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Book Notes, Law Review Staff Oct 1969

Book Notes, Law Review Staff

Vanderbilt Law Review

The Child Savers: The Invention of Delinquency By Anthony M. Platt Chicago: University of Chicago Press, 1969. Pp. ix, 202.$8.50.

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Juvenile Delinquency and Urban Areas (rev. ed.) By Clifford R.Shaw & Henry D. McKay Chicago: University of Chicago Press,1969. Pp. 394.

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The Positive School of Criminology Edited by Stanley E. Grupp Pittsburgh: University of Pittsburgh Press, 1968. Pp. vi, 114. $5.95.

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State and Local Tax Problems Edited by Harry L. Johnson Knoxville: University of Tennessee Press, 1969. Pp. xiii, 190. $7.50.

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Tension in the Cities By James A. Bayton Philadelphia: Chilton Book Co., 1969. Pp. x, …


Bergman V. Minister Of Finance, Moshe Landau, Shimon Agranat, Yoel Sussman, Zvi Berinson, Eliyahu Manny Jul 1969

Bergman V. Minister Of Finance, Moshe Landau, Shimon Agranat, Yoel Sussman, Zvi Berinson, Eliyahu Manny

Translated Opinions

Section 4 of Basic Law: The Knesset, requires that elections to the Knesset shall be "general, nationwide, direct, equal, secret and proportional". Sections 4 and 46 of this Law require that any amendment to section 4 be approved by an absolute majority of the Knesset. In 1969, the Knesset passed a Law providing public financing of the election campaign for the seventh Knesset, scheduled to be held in 1970. According to the provisions of this Law, which was not passed by an absolute majority, such funding is granted solely to party factions which are represented in the outgoing Knesset.

The …


Constitutional Revision In Maryland--Problems And Procedures, James R. Quimper Jun 1969

Constitutional Revision In Maryland--Problems And Procedures, James R. Quimper

West Virginia Law Review

No abstract provided.


West Virginia's Constitution And The Governor, Hulett C. Smith Jun 1969

West Virginia's Constitution And The Governor, Hulett C. Smith

West Virginia Law Review

No abstract provided.


The West Virginia Constitution And Taxation, J. Timothy Philipps Jun 1969

The West Virginia Constitution And Taxation, J. Timothy Philipps

West Virginia Law Review

No abstract provided.


Conscription And The Constitution: The Original Understanding, Leon Friedman Jun 1969

Conscription And The Constitution: The Original Understanding, Leon Friedman

Michigan Law Review

The general words of the Constitution-famous phrases such as "due process," "freedom of speech," "interstate commerce," and "raise and support armies"-are not self-evident concepts. As Justice Frankfurter said, "The language of the [Constitution] is to be read not as barren words found in a dictionary but as symbols of historic experience illumined by the presuppositions of those who employed them. Not what words did Madison and Hamilton use, but what was it in their minds which they conveyed?" While the framers obviously could not have foreseen the discovery of electromagnetic radio waves or atomic energy, and had no "intent" concerning …


Book Reviews, John A. Gorfinkel, Arthur S. Miller, Bruce L. Mcdonald May 1969

Book Reviews, John A. Gorfinkel, Arthur S. Miller, Bruce L. Mcdonald

Vanderbilt Law Review

American Conflicts Law By Robert A. Leflar Indianapolis: Bobbs-Merrill Co., Inc., 1968. Pp. lxxvi, 677. $19.50

reviewer: John A. Gorfinkel

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The Policy-Making Process By Charles E. Lindblom EnglewoodCliffs: Prentice-Hall, Inc. 1968. Pp. 122. $4.95 (Cloth), $1.95 (Paper).

reviewers: Arthur S.Miller, Bruce L. McDonald


Constitutional Law—Right To Counsel—Alleged Parole Violator Has Right To Counsel At A Parole Revocation Hearing, S. D. Hester Apr 1969

Constitutional Law—Right To Counsel—Alleged Parole Violator Has Right To Counsel At A Parole Revocation Hearing, S. D. Hester

Buffalo Law Review

People ex rel. Combs v. La Vallee, 29 A.D. 2d 128, 286 N.Y.S.2d 600 (4th Dept. 1968), appeal dismissed, 22 N.Y.2d 857, 293 N.Y.S.2d 117 (1968).


African Public Law, Joseph Chea Sampson Apr 1969

African Public Law, Joseph Chea Sampson

North Carolina Central Law Review

No abstract provided.


Constitutional Law—1866 Civil Rights Act Held Constitutional Under The Thirteenth Amendment, Howard E. Fenton Apr 1969

Constitutional Law—1866 Civil Rights Act Held Constitutional Under The Thirteenth Amendment, Howard E. Fenton

Buffalo Law Review

Jones v. Mayer Co., 392 U.S. 409 (1968).


Personal Privacy In The Computer Age: The Challenge Of A New Technology In An Information-Oriented Society, Arthur R. Miller Apr 1969

Personal Privacy In The Computer Age: The Challenge Of A New Technology In An Information-Oriented Society, Arthur R. Miller

Michigan Law Review

The purpose of this Article is to survey the new technology's implications for personal privacy and to evaluate the contemporary common-law and statutory pattern relating to data-handling. In the course of this examination, it will appraise the existing framework's capacity to deal with the problems created by society's growing awareness of the primordial character of information. The Article is intended to be suggestive; any attempt at definitiveness would be premature. Avowedly, it was written with the bias of one who believes that the new information technology has enormous long-range societal implications and who is concerned about the consequences of the …


Recent Cases, Law Review Staff Apr 1969

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust-Informal Price--Information Exchanges Held Violative of Sherman Act

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Conflict of Laws--"Contacts" Doctrine Applied to Supplement Federal Maritime Law in Diversity Action

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Constitutional Law--Fourteenth Amendment Prohibits Extended Postponement of Parole Consideration for State Inmate When Made on the Basis of an Unreliable Factual Determination

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Labor Law--Collective Bargaining-Employer May Not Enforce Collective Bargaining Agreement Provision Embodying Union Waiver of Employee's Right to Solicit Against That Union

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Labor Law-Remedies--NLRB May Order Retroactive Payment of Fringe Benefits Where Employer Wrongfully Refuses to Sign Collective Bargaining Agreement

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Religious Societies--First Amendment Prohibits Civil Courts From Determining Doctrinal Questions in Resolving Church …


Due Process And The Juvenile Offender., Carlos Cadena Mar 1969

Due Process And The Juvenile Offender., Carlos Cadena

St. Mary's Law Journal

For over sixty years, courts consistently found notions of due process inapplicable in juvenile proceedings. The goal of the juvenile court movement was to establish systems of education and protection of errant children, rather than deterrence and retribution. To accomplish these results, the juvenile court was shorn of all resemblance to criminal courts. Public hearings were to be avoided and the intervention of counsel was not required, since the juvenile judge represented both the child and the state. However, it became clear that children were receiving the protection of the state because they engaged in criminal conduct and with little …


Right To Counsel And The Selective Service System, Anthony Gaeta Jr. Mar 1969

Right To Counsel And The Selective Service System, Anthony Gaeta Jr.

William & Mary Law Review

No abstract provided.


Aftermath Of Miranda--The Courts Grapple With Burden Of Proof, Linda L. Hupp Feb 1969

Aftermath Of Miranda--The Courts Grapple With Burden Of Proof, Linda L. Hupp

West Virginia Law Review

No abstract provided.


Constitutional Law - Qualifications Of Congressmen, Elmer S. Beatty Jan 1969

Constitutional Law - Qualifications Of Congressmen, Elmer S. Beatty

Duquesne Law Review

The Supreme Court of the United States has held that Congress, in judging the qualifications of its members, is limited to the standing qualifications prescribed by the Constitution.

Powell v. McCormack, 89 S. Ct. 1944 (1969).


Constitutional Law - Right To Travel, Patrick J. Kearney Jan 1969

Constitutional Law - Right To Travel, Patrick J. Kearney

Duquesne Law Review

The United States Supreme Court has held that state residency requirements for eligibility under federal welfare assistance programs are unconstitutional because they restrict the right to travel.

Shapiro v. Thompson, 89 S. Ct. 1322 (1969).


Constitutional Supremacy: An Early Advocate Of Judicial Review, Leonard B. Rosenberg Jan 1969

Constitutional Supremacy: An Early Advocate Of Judicial Review, Leonard B. Rosenberg

Duquesne Law Review

It has often been said that judicial review is a necessary ingredient in a federated system, for supremacy must reside somewhere; and that in the American system, with its additional tripartite structure, it is an absolute necessity. Even critics of judicial review generally agree that the power of the Supreme Court over acts of state legislatures and state courts, as contradistinguished from its power over congressional legislation and presidential activities, is essential to the American political system and, in addition, is a constitutional directive (Article VI-the "supremacy clause").


Constitutional Law—Cruel And Unusual Punishment—Conviction Of A Chronic Alcoholic For Public Intoxication Not Violative Of Eighth Amendment Proscription Of Cruel And Unusual Punishment, Robert E. Keller Jan 1969

Constitutional Law—Cruel And Unusual Punishment—Conviction Of A Chronic Alcoholic For Public Intoxication Not Violative Of Eighth Amendment Proscription Of Cruel And Unusual Punishment, Robert E. Keller

Buffalo Law Review

Powell v. Texas, 392 U.S. 514 (1968).


Recent Developments, Various Editors Jan 1969

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


Recent Developments, Various Editors Jan 1969

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


The Proper Standard For Directed Verdicts In The Federal Courts: The Influences Of The Seventh Amendment And The Erie Doctrine, Ward T. Williams Jan 1969

The Proper Standard For Directed Verdicts In The Federal Courts: The Influences Of The Seventh Amendment And The Erie Doctrine, Ward T. Williams

Villanova Law Review (1956 - )

No abstract provided.


Imprisonment Of Indigents For Non-Payment Of Fines: Equal Protection Or Substitute Punishment? - Morris V. Schoonfield Jan 1969

Imprisonment Of Indigents For Non-Payment Of Fines: Equal Protection Or Substitute Punishment? - Morris V. Schoonfield

Maryland Law Review

No abstract provided.


The Effect Of Mathis On Right To Counsel In Tax Investigations, Norvie L. Lay Jan 1969

The Effect Of Mathis On Right To Counsel In Tax Investigations, Norvie L. Lay

Villanova Law Review (1956 - )

No abstract provided.


The Tentative Emergence Of Student Power In The United States, William W. Van Alstyne Jan 1969

The Tentative Emergence Of Student Power In The United States, William W. Van Alstyne

Faculty Scholarship

No abstract provided.


A Constitution For Every Man, William W. Van Alstyne Jan 1969

A Constitution For Every Man, William W. Van Alstyne

Faculty Scholarship

No abstract provided.


Bail As A Preferred Freedom And The Failures Of New York's Revision, Neil Fabricant Jan 1969

Bail As A Preferred Freedom And The Failures Of New York's Revision, Neil Fabricant

Buffalo Law Review

No abstract provided.


Criminal Law—Denial Of Counsel And Failure To Provide Adequate Warnings Regarding Constitutional Rights Have Important Bearing On Confessions Which Are Tested Under The Totality Of Circumstances., Edwin H. Wolf Jan 1969

Criminal Law—Denial Of Counsel And Failure To Provide Adequate Warnings Regarding Constitutional Rights Have Important Bearing On Confessions Which Are Tested Under The Totality Of Circumstances., Edwin H. Wolf

Buffalo Law Review

Greenwald v. Wisconsin, 390 U.S. 519 (1968).


The Background Of The Fourth Amendment To The Constitution Of The United States, Joseph J. Stengel Jan 1969

The Background Of The Fourth Amendment To The Constitution Of The United States, Joseph J. Stengel

University of Richmond Law Review

It is generally agreed that the antecedent history of the Fourth Amendment to the Constitution of the United States is concerned primarily with those events that took place in England and the AmericanColonies in the thirty years immediately preceding the adoption of the Amendment. However, it also seems clear that it was the executive abuse of search and seizure in England throughout the centuries that led to those events. The search for the reason "why" of the Fourth Amendment should then logically begin with the earliest recorded events, statutes and cases involving search and seizure in English history and be …


The Background Of The Fourth Amendment To The Constitution Of The United States, Part Two, Joseph J. Stengel Jan 1969

The Background Of The Fourth Amendment To The Constitution Of The United States, Part Two, Joseph J. Stengel

University of Richmond Law Review

Upon the conclusion of the Constitutional Convention in 1787 and after the proposed Constitution was submitted by Congress to the states for ratification, there arose a clamor concerning the absence of a bill or declaration of rights therein. Scholars have disagreed as to the basis for this controversy. Story says that the demand was "a matter of very exaggerated declamation and party zeal, for the mere purpose of defeating the Constitution." Cooley concludes that leading statesmen made the want of a bill of rights in the Constitution the ground of a "decided, earnest, and formidable opposition to the confirmation of …