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Constitutional Law

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Constitutional Law--Executive Agreements--International Law--Executive Authority Concerning The Future Political Status Of The Trust Territory Of The Pacific Islands, Michigan Law Review Apr 1968

Constitutional Law--Executive Agreements--International Law--Executive Authority Concerning The Future Political Status Of The Trust Territory Of The Pacific Islands, Michigan Law Review

Michigan Law Review

It is fair to conclude that the President, even in the absence of express congressional authorization, has constitutional authority indeed, a constitutional duty-to carry out those obligations assumed under the Micronesian trusteeship agreement. Execution of this agreement lies within the scope of the authority given the President by the faithful execution clause and by his independent constitutional powers in the area of foreign policy. Thus, it is next necessary to determine the scope of the president's authority under the trusteeship agreement.


The Original Purpose And Present Utility Of The Ninth Amendment, Wilfred J. Ritz Mar 1968

The Original Purpose And Present Utility Of The Ninth Amendment, Wilfred J. Ritz

Washington and Lee Law Review

No abstract provided.


The Alternative Amendment Process: Some Observations, Paul G. Kauper Mar 1968

The Alternative Amendment Process: Some Observations, Paul G. Kauper

Michigan Law Review

The alternative method of formal amendment of the Constitution raises unresolved questions of interpretation. As a contribution to the formulation of procedures for the implementation of this method Senator Ervin has introduced a bill dealing with the matter in considerable detail. In dealing with the subject I propose to discuss not only the convention procedure provided in article V, and in this connection point up some considerations respecting Senator Ervin's bill, but also some basic questions relating to the formal amendment process and the role assumed by the Supreme Court in the process of constitutional change.


Disadvantages Of A Federal Constitutional Convention, Ralph M. Carson Mar 1968

Disadvantages Of A Federal Constitutional Convention, Ralph M. Carson

Michigan Law Review

Article V says that on application of two-thirds of the states Congress "shall" call the convention for proposing amendments. The imperative color of this word cannot be disregarded. It leaves no discretion in Congress as to the convening of an article V assembly, although it may be consistent with some control by Congress over the modalities. A deliberate refusal on the part of Congress to call a convention, once the requisite number of state applications were in hand, may be expected, by enlarged analogy to what has been done in the recent civil rights cases and what is being proposed …


Article V: The Comatose Article Of Our Living Constitution?, Robert G. Dixon Jr. Mar 1968

Article V: The Comatose Article Of Our Living Constitution?, Robert G. Dixon Jr.

Michigan Law Review

Capacity for steady--even startling-development and relative incapacity for formal change, are twin features of American constitutionalism often noticed but seldom analyzed conjointly. Even the most stalwart supporters of the status quo do not want an unamendable Constitution, but disagreement as to how change should be effected, and the scope of it, runs deep. Indeed, this is the central problem of Marbury v. Madison. That case was the effective innovator of judicial review, our "real" system for developmental constitutionalism. Interestingly, it also was one of the quite rare instances when a seemingly simple constitutional text was at issue (scope of Supreme …


The Dirksen Amendment And The Article V Convention Process, Arthur Earl Bonfield Mar 1968

The Dirksen Amendment And The Article V Convention Process, Arthur Earl Bonfield

Michigan Law Review

This article will concentrate on the legal issues facing Congress in the current effort to call a constitutional convention. Because all of the previous amendments to the Constitution were proposed to the states by a two-thirds vote of both Houses of Congress, the issues raised in the present situation have never been resolved. The appropriate course of action for the national legislature is especially in doubt. An attempt will therefore be made here to focus on proper decision-making by Congress in resolving these constitutional issues. The role of the judiciary will be considered only incidentally, since, as will be seen, …


Proposed Legislation To Implement The Convention Method Of Amending The Constitution, Sam J. Ervin Jr. Mar 1968

Proposed Legislation To Implement The Convention Method Of Amending The Constitution, Sam J. Ervin Jr.

Michigan Law Review

Article V of the Constitution of the United States provides that constitutional amendments may be proposed in either of two ways--by two-thirds of both houses of the Congress or by a convention called by the Congress in response to the applications of two-thirds of the state legislatures. Although the framers of the Constitution evidently contemplated that the two methods of initiating amendments would operate as parallel procedures, neither superior to the other, this has not been the case historically. Each of the twenty-five constitutional amendments ratified to date was proposed by the Congress under the first alternative. As a result, …


The Supreme Court And The People, Everett Mckinley Dirksen Mar 1968

The Supreme Court And The People, Everett Mckinley Dirksen

Michigan Law Review

There is only one circumstance, as I read the Constitution, which authorizes the federal government to intrude or interfere with the governmental structure of a state. That would occur under the provisions of section 4 of article IV, which, in pertinent part, state: "The United States shall guarantee to every State in this Union a Republican form of Government .... " This was the question, if indeed there was a federal question, to be determined in the earlier Baker v. Carr and the reapportionment cases. To rely on the fourteenth amendment for authority to establish by judicial decree a new …


Constitutional Law--Civil Rights--State Action Under The Fourteenth Amendment, John Charles Lobert Feb 1968

Constitutional Law--Civil Rights--State Action Under The Fourteenth Amendment, John Charles Lobert

West Virginia Law Review

No abstract provided.


Comment, John J. Sparkman Jan 1968

Comment, John J. Sparkman

Villanova Law Review (1956 - )

No abstract provided.


Recent Developments, Various Editors Jan 1968

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law—The Application Of Procedural Due Process To Proceedings For The Compulsory Civil Commitment Of Narcotic Addicts, Kenneth D. Weiss Jan 1968

Constitutional Law—The Application Of Procedural Due Process To Proceedings For The Compulsory Civil Commitment Of Narcotic Addicts, Kenneth D. Weiss

Buffalo Law Review

Matter of Spadafora, 54 Misc. 2d 123, 281 N.Y.S.2d 923 (1967); Matter of James, 54 Misc. 2d 514, 283 N.Y.S.2d 126 (1967).


The Eleventh Amendment: Adoption And Interpretation, Doyle Mathis Jan 1968

The Eleventh Amendment: Adoption And Interpretation, Doyle Mathis

Georgia Law Review

One of the controversies involving the states and the federal government is the question of suits against the states, brought by citizens of other states in the federal courts. This controversy is centered around the United States Supreme Court decision in Chisholm v. Georgia and the eleventh amendment to the United States Constitu- tion. This article is a study of the events leading to the adoption of the eleventh amendment and the subsequent attempts to gain access to the federal courts in such cases. An effort is made also to clarify Supreme Court interpretation of the eleventh amendment by considering …


Comment, Karl E. Mundt Jan 1968

Comment, Karl E. Mundt

Villanova Law Review (1956 - )

No abstract provided.


Marijuana And The Law: The Constitutional Challenges To Marijuana Laws In Light Of The Social Aspects Of Marijuana Use, Mark S. Dichter Jan 1968

Marijuana And The Law: The Constitutional Challenges To Marijuana Laws In Light Of The Social Aspects Of Marijuana Use, Mark S. Dichter

Villanova Law Review (1956 - )

No abstract provided.


Toward The Techno-Corporate State - An Essay In American Constitutionalsim, Arthur Selwyn Miller Jan 1968

Toward The Techno-Corporate State - An Essay In American Constitutionalsim, Arthur Selwyn Miller

Villanova Law Review (1956 - )

No abstract provided.


Who Can Be President Of The United States: The Unresolved Enigma, Charles Gordon Jan 1968

Who Can Be President Of The United States: The Unresolved Enigma, Charles Gordon

Maryland Law Review

No abstract provided.


'Custodial Interrogation' Within The Meaning Of Miranda, Yale Kamisar Jan 1968

'Custodial Interrogation' Within The Meaning Of Miranda, Yale Kamisar

Book Chapters

The primary conceptual hurdle confronting the Miranda Court was the "legal reasoning" that any and all police interrogation is unaffected by the privilege against self-incrimination because such interrogation does not involve any kind of judicial process for the taking of testimony; inasmuch as police officers have no legal authority to compel statements of any kind, there is no legal obligation, ran the argument, to which a privilege can apply. See, e.g., the discussion and authorities collected in Kamisar, A Dissent from the Miranda Dissents: Some Comments on the "New" Fifth Amendment and the Old "Voluntariness" Test, 65 MICH. L. REv. …


The Drinking Driver: An Approach To Solving A Problem Of Underestimated Severity, David A. Scholl Jan 1968

The Drinking Driver: An Approach To Solving A Problem Of Underestimated Severity, David A. Scholl

Villanova Law Review (1956 - )

No abstract provided.


One Man, 3.312 Votes: A Mathematical Analysis Of The Electoral College, John F. Banzhaf Iii Jan 1968

One Man, 3.312 Votes: A Mathematical Analysis Of The Electoral College, John F. Banzhaf Iii

Villanova Law Review (1956 - )

No abstract provided.


Recent Developments, Various Editors Jan 1968

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


The Presently Expanding Concept Of Judicial Notice, Fortunata Giudice, C. William Kraft Jan 1968

The Presently Expanding Concept Of Judicial Notice, Fortunata Giudice, C. William Kraft

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law—One Year Residence Requirement To Be Eligible For State Welfare: A Denial Of Both Equal Protection And Freedom Of Travel, Robert M. Feinson Jan 1968

Constitutional Law—One Year Residence Requirement To Be Eligible For State Welfare: A Denial Of Both Equal Protection And Freedom Of Travel, Robert M. Feinson

Buffalo Law Review

Thompson v. Shapiro, 270 F. Supp. 331 (D. Conn. 1967), appeal docketed, 36 U.S.L.W. 3214 (U.S. Nov. 13, 1967) (No. 813).


The Demise Of The Right-Privilege Distinction In Constitutional Law, William W. Van Alstyne Jan 1968

The Demise Of The Right-Privilege Distinction In Constitutional Law, William W. Van Alstyne

Faculty Publications

The right-privilege distinction, as it appeared in an early statement by Justice Holmes, has long hampered individuals within the public sector in protecting themselves against arbitrary governmental action. In this article Professor Van Alstyne reviews the uses and misuses to which the "privilege" concept has been put and then examines those doctrines whose flanking attacks have gradually eroded its efficacy. But none of these doctrines comes to grips with Holmes' basic idea of a "privilege" to which substantive due process is inapplicable. Applying Holmes' own jurisprudence, the author argues that the concept of "privilege" is today no longer viable, and …


Do Police Sometimes Practice 'Civil Disobedience', Too?, Yale Kamisar Jan 1968

Do Police Sometimes Practice 'Civil Disobedience', Too?, Yale Kamisar

Articles

In a recent address, Mr. Joseph J. Casper, Assistant Director of the FBI, asserted that "a society living under the rule of law cannot permit persons to choose the Jaws which they will obey and the Jaws which they will break." But on reading the rest of his speech, one wonders whether he would strenuously object if the police were permitted to select the laws which they must obey and those they may disregard.


The Release Of Government-Owned Technical Data Under The Freedom Of Information Law: Between Scylla And Charybdis, James A. Dobkin Jan 1968

The Release Of Government-Owned Technical Data Under The Freedom Of Information Law: Between Scylla And Charybdis, James A. Dobkin

Villanova Law Review (1956 - )

No abstract provided.


The Judicial Trend Toward Student Academic Freedom, William W. Van Alstyne Jan 1968

The Judicial Trend Toward Student Academic Freedom, William W. Van Alstyne

Faculty Publications

This analysis references the growing likelihood that even “private” colleges and universities may be viewed as state actors due to these institutions growing reliance on public funds and their performance of what is often considered a public function. Given such, this examination discusses the growing sphere of student rights.


The Truth-In-Negotiations Act – An Examination Of Defective Pricing In Government Contracts, Michael J. Graetz Jan 1968

The Truth-In-Negotiations Act – An Examination Of Defective Pricing In Government Contracts, Michael J. Graetz

Faculty Scholarship

Charges of excessive profitmaking on government contracts have issued from the Senate floor and the nation's press and have provided the impetus for recent congressional investigations and proposals for remedial legislation. Profiteering by government contractors is a problem of potentially enormous dimensions since purchases by the federal government total more than seventy-seven billion dollars – over ten per cent of the gross national product. Because the greatest part of these purchases are made by the Department of Defense, congressional action aimed at minimizing excessive profits has focused upon Defense Department procurement activities under the Armed Services Procurement Act (ASPA).


67/12/12 Oral Arguments Before The Us Supreme Court, Louis Stokes, Reuben M. Payne, Earl Warren, Hugo L. Black, William O. Douglas, John M. Harlan, William J. Brennan Jr., Potter Stewart, Byron R. White, Abe Fortas, Thurgood Marshall Dec 1967

67/12/12 Oral Arguments Before The Us Supreme Court, Louis Stokes, Reuben M. Payne, Earl Warren, Hugo L. Black, William O. Douglas, John M. Harlan, William J. Brennan Jr., Potter Stewart, Byron R. White, Abe Fortas, Thurgood Marshall

United States Supreme Court

Tuesday, December 12, 1967 oral arguments before the United States Supreme Court.


Juvenile Delinquency--Jurisdiction--Double Jeopardy, John Woodville Hatcher Dec 1967

Juvenile Delinquency--Jurisdiction--Double Jeopardy, John Woodville Hatcher

West Virginia Law Review

No abstract provided.