Digital Commons Network^™

Prison Reform In The Future - The Trend Toward Expansion Of Prisoners' Rights, Monrad G. Paulsen

Villanova Law Review (1956 - )

No abstract provided.

In Aid Of Public Education: An Analysis Of The Education Article Of The Virginia Constitution Of 1971, Hullihen W. Moore

University of Richmond Law Review

Thomas Jefferson recognized the need for promoting adequate public education in Virginia's constitution in the late eighteenth century. Since 1867 education has been a significant part of Virginia's fundamental law, and, as such, the constitutional provisions relating to education have required much time and thought throughout their development. It is the purpose of this article not only to analyze the Education Article of the Virginia Constitution of 1971, but also to ascertain if these provisions provide the needed impetus for quality public education in Virginia.

Can Balance Be Restored In The Constitutional War Powers Of The President And Congress?, William B. Spong Jr.

University of Richmond Law Review

The Cambodian incursion of April, 1970, brought forth renewed observations from constitutional scholars, eminent and amateur, that the war-making power of Congress had been eroded and the checks and balances system for the initiation and conduct of hostilities by American troops, as contemplated by the Founding Fathers, rendered almost inoperative. Debates on the National Commitments Resolution and the Cooper-Church Amendments, as well as events following adoption of these measures, appear to sustain such conclusions. How has this happened? What, if anything, can be done to restore some balance in this crucial area of public policy? Should there be an effort …

The Emerging Constitutional Privilege To Conceal Confidential News Sources

University of Richmond Law Review

In furtherance of the national interest in an informed populace, the American press has evolved into a sophisticated and complex system of news reporting that is universal in scope. Although methods of accumulating and disseminating data have changed with technological advancement, the people have continued to be the primary source of news reports. Communications from source to media frequently are conducted in confidence, with the anonymity of the informant being a condition precedent to disclosure of the information. Legal problems develop when the newsman is called upon to reveal the identity of his confidential source in a judicial or legislative …

Williams V. Florida: End Of A Theory - Part I, O. John Roger

Villanova Law Review (1956 - )

No abstract provided.

The Courts' Responsibility For Prison Reform, Edmund B. Spaeth Jr.

Villanova Law Review (1956 - )

No abstract provided.

Prisoners' Rights - A Prosecutor's View, James D. Crawford

Villanova Law Review (1956 - )

No abstract provided.

The Expansion Of Prisoners' Rights, Victor Rabinowitz

Villanova Law Review (1956 - )

No abstract provided.

The Correctional Institution As A Rehabilitation Center - A Former Inmate's View, Victor Taylor

Villanova Law Review (1956 - )

No abstract provided.

The Pennsylvania Long-Arm: An Analytical Justification, Thomas B. Erekson

Villanova Law Review (1956 - )

No abstract provided.

The Grand Jury As The New Inquisition, Michael E. Tigar, Madeline R. Levy

Faculty Scholarship

No abstract provided.

The Neutrality Of Adherence To Precedent, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.

The Secret Foreign Bank Account And Legitimate Alternatives, Charles W. Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

The author, a member of the California State Bar and consultant, Euro-Dutch Trust Company, George Town, Grand Cayman, B. W. I., labels the use of the secret foreign bank account "foolish and lazy." He suggests that the taxpayer can reduce his tax bite through tax deferral planning, an area in which legislation has been continued and expanded.

All Or Nothing At All: The Defeat Of Selective Conscientious Objection, Kent Greenawalt

Faculty Scholarship

The generosity of the United States Supreme Court to conscientious objectors whom Congress has declined to exempt from military service has apparently ended. In Gillette v. United States, decided with Negre v. Larsen, the Court decisively closed the door on claims that those conscientiously opposed to participation in particular wars are entitled by statute or constitutional right to an exemption from military service. Mr. Justice Marshall's majority opinion first disposes of the statutory claim. According to the opinion, the relevant language of § 6(j) of the Military Selective Service Act of 1967," conscientiously opposed to participation in war …

Eminent Domain - Enhanced Value Due To Project As An Element Of Market Value In Texas Condemnation Law., Sidney K. Gibson

St. Mary's Law Journal

Abstract Forthcoming.

Constitutional Interpretation And Criminal Identification, Carl Mcgowan

William & Mary Law Review

No abstract provided.

The Right To One's Own Likeness In French Law, Wencelas J. Wagner

Indiana Law Journal

No abstract provided.

Comments, Jesse Chopper

Journal of Legal Education

No abstract provided.

The United States Supreme Court: A Creative Check Of Institutional Misdirection?, Fletcher N. Baldwin

Indiana Law Journal

In the Comment which follows Professor Baldwin presents a brief for an extremely creative Supreme Court. In contrast to those who suggest limiting the function of the Court, either by subject matter or by judicial restraint, the author would have it protect the compact upon which the community is based, by taking an active role to insure that the compensation implied in the compact flows in fact not only to the community but to the individual.

Right To Jury Trial: Indiana's Misapplication Of Due Process Standards In Delinquency Hearings, Robert Gullick

Indiana Law Journal

No abstract provided.

The War In Southeast Asia: A Legal Position Paper, Gordon G. Young

Faculty Scholarship

No abstract provided.

New Horizons For A State Bill Of Rights, Arval A. Morris

Washington Law Review

Professor Morris, examines the current scope of the Washington State Constitution, originally designed for a frontier people in a railroad economy, and deficient in a number of elements critical to the Washington society of today and 100 years hence. With particular emphasis on what new rights must be set forth in textual guarantees, the author examines the problems and implications of a menagerie of changed circumstances and contemporary social ills, including racial integration, invasions of privacy by public and private modes of surveillance, the deterioration of the life and structures of our cities, the threat of administrative abuses in the …

Convening A Constitutional Convention In Washington Through The Use Of The Popular Initative, John W. Hempelmann

Washington Law Review

Using Washington as a model for discussion this comment explores the doctrines which have limited the application of the flexible principles of popular sovereignty to the problems presented in the calling of a Constitutional Convention. The author concludes: that the people of the state of Washington can call such a convention by the use of the popular initiative; that earlier notions that changes in state governmental structure could only be accomplished by strict conformity to the procedures in the existing constitution have been supplanted by the resurgence of the doctrines of popular sovereignty; and that the broad theoretical underpinnings for …

Constitutional Law - Ciminal Statutory Inferences In Federal Narcotic Laws. Turner V. United States, 90 S. Ct. 642 (1970), Robert Charles Koch

William & Mary Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Accountants--Auditors--Compliance with General Accounting Principles Not a Complete Defense To Criminal Fraud

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Administrative Law--Standing to Challenge Administrative Actions--Anyone Arguably Protected by Statute May Sue

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Constitutional Law--Abortion--Standard Excepting Abortions Done as "Necessary for the Preservation of the Mother's Life or Health" Held Unconstitutionally Vague

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Constitutional Law--Civil Rights--Discrimination by a Third Party in Connection with the Rental of Property Entitles the Injured Party to a Private Right of Damages Under Section 1982

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Constitutional Law--Double Jeopardy--Benton v. Maryland Applies Retroactively to State Criminal Convictions

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Copyright--Unfair Competition--Unauthorized Reproduction of Another's Recording for Resale Violates State Unfair Competition Doctrine

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The Exceptions And Regulations Clause Of Article Iii And A Person's Constitutional Rights: Can The Latter Be Limited By Congressional Power Under The Former, Morris D. Forkosch

West Virginia Law Review

No abstract provided.

Constitutional Law—Voting Rights—State English Literacy Requirements Upheld.—Mexican-American Federation-Washington State V. Naff, 299 F.Supp. 587 (E.D. Wash. 1969), Anon

Washington Law Review

The four individual plaintiffs, who were participating in a voter registration project initiated by the plaintiff Federation, appeared on separate occasions in the offices of the deputy voting registrars for the towns of Zillah and Toppenish, Washington, intending to register to vote. Each time, the applicants were accompanied by an interpreter associated with the Federation, who informed the registration officers that the applicants wished to register to vote and that he would act as Spanish-English interpreter. But the registration officers insisted that the applicants present their requests in person and in English, and refused to register them when it became …

Judicial Discretion And The Freedom Of Information Act: Disclosure Denied: Consumers Union V. Veterans Administration, Judith A. Mitnick

Indiana Law Journal

No abstract provided.

Social Security And The Plain People, Paul C. Cline

West Virginia Law Review

No abstract provided.

Equal Protection Against Unnecessary Police Violence And The Original Understanding Of The Fourteenth Amendment: A Comment, Alfred Avins

Buffalo Law Review

No abstract provided.