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Articles 14821 - 14850 of 15616

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Prayer, Public Schools And The Supreme Court, Paul G. Kauper Apr 1963

Prayer, Public Schools And The Supreme Court, Paul G. Kauper

Michigan Law Review

A more complete understanding of the case, while doing much to temper the initial outburst of disapproval, did not by any means dispel all criticism of the decision or allay all the apprehensions aroused by it. Believing that the Supreme Court's opinion was premised on a fundamentally erroneous interpretation of the establishment clause of the first amendment, Bishop James A. Pike headed a movement to amend the Constitution so as to restore what he regarded as the true and intended meaning of its pertinent language. In the meantime, the Supreme Court has agreed to review and has heard argument on …

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Administrative Due Process In Military Proceedings, Robert D. Powers, Jr. Mar 1963

Administrative Due Process In Military Proceedings, Robert D. Powers, Jr.

Washington and Lee Law Review

No abstract provided.

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Dissenchick V. Attorney General, Yoel Sussman, Moshe Landau, Zvi Berinson Feb 1963

Dissenchick V. Attorney General, Yoel Sussman, Moshe Landau, Zvi Berinson

Translated Opinions

The trial of one Rafael Blitz for murder stretched over a number of days. On the second day. a newspaper (of which the first appellant was the editor and the second appellant the responsible journalist) published a report which indicated that in answer to the charge defence counsel had pleaded not guilty before the accused could say anything. In the body of the article it was reported that before trial the accused had in fact admitted his guilt to a journalist, although it was noted that such admission not having been made in court was not binding. The appellants were …

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Political Thickets And Crazy Quilts: Reapportionment And Equal Protection, Robert B. Mckay Feb 1963

Political Thickets And Crazy Quilts: Reapportionment And Equal Protection, Robert B. Mckay

Michigan Law Review

If asked to identify the two most important cases decided by the Supreme Court of the United States in the twentieth century, informed observers would be likely to name, in whichever order, Brown v. Board of Education and Baker v. Carr.

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Legislative Apportionment And Representative Government: The Meaning Of Baker V. Carr, Jo Desha Lucas Feb 1963

Legislative Apportionment And Representative Government: The Meaning Of Baker V. Carr, Jo Desha Lucas

Michigan Law Review

In three recent cases the Supreme Court has reopened the question of the extent to which federal courts will review the general fairness of state schemes of legislative apportionment. It is a question on which the Court has had nothing to say for over a decade, leaving the bar to patch together the current state of the law from the outcome of cases disposed of without opinion considered against a backdrop of language used in earlier decisions.

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Residency Requirements For Voting And The Tensions Of A Mobile Society, John R. Schmidhauser Feb 1963

Residency Requirements For Voting And The Tensions Of A Mobile Society, John R. Schmidhauser

Michigan Law Review

It is the purpose of this article to determine the extent to which persons otherwise qualified to vote are disenfranchised by the complex of state residency requirements and to assess the practical and constitutional aspects of any statutory prospects for change.

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The Administraton's Anti-Literacy Test Bill: Wholly Constitutional But Wholly Inadequate, William W. Van Alstyne Feb 1963

The Administraton's Anti-Literacy Test Bill: Wholly Constitutional But Wholly Inadequate, William W. Van Alstyne

Michigan Law Review

The nature of American national government has undergone a profound metamorphosis, moving from the near oligarchy which characterized the system as established in 1789 to the imperfectly representative government which it is today. At the time the Constitution was ratified, all restrictions then imposed by the several states on the right to vote for state and federal electors were preserved. These various limitations on the franchise restricted the active body politic to approximately four percent of the total population. Disfranchisement applied then, as now, to those under twenty-one, to those lacking sufficient residence in a given community, to the insane, …

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Judicial Reaction To Evidence Obtained By Harsh And Unusual Means, Gene Haislip Jan 1963

Judicial Reaction To Evidence Obtained By Harsh And Unusual Means, Gene Haislip

William & Mary Law Review

No abstract provided.

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Procedural Due Process And State University Students, William W. Van Alstyne Jan 1963

Procedural Due Process And State University Students, William W. Van Alstyne

Faculty Scholarship

This examination seeks to address the problems both universities and students confront regarding the growth of student expression. It is noted that contemporary students sometimes have fewer rights than petty criminals and this article explores the common reasons behind universities’ abbreviated procedures and reconcile those reasons with students’ emerging Fourteenth Amendment rights.

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Resident Aliens And Due Process: Anatomy Of A Deportation, Various Editors Jan 1963

Resident Aliens And Due Process: Anatomy Of A Deportation, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

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Film Censorship Since Roth-Alberts, George D. Haimbaugh Jr. Jan 1963

Film Censorship Since Roth-Alberts, George D. Haimbaugh Jr.

Kentucky Law Journal

No abstract provided.

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Can Congress Denationalize? The Supreme Court's View In Kennedy V. Mendoza-Martinez, Ralph J. Rohner, Jean J. Provost Jr. Jan 1963

Can Congress Denationalize? The Supreme Court's View In Kennedy V. Mendoza-Martinez, Ralph J. Rohner, Jean J. Provost Jr.

Scholarly Articles

In an age when perhaps the foremost concern of the legal profession is the status and protection of the rights of individuals, the few decided cases on the right to citizenship-the most basic of all rights, the "right to have rights"- are of special significance. Since 1950, but prior to this Term, only two Supreme Court cases directly confronted the constitutional questions inherent in an assertion by Congress of the right to separate a person from his nationality. These cases, decided on the same day in 1957, were scarcely reconcilable with each other; now, in 1963, the Supreme Court has …

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Embezzled Funds As Taxable Income: A Study In Judicial Footwork, Jerome B. Libin, George R. Haydon Jr. Jan 1963

Embezzled Funds As Taxable Income: A Study In Judicial Footwork, Jerome B. Libin, George R. Haydon Jr.

Michigan Law Review

The James case might not be worthy of extensive comment if its only significance rested on the decision that embezzled funds constitute taxable income in the year of misappropriation. But close analysis of the five separate opinions that were written indicates that James may have considerable significance beyond its precise holding.

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The "Tropic Of Cancer" Litigation In Illinois, Elmer Gertz Jan 1963

The "Tropic Of Cancer" Litigation In Illinois, Elmer Gertz

Kentucky Law Journal

No abstract provided.

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Gideon V. Wainwright: The Art Of Overruling, Jerold H. Israel Jan 1963

Gideon V. Wainwright: The Art Of Overruling, Jerold H. Israel

Articles

During the 1962 Term, the Supreme Court, on a single Monday, announced six decisions concerned with constitutional limitations upon state criminal procedure. The most publicized of these, though probably not the most important in terms of legal theory or practical effect, was Gideon v. Wainwright. In an era of constantly expanding federal restrictions on state criminal processes, the holding of Gideon-that an indigent defendant in a state criminal prosecution has an unqualified right to the appointment of counsel-was hardly startling. And while Gideon will obviously have an important effect in the handful of states that still fail to appoint counsel …

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The Administration’S Anti-Literacy Test Bill: Wholly Constitutional But Wholly Inadequate, William W. Van Alstyne Jan 1963

The Administration’S Anti-Literacy Test Bill: Wholly Constitutional But Wholly Inadequate, William W. Van Alstyne

Faculty Publications

This discussion of Senate Bill 2750 addresses Congress’s ability to extend voting rights without resorting to a constitutional amendment. This paper also examines the efficacy of such a law.

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Constitutional Limitations Upon The Territorial Reach Of Federal Process, Gerald Abraham Jan 1963

Constitutional Limitations Upon The Territorial Reach Of Federal Process, Gerald Abraham

Villanova Law Review (1956 - )

No abstract provided.

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Constitutional Law - Discrimination - Executive Speeches Banning Lunch Counter Sit-Ins Held To Be State Action In Violation Of The Fourteenth Amendment, John E. Good Jan 1963

Constitutional Law - Discrimination - Executive Speeches Banning Lunch Counter Sit-Ins Held To Be State Action In Violation Of The Fourteenth Amendment, John E. Good

Villanova Law Review (1956 - )

No abstract provided.

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Criminal Law--Double Jeopardy--Multiple Transgressions From A Single Act, Earl Moss Curry Jr. Dec 1962

Criminal Law--Double Jeopardy--Multiple Transgressions From A Single Act, Earl Moss Curry Jr.

West Virginia Law Review

No abstract provided.

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The Constitution And Contempt Of Court, Ronald Goldfarb Dec 1962

The Constitution And Contempt Of Court, Ronald Goldfarb

Michigan Law Review

Few legal devices find conflict within the lines of our Constitution with the ubiquity of the contempt power. These conflicts involve issues concerning the governmental power structure such as the separation of powers and the delicate balancing of federal-state relations. In addition, there are civil rights issues attributable to the conflict between the use of the contempt power and such vital procedural protections as the right to trial by jury, freedom from self-incrimination, double jeopardy, and indictment-to name only the most recurrent and controversial examples. Aside from these problems, there are other civil liberties issues, such as those involving freedom …

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Priority Paradoxes In Patent Law, Richard H. Stern Dec 1962

Priority Paradoxes In Patent Law, Richard H. Stern

Vanderbilt Law Review

The constitutional provision governing patents gives Congress the power to promote the progress of useful arts "by securing for limited Times to... Inventors the exclusive Right to their... Discoveries. "'Because an "exclusive right" suggests an exclusive grant, the Patent Office interference proceeding has been created for the purpose of determining administratively the question of priority of rights between two or more parties claiming substantially the same invention. This article attempts to state in terms of an informal axiomatic system the rules of law for determining priority of invention, and then examine that system to explore its possible paradoxes Finally, an …

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Territorial Courts And Law: Unifying Factors In The Development Of American Legal Institutions-Pt.1-Establishment Of A Standardized Judicial System, William Wirt Blume, Elizabeth Gaspar Brown Nov 1962

Territorial Courts And Law: Unifying Factors In The Development Of American Legal Institutions-Pt.1-Establishment Of A Standardized Judicial System, William Wirt Blume, Elizabeth Gaspar Brown

Michigan Law Review

The United States first became a sovereign nation when individual states of the Confederation ceded to the states collectively their several interests in the lands west of the Appalachians which lay east of the Mississippi, north of Spanish Florida, and south of the Great Lakes. This area had been relinquished by Great Britain by the Treaty of 1783 and, with the exception of Kentucky, now became the property of the United States. It was the first area over which the states as a group had complete sovereignty, subject only to the claims of the various Indian tribes. Colonies fresh from …

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Constitutional Law—Black Muslim Attempt To Gain Recognition Within The Prisons, Buffalo Law Review Board Oct 1962

Constitutional Law—Black Muslim Attempt To Gain Recognition Within The Prisons, Buffalo Law Review Board

Buffalo Law Review

Brown v. McGinnis, 10 N.Y.2d 531, 180 N.E.2d 791, 225 N.Y.S.2d 497 (1962).

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Constitutional Law—Emergency Rent Control Law Amendment Of 1962 Upheld As No Denial Of Due Process Or Equal Protection, Bernard B. Freedman Oct 1962

Constitutional Law—Emergency Rent Control Law Amendment Of 1962 Upheld As No Denial Of Due Process Or Equal Protection, Bernard B. Freedman

Buffalo Law Review

Bucho Holding Co. v. Temporary State Housing Rent Comm'n, 11 N.Y.2d 469, 184 N.E.2d 569, 230 N.Y.S.2d 977 (1962).

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The Arthur Garfield Hays Civil Liberties Conference: Public Aid To Parochial Schools And Standing To Bring Suit, Norman Dorsen Oct 1962

The Arthur Garfield Hays Civil Liberties Conference: Public Aid To Parochial Schools And Standing To Bring Suit, Norman Dorsen

Buffalo Law Review

No abstract provided.

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What's Wrong With Baker V. Carr?, Robert Lancaster Oct 1962

What's Wrong With Baker V. Carr?, Robert Lancaster

Vanderbilt Law Review

The decision of the majority of the Supreme Court in Baker v. Carr, the recently decided Tennessee Reapportionment Case, may well turn out to be one of the landmark decisions of American jurisprudence. If by reason of apathetic acquiescence such a judicial intrusion is permitted to go unchallenged and undebated, our federal system of limited and constitutional government may be further weakened. Although the balance of power as between the states and the national government has shifted and this shift has been reflected in and furthered by judicial interpretation of our Constitution, it seems questionable that such a far-reaching and …

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Appointment Of Counsel For Indigent Defendants, Reno S. Harp, Iii Sep 1962

Appointment Of Counsel For Indigent Defendants, Reno S. Harp, Iii

Washington and Lee Law Review

No abstract provided.

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Equal Access To Justice: The Challenge And The Opportunity, Orison S. Marden Sep 1962

Equal Access To Justice: The Challenge And The Opportunity, Orison S. Marden

Washington and Lee Law Review

No abstract provided.

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Congressional Repair Of The Erie Derailment, Leonard V. Quigley Jun 1962

Congressional Repair Of The Erie Derailment, Leonard V. Quigley

Michigan Law Review

It is the thesis of this article that such legislative review and repair is required today on the part of the federal legislature in regard to the diversity jurisdiction of the federal courts. Such reconsideration is particularly appropriate where, as in the analogous commerce clause area, the subject matter has been committed specifically to the Congress by the Constitution.

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The Constitutional Status Of The Indiana Sunday Closing Law Apr 1962

The Constitutional Status Of The Indiana Sunday Closing Law

Indiana Law Journal

No abstract provided.

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