengler Jul 1977

The Jury's Role Under The Indiana Constitution, Carolyn White Spengler

Indiana Law Journal

No abstract provided.


Constitutional Law—The Federal System—State Sovereignty As An Implied Restraint Upon The Commerce Power—National League Of Cities V. Usery, 426 U.S. 833 (1976), Kim Buckley Jul 1977

Constitutional Law—The Federal System—State Sovereignty As An Implied Restraint Upon The Commerce Power—National League Of Cities V. Usery, 426 U.S. 833 (1976), Kim Buckley

Washington Law Review

This note has four main objectives: (1) to evaluate the Court's reliance upon the structures and relationships established by the Constitution to support an implied limitation upon congressional power; (2) to consider whether the rationale behind intergovernmental tax immunities should be extended to commerce clause legislation; (3) to ascertain when a state sovereignty limitation is not appropriate; and (4) to identify some theoretical and practical implications National League may have for the future of the federal system. The primary conclusion reached is that the continued existence of the federal system requires the imposition of a state sovereignty limitation on all …


World Jewry And The Ballot: The Defence Of Democracy At The World Zionist Federation And Its Potential Impact On Israel's Constitutional Law, Pnina Lahav Jul 1977

World Jewry And The Ballot: The Defence Of Democracy At The World Zionist Federation And Its Potential Impact On Israel's Constitutional Law, Pnina Lahav

Faculty Scholarship

This note highlights an important phase in the history of Zionism describing and analysing a recent decision by the W.Z.F. Tribunal which held categorically and unequivocally that the W.Z.F. is a democratic movement, and as such is bound to follow the most basic rules of democracythe maintenance of equal, popular elections. It then discusses the significance of the potential impact of this decision on Israeli constitutional law. The Tribunal's firm holding that the process of an implicit constitutional amendment is illegitimate and invalid, may signal a shift in the Israeli position which has, so far recognised this technique as valid. …


Judicial Protection Of Minorities, Terrance Sandalow May 1977

Judicial Protection Of Minorities, Terrance Sandalow

Articles

In United States v. Carolene Products Co., Justice Stone suggested by indirection that there "may be narrower scope for operation of the presumption of constitutionality" when courts are called upon to determine the validity "of statutes directed at particular religious . . . or national . . . or racial minorities."' In such cases, he explained, "prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry."' Forty years later, …


Recent Cases, James H. Lokey, Jr., Stephen D. Goodwin, Charles L. Jarik May 1977

Recent Cases, James H. Lokey, Jr., Stephen D. Goodwin, Charles L. Jarik

Vanderbilt Law Review

Constitutional Law--Criminal Procedure-Circuits Split over Application of Stone v. Powell's "Opportunity for Full and Fair Litigation"

James H. Lokey, Jr.

In Stone v. Powell,' the third 1976 decision, the Supreme Court made a limited but distinct break with precedent. Stone held that a state prisoner may not be granted federal habeas relief on the ground that evidence obtained in an unconstitutional search and seizure was introduced at his trial as long as the state has provided an "opportunity for full and fair litigation" of his fourth amendment claim." The Court, as noted previously, did not define what kind of "opportunity" …