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Constitutional Law—Abortions: Abortion As A Ninth Amendment Right.—Babbitz V. Mccann, 310 F.Supp. 293 (E.D.Wis. 1970), Appeal Dismissed Per Curiam, 91 S. Ct. 12 (1970), Anon

Washington Law Review

Plaintiff, a physician, allegedly performed a "nontherapeutic" abortion upon a woman carrying an unquickened fetus and was subsequently prosecuted under the Wisconsin abortion statute. He brought suit in federal district court to enjoin enforcement of the statute and to obtain a declaratory judgment that the statute was unconstitutional. The injunction was denied, but the declaratory judgment was granted. Held: The state may not deprive a woman of her ninth amendment right to decide whether to carry or reject an unquickened child. Babbitz v. McCann, 310 F. Supp. 293 (E.D. Wis. 1970), appeal dismissed per curiam, 91 S. Ct. 12 (1970).

The Supreme Court Of Canada And The Doctrines Of Mens Rea, Paul C. Weiler

Articles & Book Chapters

My objective in this study is two-fold. First, I want to examine the decision-making operations of the Supreme Court in the period 1949-1969 by analyzing the reasons and votes in a sequence of related cases. Second, I want to present a critical review of the doctrinal pattern which has emerged in Canadian law in the field in which I have chosen to assess the work of the court. The family of legal problems which I have singled out involve the various excuses to criminal conviction for prohibited conduct -defences which flow from the lack of mens rea, responsibility, or blameworthiness. …

Constitutional Law - Racial Discrimination In Employment. Griggs V. Duke Power Co., 91 S. Ct. 849 (1971), Natalie C. Gillette

William & Mary Law Review

No abstract provided.

The United States Army Reservist: Hair Today, Gone Tomorrow, Bruce V. Weitzen

Buffalo Law Review

No abstract provided.

Criminal Procedure—Constitutional Right To Counsel In Parole Revocation Hearing, Clarence J. Sundram

Buffalo Law Review

People ex rel. Menechino v. Warden, Greenhaven State Prison, 27 N.Y.2d 376, 267 N.E.2d 238, 318 N.Y.S.2d 449 (1971).

Criminal Procedure--Self-Incrimination--Harmless Error--Application Of The Harmless Error Doctrine To Violations Of Miranda: The California Experience, Michigan Law Review

Michigan Law Review

Using decisions of the appellate courts of California that have applied the federal harmless error rule to violations of Miranda v. Arizona and Escobedo v. Illinois, this Note will examine the logic and effects of the California application. However, the California experience can only be understood by first briefly describing the United States Supreme Court's decisions regarding harmless constitutional error and then showing the approaches taken by other states in their application of the harmless error rule to Miranda violations. Not only will this analysis put the California experience in its proper perspective, but it will also show the …

Judicial Problems In Administering Court Appointment Of Counsel For Indigents

Washington and Lee Law Review

No abstract provided.

The Right To Counsel At Photographic Identifications

Washington and Lee Law Review

No abstract provided.

Constitutional Law--Double Jeopardy--Collateral Estoppel Is Constitutionally Required In Criminal Cases Because It Is Embodied In The Fifth Amendment Double Jeopardy Clause--Ashe V. Swenson, Michigan Law Review

Michigan Law Review

It is, therefore, important in any analysis of the Ashe decision to examine the policies and purposes behind collateral estoppel and double jeopardy and the current effectiveness of the two doctrines in light of these policies and purposes. The policies of the double jeopardy guarantee are well defined in the federal cases. Basically, it is recognized that the state, having at hand many more resources than the average defendant can muster, should not be allowed to make successive attempts to convict an individual for an alleged offense. Successive prosecutions cause the defendant expense and embarrassment and force him to live …

Declaratory Remedies And Constitutional Change, David L. Dickson

Vanderbilt Law Review

The Federal Declaratory Judgment Act' has now been law for more than 36 years. The debates over whether a purely declaratory judgment can be the product of a justiciable "controversy" in the constitutional sense have long since passed away, set to rest by the language of the Act itself and by the Supreme Court's decision that the Act was authorized by the judiciary article of the Constitution. The last edition of Professor Borchard's great work, Declaratory Judgments, was published in 1941,and the most recent article analyzing the constitutional significance of the Act was published shortly before Chief Justice Warren took …

Constitutional Law - Criminal Law - Guilty Plea Is Not Invalid Because It Is The Product Of A Plea Bargain, Roseann Oliver

Loyola University Chicago Law Journal

No abstract provided.

Constitutional Law - Burden Of Proof In A Juvenile Delinquency Proceeding, M. Lawrence Shields Iii

Duquesne Law Review

The Supreme Court of the United States has held that where a juvenile is charged with the commission of a delinquent offense for which institutional confinement may be imposed, due process requires that the charges against him be proved beyond a reasonable doubt.

In re Winship, 397 U.S. 358 (1970).

Constitutional Law - Right To Trial By Jury In Juvenile Delinquency Proceedings, Dennis L. Veraldi

Duquesne Law Review

The Supreme Court of Pennsylvania has held that the right to trial by jury in a juvenile proceeding is not so "fundamental" as to be constitutionally required.

Terry Appeal, 438 Pa. 339, 265 A.2d 350 (1970).

Constitutional Law - Estates - Reversion Of The Res Of A Charitable Trust Which Failed Because It Necessitated Racially Discriminatory State Action Is Not Violative Of The Xivth Amendment Where The Reversion Is By Operation Of State Law, And Due To The State Court's Refusal To Apply The Doctrine Of Cy Pres., Lawrence J. Casazza

Loyola University Chicago Law Journal

No abstract provided.

Intrusion Into The Body, William G. Eckhardt

Faculty Works

The thesis of this article is that the rights of servicemen should be protected with the search and seizure concepts of the fourth amendment rather than with the fifth amendment protection against self-incrimination when intrusive bodily searches are required. The Supreme Court enunciated standard for intrusion into the body found in Schmerber v. California, 384 U.S. 757 (1966). The subsequent application of this standard in the federal courts, and its adoption in the Manual for Courts-Martial, United States, 1969, (Rev.) are explored. Federal court decisions discussing the privilege against self-incrimination are contrasted with opinions of the Court of Military Appeals …

The Legal Controversy As It Relates To Correctional Institutions - A Prison Administrator's View, Joseph R. Brierley

Villanova Law Review (1956 - )

No abstract provided.

Prisoners' Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation, Joseph R. Brierley, Victor Rabinowitz, Edmund B. Spaeth Jr., James D. Crawford

Villanova Law Review (1956 - )

No abstract provided.

The Crisis In Capital Punishment, Charles L. Black Jr.

Maryland Law Review

No abstract provided.

Constitutional Law--The Indigent Defendant Moves One Step Closer To Equality, John W. Oakley

Kentucky Law Journal

No abstract provided.

Prison Disciplinary Hearings And Procedural Due Process - The Requirement Of A Full Administrative Hearing, Michael A. Millemann

Maryland Law Review

No abstract provided.

Discriminatory Hiring Practices Due To Arrest Records - Private Remedies, Baldo M. Carnecchia Jr.

Villanova Law Review (1956 - )

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Williams V. Florida: End Of A Theory - Part Ii, O. John Rogge

Villanova Law Review (1956 - )

No abstract provided.

Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd

Villanova Law Review (1956 - )

No abstract provided.

The Clear And Present Danger Standard: Its Present Viability

University of Richmond Law Review

The first amendment to the Constitution of the United States provides that "Congress shall make no law ...abridging the freedom of speech or of the press, or the right of the people peaceably to assemble..." While the terms of the first amendment appear to be all embracing, its application has never been absolute. Its guarantees have always been subject to regulation by the state wherever they endangered the safety or welfare of the public. The fundamental issue involved in all first amendment problems involving free expression is the determination of the point at which the rights of the individual stop …

Women And The Equal Protection Clause, Eric R. Gilbertson

Cleveland State Law Review

The stance of the law in this respect, as with other social trends, has generally reflected the current attitudes that dominate the society it governs. Yet, as late as 1969, we still had judges on the appellate level taking judicial notice of the female's lesser capacity for sexual arousal, the sexual behavior of "the vast majority of women in a civilized society," and the "normal" behavior of a married woman in the presence of her husband in their bedroom;' all in a puritanically paternalistic fashion. This, and other absurd judicial pronouncements may have been what prompted one controversial attorney to …

Corporal Punishment In Schools: An Infringement On Constitutional Freedoms, Thomas J. Baechle

Cleveland State Law Review

The doctrine of in loco parentis and the right of the teacher to inflict corporal punishment has a long history of acceptance. The doctrine itself has survived for centuries with no serious challenges to its validity or acceptability. The doctrine states that a teacher stands in the place of the parent and has the right to discipline his students, including the right to inflict corporal punishment for reasonable cause and in a reasonable manner. The basis of the doctrine is an assumption of the delegation of parental authority and an assumption of the correctness of the teacher's actions. A direct …

Pretrial Detention And The Eighth And Fourteenth Amendments, James Lowe

Cleveland State Law Review

It is in the intent of the writer of this paper to examine the conditions endured by indigent defendants through their pretrial detention in Cuyahoga County Jail with respect to the Constitutional prohibitions of "cruel and unusual" punishment and a denial of "equal protection of the laws." Cuyahoga County is better known as Cleveland, Ohio. Expediency requires that the important concept of the rights of indigent inmates as they relate to civil rights statutes, and particularly Title 42 U.S.C. Section 1983, not be considered here. It may be hoped, however, that the propositions and legal considerations put forth in this …

Constitutional Law--Defendant's Right To A Jury Trial--Is Six Enough?, William L. Stevens

Kentucky Law Journal

No abstract provided.

The Role Of Abandonment In The Law Of Search And Seizure: An Application Of Misdirected Emphasis, Edward G. Mascolo

Buffalo Law Review

No abstract provided.