Digital Commons Network^™

The Village Of Arlington Heights: Equal Protection In The Suburban Zone, Robert J. Lotero

UC Law Constitutional Quarterly

No abstract provided.

Serrano Ii: Equal Access To School Resources And Fiscal Neutrality--A View From Washington State, Michael E. Andrews

UC Law Constitutional Quarterly

No abstract provided.

Toward The Preservation Of Personal Privacy: Chief Justice Wright's Opinions On Search And Seizure And The Right Of Privacy, Kenneth L. Jesmore

UC Law Constitutional Quarterly

No abstract provided.

Accountability Versus Privacy: The Plight Of Institutionalized Emotionally Disturbed Children, Katherine M. Lordi

Fordham Urban Law Journal

This article examines the an individual's right to privacy in relation to the state's interest in a smoothly-functioning system of mental health care for minors and concludes with some general guidelines for institutional accountability. The articles states that in order to balance the right of an institutionalized patient to be free from unwarranted invasions of privacy with the public's demand for transparency and accountability, two tasks must be confronted: (1) the limits of institutional and managerial accountability must be defined; and (2) the public's need to know must be balanced with a respect for the patient's personal privacy and material …

The Demise Of The Commercial Speech Doctrine And The Regulation Of Professional's Advertising: The Virginia Pharmacy Case

Washington and Lee Law Review

No abstract provided.

Cracks In “The New Property”: Adjudicative Due Process In The Administrative State, William W. Van Alstyne

Faculty Publications

No abstract provided.

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

Publications

No abstract provided.

Federalism And Federal Regulation Of Public Employers: The Implications Of National League Of Cities V. Usery, W. Harding Drane

Cleveland State Law Review

The purpose of this Note is to examine the limits of the federal commerce power when applied to the states as states, using as a focal point, the controversies which have arisen in the application of the Fair Labor Standards Act of 1938 (FLSA).

National League Of Cities V. Usery: Its Implications For The Equal Pay Act And The Age Discrimination In Employment Act, Ellen B. Spellman

University of Michigan Journal of Law Reform

In National League of Cities v. Usery, the Supreme Court invalidated the application of the FLSA minimum wage and maximum hours provisions to certain essential state government activities as an unconstitutional intrusion on state sovereignty. This article will explore the implications of that decision with respect to the application of the EPA and the ADEA to state and local governments.

Part I contains a brief discussion of the Fair Labor Standards Act and Amendments. Part II discusses National League with reference to traditional commerce clause interpretation. Part III analyzes the difficulties of applying the decision, particularly the problem of …

Federal Habeas Corpus After Stone V. Powell: A Remedy Only For The Arguably Innocent?, Sam Boyte

University of Richmond Law Review

State prisoners lost several grounds for seeking federal habeas corpus relief during the Supreme Court's 1975 term. In each case, the Court was prepared to admit, at least for the purposes of argument, that there were constitutional infirmities in the state criminal process which resulted in the confinement of the prisoner; nonetheless, the Court held that the prisoner would not be permitted to attack his conviction collaterally in federal court. Because the prisoner in Francis v. Henderson had not complied with a state procedural rule requiring such challenges to be brought before trial, the Supreme Court held that he could …

Recent Cases, Samuel E. Stumpf, Jr., M. Carolyn Barefield, Robert S. Reder, Stephen C. Morton, Randolph C. Coley

Vanderbilt Law Review

Noerr-Pennington Immunity for Joint Efforts to Influence Governmental Action - Intent to Cause Competitive Injury, Evidenced by Repeated, Baseless Opposition Before an Adjudicatory Body, Does Not Result in Loss of Noerr-Pennington Immunity Absent Specific Allegations of Conduct External to or Abusive of the Adjutory Processes

Samuel E. Stumpf, Jr.

Constitutional Law - First Amendment - Student's Right to Receive Information Precludes Board's Removal of Allegedly Offensive Books from High School Library

M. Carolyn Barefield

Constitutional Law-Search and Seizure - Federal Courts Are Bound by Federal Wiretapping Statutes and Will Not Exclude Evidence Seized by State Agents in Violation of More …

Racially-Preferential Policies In Institutions Of Higher Education: State Action Limitations On 42 U.S.C. § 1983 Complaints, John Scanlan

Articles by Maurer Faculty

No abstract provided.

The Hazards To The Press Of Claiming A “Preferred Position”, William W. Van Alstyne

Faculty Publications

No abstract provided.

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

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Congressional Power Under The Appointments Clause After Buckley V. Valeo, Michigan Law Review

Michigan Law Review

This Note examines the constitutional power of Congress to control the selection of government officers. It first discusses the article II grant itself and concludes that the Court in Buckley correctly interpreted that provision to prohibit direct appointment by Congress of officers who are found to possess "significant authority." The Note then explores possible means not explicitly foreclosed in Buckley by which Congress might influence such appointments and argues that these alternatives are restricted by the same constitutional principles that prohibit direct congressional appointments.

The Legal Aspects Of The Right To Die: Before And After The Quinlan Decision, Douglas W. Becker, Robert W. Fleming, Rebecca M. Overstreet

Kentucky Law Journal

No abstract provided.

Constitutional Aspects Of Removing Books From School Libraries, Wm. Kennedy Simpson

Kentucky Law Journal

No abstract provided.

Due Process And The Parole Release Decision, Donna Chu

Kentucky Law Journal

No abstract provided.

Equality Before The Law And The Indian Act: In Defence Of The Supreme Court, Patrick N. Mcdonald

Dalhousie Law Journal

The British North America Act' declares in section 91(24) that the exclusive legislative authority of Parliament extends to "Indians, and Lands reserved for the Indians". The Canadian Bill of Rights provides that no law of Canada shall be applied so as to abridge the right of the individual to equality before the law without discrimination by reason of race, national origin, colour, religion or sex. Three recent decisions of the Supreme Court of Canada have grappled with the reconciliation of constitutional authorization and statutory proscription. The trilogy has evoked a virtually unprecedented volume of critical comment, the common feature of …

An Evidence Code: The American Experience, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

Professor Paul Rothstien's opening address at the Conference on Current Trends in Evidence, Dalhousie University, 26th November 1976.

Rothstein discusses the American Evidence Code, the American experience with it, and compares it to a proposed Code that Canada is considering.

Constitutional Law, David E. Hudson

Mercer Law Review

As in years past, the bulk of the Georgia appellate court decisions in the area of constitutional law concerned the criminal law aspects of the Fourth, Fifth, and Sixth Amendments and the due process clause of the Fourteenth Amendment of the U.S. Constitution. A significant although lesser number of constitutional decisions involved civil matters and will also be discussed in this survey.

Adjudication Of Federal Causes Of Action In State Court, Martin H. Redish, John E. Muench

Michigan Law Review

The first section of this article considers the power of state courts to hear federal cases. Since it is now well established that state courts have the constitutional power to adjudicate federal causes of action if Congress so desires, the significant questions concern the method by which the judiciary is to decipher congressional intent. Although the courts have no difficulty where Congress has explicitly addressed the issue of state court jurisdiction, problems do arise in situations where Congress has remained silent on the question. The first section critically examines the traditional criteria employed by the courts for determining congressional intent …

The New Pro-Life Legislation: Patterns And Recommendations., Joseph P. Witherspoon

St. Mary's Law Journal

Abstract Forthcoming.

Buckley V. Valeo, Its Aftermath, And Its Prospects: The Constitutionality Of Government Restraints On Political Campaign Financing, Brice M. Clagett, John R. Bolton

Vanderbilt Law Review

The Supreme Court's decision in Buckley v. Valeo' undoubtedly will be the forerunner of many future decisions dealing with the complex area of political campaign finance and thus will exert a profound influence on the structure of American politics. From a broader perspective, the decision significantly applies fundamental constitutional law doctrines concerning the first amendment and separation of powers. Accordingly, a clear understanding of what the Court did and did not do in Buckley is essential to any further legislative or judicial initiatives in the regulation of political activity. This article will examine the Court's holdings in Buckley, describe the …

Constitutional Law-Substantive Due Process- Abortion-Reasonable Statutory Recordkeeping And Reporting Requirements Upheld-Planned Parenthood V. Danforth, James C. Swindler

BYU Law Review

No abstract provided.

Califano V. Goldfarb, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Swain V. Pressley, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Nixon V. Administrator Of General Services, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Village Of Arlington Heights V. Metropolitan Housing Development Authority Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Castaneda V. Partida, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.