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State Legislative Ratification Of Federal Constitutional Amendments: An Overview, Philip L. Martin Jan 1975

State Legislative Ratification Of Federal Constitutional Amendments: An Overview, Philip L. Martin

University of Richmond Law Review

Article V of the United States Constitution sets out the amend- ment procedure, which consists of two stages, proposal and ratification. Each stage, in turn, offers two alternative procedures which can be interchanged to provide four means of effecting constitutional alteration. An amendment may be proposed either by a two-thirds vote of each house of Congress or by a national convention assembled upon proper application by the legislatures of two-thirds of the states; and an amendment may be ratified, as Congress decides, either by three-fourths of the state legislatures or by conventions in three-fourths of the states. To date, the …

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Constitutional Law-Equal Protection-Failure To Appoint Counsel On Discretionary Appeals Held Not Violative Of Fourteenth Amendment Jan 1975

Constitutional Law-Equal Protection-Failure To Appoint Counsel On Discretionary Appeals Held Not Violative Of Fourteenth Amendment

University of Richmond Law Review

An indigent defendant in a state criminal prosecution is guaranteed the right to appointed counsel. The boundaries of this right, however, have yet to be fully developed. For instance, the right to counsel on appeal has developed in stages. Initially, the indigent criminal defendant successfully attacked state statutes establishing filing fees or other financial prerequisites which denied him access to the appellate level. Soon the Supreme Court clarified its position on such discriminatory statutes by specifically extending the right to proceed in forma pauperisto discretionary appeals. The indigent attempted to extend the Court's reasoning in the filing fee cases to …

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Constitutional Law-Criminal Law-Criminal Prosecution Subsequent To Juvenile Court Adjudicatory Hearing Constitutes Double Jeopardy Jan 1975

Constitutional Law-Criminal Law-Criminal Prosecution Subsequent To Juvenile Court Adjudicatory Hearing Constitutes Double Jeopardy

University of Richmond Law Review

In the late nineteenth century, the juvenile court system was established in this country to deal with youths who had committed criminal offenses, were likely to do so, or were otherwise in need of state supervision. Contrary to the criminal system, the juvenile courts began with articulated goals of treatment and rehabilitation. In theory, the state, acting through the juvenile system and under the doctrine of parens patriae, would shield the juvenile from the harsh reality of the criminal courts by placing him within a paternalistic judicial framework with a vast spectrum of remedies and a minimum of procedural formalities.

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Comparative Judicial Review And Constitutional Politics, Donald P. Kommers Jan 1975

Comparative Judicial Review And Constitutional Politics, Donald P. Kommers

Journal Articles

Donald P. Kommers reviews Richard D. Baker's Judicial Review in Mexico: A Study of the Amparo Suit (Austin and London: University of Texas Press, 1971); B. L. Strayer's Judicial Review of Legislation in Canada (Toronto: University of Toronto Press, 1968); Heinz Laufer's Verfassungsgerichtsbarkeit und politischer Prozess (Tiibingen: J.C.B. Mohr [Paul Siebeck ], 1968); Mauro Cappelletti's Judicial Review in the Contemporary World (Indianapolis: The Bobbs-Merrill Company, Inc., 1971); Edward McWhinney's Judicial Review (4th ed.) (Toronto: University of Toronto Press, 1969); Richard E. Johnston's The Effect of Judicial Review on Federal-State Relations in Australia, Canada, and the United States (Baton Rouge: Louisiana …

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New Approaches To The Civil Disabilities Of Ex-Offenders, Walter W. May, Larry F. Sword Jan 1975

New Approaches To The Civil Disabilities Of Ex-Offenders, Walter W. May, Larry F. Sword

Kentucky Law Journal

No abstract provided.

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Constitutional Regulation Of Provisional Creditor Remedies: The Cost Of Procedural Due Process, Robert E. Scott Jan 1975

Constitutional Regulation Of Provisional Creditor Remedies: The Cost Of Procedural Due Process, Robert E. Scott

Faculty Scholarship

In recent years a series of Supreme Court decisions has purported to envelop the rights of defaulting debtors in an enlarged concept of procedural due process. The central theme underlying this development is clearly an attempt by the Court to impose some degree of constitutional control on the exercise of provisional creditor remedies. The path that leads from Sniadach v. Family Finance Corp. to North Georgia Finishing, Inc. v. Di-Chem, Inc., is however, far from clear and the cases have provoked serious questioning of the meaning and impact of this doctrine. Due process as reflected in Sniadach and Fuentes …

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Note, Abortion And The Constitution: The Need For A Life-Protective Amendment, Robert A. Destro Jan 1975

Note, Abortion And The Constitution: The Need For A Life-Protective Amendment, Robert A. Destro

Scholarly Articles

As a result of the recent congressional hearings held on proposed constitutional amendments designed to overturn the rulings of the United States Supreme Court concerning abortion, the abortion controversy has once again become a major topic of public interest. The author seeks to identify the two distinct areas of debate involved in the issue and to discuss, in particular, the central topic raised by many of the proposals-the rights of the unborn.

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Thoughts On Rodriguez: Mr. Justice Powell And The Demise Of Equal Protection Analysis In The Supreme Court, Larry Yackle Jan 1975

Thoughts On Rodriguez: Mr. Justice Powell And The Demise Of Equal Protection Analysis In The Supreme Court, Larry Yackle

Faculty Scholarship

Since the fall of 1969 when Warren Earl Burger took his seat as Chief Justice, the academic community has placed the Supreme Court under a thorough and searching examination. Coming on the heels of enormous and far-reaching activity in the judicial branch, the Burger Court has been called to account for both its adherence to and its rejection of the Warren Court's innovations in constitutional adjudication. The purpose of this article is to continue that constructive criticism by taking stock, after five years, of the Court's performance in one significant class of cases-those interpreting the equal protection clause of the …

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Constitutional Common Law, Henry Paul Monaghan Jan 1975

Constitutional Common Law, Henry Paul Monaghan

Faculty Scholarship

Mr. Justice Powell has publicly characterized the 1974 Term of the Supreme. Court as a "dull" one. Whatever the accuracy of that description, the 1974 Term was, in the public eye, a quiet one. When, late in the Term, the Court ordered the death penalty case held over for reargument, it ensured that the 1974 Term would generate few front-page testimonials to the supreme authority of the Supreme Court. But neither a dull nor a quiet Term can obscure the current reality that the Court's claim to be the "ultimate interpreter of the Constitution" appears to command more nearly universal …

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A Reconsideration Of The Fourth Amendment's Doctrine Of Search Incident To Arrest.Pdf, David Aaronson Jan 1975

A Reconsideration Of The Fourth Amendment's Doctrine Of Search Incident To Arrest.Pdf, David Aaronson

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: The doctrine of search incident to arrest provides that, as an incident to every lawful full custody arrest, law enforcement officers have an automatic right to conduct a thorough search of the arrestee and the area within his immediate control.' Although the Supreme Court has stated that the search incident to arrest exception to the fourth amendment's general requirement of a search warrant has been "settled from its first enunciation," the doctrine should be reexamined in terms of constitutional jurisprudence.

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Executive Powers: The Role Of The Supreme Court In An Expanding Presidency, Gale M. Filter Jan 1975

Executive Powers: The Role Of The Supreme Court In An Expanding Presidency, Gale M. Filter

All Student Theses and Dissertations

In the "Pacificus-Helvidius" debate of 1793, Alexander Hamilton locked horns with James Madison in a classic exchange of broadsides on the issue of express versus inherent executive powers. In his interpretation of presidential powers, Hamilton sows the seeds for an argument which justifies the exercise of executive powers in combating situations of domestic emergency and in matters concerning the general welfare or public interest. The seeds of this theory took firm root more than sixty years later in the administration of Abraham Lincoln. Subsequently, the growth of these roots was stimulated by the Supreme Court's decisions in the famous cases …

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Constitutional Law—Flag Misuse And The First Amendment—Spence V. Washington, 94 S. Ct. 2727 (1974), Michael W. Hoge Nov 1974

Constitutional Law—Flag Misuse And The First Amendment—Spence V. Washington, 94 S. Ct. 2727 (1974), Michael W. Hoge

Washington Law Review

Defendant Spence displayed an inverted American flag from his apartment window during the days following the Cambodian incursion and Kent State tragedy in 1970. Affixed to the flag was a peace symbol, formed with black tape. The Washington Supreme Court sustained a conviction for violation of Washington State's "improper use" statute. On appeal to the Supreme Court, reversed. Held: The statute, as applied to defendant's conduct, impermissibly infringed expression protected by the first amendment. Spence v. Washington, 94 S. Ct. 2727 (1974).

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Kauper's 'Judicial Examination Of The Accused' Forty Years Later—Some Comments On A Remarkable Article, Yale Kamisar Nov 1974

Kauper's 'Judicial Examination Of The Accused' Forty Years Later—Some Comments On A Remarkable Article, Yale Kamisar

Articles

For a long time before Professor Paul Kauper wrote "Judicial Examination of the Accused" in 1932, and for a long time thereafter, the "legal mind" shut out the de facto inquisitorial system that characterized American criminal procedure. Paul Kauper could not look away. He recognized the "naked, ugly facts" (p. 1224) and was determined to do something about them -more than thirty years before Escobedo v. Illinois' or Miranda v. Arizona.2

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The Compulsory Process Clause, Peter Westen Nov 1974

The Compulsory Process Clause, Peter Westen

Michigan Law Review

Part I of this article traces the history of compulsory process, from its origin in the English transition from an inquisitional to an adversary system of procedure to its eventual adoption in the American Bill of Rights. Part II examines the Supreme Court's seminal decision in Washington v. Texas, which recognized after a century and a half of silence that the compulsory process clause was designed to enable the defendant not only to produce witnesses, but to put them on the stand and have them heard. Part III studies the implications of compulsory process for the defendant's case, from the …

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Gerstein V. Pugh, Lewis F. Powell Jr. Oct 1974

Gerstein V. Pugh, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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Eastland V. U.S. Servicemen’S Fund, Lewis F. Powell Jr. Oct 1974

Eastland V. U.S. Servicemen’S Fund, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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Blue Chip Stamps V. Manor Drug Stores, Lewis F. Powell Jr. Oct 1974

Blue Chip Stamps V. Manor Drug Stores, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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United States V. Mazurie, Lewis F. Powell Jr. Oct 1974

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

Supreme Court Case Files

No abstract provided.

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Erznoznik V. City Of Jacksonville, Lewis F. Powell Jr. Oct 1974

Erznoznik V. City Of Jacksonville, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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Village Of Belle Terre V. Boraas, 94 S. Ct. 1536 (1974), Florida State University Law Review Oct 1974

Village Of Belle Terre V. Boraas, 94 S. Ct. 1536 (1974), Florida State University Law Review

Florida State University Law Review

Constitutional Law- FOURTEENTH AMENDMENT- MUNICIPALITY ZONED EXCLUSIVELY FOR SINGLE-FAMILY DWELLINGS PROMOTES VALID COMMUNITY OBJECTIVES AND DOES NOT INTERFERE WITH RIGHT TO TRAVEL.

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Appellate Representation Of Indigents In Indiana, Richard L. Brown, Kenneth W. Dodge, Paula Gordon White Oct 1974

Appellate Representation Of Indigents In Indiana, Richard L. Brown, Kenneth W. Dodge, Paula Gordon White

Indiana Law Journal

No abstract provided.

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Further Considerations Relating To Romanist Infamy And The American Constitutional Conception Of Impeachment, Mitchell Franklin Oct 1974

Further Considerations Relating To Romanist Infamy And The American Constitutional Conception Of Impeachment, Mitchell Franklin

Buffalo Law Review

No abstract provided.

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The Constitutionality Of Employment Restrictions On Resident Aliens In The United States, Susan Bass Levin Oct 1974

The Constitutionality Of Employment Restrictions On Resident Aliens In The United States, Susan Bass Levin

Buffalo Law Review

No abstract provided.

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Threshold Determinations Under Section 102(2)(C) Of Nepa: The Case For "Reasonableness" As A Standard For Judicial Review Oct 1974

Threshold Determinations Under Section 102(2)(C) Of Nepa: The Case For "Reasonableness" As A Standard For Judicial Review

William & Mary Law Review

No abstract provided.

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Constitutional Allocation Of The War Powers Between The President And Congress: 1787-88, W. Taylor Reveley Iii Oct 1974

Constitutional Allocation Of The War Powers Between The President And Congress: 1787-88, W. Taylor Reveley Iii

Faculty Publications

For some time the international community has been keenly interested in the foreign uses to which America puts its military. The nature of these uses has traditionally been affected by the manner in which the Constitution divides the war powers between the President and Congress. This allocation of war-peace authority, in tum, is the product of a number of influences, among them the intentions of the Framers and Ratifiers for the text which they drafted and approved. Their war-power debates, as we shall see, have heavy international overtones.These debates have not been neglected, especially during America's recent involvement in Indochina. …

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The Third Impeachment Article: Congressional Bootstrapping, William W. Van Alstyne Oct 1974

The Third Impeachment Article: Congressional Bootstrapping, William W. Van Alstyne

Popular Media

No abstract provided.

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Ex Parte Prejudgment Replevin Statute Held Valid., James I. Calk Sep 1974

Ex Parte Prejudgment Replevin Statute Held Valid., James I. Calk

St. Mary's Law Journal

Abstract Forthcoming.

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Alaska Durational Residency Requirement Held Unconstitutional., John R. Lenahan Jr. Sep 1974

Alaska Durational Residency Requirement Held Unconstitutional., John R. Lenahan Jr.

St. Mary's Law Journal

Abstract Forthcoming.

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Impounding Pollution Control Funds, Thomas T. Alspach Jul 1974

Impounding Pollution Control Funds, Thomas T. Alspach

Florida State University Law Review

No abstract provided.

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Withdrawal Of Appointed Counsel From Frivolous Indigent Appeals, Michael R. Conner Jul 1974

Withdrawal Of Appointed Counsel From Frivolous Indigent Appeals, Michael R. Conner

Indiana Law Journal

No abstract provided.

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