Digital Commons Network^™

Sex Publications And Moral Corruption: The Supreme Court Dilemma, Erwin A. Elias

William & Mary Law Review

No abstract provided.

Constitutional Rights Of Juveniles: Gault And Its Application, Karen L. Atkinson

William & Mary Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Agency Franchise Agreements Are Reasonable Trade Restraints Under Sherman Act While Restraints Following Sale Are Per Se Unlawful

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

Antitrust--Product Extension Merger in Violation of Section 7 of the Clayton Act

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

Constitutional Law--Reapportionment-Principle of "One Man, One Vote" Not Applicable to Appointed County School Board Performing Administrative Function

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

Labor Law--Union Empowered To Expel Member for Failure To Exhaust Union Appellate Remedies

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

Taxation--Federal Estate Taxation-State Trial Court Judgments on Property Rights Not Conclusive on Federal Courts Adjudicating Federal Tax Consequences

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

Taxation--Federal Income Tax--Effect of Close Corporation Voting Trust on Right to Subchapter S Election

67/11/17 Brief Of Americans For Effective Law Enforcement, As Amicus Curiae, James R. Thompson

United States Supreme Court

"Despite the evidence which has been found of cases in which some police have abused field interrogation in some instances - evidence upon which the amicus relies so heavily - the President's Commission on Law Enforcement and Administration of Justice unanimously recommends its adoption and use :

"The Commission believes that there is a definite need to authorize the police to stop suspects and possible witnesses of major crimes, to detain them for brief questioning if they will not voluntarily cooperate, and to search such suspects for dangerous weapons when such precaution is necessary."

This Amicus Curiae requests that the …

67/11/03 Brief For Respondent, Reuben M. Payne, John T. Corrigan

United States Supreme Court

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Labor Law-Exemption of Union from Antitrust Laws Is Lost When It Imposes Minimum Price Levels on a Member-Employer Acting on their own initiative, the plaintiffs, union member'

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

Civil Rights--Desegregation--School Authorities Have Afirmative Duty To Integrate School System Negro children in six Louisiana and three Alabama school systems

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

Constitutional Law--Citizenship--Stripping Congress of Its Right To Expatriate

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

Constitutional Law--State Constitutional Amendment Guaranteeing Discretion to Seller of Real Estate Violates Fourteenth Amendment

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

Criminal Law--The "Mere Evidence" Rule Is Expressly Abolished

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

antitrust, civil rights, constitutional law, criminal law

67/10/18 Brief For Petitioner, Terry, Louis Stokes, Jack G. Day

United States Supreme Court

No abstract provided.

The Second Front: Free Expression Versus Individual Dignity, George C. Haimbaugh Jr.

William & Mary Law Review

No abstract provided.

Discrimination: A Constitutional Dilemma, Frank S. Sengstock, Mary C. Sengstock

William & Mary Law Review

No abstract provided.

Paul's Perverted Privileges Or The True Meaning Of The Privileges And Immunities Clause Of Article Four, Chester J. Antieau

William & Mary Law Review

No abstract provided.

67/09/27 Brief Of American Civil Liberties Union, American Civil Liberties Union Of Ohio, And New York Civil Liberties Union, Amici Curiae, Thomas H. Barnard, Irwin M. Feldman, Lewis R. Katz, Bernard A. Berkman, Lewis A. Stern, Melvin L. Wulf, Alan H. Levine

United States Supreme Court

The American Civil Liberties Union (ACLU), ACLU of New York and New York Civil Liberties Union's Amici Curiae Brief arguing against the "stop-and-frisk" practice as seen in Terry v. Ohio and Chilton v. Ohio, Peters v. New York, and Sibron v. New York.

The Dilemma Of The Disobedient: A Solution, John H. Boisblanc

Indiana Law Journal

No abstract provided.

Constitutional Law - Right Of Privacy - Time, Inc. V. Hill, 87 S. Ct. 534 (1967), Charles E. Friend

William & Mary Law Review

No abstract provided.

Criminal Procedure—Indictment—Evidence Inadmissible At Trial Is Inadmissible In Grand Jury Proceedings, Michael Nelson

Buffalo Law Review

West v. United States, 359 F.2d 50 (8th Cir.), cert. denied mem., 87 Sup. Ct. 131 (1966).

Judicial Review: A Tri-Dimensional Concept Of Administrative-Constitutional Law, Frank R. Strong

West Virginia Law Review

In an earlier issue of the present volume of the Review, an effort was made to dispel the seeming absurdity that "Separation of Powers, the cardinal principle upon which the federal and all state governments are founded, a great American contribution to the science of government, violates the due process clause!" The quotation is from an able and exhaustive article on Judicial Review of Administrative Action in West Virginia, written by Kenneth Gulp Davis at the beginning of a teaching and writing career which has brought him preminence in the field of Administrative Law. The article appeared in Volume 44 …

Compulsory Medical Treatment And The Free Exercise Of Religion

Indiana Law Journal

No abstract provided.

Compensation For Loss Of Access In Eminent Domain In New York: A Re-Evaluation Of The No-Compensation Rule With A Proposal For Change, Richard S. Mayberry, Frank A. Aloi

Buffalo Law Review

No abstract provided.

The Sabbatino Case And The Sabbatino Amendment: Comedy--Or Tragedy--Of Errors, William H. Reeves

Vanderbilt Law Review

The issues and decisions in the Sabbatino litigation and the significant concepts of the Sabbatino legislation are here reviewed and considered in five parts. Part I discusses the mistaken beliefs of the Congress as to the reasons for proposing and enacting the Sabbatino Amendment. Part II then examines the relations between Cuba and the United States, explaining how Cuba's insult made possible the judicial errors in the Sabbatino decisions, which were reversed by the Supreme Court, and also prompted the subsequent Sabbatino legislation. In Part III, proof will be given of congressional misinterpretations of foreign law and foreign court decisions …

Slumlordism As A Tort, Joseph L. Sax, Fred J. Hiestand

Michigan Law Review

The war against poverty has been fought with rather more vigor than its initiators contemplated. Thus far, however, the major engagements have taken place in the streets of Watts and Chicago, which is not quite what they had in mind. Some, who think it odd that as we pass more laws we get more lawlessness, will perhaps content themselves by observing that the feeding hand is always bitten. Those less easily satisfied have begun to see the need for adopting some legal solutions as far reaching as the problems they are designed to abate; the following article is addressed to …

Brief Amicus Curiae, Urging Reversal, On Behalf Of - John J. Russell, Bishop Of Richmond; Lawrence Cardinal Shehan, Archbishop Of Baltimore; Paul A. Hallinan, Archbishop Of Atlanta; Philip M. Hannan, Archbishop Of New Orleans; Robert E. Lucey, Archbishop Of San Antonio; Joseph B. Brunini, Apostolic Administrator Of Natchez-Jackson; Lawrence M. Defalco, Bishop Of Amarillo; Joseph A. Dirick, Apostolic Administrator Of Nashville; Thomas K. Gorman, Bishop Of Dallas-Ft. Worth; Joseph H. Hodges, Bishop Of Wheeling; John L. Morkovsky, Apostolic Administrator Of Galveston-Houston; Victor J. Reed, Bishop Of Oklahoma City And Tulsa; L. J. Reicher, Bishop Of Austin; Thomas Tschoepe, Bishop Of San Angelo; Ernest L. Unterkoefler, Bishop Of Charleston; Vincent S. Waters, Bishop Of Raleigh; The National Catholic Conference For Interracial Justice; And The National Catholic Social Action Conference, William M. Lewers C.S.C, William B. Ball

Court Briefs

No. 395
Richard Perry Loving v. Commonwealth of Virginia

On Appeal from the Supreme Court of Appeals of Virginia

From the Summary Statement of the Case

Appellants, Richard Perry Loving and Mildred Jeter Loving, were convicted on January 6, 1959, in the Circuit Court of Caroline County, Virginia, under an indictment charging that "the said Richard Perry Loving being a White person and the said Mildred Delores Jeter [Loving] being a Colored person, did unlawfully and feloniously go out of the State of Virginia, for the purpose of being married and with the intention of returning to the State of …

Constitutional Law - Fourth Amendment - Electronic Eavesdropping, Jay Paul Kahle

Duquesne Law Review

Electronic Eavesdropping- Verbal evidence of gambling activities obtained without a warrant by means of an electronic listening device held inadmissable [sic].

Katz v. United States, 88 S. Ct. 507 (1968).

Torts—Libel—A Conditional Privilege To Make Non-Malicious Misstatements Concerning Participants In Public Discussion, Peter J. Brevorka

Buffalo Law Review

Pauling v. Globe-Democrat Publishing Co., 362 F.2d 188 (8th Cir. 1966), petition for cert. filed, 35 U.S.L. Week 3082 (U.S. Sept. 13, 1966) (No. 522).

The Development Of The Right Of Assembly: A Current Socio-Legal Investigation, George P. Smith Ii

Scholarly Articles

It will be the purpose of this article to assay the historical evolution of the freedom of assembly, noting first its development in England and later in America and finally its current position in the twentieth century. Even though the rights of free speech, association, and religion are inescapably drawn into case discussions of freedom of assembly, effort will be made to confine the consideration to the pertinent assembly problems. In addition to considering the fundamental legal propositions embodied in this right, as well as its raison d'etre, thought and discussion will be given to the sociological interpretations of the …

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Law Enforcement States Its Views, John Edgar Hoover

Villanova Law Review (1956 - )

No abstract provided.

Newsmen And The Times Doctrine, Harold L. Nelson

Villanova Law Review (1956 - )

No abstract provided.

United States V. Tempia: The Questionable Application Of Miranda To The Military, James F. Falco

Villanova Law Review (1956 - )

No abstract provided.

The Citizen On Trial: The New Confession Rules, Yale Kamisar

Articles

Commenting on why it has taken the United States so long to apply "the privilege against self-incrimination and the right to counsel to the proceedings in the stationhouse as well as to those in the courtroom" - as the Supreme Court did in Miranda v. Arizona - this author notes that, "To a large extent this is so because here, as elsewhere, there has been a wide gap between the principles to which we aspire and the practices we actually employ."

The Trials Of Mr. Justice Samuel Chase, Robert R. Bair, Robin D. Coblentz

Maryland Law Review

No abstract provided.

Criminal Procedure—Double Jeopardy—Retrial For Greater Degree Of Offense Charged After Reversal Of Conviction For Lesser Degree Of Same Offense Constitutes Double Jeopardy, Jeffrey Sellers

Buffalo Law Review

People v. Ressler, 17 N.Y.2d 174, 216 N.E.2d 582, 269 N.Y.S.2d 414 (1966).