Digital Commons Network^™

Constitutional Law—A Driver Involved In An Accident Resulting In Property Damage Can Be Required By Statute To Stop And Identify Himself To The Other Driver, Barry Bassis

Buffalo Law Review

California v. Byers, 402 U.S. 424 (1971).

Mr. Justice Brennan And The Condition Of Unconstitutional Conditions, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

Constitutional Standards Applicable To Voter Registration Closing Dates, Jeffrey M. Petrash

University of Michigan Journal of Law Reform

Judicial pronouncements during the last decade on the relationship between the state, the voter, and the Federal Constitution have circumscribed the power states formerly enjoyed to impose restrictions on availability of the franchise. Nevertheless, all states but one maintain voter registration systems, one element of which is a closing date which cuts off registration at a stipulated point in time prior to election day. While in a statistical sense large scale de facto disfranchisement results from the use of closing dates, a distinct issue is presented as to whether this disfranchisement is of a type that is proscribed by the …

Constitutional Law-Private Discrimination Remains Intact

University of Richmond Law Review

As a result of the decision of the Supreme Court in the Civil Rights Cases in 1883, the principle has become firmly embedded in our constitutional law that the action inhibited by the first section of the fourteenth amendment is only such action as may fairly be said to be that of the states. "The amendment erects no shield against merely private conduct, however discriminatory or wrongful." Thus private conduct, no matter how discriminatory, in no way violates the equal protection clause of the fourteenth amendment unless the state, to some significant extent, becomes involved in this conduct.

Lawyers And Psychiatrists In The Court: Issues On Civil Commitment, Yorihiko Kumasaka, Raj K. Gupta

Maryland Law Review

No abstract provided.

Branzburg V. Hayes: A Need For Statutory Protection Of News Sources, Richard E. Anderson

Kentucky Law Journal

No abstract provided.

The Specific Theory Of Academic Freedom And The General Issue Of Civil Liberty, William W. Van Alstyne

Faculty Publications

Academic freedom has been blurred in law and in popular usage. Its clarification should enable the Supreme Court to grant it explicit protection under the Constitution as an identifiable subset of First Amendment freedoms. Its identification with the professional endeavors of faculty members, moreover, should reduce the tendency of institutions to intrude upon the aprofessional personal liberties of the faculty even while adequately protecting the extramural professional pursuits of the faculty and assuring them of equal protection in their interests as private citizens. Adjustments of standards by the American Association of University Professors, more definitely distinguishing the special accountability of …

Congress, The President, And The Power To Declare War: A Requiem For Vietnam, William W. Van Alstyne

Faculty Publications

Several arguments have been advanced in support of the President's authority to continue use of the Armed Forces in Vietnam without a congressional declaration of war as provided by the Constitution. Congressional ratification of the Southeast Asia Treaty and the Charter of the United Nations, as well as enactment of the Gulf of Tonkin Resolution, are often urged as constituting sufficient congressional authorization for the President's actions. Some have gone further and contended that congressional authorization was not a prerequisite in the Vietnam conflict because the President never exceeded his historically recognized authority to act unilaterally in defense of the …

Constitutional Law: Double Jeopardy - New Approach To The "Manifest Necessity Rule", Ronald C. Brown

Faculty Publications

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

The Role Of Law In Educational Decision Making - A Symposium - Introduction, Donald W. Dowd

Villanova Law Review (1956 - )

No abstract provided.

Easy Cases, Bad Law, And Burdens Of Proof, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.

Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski

Faculty Scholarship

IN 1946 JUSTICE HUGO BLACK DECLARED that one of the objects of the fourteenth amendment was to apply the Bill of Rights to the States. He was confident that an analysis of the intent of the framers of the amendment would support his assertion. A few years later the Supreme Court requested such an investigation, but when the analysis was made and the results presented to it, the Supreme Court concluded that the framers' intent could not be determined. The uncertainty surrounding the intent of the framers of the fourteenth amendment has had profound implications on the application of that …

The Constitutionality Of Candidate Filing Fees, Michigan Law Review

Michigan Law Review

Early in the twentieth century a "progressive impulse" captured the energies of this country's burgeoning urban middle class. Sickened by the corruption and scandals of the nineteenth century and fearful of the rising influx of European immigration, the so-called Progressives began working for political reform. The emphasis of this reform was primarily structural. Rather than by a remodeling of the citizenry, reform was to be achieved by "a careful and scientific adjustment of the machinery of government for the correction of prevalent evils." Progressives pushed such reforms as initiative, recall, referendum, and frequent elections in the belief that these measures …

The Reality Of Procedural Due Process – A Study Of The Implementation Of Fair Hearing Requirements By The Welfare Caseworker, Robert E. Scott

Faculty Scholarship

The constitutional mandates of procedural due process have been more sharply defined in recent years as a result of the decision of the Supreme Court in Goldberg v. Kelly. Although the full extent of the doctrine has not yet been delimited, the core proposition seems well established that in the absence of an overriding governmental interest, procedural -due process requires that an individual be accorded notice and a hearing prior to an administrative decision that would adversely affect his ability to subsist by contemporary standards. In applying this principle to the termination of public assistance payments, the Court in …

The Development Of Family-Law In The Federal Republic Of Germany During The Last Decades, Facts, And Opinions, Hans Leo Meyers

Jurnal Hukum & Pembangunan

No abstract provided.

San Quentin Prison Officials Are Permanently Enjoined From Enforcing Or Using Disciplinary Proceedings Which Deprive Prisoners Of Their Constitutional Rights For The Reason That They Violate The Due Process And Equal Protection Clauses Of The Fourteenth Amendment., Arthur R. Thormann Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Constitutional And Statutory Provisions Concerning Voter Qualifications As Consistently Construed By Texas Decisions, Do Not Violate But Strengthen The Equal Protection Clause Of The Fourteenth Amendment., Allen Cazier

St. Mary's Law Journal

Abstract Forthcoming.

Juvenile Courts--Juveniles In Delinquency Proceedings Are Not Constitutionally Entitled To The Right Of Trial By Jury--Mckeiver V. Pennsylvania, Michigan Law Review

Michigan Law Review

At a hearing in the juvenile court of Philadelphia in October 1968, Joseph McKeiver was declared a "delinquent child" and placed on probation by a juvenile court judge who determined that McKeiver had violated a Pennsylvania law. The juvenile court petition charged McKeiver, then sixteen years old, with robbery, larceny, and receiving stolen goods as the result of an incident in which McKeiver and twenty or thirty other youths took twenty-five cents from three teenagers. Despite the fact that the evidence against McKeiver consisted primarily of the weak and inconsistent testimony of two of the victims, the juvenile court judge, …

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

Supreme Court Case Files

No abstract provided.

United States V. United States District Court For The Eastern District Of Michigan, Southern Division, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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

Supreme Court Case Files

No abstract provided.

United States. V. Allegheny-Ludlum Steel Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Midwest Video Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Laird V. Tatum, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Constitutional Law—Conversion Of Fine Into Term Of Imprisonment For Offenders Financially Unable To Pay Fine Held Violative Of Equal Protection Clause, Richard L. Woll

Buffalo Law Review

Tate v. Short, 401 U.S. 395 (1971).

Student's Constitutional Rights And The University Disciplinary Committee, Diego L. Villarreal

North Carolina Central Law Review

No abstract provided.

Judicial Protection Of The Criminal Defendant Against Adverse Press Coverage, John E. Stanga Jr.

William & Mary Law Review

No abstract provided.

Constitutional Law - Clear And Present Danger Test Applied To Overbroad Unlawful Assembly Statute. Owens V. Commonwealth, 211 Va. 633, 179 S.E.2d 477 (1971), Michael A. Inman

William & Mary Law Review

No abstract provided.

Book Reviews, Francis X. Beytagh, Jr., Robert L. Carter, William E. Miller, Judge

Vanderbilt Law Review

Books Reviewed:

The Supreme Court and the Idea of Progress

by Alexander M. Bickel

New York: Harper & Row, 1970. Pp. xii, 210. $6.50.

Politics, the Constitution and the Warren Court

By Philip B. Kurland Chicago

University of Chicago Press, 1970. Pp. xxv, 222.$9.75.

Reviewer: Francis X. Beytagh, Jr.

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Books Reviewed:

Politics of Southern Equality: Law and Social Change in a Mississippi County

By Frederick M. Wirt

Chicago: Aldine Publishing Co., 1970. Pp. 335. $10.00.

reviewer: Robert L. Carter

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The Apportionment Cases

By Richard C. Cortner Knoxville: University of Tennessee Press, 1970. Pp. ix. 283. $10.00.

reviewer William …