Digital Commons Network^™

Constitutional Rights In Juvenile Court, Joseph L. Rubin

Cleveland State Law Review

On June 20, 1966, the United States Supreme Court noted that it had probable jurisdiction in the case of In Re Gault. Ten months and three weeks later, the Supreme Court reached a landmark decision on judicial handling of juvenile delinquency matters. On May 15, 1967, the court handed down a ruling that many of the constitutional procedural protections previously observed only in adult trials are also applicable to children in juvenile court proceedings. This decision portends a major change in the manner in which most of the nation's three thousand juvenile courts have been functioning. The significance of this …

Newman: Conviction: The Determination Of Guilt Or Innocence Without Trial, B. J. George Jr.

Michigan Law Review

A Review of Conviction: The Determination of Guilt or Innocence Without Trial by Donald J. Newman

The Ex-Convict's Right To Vote, David H. Getches

Publications

No abstract provided.

Film Censorship: The American And British Experience, Robert J. Klein

Villanova Law Review (1956 - )

No abstract provided.

Post Conviction Problems And The Defective Delinquent, Miriam L. Gafni, Barney B. Welsh

Villanova Law Review (1956 - )

No abstract provided.

A Resurgence Of The Klaxon Controversy - Contemporary Legal Trends Revitalize An Old Principle, William H. Danne Jr.

Villanova Law Review (1956 - )

No abstract provided.

The Press, Privacy, And Public Figures - A Symposium - Introduction, Donald W. Dowd

Villanova Law Review (1956 - )

No abstract provided.

Attorney-Client-Client's Right To Engage Out-Of-State Attorney For Advice Concerning Federal Claim Is A Privilege And Immunity Of National Citizenship--Spanos V. Skouras Theatre Corp., Michigan Law Review

Michigan Law Review

The state and federal courts, existing side by side within the boundaries of each state, separately control admission to practice law before their respective bars. Although membership in a state bar is generally a prerequisite for admission to the bar of a federal court, the two systems do function under separate and distinct ground rules, and they appear to have done so with a minimum of friction. However, the principal case is indicative of the problems that may arise when state policy on the right to practice law within the state conflicts with federal policy.

Miranda--Some History, Some Observations, And Some Questions, Karl P. Warden

Vanderbilt Law Review

At this writing Miranda v. Arizona' is less than four months old. Although its place in the annals of leading constitutional decisions is assured, its meaning for, and influence upon, the criminal law process in the United States is not at all certain. It will require years of data accumulation and analysis to determine how profound an effect it will have and to evaluate that effect in terms of social impact. It is too soon to know whether the Miranda case has started a new revolution in the administration of criminal justice or has merely ended an old one. Is …

The United States Congress And Internal Reform, Robert F. Sittig

Vanderbilt Law Review

It has now been twenty years since the United States altered its internal machinery in a comprehensive attempt at modernization. Its willingness, in 1946, to adopt most of the changes suggested by a congressional study committee indicated the timeliness of that reorganization. The basic areas changed were: standing committees (size,jurisdiction, membership and operating procedures); regulation of lobby groups; coordination and supervision of fiscal affairs; and the bringing of professional research staffs to Congress. Most of these modifications were quickly implemented after passage of the act.' Of those given a trial, many met the test of time and have become a …

Habeas Corpus--Custody And Release From Custody Requirements Of Habeas Corpus--Viability Of Mcnally V. Hill In The Moden Context, Michigan Law Review

Michigan Law Review

Section 2241 of Title 28 of the United States Code requires that a petitioner for a writ of habeas corpus be "in custody." As a corollary of the "custody" requirement, the common law tradition required that the effect of the writ must be the petitioner's "release from custody.'' Because the United States Constitution and the federal habeas corpus statutes guarantee the availability of the writ in general terms, it is to the common law that the courts have consistently turned for the definition of these terms and for the restrictive effect of these requirements on the availability of the writ …

66/10/19 Mandate, Ohio Supreme Court, Supreme Court Of Ohio

Ohio Supreme Court

Mandate to Common Pleas Court, Cuyahoga County, to proceed without delay to carry out its judgment in Ohio v Terry citing no substantial constitution question involved.

Legislative Apportionment In Indiana: A Case History, Leon H. Wallace

Indiana Law Journal

No abstract provided.

Comparative Study Of Certain Due Process Requirements Of The European Human Rights Convention, Thomas Buergenthal

Buffalo Law Review

No abstract provided.

The Roth Test And Its Corollaries, Bradford Coupe

William & Mary Law Review

No abstract provided.

State Constitutional Development: A 25-Year Review, W. Brookes Graves

William & Mary Law Review

No abstract provided.

The Ninth Amendment: Guidepost To Fundamental Rights, David K. Sutelan

William & Mary Law Review

No abstract provided.

66/09/21 Motion To Dismiss Appeal Filed As Of Right And Memorandum Opposing Jurisdiction, John T. Corrigan, Reuben M. Payne

Ohio Supreme Court

"The trial court properly found that there is a distinction between a frisk and a search, and that in the circumstances of this case the frisk preceded the arrest, and further, that the arrest and search in connection therewith were legal. The opinion of the Court of Appeals and the authorities cited therein support that conclusion. The defendant has not shown any valid reason why these findings should be disturbed. The motion for leave to appeal should therefore be overruled." From the Conclusion, page 14.

Of Men, And Not Of Law. Lyman A. Garber., Malcolm G. Crawford

Washington and Lee Law Review

No abstract provided.

The First Amendment And The Suppression Of Warmongering Propaganda In The United States: Comments And Footnotes, William W. Van Alstyne

Faculty Publications

In an attempt to determine how the First Amendment may protect speakers’ rights to make inflammatory statements calling for violence against a sovereign, this article breaks down this larger question into three categories based on the speaker: the government, foreigners abroad, or American citizens.

Book Review Of Cases And Materials On Constitutional Law, Frank R. Strong

Journal of Legal Education

No abstract provided.

Constitutionality Of Conviction Under Narcotics Possession Statute, Anon

Washington Law Review

Defendant was convicted of the felony of possession of a narcotic without a prescription, and was sentenced to serve a maximum term of twenty years. Defendant claimed that, on the same facts, the prosecutor could have charged the defendant with the gross misdemeanor of illegal use of narcotic drugs. Defendant argued that this vests discretion in the prosecutor to charge either a felony or a gross misdemeanor, and that this discretion is violative of the equal protection clauses of the Washington and United States constitutions. On appeal, the Washington Supreme Court affirmed the conviction. Held: The gross misdemeanor of illegal …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Robinson-Patman-Adoption of Physical Comparison Test To Determine "Like Grade or Quality"

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Antitrust--Tying Arrangement Held Unfair Method of Competition Under Section 5 of Federal Trade Commission Act Atlantic Refining Company agreed to promote

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Bankruptcy--Tax-Rights of a Trustee in Bankruptcy Against an Unrecorded Tax Lien

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Constitutional Law--Applicability of the Fourteenth Amendment to a Charitable Trust in Which a State Agency Was the Original Trustee

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Constitutional Law--Clandestine Surveillance of Public Toilet--Not an Unreasonable Search

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Criminal Law--Joint Trials--Admission of Confession Implicating Both Defendants Held Erroneous

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Evidence--No Cross-Examination of Defendant's Character Witnesses as to His Prior Arrests and Conviction …

The Criminal Justice Act Of 1964: A Critique, Robert P. Wolf

William & Mary Law Review

No abstract provided.

Constitutional Law—Serving Liquor To Minors In Own Home Not In Violation Of Section 484(3) Of Penal Law, George Wallach

Buffalo Law Review

People v. Martell, 16 N.Y.2d 245, 212 N.E.2d 433, 264 N.Y.S.2d 913, (1965).

The Use Of Federal Habeas Corpus By State Prisoners, J. Deweese Carter

Washington and Lee Law Review

No abstract provided.

A Handbook Of Federal Habeas Corpus. Ronald P. Sokol.

Washington and Lee Law Review

No abstract provided.

The Equal Protection Clause And Imprisonment Of The Indigent For Nonpayment Of Fines, Michigan Law Review

Michigan Law Review

The practice of imprisonment for failure to pay a fine levied for a criminal violation originated in twelfth-century England; its subsequent unanimous acceptance in the United States is manifested in the provisions in the statutes of every state and of the federal government authorizing imprisonment for nonpayment of fines. A few states not only commit the defendant to jail for nonpayment of the fine, but impose hard labor as well. Some states, however, have mitigated to a degree the harshness of the practice. For example, Arizona restricts the total period of confinement for the crime and the default of the …

Linkletter, Shott, And The Retroactivity Problem In Escobedo, J. Alan Galbraith

Michigan Law Review

Prior to the 1964 Supreme Court Term, decisions promulgating new constitutional rules were applied retroactively as a matter of course to final convictions. While dissents occasionally criticized the Court's failure to discuss the retroactive impact of a new constitutional rule, the potential effect upon final convictions of any single rule was not sufficiently acute to justify a departure from the normal grant of retroactivity. But the Court's decision in Mapp v. Ohio; which abruptly overturned Wolf v. Colorado and brought into doubt final state convictions resting upon illegally seized evidence admitted in reliance upon Wolf, caused courts and …

The Public Housing Administration And Discrimination In Federally Assisted Low-Rent Housing, Jordan D. Luttrell

Michigan Law Review

The Public Housing Administration is the federal agency primarily responsible for the administration of the federally assisted low-rent housing program. Since the expense of constructing low-rent housing unassisted by federal funds is prohibitive for state or local governments, this program accounts for practically all low-rent housing in the United States. Consequently, PHA has exercised, and continues to exercise, substantial influence on the development of the nation's low-rent housing.