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Search And Seizure Of Containers Found In Automobiles: The Supreme Court Struggles For A "Bright Line" Rule, James M. Mccauley

University of Richmond Law Review

Two recent decisions by the United States Supreme Court have added a new dimension to the law of search and seizure of automobiles and containers found within motor vehicles. The plurality opinion in Robbins v. California'held that a closed opaque container found in the luggage compartment of a station wagon during the course of a lawful vehicle search could not be seized without a warrant. However, in New York v. Belton, a majority held that a police officer, incident to a lawful custodial arrest of an occupant of an automobile, may search the passenger compartment of that automobile and examine …

Congress And The Supreme Court's Jurisdiction, Charles E. Rice

Journal Articles

When a ruling of the supreme court meets with Congressional disfavor there are several remedies available to Congress. If the decision is not on a constitutional level, a later statutory enactment will suffice to reverse or modify the ruling. If, however, the Court's decision is an interpretation of a constitutional mandate, such as the requirement of the fourteenth amendment that legislative districts be apportioned according to population, then a statute could not reverse the decision because the statute itself would be subject to that constitutional mandate as defined by the Court.

The obvious method of reversing a Supreme Court interpretation …

Section 1981 Liability For Racially Discriminatorysectarian Schools, A. Kirkland Molloy

Washington and Lee Law Review

No abstract provided.

Graham V. Estuary Properties, Inc., 399 So.2d 1374 (Fla. 1981), Anthony E. Diresta

Florida State University Law Review

Environmental Regulation/Constitutional Law-"TAKING" JURISPRUDENCE AND ITS APPLICATION TO REGULATIONS OF SENSITIVE ECOLOGICAL ENVIRONMENTS

Beyond Custody: Expanding Collateral Review Of State Convictions, Timothy C. Hester

University of Michigan Journal of Law Reform

This article advocates extension of collateral review to embrace all parties alleging deprivation of federally guaranteed rights in the state criminal process, regardless of whether the party fulfills the habeas corpus custody requirement. Part I assesses the sufficiency of Supreme Court certiorari jurisdiction to monitor adequately state adjudications of federal constitutional rights, coupled with an evaluation of the technical competency and institutional posture of state courts. Part II examines the significance of the custody limitation on collateral review, both as a substantive element of habeas corpus relief and as a mechanism for funnelling limited judicial resources. Part III presents two …

Aesthetic Regulation Under The Police Power: The New General Welfare And The Presumption Of Constitutionality, Beverly A. Rowlett

Vanderbilt Law Review

This Article will examine the existing methods of analysis employed by courts in reviewing primarily aesthetic regulations, as well as the way in which those methods have been affected by the courts' continually evolving interpretation of the concept of general welfare. The Article argues that in many cases in which regulations based solely or primarily on aesthetic considerations have been upheld, the essential constitutional inquiries have been misdirected. This is because "nonaesthetic" justifications are asserted that either are wholly derived from aesthetic benefits, or have no basis in fact--and need none because of the presumption of constitutionality. Because the more …

Village Of Schaumburg V. Citizens For A Better Environment, 444 U.S. 620 (1980), Janet Jacobowitz

Florida State University Law Review

Constitutional Law-FREEDOM OF SPEECH-ORDINANCE RESTRICTING SOLICITATION OF FUNDS BY CHARITIES RESTRICTS FREEDOM OF SPEECH

The Poorly Financed Causes Of Little People: How Can They Survive The Multitude Of Regulations, 14 J. Marshall L. Rev. 319 (1981), Robert Goldsmith

UIC Law Review

No abstract provided.

The Price-Anderson Act: A Constitutional Meltdown Of Tort Liability, Berndt Ingo Brauer

UC Law Constitutional Quarterly

No abstract provided.

American Influence On Israel's Jurisprudence Of Free Speech, Pnina Lahav

UC Law Constitutional Quarterly

No abstract provided.

Democracy And Distrust: A Theory Of Judicial Review, Michael Conant

Vanderbilt Law Review

This review is a critique of the major themes in Democracy and Distrust: A Theory of Judicial Review,' by Professor John Hart Ely of Harvard Law School. Ely primarily addresses the amount of discretion exercised by Supreme Court justices in deciding constitutional cases, a fundamental issue since few scholars today would contest the actual existence of the judicial review power of the Court. Ely's thorough scholarship presents a fine discussion of the Court's legitimacy when it extends its discretion beyond the base of the actual constitutional language. Professor Ely misses the mark, however, in his argument that certain open-ended constitutional …

Survey Of Developments In West Virginia Law: 1980

West Virginia Law Review

No abstract provided.

Legislative Delegations Of Power And Judicial Review -- Preventing Judicial Impotence, Robert W. Martin, Jr.

Florida State University Law Review

No abstract provided.

The Great Executive Hand Of Criminal Justice: The Crime Problem And The Activist Judge, Martin Lyon Levine

UC Law Constitutional Quarterly

No abstract provided.

Mackey V. Montrym - Due Process Limits On The Use Of Interest Balancing, 13 J. Marshall L. Rev. 441 (1980), Joyce E. Heinzerling

UIC Law Review

No abstract provided.

Nonpartisan Speech In The Police Department: The Aftermath Of Pickering, Kevin William Finck

UC Law Constitutional Quarterly

No abstract provided.

Public Figures And Malice: Recent Supreme Court Decisions Restricting The Constitutional Privilege, Ann M. Annase, Scott A. Milburn

University of Richmond Law Review

Historically, Americans have placed great importance on both their good name and their right to free speech. "As ingrained as both of these ideals are in the very fabric of our society, they sometimes run counter to each other." The Supreme Court has tried to balance these conflicting ideals in libel cases involving the first amendment's protection of freedom of the press. In the 1964 case of New York Times Co. v. Sullivan, the Court held that the first amendment's constitutional privilege extends to those publishing defamatory statements concerning official conduct, and that a plaintiff in such a case could …

Constitutional Law: Dubious Intrusions--Peynote, Drug Laws, And Religious Freedom, John T. Doyle

American Indian Law Review

No abstract provided.

The Pennsylvania Takeover Disclosure Law: A Statute Waiting To Be Invalidated, Ira P. Tiger

Villanova Law Review (1956 - )

No abstract provided.

City Of Mobile, Alabama V. Bolden, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

A Sense Of Proportion And A Sense Of Priorities: Reflections On The Report Of The Task Force On Canadian Unity, J. Stefan Dupré, Paul C. Weiler

Articles & Book Chapters

The elegantly written Report of the Task Force on Canadian Unity is the most recent product of our constitutional reform industry. In many respects it is the most impressive. It deserves attention if for no other reason than the make-up of the group which produced it. The Task Force was composed of both men and women, politicians and scholars, persons with experience in the business community and in the union movement, and representatives of each of our far-flung regions. Its co-chairmen, Jean-Luc Pepin and John Robarts, are two of the most experienced and respected public figures in Canada. The Commissioners …

Alternatives To The Right To Strike For Public Employees: Do They Adequately Implement Florida's Constitutional Right To Collectively Bargain?, Alaine S. Williams

Florida State University Law Review

No abstract provided.

Constitutional Issues In The Reclamation Of Orphaned Mined Lands Under The Surface Mining Control And Reclamation Act Of 1977, Betsy Clare Steinfeld

West Virginia Law Review

No abstract provided.

The Exclusionary Rule In Parole Revocation Hearings : Deterring Official Infringement Of Parolees' Fourth Amendment Rights, Billy Glenn Dupree Jr.

BYU Law Review

No abstract provided.

Raoul Berger's Fourteenth Amendment--Abuse By Contraction Vs. Abuse By Expansion, Wallace Mendelson

UC Law Constitutional Quarterly

No abstract provided.

The Era: The Task Ahead, Leo Kanowitz

UC Law Constitutional Quarterly

No abstract provided.

All Sail And No Anchor--Judicial Review Under The California Constitution, George Deukmejian, Clifford K. Thompson Jr.

UC Law Constitutional Quarterly

No abstract provided.

The Body Of John Merryman: Ex Parte Merryman, A Case Of Executive-Judicial Conflict Over The Suspension Of Habeas Corpus, Eric Paul Anderson

All Master's Theses

At the outbreak of the Civil War the Federal military arrested certain people whose loyalty was suspect. One victim, John Merryman, attempted to free himself by petitioning for a writ of habeas corpus. However, President Lincoln authorized the military to suspend the writ in such cases. The matter came before Chief Justice Taney who disputed the president's authority to suspend the writ and ruled in Merryman's favor. This thesis recounts the history of the habeas corpus process in Anglo-American law and its inclusion in the Constitution, Merryman's role in the first hostilities, his arrest, and the attempt to free him. …

Escape From Cruel And Unusual Punishment: A Theory Of Constitutional Necessity, Cynthia R. Farina

Cornell Law Faculty Publications

The inmate who escapes from a federal or state prison and seeks to introduce evidence of unconstitutionally cruel and unusual confinement conditions to defend her action is barred by the well-established rule that prison conditions alone, no matter how intolerable or inhumane, neither justify nor excuse escape. If she attempts to use the defense of necessity—a limited exception to this rule—the prisoner will be required to show that a specific, imminent threat of death or serious injury prompt her escape. Evidence of prolonged or repeated deprivation and mistreatment sufficient to prove a violation of the eighth amendment may not be …

New York City Transit Authority V. Beazer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.