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Constitutional Law

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Articles 14191 - 14220 of 15628

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No Right To Counsel For Indigent Criminal Defendants On Subsequent Discretionary Appellate Review: Due Process Or Unequal Protection Jan 1975

No Right To Counsel For Indigent Criminal Defendants On Subsequent Discretionary Appellate Review: Due Process Or Unequal Protection

Maryland Law Review

No abstract provided.


Remedies For School Segregation: A Limit On The Equity Power Of The Federal Courts, A. Charles Dell'ario Jan 1975

Remedies For School Segregation: A Limit On The Equity Power Of The Federal Courts, A. Charles Dell'ario

UC Law Constitutional Quarterly

No abstract provided.


The Rule Of Reasonableness In Constitutional Adjudication: Toward The End Of Irresponsible Judicial Review And The Establishment Of A Viable Theory Of The Equal Protection Clause, Jeffrey M. Shaman Jan 1975

The Rule Of Reasonableness In Constitutional Adjudication: Toward The End Of Irresponsible Judicial Review And The Establishment Of A Viable Theory Of The Equal Protection Clause, Jeffrey M. Shaman

UC Law Constitutional Quarterly

No abstract provided.


California Bankers Association V. Shultz: An Attack On The Bank Secrecy Act, L. Gene Sanford Jan 1975

California Bankers Association V. Shultz: An Attack On The Bank Secrecy Act, L. Gene Sanford

UC Law Constitutional Quarterly

No abstract provided.


Self-Limitation By The United Kingdom Parliament, O. Hood Phillips Jan 1975

Self-Limitation By The United Kingdom Parliament, O. Hood Phillips

UC Law Constitutional Quarterly

No abstract provided.


The Constitutional Framework And The Current Political Crisis In India, Ved P. Nanda Jan 1975

The Constitutional Framework And The Current Political Crisis In India, Ved P. Nanda

UC Law Constitutional Quarterly

No abstract provided.


Village Of Belle Terre V. Boraas: Property Rights, Personal Rights And The Liberal Regime, William V. Frame, Thomas J. Scorza Jan 1975

Village Of Belle Terre V. Boraas: Property Rights, Personal Rights And The Liberal Regime, William V. Frame, Thomas J. Scorza

UC Law Constitutional Quarterly

No abstract provided.


Standing Armies And Armed Citizens: An Historical Analysis Of The Second Amendment, Roy G. Weatherup Jan 1975

Standing Armies And Armed Citizens: An Historical Analysis Of The Second Amendment, Roy G. Weatherup

UC Law Constitutional Quarterly

No abstract provided.


Civil Rights - State Executive Officials Afforded Qualified Immunity From Liability In Suits Maintained Under Section 1983, Steven E. Bernstein Jan 1975

Civil Rights - State Executive Officials Afforded Qualified Immunity From Liability In Suits Maintained Under Section 1983, Steven E. Bernstein

Villanova Law Review (1956 - )

No abstract provided.


An Early View Of Executive Powers And Privilege: The Trial Of Smith And Ogden, Robert J. Reinstein Jan 1975

An Early View Of Executive Powers And Privilege: The Trial Of Smith And Ogden, Robert J. Reinstein

UC Law Constitutional Quarterly

No abstract provided.


Comment: Desegregation -- The Times They Are A-Changin', Larry M. Storm Jan 1975

Comment: Desegregation -- The Times They Are A-Changin', Larry M. Storm

Fordham Urban Law Journal

Courts are currently concerned over the extent of their powers to integrate racially separate housing and schools within metropolitan areas containing black inner cities and white suburbs. This Comment reviews the jurisprudence addressing when it is a proper exercise of a court's equity jurisdiction to fashion a metropolitan or interdistrict remedial order in which the city and its surrounding suburbs are treated as one system. The Comment focuses on the recent Supreme Court decision in Milliken v. Bradley, in which the Court reversed a decision of the Sixth Circuit Court of Appeals which upheld the district court's power to order …


The New Equal Protection- Substantive Due Process Resurrected Under A New Name, Barbara Brenneman Jan 1975

The New Equal Protection- Substantive Due Process Resurrected Under A New Name, Barbara Brenneman

Fordham Urban Law Journal

This Note analyzes the Fifth Circuit's recent decision in David v. Weir, in which a tenant whose water supply was terminated without notice by the City of Atlanta Department of Public Works because of his landlord's failure to pay an outstanding bill, alleged that the Department's termination policy, authorized by city ordinances, and its refusal to contract with the plaintiff until the landlord's debts were paid, violated the equal protection and due process clauses of the United States Constitution. The Fifth Circuit found that the Department's action violated equal protection because it divided applicants for service into two classes: those …


Pre-Trial Detainees Must Be Held Under The Least Restrictive Means Possible To Assure The Detainees' Presence At Trial. Rhem V. Malcolm, 371 F. Supp. 594, Opinion Supplemented, 377 F. Supp. 995 (S.D.N.Y.), Aff'd, 507 F.2d 333 (2d Cir. 1974)., Todd L. Klipp Jan 1975

Pre-Trial Detainees Must Be Held Under The Least Restrictive Means Possible To Assure The Detainees' Presence At Trial. Rhem V. Malcolm, 371 F. Supp. 594, Opinion Supplemented, 377 F. Supp. 995 (S.D.N.Y.), Aff'd, 507 F.2d 333 (2d Cir. 1974)., Todd L. Klipp

Fordham Urban Law Journal

Plaintiffs, detainees at the Manhattan House of Detention for Men (MHD), more commonly known as the "Tombs," brought suit for declaratory and injunctive relief against the Commissioner of Corrections of the City of New York, the warden, the mayor, and various state officials. Plaintiffs alleged that the conditions of their detention constituted a denial of their rights under the first, fifth, sixth, eighth, and fourteenth amendments. The United States District Court for the Southern District of New York found unconstitutional conditions did exist and ordered the city to submit a plan within thirty days to remedy the constitutional infirmities. Six …


Statistical Decision Theory And The Selection Of Grand Jurors: Testing For Discrimination In A Single Panel, Peter W. Sperlich, Martin L. Jaspovice Jan 1975

Statistical Decision Theory And The Selection Of Grand Jurors: Testing For Discrimination In A Single Panel, Peter W. Sperlich, Martin L. Jaspovice

UC Law Constitutional Quarterly

No abstract provided.


Due Process In Sentencing: A Right To Rebut The Presentence Report, Robert Andrew Harkness Jan 1975

Due Process In Sentencing: A Right To Rebut The Presentence Report, Robert Andrew Harkness

UC Law Constitutional Quarterly

No abstract provided.


Notice And Due Process In Federal Class Actions: A Requiem For Revised Rule 23, Duane W. Reno Jan 1975

Notice And Due Process In Federal Class Actions: A Requiem For Revised Rule 23, Duane W. Reno

UC Law Constitutional Quarterly

No abstract provided.


Constitutional Right Of Privacy And Investigative Consumer Reports: Little Brother Is Watching You, Marsha Morrow Mclaughlin, Suzanne Vaupel Jan 1975

Constitutional Right Of Privacy And Investigative Consumer Reports: Little Brother Is Watching You, Marsha Morrow Mclaughlin, Suzanne Vaupel

UC Law Constitutional Quarterly

No abstract provided.


The Public's Right To Know: Pell V. Procunier And Saxbe V. Washington Post Co., Lawrence K. Rockwell Jan 1975

The Public's Right To Know: Pell V. Procunier And Saxbe V. Washington Post Co., Lawrence K. Rockwell

UC Law Constitutional Quarterly

No abstract provided.


Constitutional Prohibitions Of Cruel, Inhumane Or Unnecessary Death, Injury Or Suffering During Law Enforcement Process, Jordan J. Paust Jan 1975

Constitutional Prohibitions Of Cruel, Inhumane Or Unnecessary Death, Injury Or Suffering During Law Enforcement Process, Jordan J. Paust

UC Law Constitutional Quarterly

No abstract provided.


Cutting The Gordian Knot: State Action And Self-Help Repossession, Lawrence A. Alexander Jan 1975

Cutting The Gordian Knot: State Action And Self-Help Repossession, Lawrence A. Alexander

UC Law Constitutional Quarterly

No abstract provided.


American Citizenship After Afroyim And Bellei: Continuing Controversy, David F. Schwartz Jan 1975

American Citizenship After Afroyim And Bellei: Continuing Controversy, David F. Schwartz

UC Law Constitutional Quarterly

No abstract provided.


Jury Service Is A Fundamental Right, Jon M. Van Dyke Jan 1975

Jury Service Is A Fundamental Right, Jon M. Van Dyke

UC Law Constitutional Quarterly

No abstract provided.


A Proposal For A Constitutional Innkeepers' Lien Statute, David M. Kohen Jan 1975

A Proposal For A Constitutional Innkeepers' Lien Statute, David M. Kohen

Buffalo Law Review

No abstract provided.


Racial Bias And The Lsat: A New Approach To The Defense Of Preferential Admissions, David A. Weber Jan 1975

Racial Bias And The Lsat: A New Approach To The Defense Of Preferential Admissions, David A. Weber

Buffalo Law Review

No abstract provided.


A Balancing Approach: State Franchise Law And Federal Trademark Law, Jane F. Clemens Jan 1975

A Balancing Approach: State Franchise Law And Federal Trademark Law, Jane F. Clemens

Buffalo Law Review

No abstract provided.


Hearsay And Confrontation: Can The Criminal Defendant's Rights Be Preserved Under A Bifurcated Standard? Jan 1975

Hearsay And Confrontation: Can The Criminal Defendant's Rights Be Preserved Under A Bifurcated Standard?

Washington and Lee Law Review

No abstract provided.


The Canada Business Corporations Act: Some Aspects Of Transnational Interest, Robert W.V. Dickerson, David L. Vaughan Jan 1975

The Canada Business Corporations Act: Some Aspects Of Transnational Interest, Robert W.V. Dickerson, David L. Vaughan

Vanderbilt Journal of Transnational Law

With passage into law on March 24, 1975, of the Canada Business Corporations Act (CBCA) it is probably safe to say by way of provocative introduction that Canada has enacted the most modern corporation law in the English-speaking world. The Act is to be proclaimed in force at the end of December, 1975. Although the predecessor statute, the Canada Corporations Act, will remain in force, no new corporations may be incorporated under it.


Constitutional Law- Due Process- All But Minimal Procedural Due Process Safeguards Held Inapplicable At In-Prison Disciplinary Proceedings Jan 1975

Constitutional Law- Due Process- All But Minimal Procedural Due Process Safeguards Held Inapplicable At In-Prison Disciplinary Proceedings

University of Richmond Law Review

Inmates in penal institutions have historically been afforded less than the full panoply of procedural rights which the federal courts have guaranteed in criminal proceedings. The traditional attitude that constitutional rights were left outside the prison gate eventually gave way to a recognition that some fundamental substantivedue process rights are retained by prisoners. Because of an unwillingness to risk possible impairment of security and order by overburdening officials with procedural matters, the judiciary fashioned a "hands-off" doctrine as to proceduraldue process rights. This doctrine precluded judicial review of prison disciplinary action absent a showing that the action violated the eighth …


Constitutional Law-Civil Rights-Absent State Involvement, Right Of Association Not Protected By 42 Usc § 1985(3) Jan 1975

Constitutional Law-Civil Rights-Absent State Involvement, Right Of Association Not Protected By 42 Usc § 1985(3)

University of Richmond Law Review

42 U.S.C. § 1985(3) was enacted' to curtail the Ku Klux Klan's terrorist activities in the South by prohibiting conspiracies to deprive any person "of the equal protection of the laws, or of equal privileges and immunities under the laws. . . ." From its inception, the major controversy has concerned whether the statute requires an element of state action. The first judicial statement construed the statute as reaching only conspiracies carried out under color of state law. Twenty years later, a unanimous Supreme Court found the statute to "fully encompass the conduct of private persons" attempting to deprive an …


The Scope Of The Sixth Amendment: Who Is A Criminal Defendant?, David Rossman Jan 1975

The Scope Of The Sixth Amendment: Who Is A Criminal Defendant?, David Rossman

Faculty Scholarship

When the Supreme Court, in Argersinger v. Hamlin, extended the right to counsel to misdemeanor defendants facing imprisonment, it raised the prospect of an eventual expansion of this right to defendants in all criminal prosecutions. This expansion appears to be the probable culmination of the historical development of the right to counsel. While prediction from a trend is never fully satisfactory, a trend toward such expansion exists nonetheless. The interpretation of the scope of the sixth amendment right to counsel as applied to the states has evolved from application to defendants in capital cases, to application to those whose lack …