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Constitutional Law

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Articles 14401 - 14430 of 15628

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State Durational Residence Requirements As A Violation Of The Equal Protection Clause, Mable A. Minor Apr 1972

State Durational Residence Requirements As A Violation Of The Equal Protection Clause, Mable A. Minor

North Carolina Central Law Review

No abstract provided.


Congressional Power To Define The Presidential Pocket Veto Power, Arthur S. Miller Apr 1972

Congressional Power To Define The Presidential Pocket Veto Power, Arthur S. Miller

Vanderbilt Law Review

Two recent exercises of the "pocket veto" by President Nixon have evoked controversy over the constitutional distribution of power and responsibility for negativing congressional actions! On December 14,1970, Congress sent to the President Senate Bill 3418, the Family Practice of Medicine Act. The bill had originated in the Senate, which recessed at the close of business on December 22, 1970, until 12:00 o'clock noon on December 28. Before recessing, unanimous consent had been given the Secretary of the Senate to receive messages from the President during this period. At about the same time House of Representatives Bill 3571, a private …


In The Determination Of Aliens Deportable Under 8 U.S.C. 1251(A)(4) The Crime Of Statutory Rape Is Usually Classified As Rape And Such A Crime Manifestly Involves Moral Turpitude., Jeptha C. Tatum Mar 1972

In The Determination Of Aliens Deportable Under 8 U.S.C. 1251(A)(4) The Crime Of Statutory Rape Is Usually Classified As Rape And Such A Crime Manifestly Involves Moral Turpitude., Jeptha C. Tatum

St. Mary's Law Journal

Abstract Forthcoming.


The Constitutionality Of Mandatory Sentence Statutes Mar 1972

The Constitutionality Of Mandatory Sentence Statutes

Washington and Lee Law Review

No abstract provided.


The Hunting Of The Shark: An Inquiry Into The Limits Of Congressional Power Under The Commerce Clause, David S. Bogen Jan 1972

The Hunting Of The Shark: An Inquiry Into The Limits Of Congressional Power Under The Commerce Clause, David S. Bogen

Faculty Scholarship

No abstract provided.


Book Review: Reconstruction And Reunion, 1864-88, Part One, David S. Bogen Jan 1972

Book Review: Reconstruction And Reunion, 1864-88, Part One, David S. Bogen

Faculty Scholarship

No abstract provided.


"Law And Order" And Protection Of The Rights Of The Accused In The United States And In India: A General Framework For Comparison, K. M. Sharma Jan 1972

"Law And Order" And Protection Of The Rights Of The Accused In The United States And In India: A General Framework For Comparison, K. M. Sharma

Buffalo Law Review

No abstract provided.


Presentence Confinement And The Constitution: The Burial Of Dead Time, F. Thomas Schornhorst Jan 1972

Presentence Confinement And The Constitution: The Burial Of Dead Time, F. Thomas Schornhorst

Articles by Maurer Faculty

No abstract provided.


County Home Rule: An Approach To Metropolitan Problems In Michigan, Stephen M. Silverman Jan 1972

County Home Rule: An Approach To Metropolitan Problems In Michigan, Stephen M. Silverman

University of Michigan Journal of Law Reform

This note examines what seems to be the most viable solution for metropolitan problems in Michigan: county home rule, as authorized by the 1963 state constitution. Since the primary obstacle to the use of county- home rule as a vehicle for metropolitan reform appears to lie in the present statutory authority, the Michigan County Home Rule Act of 1966 (Act), considerable attention is given to the Act and to recent legislation proposed to amend the Act, Michigan House Bill 5464, introduced into the Michigan Legislature on June 21, 1971, and currently pending before the Michigan House Committee on Towns and …


The Obscenity Terms Of The Court, O. John Rogge Jan 1972

The Obscenity Terms Of The Court, O. John Rogge

Villanova Law Review (1956 - )

No abstract provided.


The Role Of Law In Educational Decision Making, John H. Vanderzell, Donald W. Dowd, Matthew W. Finkin, Mark R. Shedd Jan 1972

The Role Of Law In Educational Decision Making, John H. Vanderzell, Donald W. Dowd, Matthew W. Finkin, Mark R. Shedd

Villanova Law Review (1956 - )

No abstract provided.


The Demise Of The Iron Curtain Statute, Denis James Lawler Jan 1972

The Demise Of The Iron Curtain Statute, Denis James Lawler

Villanova Law Review (1956 - )

No abstract provided.


Potholes, Lampposts And Policemen: Equal Protection And The Financing Of Basic Municipal Services In The Wake Of Hawkins And Serrano, Mary Bowen Little Jan 1972

Potholes, Lampposts And Policemen: Equal Protection And The Financing Of Basic Municipal Services In The Wake Of Hawkins And Serrano, Mary Bowen Little

Villanova Law Review (1956 - )

No abstract provided.


No-Fault Automobile Insurance In Pennsylvania - A Constitutional Analysis, Joel M. Martel Jan 1972

No-Fault Automobile Insurance In Pennsylvania - A Constitutional Analysis, Joel M. Martel

Villanova Law Review (1956 - )

No abstract provided.


Lawyers And Psychiatrists In The Court: Afterword Jan 1972

Lawyers And Psychiatrists In The Court: Afterword

Maryland Law Review

No abstract provided.


Equal Protection: Is There A Constitutional Right To A Sewer? - Hawkins V. Town Of Shaw Jan 1972

Equal Protection: Is There A Constitutional Right To A Sewer? - Hawkins V. Town Of Shaw

Maryland Law Review

No abstract provided.


The Right To Psychiatric Treatment: A Social-Legal Approach To The Plight Of The State Hospital Patient, Jonas Robitscher Jan 1972

The Right To Psychiatric Treatment: A Social-Legal Approach To The Plight Of The State Hospital Patient, Jonas Robitscher

Villanova Law Review (1956 - )

No abstract provided.


Recent Developments, Various Editors Jan 1972

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


The Role Of Law In Higher Education - An Administrator's View, John H. Vanderzell Jan 1972

The Role Of Law In Higher Education - An Administrator's View, John H. Vanderzell

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - Search And Seizure - Fourth Amendment Vagueness - Evidence Excluded When Obtained By Search Incident To Vagrancy Arrest Under Statute Previously Held Void For Vagueness, Allen C. Warshaw Jan 1972

Constitutional Law - Search And Seizure - Fourth Amendment Vagueness - Evidence Excluded When Obtained By Search Incident To Vagrancy Arrest Under Statute Previously Held Void For Vagueness, Allen C. Warshaw

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - Due Process - Equal Protection - Consent Agreement Prohibits State From Excluding Mentally Retarded Children From Public Education, Alfred J. D'Angelo Jr. Jan 1972

Constitutional Law - Due Process - Equal Protection - Consent Agreement Prohibits State From Excluding Mentally Retarded Children From Public Education, Alfred J. D'Angelo Jr.

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - Freedom Of The Press - Newsmen's Privilege - Requiring Newsmen To Testify Before State Or Federal Grand Juries Held Not Violative Of First Amendment, Douglas Paul Coopersmith Jan 1972

Constitutional Law - Freedom Of The Press - Newsmen's Privilege - Requiring Newsmen To Testify Before State Or Federal Grand Juries Held Not Violative Of First Amendment, Douglas Paul Coopersmith

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - Unanimous Jury Verdict - Sixth Amendment Right To Jury Trial Does Not Mandate Unanimous Verdict - Fourteenth Amendment Reasonable Doubt Standard And Due Process Requirements Satisfied Notwithstanding Lack Of Unanimity, Paul Crowley Jan 1972

Constitutional Law - Unanimous Jury Verdict - Sixth Amendment Right To Jury Trial Does Not Mandate Unanimous Verdict - Fourteenth Amendment Reasonable Doubt Standard And Due Process Requirements Satisfied Notwithstanding Lack Of Unanimity, Paul Crowley

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law-Utility Shutoffs-A Violation Of Due Process Under Color Of State Law? Jan 1972

Constitutional Law-Utility Shutoffs-A Violation Of Due Process Under Color Of State Law?

University of Richmond Law Review

Past judicial decisions concerning the right of a private utility to terminate-service for nonpayment of bills have consistently favored the utility. Yet victims of shutoffs, whether poor or merely outraged and inconvenienced, continue to attack shutoff actions through the regulatory commissions, legislation, and the courts. Their efforts have met with failure in all forums.


Extension Of The Sixth Amendment Right To Counsel- The Road From Wade To Ash Jan 1972

Extension Of The Sixth Amendment Right To Counsel- The Road From Wade To Ash

University of Richmond Law Review

The sixth amendment of The United States Constitution provides: "[I]n all criminal prosecutions, the accused shall enjoy the right . . . to have Assistance of Counsel for his defence." The constitutional guarantee of right to counsel is no more explicit than this, thus creating the problem of determining at what point in our adversarial criminal system the guarantee attaches.


The Defendant In Jeopardy- Is Virginia Unique? Jan 1972

The Defendant In Jeopardy- Is Virginia Unique?

University of Richmond Law Review

The constitutional and statutory safeguards against a person being twice placed in jeopardy for the same offense are well known both to laymen and lawyers alike. What has gone largely unnoticed by the Virginia courts is the applicability of the doctrine of res judicata to the area of criminal law. It is the purpose of this comment to make the reader aware of the doctrine of res judicata as it applies to criminal cases and to attempt to clear up the confusion which has developed in this area of Virginia law.


Constitutional Law-Loyalty Oaths-The United States Supreme Court Relaxes Its Stringent Safeguards Jan 1972

Constitutional Law-Loyalty Oaths-The United States Supreme Court Relaxes Its Stringent Safeguards

University of Richmond Law Review

Loyalty oaths have long been imposed upon citizens of both monarchies and republics as conditions precedent to the granting of certain governmental favors or to the withholding of certain punishments. But whether the oath is taken to gain a benefit or to avoid a criminal sanction, the aftermath of refusing to take a loyalty oath is that the citizen is penalized. This is not to suggest that a loyalty oath is dangerous per se, although some Justices of the United States Supreme Court have taken this view., Certainly a governmental body should not be denied the power to protect itself …


Equal Protection- School Financing System Based On Local Property Taxes Held Unconstitutional Jan 1972

Equal Protection- School Financing System Based On Local Property Taxes Held Unconstitutional

University of Richmond Law Review

The fourteenth amendment of the United States Constitution allows unequal protection of the laws, provided such unequal treatment and discrimination bear some rational relationship to a conceivably legitimate state objective. This "rational relationship" test allows the states wide latitude and discretion in enacting legislation. However, where any state statute involves so-called "suspect classifications" or "fundamental interests," the statute will be subjected to a strict scrutiny test, under which the state must establish that there is not only a compelling state interest which justifies the law but also that the distinctions drawn in the statute are necessary to further such interests.


Miranda Warnings And The Harmless Error Doctrine: Comments On The Indiana Approach, Michael W. Fruehwald Jan 1972

Miranda Warnings And The Harmless Error Doctrine: Comments On The Indiana Approach, Michael W. Fruehwald

Indiana Law Journal

No abstract provided.


Constitutional Mandate Of Lex In Foro Loci Delicti, Maurice R. Franks Jan 1972

Constitutional Mandate Of Lex In Foro Loci Delicti, Maurice R. Franks

Cleveland State Law Review

It is the writer's hypothesis that a state is constitutionally required to apply its own law to a travel tort which has occurred within its territorial jurisdiction and which is sued upon in its courts. In other words, the interest analysis test - application of the law of the state having the strongest interest in a particular issue - may not be used in foro loci delicti (in the forum of the place of the tort).