Digital Commons Network^™

The Warren Court: Completion Of A Constitutional Revolution, William F. Swindler

Faculty Publications

No abstract provided.

The Warren Court: Completion Of A Constitutional Revolution, William F. Swindler

Vanderbilt Law Review

In the final weeks of its sixteen year history, the subject matter of the Warren Court's opinions ranged over most of the major constitutional issues with which it had concerned itself since 1953, and out of which it developed the seminal decisions for which it will be remembered. For example, it upheld an Alabama desegregation plan which provided for proportional racial representation on public school faculties,' and found a snack bar in a privately owned recreational facility to be within the "public accomodations" definition of the Civil Rights Act of 1964. It rejected a North Carolina county's request to reinstate …

The Supreme Court: Viable Fallibilism Or Fatal Infallibility, Bernard Goodwin

Vanderbilt Law Review

The recent growth in the importance and apparent power of the Supreme Court has been one result of our rapidly changing twentieth century society. In the social ferment of the last two decades, the Court, more than Congress, has expressed the conscience and intellectual consensus of American culture. Speaking as a practicing attorney and concerned citizen, the author of this article does not criticize the Court for stepping into this gap in our governmental structure, but he feels that the possibility of increased activism on the part of the Court indicates a serious breakdown in governmental checks and balances and …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Burden of Proof--"Clear Proof" Standard Applied to Union Liability Under Sherman Act

======================

Antitrust--Robinson-Patman Act--Private Litigants Need Not Show Consequential Damages in Order to Recover Treble Damages for Price Discrimination Violations

======================

Antitrust Remedies--State Given Standing to Sue as Parens Patriae

======================

Civil Rights--State Action Not Required Under Sections 1981,1982, and 1985(3) of Title 42; Action "Under Color of State Constitutional Right" Satisfies the "Color of Law" Requirement of Section 1983

=======================

Conflict of Laws--"Contacts" Approach Rejected--Lex LociDelicti Applied Until Undeniably Better Rule is Found

=======================

Conflict of Laws--Criminal Procedure--Law of Forum Applies to Search and Seizure in Accused's Out-of-State …

Constitutional Revision--The Legislature, Carl M. Frasure

West Virginia Law Review

No abstract provided.

Constitutional Revision--Virginia's Approach, A. E. Howard

West Virginia Law Review

No abstract provided.

Constitutional Law--Inter--Institutional Juvenile Transfer: Due Process And Equal Protection, Delby Barker Stobbs

West Virginia Law Review

No abstract provided.

Constitutional Law--Lance V. Board Of Education--Constitutionality Of Extraordinary Majority Elections, Daniel F. Hedges

West Virginia Law Review

No abstract provided.

Constitutional Law--Lance V. Board Of Education--The Dissenting Opinion, Diana Everett

West Virginia Law Review

No abstract provided.

Constitutional Law--Freedom Of Expression, Charles Blaine Myers Jr.

West Virginia Law Review

No abstract provided.

Constitutional Law - Libel - New York Times Rule Extended To Statements Made About Matters Of Public Concern, Stanley J. Davidson

Loyola University Chicago Law Journal

No abstract provided.

Federal Courts - Petitioner Under State Indictment As A Recidivist May Attack The Constitutionality Of A Former Federal Conviction By A Motion In The Nature Of Coram Nobis When His Release From Custody Prevents Him From Using The Applicable Habeas Corpus Remedy (28 U.S.C. 2255), Thomas D. Rafter

Loyola University Chicago Law Journal

No abstract provided.

Constitutional Law—Exclusionary Rule Applied To State Liquor Authority Administrative Searches, Judith B. Ittig

Buffalo Law Review

Matter of Finn's Liquor Shop, Inc. v. State Liquor Authority, 24 N.Y.2d 647 (1969).

O'Callahan And Its Progeny: A Survey Of Their Impact On The Jurisdiction Of Courts-Martial, John F. Depue

Villanova Law Review (1956 - )

No abstract provided.

With Temperate Rod: Maintaining Academic Order In Secondary Schools, Arnold Taylor

Kentucky Law Journal

No abstract provided.

The Right To A Decent Environment; E =Mc²: Environment Equals Man Times Courts Redoubling Their Efforts, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.

The Supreme Court, The President And Congress, William F. Swindler

Faculty Publications

No abstract provided.

National Population Programs And Policy: Social And Legal Implications, Carl S. Shultz, H. Yuan Tien, Edwin D. Driver, Cyril C. Means

Villanova Law Review (1956 - )

No abstract provided.

Prospectivity And Retroactivity Of Supreme Court Constitutional Interpretations

University of Richmond Law Review

The freedom of a court, state or federal, to define the limits of ad- herence to precedent has been sanctioned by the Supreme Court in both civil' and criminal cases. Accordingly, any decision can be made to apply to future cases or relate back to all past cases. In no other area of the law is such a decision more important than in the field of criminal procedure where the freedom of a convicted man can rest upon a decision to apply a new "rule" retroactively or prospectively. It is not surprising, therefore, that the majority of retroactivity cases involve …

Freedom Of Expression In Secondary Schools, Ann Aldrich, Joanne V. Sommers

Cleveland State Law Review

Guzick v. Drebus, currently under consideration on appeal to the United States Court of Appeals for the Sixth Circuit, raises important questions concerning the application of the First Amendment to secondary school students.

Recent Decisions

University of Richmond Law Review

This is a summary of the case law that was decided in 1970.

Divisible Divorce In Maryland - Does It Exist? - Dackman V. Dackman

Maryland Law Review

No abstract provided.

The Constitutional Rights Of Teachers And Professors, William W. Van Alstyne

Faculty Publications

The discussion examines the current state of educators' rights and identifies two key areas that are still hotly contested: extramural utterances that my be critical of the institution itself and a teacher's freedom with his own classroom. A survey of two recent cases illuminates these issues.

An Idigent's Right To An In Forma Pauperis Proceeding In Pennsylvania Divorce Litigation - Analysis And A Proposal, Richard W. Hoolstein, Michael R. Stiles

Villanova Law Review (1956 - )

No abstract provided.

Of Justice Delayed And Justice Denied: The Welfare Prior Hearing Cases, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

Public Support And The Sectarian University, Walter Gellhorn, Kent Greenawalt

Faculty Scholarship

In mid-1968 we undertook to advise Fordham University concerning steps that might be appropriate to establish its eligibility for public assistance. As part of that task we tried to determine the extent to which present law requires official differentiation between Church-related and other institutions of higher learning. Since the University sought a wholly detached consideration of its legal posture, our conclusions in this article represent our best judgment of the present state of the law and its probable development. We have avoided indicating our own personal position on debatable legal and ethical issues.

The Supreme Court And Libel, Jerome Lawrence Merin

William & Mary Law Review

No abstract provided.

False Or Suppressed Evidence: Why A Need For The Prosecutorial Tie, Ronald L. Carlson

Scholarly Works

Many United States Supreme Court decisions have overturned criminal convictions for the reason that the government employed false evidence to obtain the conviction or failed to disclose relevant evidence important to the defense. In reversing federal or state judgments, the Court often has located direct proof of wrongdoing by the prosecutor. The notorious "bloody shorts" case is an example in point.' There, the state introduced as evidence a pair of men's "blood-stained" undershorts to achieve conviction of the accused. When the blood turned out to be red paint, the Supreme Court granted habeas corpus relief to the defendant because "[it …

Book Reviews, Law Review Staff

Vanderbilt Law Review

This is a deceptive book. It appears to be one more friendly appraisal of the work of the Warren Court--this time from the recent Solicitor General-surveying in giant steps and broad strokes its decisions in six major areas within the short space of 135 pages. On close reading it turns out to be a tough-minded essay written with notable lucidity, analytical density, and high professional competence. Moreover, it confronts directly and steadily the well-worn paradox or dilemma of the Supreme Court of the United States which must be both court and political institution, and it seriously attempts to appraise the …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Armed Forces--Courts-Martial Jurisdiction over Military Personnel Limited to Service--Connected Offenses

============================

Constitutional Law--Desegregation--Public Housing Authority Required to Build Most Units in White Neighborhoods

=============================

Constitutional Law--Double Jeopardy--Fifth Amendment's Guarantee against Double Jeopardy is Applicable to the States through the Fourteenth Amendment

=============================

Constitutional Law--Garnishment--Prejudgment Wage Garnishment, in Absence of Conditions Requiring the Special Protection of a State or Creditor Interest, Violates the Due Process Clause of the Fourteenth Amendment

==============================

Constitutional Law--State Taxation--State Use Tax Invalidly Applied to Fuel Gas Used as an Integral Part of Interstate Commerce

==============================

Corporations--Corporate Director Accountable to Corporation Under State Law for Profits …