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Constitutional Law

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The Constitution After Watergate, William F. Swindler Jul 1975

The Constitution After Watergate, William F. Swindler

Faculty Publications

No abstract provided.


Appellate Representation Of Indigents In Indiana, Richard L. Brown, Kenneth W. Dodge, Paula Gordon White Oct 1974

Appellate Representation Of Indigents In Indiana, Richard L. Brown, Kenneth W. Dodge, Paula Gordon White

Indiana Law Journal

No abstract provided.


The Constitutionality Of Employment Restrictions On Resident Aliens In The United States, Susan Bass Levin Oct 1974

The Constitutionality Of Employment Restrictions On Resident Aliens In The United States, Susan Bass Levin

Buffalo Law Review

No abstract provided.


Surviving Justice: Prisoners' Rights To Be Free From Physical Assault, Robert Plotkin Jan 1974

Surviving Justice: Prisoners' Rights To Be Free From Physical Assault, Robert Plotkin

Cleveland State Law Review

A sentence to prision invovles much more than simple incarceration and its attendant withdrawal of freedom of movement. Indeed, as recent developments indicate, a sentence to confinement in most penal institutions involves a life and death struggle to avoid at tacks, rapes, and brutality from fellow inmates as well as from correctional authorities. ... The National Advisory Commission on Criminal Justice Standards and Goals recognized the problem in recommending a comprehensive model standard which would require correctional officials, the only state authority "in a position to protect inmates, to take protective measures on the inmates' behalf, and to compensate those …


A Data Bank On Constitutional Rights, Ann Fagan Ginger Jan 1974

A Data Bank On Constitutional Rights, Ann Fagan Ginger

UC Law Constitutional Quarterly

No abstract provided.


Abortion: The Court Decides A Non-Case, Joseph O'Meara Jan 1974

Abortion: The Court Decides A Non-Case, Joseph O'Meara

Journal Articles

It took the Supreme Court 105 years to discover that the Fourteenth Amendment guarantees a personal right of privacy that invalidates state statutes forbidding abortion except to save the mother's life. As Mr. Justice Rehnquist pointed out, in a dissent that no member of the Court attempted to answer, at least thirty-six states had such anti-abortion statutes when the Fourteenth Amendment was adopted. None was attacked on the ground that they offended the newly adopted amendment. The only conclusion possible from this history is that the drafters did not intend to have the Fourteenth Amendment withdraw from the States the …


Constitutional Law—Creditor-Debtor Law: Procedural Due Process And Washington's Prejudgment Seizure Procedures—Fuentes V. Shevin, 407 U.S. 67 (1972), P. A. G. May 1973

Constitutional Law—Creditor-Debtor Law: Procedural Due Process And Washington's Prejudgment Seizure Procedures—Fuentes V. Shevin, 407 U.S. 67 (1972), P. A. G.

Washington Law Review

A recent United States Supreme Court decision, Fuentes v. Shevin, and two recent Washington Court of Appeals decisions, Lucas v. Stapp and Seattle Credit Bureau v. Hibbitt, held that except in extraordinary situations the due process clause of the fourteenth amendment to the United States Constitution requires notice and an opportunity to be heard before any significant property interest can be seized by actions involving government officials. Under these cases, Washington's attachment, garnishment, and replevin statutes appear to be unconstitutional insofar as they provide for prejudgment seizure of a defendant's property without prior notice and an opportunity to be heard. …


The Constitutionality Of State Residency Requirements For Admission To The Bar, Michigan Law Review Mar 1973

The Constitutionality Of State Residency Requirements For Admission To The Bar, Michigan Law Review

Michigan Law Review

There has been controversy in the lower federal courts concerning durational residency requirements and one recent state court challenge of a simple residency requirement. This Note will discuss the constitutional validity of these requirements in the face of equal protection attacks, concentrating on the extent to which such requirements are justified by the interests of state courts in maintaining the integrity of their legal systems.


Treatment Of Debtors, O. John Rogge Oct 1972

Treatment Of Debtors, O. John Rogge

Buffalo Law Review

No abstract provided.


Lawyers And Psychiatrists In The Court: Issues On Civil Commitment, Yorihiko Kumasaka, Raj K. Gupta Jan 1972

Lawyers And Psychiatrists In The Court: Issues On Civil Commitment, Yorihiko Kumasaka, Raj K. Gupta

Maryland Law Review

No abstract provided.


The Reality Of Procedural Due Process – A Study Of The Implementation Of Fair Hearing Requirements By The Welfare Caseworker, Robert E. Scott Jan 1972

The Reality Of Procedural Due Process – A Study Of The Implementation Of Fair Hearing Requirements By The Welfare Caseworker, Robert E. Scott

Faculty Scholarship

The constitutional mandates of procedural due process have been more sharply defined in recent years as a result of the decision of the Supreme Court in Goldberg v. Kelly. Although the full extent of the doctrine has not yet been delimited, the core proposition seems well established that in the absence of an overriding governmental interest, procedural -due process requires that an individual be accorded notice and a hearing prior to an administrative decision that would adversely affect his ability to subsist by contemporary standards. In applying this principle to the termination of public assistance payments, the Court in …


Criminal Procedure—Constitutional Right To Counsel In Parole Revocation Hearing, Clarence J. Sundram Apr 1971

Criminal Procedure—Constitutional Right To Counsel In Parole Revocation Hearing, Clarence J. Sundram

Buffalo Law Review

People ex rel. Menechino v. Warden, Greenhaven State Prison, 27 N.Y.2d 376, 267 N.E.2d 238, 318 N.Y.S.2d 449 (1971).


Due Process Of Law--Welfare Recipient's Right To Pre-Termination Hearing, Michael A. Albert Feb 1971

Due Process Of Law--Welfare Recipient's Right To Pre-Termination Hearing, Michael A. Albert

West Virginia Law Review

No abstract provided.


The Legal Controversy As It Relates To Correctional Institutions - A Prison Administrator's View, Joseph R. Brierley Jan 1971

The Legal Controversy As It Relates To Correctional Institutions - A Prison Administrator's View, Joseph R. Brierley

Villanova Law Review (1956 - )

No abstract provided.


The Constitutionality Of Restrictions On Poverty Law Firms: A New York Case Study., Michael Botein Jan 1971

The Constitutionality Of Restrictions On Poverty Law Firms: A New York Case Study., Michael Botein

Articles & Chapters

Government-funded poverty law firms are presently providing essential legal services to poor people throughout the country. These firms have met with varying responses from the bar and the courts. In this article, Professor Botein examines the response of New York's Appellate Division, First Department-a comprehensive set of regulations governing the practice of law by poverty law firms. After analyzing these regulations and the constitutional issues they raise, the author concludes that both procedurally and substantively there is strong doubt concerning their validity.


The Courts' Responsibility For Prison Reform, Edmund B. Spaeth Jr. Jan 1971

The Courts' Responsibility For Prison Reform, Edmund B. Spaeth Jr.

Villanova Law Review (1956 - )

No abstract provided.


Prisoners' Rights - A Prosecutor's View, James D. Crawford Jan 1971

Prisoners' Rights - A Prosecutor's View, James D. Crawford

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - Right To Counsel - Not Limited To An Attorney - United States V. Tarlowski, 305 F. Supp. 112 (E.D.N.Y. 1969), Robert B. Ingram Mar 1970

Constitutional Law - Right To Counsel - Not Limited To An Attorney - United States V. Tarlowski, 305 F. Supp. 112 (E.D.N.Y. 1969), Robert B. Ingram

William & Mary Law Review

No abstract provided.


O'Callahan And Its Progeny: A Survey Of Their Impact On The Jurisdiction Of Courts-Martial, John F. Depue Jan 1970

O'Callahan And Its Progeny: A Survey Of Their Impact On The Jurisdiction Of Courts-Martial, John F. Depue

Villanova Law Review (1956 - )

No abstract provided.


Assistance In Addition To Counsel For Indigent Defendants: The Need For, The Lack Of, The Right To, Dennis W. Alexander Jan 1970

Assistance In Addition To Counsel For Indigent Defendants: The Need For, The Lack Of, The Right To, Dennis W. Alexander

Villanova Law Review (1956 - )

No abstract provided.


Recent Developments, Various Editors Jan 1970

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


With Temperate Rod: Maintaining Academic Order In Secondary Schools, Arnold Taylor Jan 1970

With Temperate Rod: Maintaining Academic Order In Secondary Schools, Arnold Taylor

Kentucky Law Journal

No abstract provided.


Appointed Counsel For The Indigent Civil Defendant: A Constitutional Right Without A Judicial Remedy., Michael Botein Jan 1970

Appointed Counsel For The Indigent Civil Defendant: A Constitutional Right Without A Judicial Remedy., Michael Botein

Articles & Chapters

No abstract provided.


An Idigent's Right To An In Forma Pauperis Proceeding In Pennsylvania Divorce Litigation - Analysis And A Proposal, Richard W. Hoolstein, Michael R. Stiles Jan 1970

An Idigent's Right To An In Forma Pauperis Proceeding In Pennsylvania Divorce Litigation - Analysis And A Proposal, Richard W. Hoolstein, Michael R. Stiles

Villanova Law Review (1956 - )

No abstract provided.


Of Justice Delayed And Justice Denied: The Welfare Prior Hearing Cases, Robert M. O'Neil Jan 1970

Of Justice Delayed And Justice Denied: The Welfare Prior Hearing Cases, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.


Requiring Indigent Seeking Divorce To Pay Cost Of Service By Publication Held Denial Of Equal Access To Courts - Jeffreys V. Jeffreys Jan 1969

Requiring Indigent Seeking Divorce To Pay Cost Of Service By Publication Held Denial Of Equal Access To Courts - Jeffreys V. Jeffreys

Maryland Law Review

No abstract provided.


The Regulation And Administration Of The Welfare Hearing Process – The Need For Administrative Responsibility, Robert E. Scott Jan 1969

The Regulation And Administration Of The Welfare Hearing Process – The Need For Administrative Responsibility, Robert E. Scott

Faculty Scholarship

In recent years, the concept of public welfare has undergone substantial conceptual changes, the primary being a shift from the older concept of gratuity to one of statutory entitlement pursuant to the Social Security Act. This paper seeks to examine and analyze the administrative "fair hearing" as a means of effective regulation of administrative discretion and enforcement of the entitlement provisions of the federal act. Primary emphasis is placed on a comparative treatment of state hearing procedures and federal hearing regulations to determine whether the fair hearing is, at present, a viable means of insuring due process in welfare administration.


Constitutional Law--Group Legal Practice--Unauthorized Practice Of Law, John Reed Homburg Jun 1968

Constitutional Law--Group Legal Practice--Unauthorized Practice Of Law, John Reed Homburg

West Virginia Law Review

No abstract provided.


Constitutional Law--Electronic Eavesdropping And The Right To Privacy, John Charles Lobert Jun 1968

Constitutional Law--Electronic Eavesdropping And The Right To Privacy, John Charles Lobert

West Virginia Law Review

No abstract provided.


Constitutional Law - The Right Of A Labor Union To Provide Free Legal Counsel To Members - United Mine Workers V. Ill. State Bar Ass'n, 386 U.S. 941 (1967) May 1968

Constitutional Law - The Right Of A Labor Union To Provide Free Legal Counsel To Members - United Mine Workers V. Ill. State Bar Ass'n, 386 U.S. 941 (1967)

William & Mary Law Review

No abstract provided.