Digital Commons Network^™

Lubin V. Panish, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Schlesinger V. Reservists Committee, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Ross V. Moffitt, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Smith V. Goguen, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Merrill Lynch, Pierce, Fenner & Smith V. Ware, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Married Woman's Right To Her Maiden Name: The Possibilities For Change, Linda J. Mead

Buffalo Law Review

No abstract provided.

Corrections Law—Right To Counsel At Preliminary Parole Revocation Hearings In New York State To Be Determined By The Parole Board On Case-By-Case Basis., Peggy Rabkin

Buffalo Law Review

People ex rel. Galloway v. Skinner, 33 N.Y.2d 23, 300 N.E.2d 716, 347 N.Y.S.2d 178 (1973).

Reversals In The Federal Constitutional Amendment Process: Efficacy Of State Ratifications Of The Equal Rights Amendment, Lynn Andretta Fishel

Indiana Law Journal

No abstract provided.

The Case Against Entrenchment Of A Canadian Bill Of Rights, Douglas A. Schmeiser

Dalhousie Law Journal

A limited form of judicial review has always been a prominent feature of Canadian federalism. Immediately after confederation, Canadian Courts assumed the jurisdiction to declare a statute to be beyond the legislative competence of the enacting body.' Until comparatively recently, Courts have also assumed that a totality of unrestricted legislative power resides in Parliament and the Provincial legislatures, i.e., as long as legislative jurisdiction exists, there is no limitation on the nature of legislation which may be passed.

Statutory Grandchild Visitation., Duncan Gault

St. Mary's Law Journal

Abstract Forthcoming.

Alternative Approaches To Exhaustion Of State Remedies In Federal Habeas Corpus

Washington and Lee Law Review

No abstract provided.

The Clouded Issue In Public Welfare: Right V. Privilege., Judith Harris Brown

St. Mary's Law Journal

Abstract Forthcoming.

Fifth Amendment Protection Does Not Extend To Documents In Possesion Of Taxpayer's Attorney., Samuel R. Graham

St. Mary's Law Journal

Abstract Forthcoming.

Constitutional Law—Creditor-Debtor Law: Procedural Due Process And Washington's Prejudgment Seizure Procedures—Fuentes V. Shevin, 407 U.S. 67 (1972), P. A. G.

Washington Law Review

A recent United States Supreme Court decision, Fuentes v. Shevin, and two recent Washington Court of Appeals decisions, Lucas v. Stapp and Seattle Credit Bureau v. Hibbitt, held that except in extraordinary situations the due process clause of the fourteenth amendment to the United States Constitution requires notice and an opportunity to be heard before any significant property interest can be seized by actions involving government officials. Under these cases, Washington's attachment, garnishment, and replevin statutes appear to be unconstitutional insofar as they provide for prejudgment seizure of a defendant's property without prior notice and an opportunity to be heard. …

Immunity Under The Speech Or Debate Clause For Republican And From Questioning About Sources, Michigan Law Review

Michigan Law Review

Gravel v. United States, which arose out of Senator Mike Gravel's attempt to publicize the Pentagon Papers, concerned the scope of the immunity conferred upon a legislator and his aide under article I, section 6, of the United States Constitution. This provision, commonly called the "speech or debate clause," provides that "for any Speech or Debate in either House, [United States Senators or Representatives] shall not be questioned in any other Place." Gravel is one of the few Supreme Court interpretations of this clause.

The Kenyan Constitution And The Question Of Succession: The Influence Of A Strong Leader, Barbara Kelley

IUSTITIA

Mzee Jomo Kenyatta, President of the Republic of Kenya, is over eighty years of age. The prospect of the people of Kenya having to select a successor to President Kenyatta raises fundamental questions regarding the status of Kenya's constitution in terms of its having assumed, in the minds of Kenyans, the aura of legitimacy to the extent that they will accept its mandate as the supreme law. This paper will be an attempt to analyze, first, the process of legitimization of the Kenya constitution, specifically in regard to the provisions for succession to the presidency; and secondly, to ascertain what, …

The Supreme Court, Compulsory Education, And The First Amendment's Religion Clauses, Philip B. Kurland

West Virginia Law Review

No abstract provided.

Fact Style Adjudication And The Fourth Amendment: The Limits Of Lawyering, Roger B. Dworkin

Indiana Law Journal

No abstract provided.

The Right To A Hearing Prior To Termination Of Utility Services, Anthony Ilardi Jr.

Buffalo Law Review

No abstract provided.

The Equal Rights Amendment: Constraint On Discretion In Family Law, Marylou Clark, Tricia Semmelhack, Sara Steinbock

Buffalo Law Review

No abstract provided.

Constitutional Torts: Section 1983 Redress For The Deprived Debtor

William & Mary Law Review

No abstract provided.

Recent Developments, Law Review Staff

Vanderbilt Law Review

The institution of criminal charges against critical or disfavored legislators by the King of England was the prime factor prompting the long struggle for parliamentary privilege and, in the context of the American system of separation of powers, is the predominant thrust of the speech or debate clause. If the privilege of legislative immunity is to perform its traditional function of permitting legislators to carry out their legislative functions without fear of prosecution or harrassment from the executive and judicial branches, it should be applied broadly to effectuate its intended purpose of preserving the independence of the legislature and public …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Torts--Lex Loci Delicti Is Proper Law When Parties Are Domiciled in Different Jurisdictions Unless Displacing That Law Advances Forum State's Substantive Law Purposes Without Impeding Interstate Relations or Predictability of Result

Plaintiff, an Ontario domiciliary, brought an action in New York for the wrongful death of her husband, also a domiciliary of Ontario,who was killed in a collision in that province' while a passenger in an automobile driven by defendant's intestate, a New York domiciliary. Defendant pleaded as an affirmative defense the Ontario guest statute, which restricts a guest's recovery to damages for injuries sustained only as a …

The Constitutionality Of State Residency Requirements For Admission To The Bar, Michigan Law Review

Michigan Law Review

There has been controversy in the lower federal courts concerning durational residency requirements and one recent state court challenge of a simple residency requirement. This Note will discuss the constitutional validity of these requirements in the face of equal protection attacks, concentrating on the extent to which such requirements are justified by the interests of state courts in maintaining the integrity of their legal systems.

Constitutional Law - Criminal Law - Testimonial Immunity Adopted In Kastigar V. United States To Supplant Prior Federal Immunity Grants, Kathleen J. O'Neill

Loyola University Chicago Law Journal

No abstract provided.

Couch V. United States, 409 U.S. 322 (1973), Florida State University Law Review

Florida State University Law Review

Constitutional Law-SELF-INCRIMINATION-TAXPAYER CANNOT CLAIM PRIVILEGE AGAINST SELF-INCRIMINATION To PREVENT PRODUCTION OF RECORDS IN POSSESSION OF INDEPENDENT ACCOUNTANT AT TIME ADMINISTRATIVE SUMMONS ISSUED.

Constitutional Law - Requiring Newsmen To Appear And Testify Before Federal And State Grand Juries Does Not Abridge Freedom Of Speech Or Freedom Of Press Guaranteed By First Amendment, Susan Steiner Sher

Loyola University Chicago Law Journal

No abstract provided.

The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills

Scholarly Publications

The Supreme Court's decision abolishing the death penalty, at least as it existed in most jurisdictions, hardly represents the final resolution of the controversy over capital punishment. Given substantial public sentiment which apparently favors capital punishment in some form-voiced, for example, in the results of the recent referendum in California-various legislative bodies will face the question of whether capital punishment can and should be legislatively reinstated. In December 1972 the State of Florida became the first jurisdiction to pass judgment on this question. The legislature enacted a bill allowing imposition of the death penalty in certain circumstances. The two articles …

A Constitutional Analysis Of Student Residency Laws, Allen M. Silk

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - Privilege Against Self-Incrimination - Compulsory Production Of Taxpayer's Business Records In Third Party Possession Held Not Violative Of The Fourth And Fifth Amendments, Douglas Paul Coopersmith

Villanova Law Review (1956 - )

No abstract provided.