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Constitutional Law

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United Jewish Organizations Of Williamsburgh, Inc. V. Carey, Lewis F. Powell Jr. Oct 1976

United Jewish Organizations Of Williamsburgh, Inc. V. Carey, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Zacchini V. Scripps-Howard Broadcasting Co., Lewis F. Powell Jr. Oct 1976

Zacchini V. Scripps-Howard Broadcasting Co., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Vorchheimer V. School District Of Philadelphia, Lewis F. Powell Jr. Oct 1976

Vorchheimer V. School District Of Philadelphia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Mathews V. Goldfarb, Lewis F. Powell Jr. Oct 1976

Mathews V. Goldfarb, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States Trust Co. Of New York V. New Jersey, Lewis F. Powell Jr. Oct 1976

United States Trust Co. Of New York V. New Jersey, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Moe V. Confederated Salish & Kootenai Tribes Of The Flatland Reservation, Lewis F. Powell Jr. Oct 1976

Moe V. Confederated Salish & Kootenai Tribes Of The Flatland Reservation, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Stencel Aero Engineering Corp. V. United States, Lewis F. Powell Jr. Oct 1976

Stencel Aero Engineering Corp. V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Antelope, Lewis F. Powell Jr. Oct 1976

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

Supreme Court Case Files

No abstract provided.


Dayton Board Of Education V. Brinkman, Lewis F. Powell Jr. Oct 1976

Dayton Board Of Education V. Brinkman, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Milliken V. Bradley, Lewis F. Powell Jr. Oct 1976

Milliken V. Bradley, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Martin V. Security Services, Inc., 314 So.2d 765 (Fla. 1975), Nancy Ann Daniels Oct 1976

Martin V. Security Services, Inc., 314 So.2d 765 (Fla. 1975), Nancy Ann Daniels

Florida State University Law Review

Torts- WRONGFUL DEATH- FLORIDA'S WRONGFUL DEATH ACT IS CONSTITUTIONAL AND PERMITS PUNITIVE DAMAGES.


Affirmative Discrimination: Ethnic Inequality And Public Policy, By Nathan Glazer; Discriminating Against Discrimination: Preferential Admissions And The Defunis Case, By Robert M. O'Neil, Robert B. Mckay Oct 1976

Affirmative Discrimination: Ethnic Inequality And Public Policy, By Nathan Glazer; Discriminating Against Discrimination: Preferential Admissions And The Defunis Case, By Robert M. O'Neil, Robert B. Mckay

Indiana Law Journal

No abstract provided.


Domestic Intelligence Informants, The First Amendment And The Need For Prior Judicial Review, Martin L. Perschetz Oct 1976

Domestic Intelligence Informants, The First Amendment And The Need For Prior Judicial Review, Martin L. Perschetz

Buffalo Law Review

No abstract provided.


The New Dimensions Of Constitutional Adjudication, Archibald Cox Oct 1976

The New Dimensions Of Constitutional Adjudication, Archibald Cox

Washington Law Review

The new dimensions to which my title refers are of a different order; they are not substantive but institutional. That the Supreme Court has always played a partly political role—that it has always made a certain amount of public policy in some areas under the guise of interpreting the Constitution—is all too obvious. That it has usually felt partly bound by "law" is equally obvious to anyone who understands the self-discipline of the legal method. The question of emphasis always remains. How large or small is—or should be—the political element in judicial decisions? There also remains a second question. How …


Sanders V. Weinberger: Judicial Review Of Decisions Not To Reopen Administrative Proceedings Under The Social Security Act Oct 1976

Sanders V. Weinberger: Judicial Review Of Decisions Not To Reopen Administrative Proceedings Under The Social Security Act

William & Mary Law Review

No abstract provided.


Civil Commitment In Texas - An Illusion Of Due Process., Willis Luttrell Sep 1976

Civil Commitment In Texas - An Illusion Of Due Process., Willis Luttrell

St. Mary's Law Journal

Abstract Forthcoming.


Rights Of Accused Not Violated By Trial In Prison Clothing If No Objection Is Made During Trial Or Pretrial Proceedings., Patrick Strong Sep 1976

Rights Of Accused Not Violated By Trial In Prison Clothing If No Objection Is Made During Trial Or Pretrial Proceedings., Patrick Strong

St. Mary's Law Journal

Abstract Forthcoming.


A Jury Of One's Peers, Lewis H. Larue Sep 1976

A Jury Of One's Peers, Lewis H. Larue

Washington and Lee Law Review

No abstract provided.


Constitutional Law—Due Process—Civil Commitment—Absent Treatment, A Nondangerous Mentally Ill Person Able To Survive Safely In Society Has A Constitutional Right To Release—O'Connor V. Donaldson, 422 U.S. 563 (1975), Sheila M. Burnstein Jul 1976

Constitutional Law—Due Process—Civil Commitment—Absent Treatment, A Nondangerous Mentally Ill Person Able To Survive Safely In Society Has A Constitutional Right To Release—O'Connor V. Donaldson, 422 U.S. 563 (1975), Sheila M. Burnstein

Washington Law Review

Plaintiff Kenneth Donaldson, a former state mental patient, brought an action for damages under 42 U.S.C. § 19831 in federal district court against five state hospital officials alleged to have intentionally and maliciously deprived him of his constitutional right to liberty. Despite repeated efforts to secure his release, the plaintiff was confined in a Florida state mental hospital for nearly fifteen years following his civil commitment in 1957 for care, maintenance, and treatment. Although the plaintiff was provided with routine custodial care during his hospital stay, he received no psychiatric treatment for his presumed mental illness. Contending that the defendants …


Constitutional Law--Civil Rights--Georgia's Bar Exam Does Not Unconstitutionally Discriminate On The Basis Of Race, Richard B. Badgley Jul 1976

Constitutional Law--Civil Rights--Georgia's Bar Exam Does Not Unconstitutionally Discriminate On The Basis Of Race, Richard B. Badgley

Mercer Law Review

In Tyler v. Vickery the Fifth Circuit Court of Appeals held that the Georgia bar examination does not discriminate against blacks in violation of the equal protection clause of the fourteenth amendment and that traditional constitutional tests, rather than EEOC guidelines promulgated under title VII of the Civil Rights Act of 1964, are the appropriate standards by which the constitutionality of the examination must be judged. The court further held that the failure to provide for a review of a failing grade does not violate the due process clause of the fourteenth amendment because those who fail the bar exam …


Constitutional Law--Legislative Immunity Outweighs First Amendment Rights, John J. Copelan Jr. Jul 1976

Constitutional Law--Legislative Immunity Outweighs First Amendment Rights, John J. Copelan Jr.

Mercer Law Review

In Eastland v. United States Servicemen's Fund the United States Supreme Court held that even in the face of an alleged infringement of first amendment rights, when a Senate subcommittee's activity falls within the "legitimate legislative sphere," the speech or debate clause of the United States Constitution protects the activities of the subcommittee, the individual senators and the chief counsel, thereby prohibiting judicial interference to enjoin a subpoena issued by the subcommittee.


Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach Jun 1976

Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach

West Virginia Law Review

No abstract provided.


School Books, Lesson Plans, And The Constitution, Frederick F. Schauer May 1976

School Books, Lesson Plans, And The Constitution, Frederick F. Schauer

West Virginia Law Review

No abstract provided.


Trusteeship And Canada's Indians, L. C. Green May 1976

Trusteeship And Canada's Indians, L. C. Green

Dalhousie Law Journal

Trusteeship and Canada's Indians It has been suggested recently by some of those concerned with putting forward claims on behalf of Canada's Indians that Canada stands in the position of a trustee, and the contention has been made that this relationship is not merely one of municipal concern, but that the international trusteeship system extends to them. In so far as the North American Indians are concerned, the idea of trusteeship may be traced back to the comment of Chief Justice Marshall in Cherokee Nation v. Georgia:1 [The Indians] are in a state of pupilage; their relation to the United …


Trusteeship And Canada's Indians, L. C. Green May 1976

Trusteeship And Canada's Indians, L. C. Green

Dalhousie Law Journal

Trusteeship and Canada's Indians It has been suggested recently by some of those concerned with putting forward claims on behalf of Canada's Indians that Canada stands in the position of a trustee, and the contention has been made that this relationship is not merely one of municipal concern, but that the international trusteeship system extends to them. In so far as the North American Indians are concerned, the idea of trusteeship may be traced back to the comment of Chief Justice Marshall in Cherokee Nation v. Georgia:1 [The Indians] are in a state of pupilage; their relation to the United …


Trusteeship And Canada's Indians, L. C. Green May 1976

Trusteeship And Canada's Indians, L. C. Green

Dalhousie Law Journal

Trusteeship and Canada's Indians It has been suggested recently by some of those concerned with putting forward claims on behalf of Canada's Indians that Canada stands in the position of a trustee, and the contention has been made that this relationship is not merely one of municipal concern, but that the international trusteeship system extends to them. In so far as the North American Indians are concerned, the idea of trusteeship may be traced back to the comment of Chief Justice Marshall in Cherokee Nation v. Georgia:1 [The Indians] are in a state of pupilage; their relation to the United …


Trusteeship And Canada's Indians, L. C. Green May 1976

Trusteeship And Canada's Indians, L. C. Green

Dalhousie Law Journal

Trusteeship and Canada's Indians It has been suggested recently by some of those concerned with putting forward claims on behalf of Canada's Indians that Canada stands in the position of a trustee, and the contention has been made that this relationship is not merely one of municipal concern, but that the international trusteeship system extends to them. In so far as the North American Indians are concerned, the idea of trusteeship may be traced back to the comment of Chief Justice Marshall in Cherokee Nation v. Georgia:1 [The Indians] are in a state of pupilage; their relation to the United …


Trusteeship And Canada's Indians, L. C. Green May 1976

Trusteeship And Canada's Indians, L. C. Green

Dalhousie Law Journal

Trusteeship and Canada's Indians It has been suggested recently by some of those concerned with putting forward claims on behalf of Canada's Indians that Canada stands in the position of a trustee, and the contention has been made that this relationship is not merely one of municipal concern, but that the international trusteeship system extends to them. In so far as the North American Indians are concerned, the idea of trusteeship may be traced back to the comment of Chief Justice Marshall in Cherokee Nation v. Georgia:1 [The Indians] are in a state of pupilage; their relation to the United …


Constitutional Law-Criminal Procedure-Criminal Contempt-The Right To Trial By Jury - Muniz V. Hoffman, Lon D. Packard May 1976

Constitutional Law-Criminal Procedure-Criminal Contempt-The Right To Trial By Jury - Muniz V. Hoffman, Lon D. Packard

BYU Law Review

No abstract provided.


Personality Testing By The Schools: A Possible Invasion Of Privacy, Angelika Hoyman Apr 1976

Personality Testing By The Schools: A Possible Invasion Of Privacy, Angelika Hoyman

IUSTITIA

Contemporary critics, concerned with the maintenance of personal privacy, have termed the use of personality tests a "white glove rack and screw" . Monroe H. Freedman, Dean of Hofstra University School of Law, while testifying before a congressional subcommittee, compared the use of psychological tests to the administration of truth serums and found both to be an affront to personal dignity.

Nevertheless, the 1960's witnessed a three-fold increase in the number of school counselors employed in most schools and a nation-wide survey of these counselors indicated that at least one-third of their time was spent in dealing with the personal …