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Articles 14341 - 14370 of 15628
Full-Text Articles in Entire DC Network
Overruling Roe V. Wade: An Analysis Of The Proposed Constitutional Amendments, Charles E. Rice
Overruling Roe V. Wade: An Analysis Of The Proposed Constitutional Amendments, Charles E. Rice
Journal Articles
It is not my purpose here to criticize the abortion decisions in detail. Professor Robert M. Byrn has exposed the many specific errors and evasions found in the majority opinions in those cases. As Professor Byrn demonstrates, the Supreme Court's opinions in Wade and Bolton are an intellectual shambles. I will not try to cover the same detailed ground that Professor Byrn did. Rather, after examining the medical evidence which establishes that the unborn child is a human being from the moment of conception, this article will evaluate the propriety of excluding this class of human beings from the protections …
Constitutional Law - The Eighth Amendment And Prison Reform, Ronald H. Rosenberg
Constitutional Law - The Eighth Amendment And Prison Reform, Ronald H. Rosenberg
Faculty Publications
No abstract provided.
The Fourth Amendment At The Airport: Arriving, Departing, Or Cancelled, Joel M. Gora
The Fourth Amendment At The Airport: Arriving, Departing, Or Cancelled, Joel M. Gora
Villanova Law Review (1956 - )
No abstract provided.
Landlord And Tenant - Pennsylvania'a Distress And Distraint Law - Landlord's Distress Procedure Is Per Se Unconstitutional As Violative Of Due Process Of Law, Richard L. Reppert
Landlord And Tenant - Pennsylvania'a Distress And Distraint Law - Landlord's Distress Procedure Is Per Se Unconstitutional As Violative Of Due Process Of Law, Richard L. Reppert
Villanova Law Review (1956 - )
No abstract provided.
An Overview Of Administrative Due Process: Part I, O. John Rogge
An Overview Of Administrative Due Process: Part I, O. John Rogge
Villanova Law Review (1956 - )
No abstract provided.
Furman V. Georgia: A Postmortem On The Death Penalty, Nicholas Scafidi
Furman V. Georgia: A Postmortem On The Death Penalty, Nicholas Scafidi
Villanova Law Review (1956 - )
No abstract provided.
Laird V. Tatum: The Supreme Court And A First Amendment Challenge To Military Surveillance Of Lawful Civilian Political Activity, Ralph Michael Stein
Laird V. Tatum: The Supreme Court And A First Amendment Challenge To Military Surveillance Of Lawful Civilian Political Activity, Ralph Michael Stein
Elisabeth Haub School of Law Faculty Publications
This Comment will explore the salient issues raised by Laird v. Tatum and will attempt to answer the following questions: Did the Supreme Court err in denying the political activists an opportunity to present witnesses at a District Court hearing and in deciding the issues on the original papers and appellate brief? Was the Military Intelligence (hereinafter MI) program complained of an impermissible abridgment of First Amendment rights? Did Justice Rehnquist behave improperly by participating in the Laird v. Tatum decision? Last, to what extent has the Supreme Court's decision in this case affected future adjudication of First Amendment class …
Constitutional Law - Labor Law - Public Employees' First Amendment Right To Freedom Of Association Violated By State Dismissal Based On Political Party Membership, Robert Christenson
Constitutional Law - Labor Law - Public Employees' First Amendment Right To Freedom Of Association Violated By State Dismissal Based On Political Party Membership, Robert Christenson
Loyola University Chicago Law Journal
No abstract provided.
The Constitutionality Of State Law Protection Of Sound Recordings, Lewis Kurlantzick
The Constitutionality Of State Law Protection Of Sound Recordings, Lewis Kurlantzick
Faculty Articles and Papers
No abstract provided.
The Emergency Doctrine Exception To The Warrant Requirement Under The Fourth Amendment, Edward G. Mascolo
The Emergency Doctrine Exception To The Warrant Requirement Under The Fourth Amendment, Edward G. Mascolo
Buffalo Law Review
No abstract provided.
Constitutional Law—Nontenured State University Professor Not Entitled To Protection Of Procedural Due Process Upon Nonrenewal Of Contract., Russell W. Petit
Constitutional Law—Nontenured State University Professor Not Entitled To Protection Of Procedural Due Process Upon Nonrenewal Of Contract., Russell W. Petit
Buffalo Law Review
Board of Regents of State Colleges v. Roth, 408 U.S. 564 (1972).
Sovereign Immunity - An Argument Con, Steven A. Sindell
Sovereign Immunity - An Argument Con, Steven A. Sindell
Cleveland State Law Review
Under the concept of sovereign or governmental immunity, a state may not be sued in tort without its consent. This doctrine, though the subject of repeated judicial challenges, is adhered to in a significant number of jurisdictions. It is the contention of this article that the reason for the rule no longer exists and that it should, therefore, be abolished as a controlling legal principle. Moreover, it is submitted that sovereign immunity violates the due process and equal protection.
Argersinger V. Hamlin - Right To Counsel Expanded To Include Offenses Which May Result In Imprisonment, Oliver Claypool Jr.
Argersinger V. Hamlin - Right To Counsel Expanded To Include Offenses Which May Result In Imprisonment, Oliver Claypool Jr.
Cleveland State Law Review
On June 12, 1972, The United States Supreme Court held in Argersinger v. Hamlin, ... that absent a knowing and intelligent waiver, no person may be imprisoned for any offense, whether classified as petty, misdemeanor, or felony, unless he was represented by counsel at his trial. Although, all of the ramifications of this decision have not yet been felt, American Bar Association president, Robert W. Meserve has estimated that the decision will require the legal profession to provide representation in some additional two to four million cases per year for indigent defendants alone.
Article V: Changing Dimensions In Constitutional Change, Francis H. Heller
Article V: Changing Dimensions In Constitutional Change, Francis H. Heller
University of Michigan Journal of Law Reform
To anyone raised under the Constitution of the United States, that document's declaration that it is "the supreme law of the land" may appear as a commonplace assertion. In some other nations the constitution is not viewed as law, but is seen as a primarily political document. In fact, some foreign constitutions are formally proclaimed to be "political constitutions." The writers of the American Constitution were well aware that they were engaged in fashioning an arrangement for the exercise of political functions and the peaceful adjustment of political conflict. And, however much validity there continues to be to de Tocqueville's …
Disparity In Financing Public Education: Is There An Alternative To Rodriguez?
Disparity In Financing Public Education: Is There An Alternative To Rodriguez?
University of Richmond Law Review
Revenues necessary to fund public education are generated by a system of school financing in general use throughout the United States. Basically, funds are derived from three sources: federal aid, state aid, and some form of local ad valorem tax on property, as determined by assessed values. Even though the percentages supplied by each source vary from jurisdiction to jurisdiction, each system appears to have one common denominator- a major portion of its operating fund is supplied by taxation of property situated within the school district or local unit of government. Obviously, a district with high property values can generate …
Constitutional Law-Search And Seizure-No Knock Entry Held Reasonable In Virginia When Exigencies Present
University of Richmond Law Review
The fourth amendment to the United States Constitution, an express proclamation of the citizens' indefeasible right against unreasonable searches and seizures, has now been held fully applicable to state searches and seizures through the due process clause of the fourteenth amendment. Neither the fourth amendment to the United States Constitution nor any law in Virginia expressly requires those persons performing a search to "announce" their presence, identity, or purpose prior to making their entry for a valid search. Despite the absence of an express requirement of announcement before entry, the early common law in England and subsequent case law in …
Hope For The Functionally Politically Impotent Government Employee--A Hatch Act Reappraisal, James T. Gilbert
Hope For The Functionally Politically Impotent Government Employee--A Hatch Act Reappraisal, James T. Gilbert
Kentucky Law Journal
No abstract provided.
Dimensions Of The Constitutional Obligation To Provide A Forum, John R. Leathers
Dimensions Of The Constitutional Obligation To Provide A Forum, John R. Leathers
Kentucky Law Journal
No abstract provided.
The Abolition Of Self-Help Repossession: The Poor Pay Even More, James J. White
The Abolition Of Self-Help Repossession: The Poor Pay Even More, James J. White
Articles
In this paper I propose to identify possible ways in which a court could uphold the constitutionality of section 9-503 without an explicit rejection of Fuentes v. Shevin. It is my thesis that Fuentes v. Shevin is probably an undesirable outcome, and that the application of the same doctrine to self-help repossession is certainly undesirable and would constitute due process gone berserk. My arguments will not be novel; each has been suggested by the courts that have considered this matter, or by the briefs of the lawyers who have argued these cases. I cannot even claim to have collected the …
The North Slope Borough, Oil, And The Future Of Local Government In Alaska, David H. Getches
The North Slope Borough, Oil, And The Future Of Local Government In Alaska, David H. Getches
Publications
No abstract provided.
Toward Due Process In Injunction Procedure, Doug R. Rendleman
Toward Due Process In Injunction Procedure, Doug R. Rendleman
Faculty Publications
No abstract provided.
The Forum Of Conscience: Applying Standards Under The Free Exercise Clause, Paul Marcus
The Forum Of Conscience: Applying Standards Under The Free Exercise Clause, Paul Marcus
Faculty Publications
The 1973 Supreme Court decision in Wisconsin v. Yoder reenforced and amplified the Court's earlier holding in Sherbert v. Verner that the free exercise clause of the first amendment requires the state to render substantial deference to religiously motivated behavior in the application of its laws and regulatory schemes. In this article, Mr. Marcus traces the evolving standards of free exercise doctrine and observes that the "balancing test" which has resulted from that evolution requires still further refinement to give religious freedom its full constitutional due. The author then illustrates how the new standards of free exercise might be applied …
The Property Tax, Governmental Services, And Equal Protection: A Rational Analysis, Thomas Allen Moon, William D. Moon
The Property Tax, Governmental Services, And Equal Protection: A Rational Analysis, Thomas Allen Moon, William D. Moon
Villanova Law Review (1956 - )
No abstract provided.
An Overview Of Administrative Due Process: Part Ii, O. John Rogge
An Overview Of Administrative Due Process: Part Ii, O. John Rogge
Villanova Law Review (1956 - )
No abstract provided.
Constitutional Law, Various Editors
Constitutional Law, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
Federal Statutes And Government Regulation, Various Editors
Federal Statutes And Government Regulation, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
Air Crimes: Perspective From The Cockpit, John J. O'Donnell
Air Crimes: Perspective From The Cockpit, John J. O'Donnell
Villanova Law Review (1956 - )
No abstract provided.
Skyjacking: Problems And Potential Solutions, Benjamin O. Davis Jr., Joel M. Gora, John B. Hannum, John T. Dailey
Skyjacking: Problems And Potential Solutions, Benjamin O. Davis Jr., Joel M. Gora, John B. Hannum, John T. Dailey
Villanova Law Review (1956 - )
No abstract provided.
Constitutional Law - Freedom Of Speech - Liquor Licensing Regulations Governing Nightclub Entertainment Are A Rational Exercise Of The State's Authority Under The Twenty-First Amendment, Even Though Expression Protected By The First Amendment Is Proscribed, E. R. Harding
Villanova Law Review (1956 - )
No abstract provided.
A Critical Guide To Ex Parte Mccardle, William W. Van Alstyne
A Critical Guide To Ex Parte Mccardle, William W. Van Alstyne
Faculty Publications
Given the growing trend of proposed Congressional bills seeking to remove certain types of cases from the Supreme Court's appellate jurisdiction, this examination looks back on Ex Parte McCardle, the quintessential case that defined the limits of the Exceptions Clause.