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Punitive Conditions Of Prison Confinement: An Analysis Of Pugh V. Locke And Federal Court Supervision Of State Penal Administration Under The Eighth Amendment, Ira Robbins

Scholarly Articles in Law Reviews & Journals

The 1960's marked a watershed for the criminal justice system. In such areas as search and seizure, right to counsel and the privilege against self-incrimination, the federal courts first defined substantive constitutional rights and then imposed them upon disinclined functionaries at the state level. At first, these innovations raised thorny questions of constitutional interpretation about the rights involved, but, as is especially visible in the search and seizure area, the debate more recently has focused on the remedy chosen by the Supreme Court for enforcing these rights against the states.' This pattern of escalating federal involvement in the criminal justice …

Away From Waiver: A Rationale For The Forfeiture Of Constitutional Rights In Criminal Procedure, Peter Westen

Michigan Law Review

Ten years ago, when I was a student in law school, I learned that it was difficult for a criminal defendant to lose completely his right to assert constitutional defenses. The only way he could relinquish his constitutional defenses, I was told, was by actually "waiving" them. Moreover, in order to establish that a defendant had waived his defenses, the state faced a rigorous test: it had to show, in the famous phrase, that his waiver was "knowing, intelligent, and voluntary." In other words, before the state could permanently prevent a defendant from asserting constitutional defenses, it had to show …

Preferential Admissions And The Brown Heritage, Albert Broderick

North Carolina Central Law Review

No abstract provided.

Serbian Eastern Orthodox Diocese V. Milivojevich

William & Mary Law Review

No abstract provided.

Constitutional Law-Searches And Seizures-Exclusionary Rule Inapplicable To Federal Civil Tax Proceeding Where Evidence Illegally Obtained In State Criminal Investigation United States V. Janis, N. Gregory Smith

BYU Law Review

No abstract provided.

Ha'aretz Daily Newspaper Ltd. V. Israel Electric Corporation, Meir Shamgar, Zvi Berinson, Miriam Ben-Porat

Translated Opinions

This is an appeal from a judgment for the Respondents, the Plaintiffs in the lower court, in a civil action for defamation, based on an article published in the Defendant newspaper. During a period of national recession, the Plaintiff company, a public government corporation, purchased an expensive luxurious car for the use of its Director General, the second Plaintiff-Respondent, who was close to retirement. After considerable public criticism of the purchase, the Plaintiffs announced that the Director General would continue to use the old car he had previously used and that they would put the new car up for sale. …

Parents And The Public School Curriculum: Is There A Right To Have One's Child Excused From Objectionable Instruction?, Mary-Michelle Upson Hirschoff

Articles by Maurer Faculty

No abstract provided.

Stone V. Powell: Scope Of Habeas Corpus Restricted, 10 J. Marshall J. Of Prac. & Proc. 401 (1977), Thomas M. Kilbane Jr.

UIC Law Review

No abstract provided.

The Duty To Decide Vs. The Daedalian Doctrine Of Abstention, Harlan S. Abrahams, Brian E. Mattis

Seattle University Law Review

It is the thesis of this article that the growing trend in the federal courts to refuse to exercise their assigned jurisdiction violates the doctrine of the separation of powers, and that the federal judiciary's excuses for refusing to perform their tasks do not pass constitutional muster. Specifically, this article will demonstrate that those excuses either do not rise to a level of constitutional concern sufficient to justify the trend or are based on a perversion of the admittedly constitutional concept of federalism, a concept affording the individual citizen a structural protection against arbitrary government in additionto the structural protection …

Constitutional Law - School Desegregation - Interdistrict Desegregation Order Is Within Discretion Of District Court When Based Upon Finding Of One Or More Interdistrict Constitutional Violation, James D. Hilly

Villanova Law Review (1956 - )

No abstract provided.

Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow

Book Chapters

... Professors John Hart Ely and Richard Posner have established diametrically opposed positions in the debate. Their contributions are of special interest because each undertakes to answer the question within the framework of a theory concerning the proper distribution of authority between the judiciary and the other institutions of government

...Professor Ely [see pp. 208-216, herein] defends the constitutionality of racial preferences, essentially on the ground that the equal-protection clause should not be read to prevent a majority from discriminating between itself and a minority only to its own disadvantage. The predicate for an active judicial role is lacking, ... …

Rights And Remedies In The Federal District Courts Of Mexico And The United States, Carl E. Schwarz

UC Law Constitutional Quarterly

No abstract provided.

Gag Orders On The Press: A Due Process Defense To Concept Citations, Richard Harris

UC Law Constitutional Quarterly

No abstract provided.

Seduction In Wonderland: The Need For A Seller's Fiduciary Duty Toward Children, Sidney M. Wolinsky, Janet Econome

UC Law Constitutional Quarterly

No abstract provided.

The Ambiguity Of Serrano: Two Concepts Of Wealth Neutrality, Lee S. Friedman

UC Law Constitutional Quarterly

No abstract provided.

People V. Rutherford: Reversible Error Standards For Prosecutorial Suppression Of Evidence, William M. Goodman

UC Law Constitutional Quarterly

No abstract provided.

People V. Olivas: The Concept Of Personal Liberty As A Fundamental Interest In Equal Protection Analysis, Robert V. Vallandigham Jr.

UC Law Constitutional Quarterly

No abstract provided.

Chief Justice Wright And The Third Party Beneficiary Problem, James E. Crawford

UC Law Constitutional Quarterly

No abstract provided.

Taking Wright Seriously: Of Judicial Discretion, Jurisprudents, And The Chief Justice, John Bilyeu Oakley

UC Law Constitutional Quarterly

No abstract provided.

Libel: Taskett V. King Broadcasting Co.--A New Washington Standard, Roy W. Kent

Seattle University Law Review

In Taskett v. KING Broadcasting Co., the Washington Supreme Court reevaluated the constitutional limits on libel law with regard to private individuals involved in matters of public interest, and held that private individuals can recover damages "on a showing that in publishing the statement, the defendant knew or, in the exercise of reasonable care, should have known that the statement was false." In adopting the reasonable care standard, the Washington Supreme Court sought to achieve an equitable balance between the media's first amendment rights of free speech and press and the state's interest in compensating private citizens for harm …

Primary And Secondary Characteristics In Discrimination Cases, Richard Marshall Abrams

Villanova Law Review (1956 - )

No abstract provided.

Potentiality Of Incarceration: A Proposed Standard For The Applicability Of Miranda To Nonfelony Offenses, Mark J. Roberts

Indiana Law Journal

No abstract provided.

Recognition Of High School Student Organizations: Constitutional Protection Of Associational Rights, Renee Mawhinney

Indiana Law Journal

No abstract provided.

Justice Story's Doctrine Of Judicial Supremacy And The Uncertain Search For A Neutral Principle In The Charles River Bridge Case, C. Lee Mangas

Indiana Law Journal

No abstract provided.

The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun

UC Law Constitutional Quarterly

No abstract provided.

People V. Taylor: Collateral Estoppel In Criminal Cases--Key Principles And Policies, William C. Owens Jr.

UC Law Constitutional Quarterly

No abstract provided.

Shield Laws: The Legislative Response To Journalistic Privilege, Susan L. Dolin

Cleveland State Law Review

Despite the increasing importance of the journalist in society, one controversy which has long been of significant concern to reporters has yet to be resolved - the compelled disclosure of journalistic sources in courtroom or grand jury proceedings. Threatened with citation for contempt, the journalist in such situations must often face two equally unacceptable alternatives: divulge a confidential source, or go to jail. To circumvent conflicts of this nature, the journalistic profession has urged the adoption of an evidentiary privilege which would protect reporters from compelled disclosure of confidential sources. This Note will focus on one means of instituting such …

Representation Under The Ohio Public Defender Act, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

The Right Of Prisoner Access: Does Bounds Have Bounds?, Josephine R. Potuto

Indiana Law Journal

No abstract provided.

The Constitutional Right To Know, David Mitchell Ivester

UC Law Constitutional Quarterly

No abstract provided.