Digital Commons Network^™

Subpoenas To Criminal Defense Lawyers: Proposal For Limits, Ellen Y. Suni

Faculty Works

No abstract provided.

Education For Economic Security Act: The Secular Humanism Ban And Equal Access Act

Washington and Lee Law Review

No abstract provided.

Lowe V. Sec: Investment Advisors Act Of 1940 Clashes With First Amendment Guarantees Of Free Speech And Press, Stacy P. Thompson

University of Richmond Law Review

In the wake of mounting controversy over whether federal securities laws can withstand first amendment scrutiny, the United States Supreme Court granted certiorari in Lowe v. SEC to consider whether the first amendment prohibits an injunction against publication and distribution of an investment advisory newsletter by an unregistered investment advisor. However, the Court bypassed this constitutional question, and instead adopted a statutory construction of the Investment Advisers Act of 1940 (the "Act") that excluded Lowe's newsletters as "bonafide financial publications" of general circulation under section 80(b)- 2(a)(11)(D). The majority ruled that the petitioners were not investment advisers, and therefore did …

Attorney Advertising—Constitutional Right To Advertise In Print Media, Daniel L. Parker

University of Arkansas at Little Rock Law Review

No abstract provided.

Fighting For The Fourth "R", Neal Devins

Popular Media

No abstract provided.

Comment: Zauderer V. Office Of Disciplinary Counsel, Geoffrey R. Watson

Scholarly Articles

No abstract provided.

A Constitutional Right To An Appeal: Guarding Against Unacceptable Risks Of Erroneous Conviction, James E. Lobsenz

Seattle University Law Review

The many consequences of "constitutionalizing" the right to appeal become evident only when one answers certain underlying questions about the nature of an appeal. What are the essential elements of an appeal? Why should we view the criminal defendant's right to appeal as an element of due process of law? Part II of this Article seeks to develop a theoretical due process framework for use in deciding when the right to appeal under article I, section 22 of the Washington Constitution has been unconstitutionally abridged or denied. Part III contains an analysis of oral argument as an essential element of …

The Taking Issue In California's Legal Services Trust Account Program, Mary O'Byrne Sinibaldi

UC Law Constitutional Quarterly

No abstract provided.

Supreme Court Of New Hampshire V. Piper, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

City Of Cleburne, Texas V. Cleburne Living Center Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper

Michigan Law Review

The thrust of this Article is to attempt to ascertain just what differences the Court's judgments upholding individual constitutional rights have made for those who fall within the ambit of their protection. It seeks to address such questions as: What were the conditions that existed before the Court's ruling? How many people were subject to the regime that was invalidated by the Justices? Was the Court's mandate successfully implemented? What were the consequences for those affected? At a subjective level, were the repercussions perceived as salutary by those (or at least most of those) who were the beneficiaries of the …

The Judicial Development Of The Parent-Child Testimonial Privilege: Too Big For Its Britches?, Gregory W. Franklin

William & Mary Law Review

No abstract provided.

A Substantial Paradox: Attorney's Fees Under The Equal Access To Justice Act In Social Security Appeals, James R. Cromwell

University of Arkansas at Little Rock Law Review

No abstract provided.

Abortion, Politics, And The Courts: Roe V. Wade And Its Aftermath, Michigan Law Review

Michigan Law Review

A Review of Abortion, Politics, and the Courts: Roe v. Wade and Its Aftermath by Eva R. Rubin

The Fee Awards Act Of 1976: Examining The Foundation For Legislative Reform Of Attorney's Fees Shifting, 18 J. Marshall L. Rev. 77 (1984), Randall R. Rader

UIC Law Review

No abstract provided.

Attorney's Fees Under The Civil Rights Act - A Time For Change, 16 J. Marshall L. Rev. 261 (1983), Robert W. Fioretti, James J. Convery

UIC Law Review

No abstract provided.

Political Finance And The American Political Parties, David Adamany

UC Law Constitutional Quarterly

No abstract provided.

The Effective Assistance Of Counsel: Chance Or Guarantee?, Joanne Legano

Fordham Urban Law Journal

This Comment reviews the historical development of the right to effective assistance of counsel for criminal defendants as defined by the Supreme Court, and discusses the various standards applied by lower federal courts. This Comment next examines United States v. Decoster, which provides the most comprehensive judicial analysis of the right to effective assistance of counsel at this juncture in time. The standards applied by the New York State courts are also analyzed. Finally, the author recommends uniform guidelines for evaluating claims of ineffective assistance of counsel.

“Taking” A Constitutional Look At The State Bar Of Texas Proposal To Collect Interest On Attorney-Client Trust Accounts, Thomas E. Baker, Robert E. Wood Jr.

Faculty Publications

No abstract provided.

The Power Of State Legislatures To Subpoena Federal Officials, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

​Constitutional Law -- Indigent State Prisoners Must Be Provided With The Assistance Of Attorneys In Preparing And Filing Legal Papers, Jeffrey Wills Lewis

Florida State University Law Review

Constitutional Law-INDIGENT STATE PRISONERS MUST BE PROVIDED WITH THE ASSISTANCE OF ATTORNEYS IN PREPARING AND FILING LEGAL PAPERS.

United States V. Ross And The Container Cases -- Another Chapter In The Police Manual On Search And Seizure, Vincent G. Torpy, Jr.

Florida State University Law Review

No abstract provided.

Constitutional Law - Access To Private Property, Lawrence Mazer

Campbell Law Review

On January 7, 1946, the United States Supreme Court, according to Justice Reed, established as a principle "that one may remain on private property against the will of the owner and contrary to the law of the State so long as the only objection to his presence is that he is exercising an asserted right to spread there his religious views." Justice Reed and two other justices dissented to the Court's decision in Marsh v. Alabama which allowed a Jehovah's Witness access to the business block of a privately owned company town against the wishes of its owners, for purposes …

Policing The Head Shops: Are Bongs, Roach Clips, Syringes, And ... Prohibited Drug Paraphernalia?

Washington and Lee Law Review

No abstract provided.

Crisis In Legal Services For The Poor, Roger C. Cramton

Villanova Law Review (1956 - )

No abstract provided.

Survey Of The Literature: Commercial Speech And Commercial Speakers, Michael Feldman

Cardozo Law Review

No abstract provided.

Agenda: Federal Lands, Laws And Policies And The Development Of Natural Resources: A Short Course, University Of Colorado. School Of Law, University Of Colorado Boulder. Natural Resources Law Center

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

Even before the [Natural Resources Law] Center was established [in the fall of 1981], the [University of Colorado] School of Law was organizing annual natural resources law summer short courses. To date four programs have been presented:

- July 1980: "Federal Lands, Laws and Policies and the Development of Natural Resources"

- June 1981: "Water Resources Allocation: Laws and Emerging Issues"

- June 1982: "New Sources of Water for Energy Development and Growth: lnterbasin Transfers"

- June 1983: "Groundwater: Allocation, Development and Pollution"

(Reprinted from Resource Law Notes, no. 1, Jan. 1984, at 1.)

Instructors for this conference included University …

Student Representation Of Indigent Defendants And The Sixth Amendment: On A Collision Course, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

This article will review the parallel patterns of development of clinical education and the sixth amendment, highlighting areas in which the practices of the former either conflict, or contain the potential for conflict with the latter. An analysis will be made of the present legal status of law student representation of indigent criminal defendants, with reference primarily to constitutional and sixth amendment considerations, but also to such related matters as the confidentiality of student-client communications, law student professional responsibility, and the applicability to students of state bar disciplinary rules. Finally, guidelines will be proposed regarding the proper scope of student …

Davis V. Page, 442 F. Supp. 258 (S.D. Fla. 1977), K. Dian Fedak

Florida State University Law Review

Constitutional Law-JUVENILE DEPENDENCE PROCEEDINGS-CRITICAL STAGES ANALYSIS USED IN CRIMINAL PROCEEDINGS GOVERNS TIMING OF RIGHT TO COUNSEL IN CHILD DEPENDENCY HEARINGS

Civil Procedure - Quasi In Rem Jurisdiction - Assertion Of Quasi In Rem Jurisdiction Under Rule Of Seider V. Roth Held Violative Of Due Process Clause, Richard Goldstein

Villanova Law Review (1956 - )

No abstract provided.