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A Constitutional Analysis Of The Prohibition Against Collateral Attack In The Mexican-American Prisoner Exchange Treaty, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Introduction: On November 25, 1976, the United States and Mexico concluded a bilateral treaty providing for reciprocal prisoner exchange, so that a national of one party to the agreement could complete his sentence in his home country.' The objectives of the agreement essentially were twofold: first, there was a need to ameliorate relations with Mexico on the delicate matter of the abuse of American citizens confined in Mexican prisons; second, there was a strong desire to alleviate special hardships, such as those respecting living conditions and prospects for rehabilitation, resulting from imprisonment in a foreign country. The Treaty was ratified …

Appendix: Revised Constitution Of The State Of Florida As Proposed By The Florida Constitution Revision Commission, May 11, 1978

Florida State University Law Review

No abstract provided.

Constitutional Law-Fair Warning Of Retroactive Law Is Sufficient Compliance With The Ex Post Facto Clause-Do B Bert V. Florida

BYU Law Review

No abstract provided.

Preventive Detention And Equal Protection Of The Law In Texas., Mark Stevens

St. Mary's Law Journal

Abstract Forthcoming.

First Amendment Ancillary Doctrines, David S. Bogen

Faculty Scholarship

No abstract provided.

United States Trust Co. V. New Jersey-State Promises And The Contract Clause: An Untimely Resurrection, Clifford D. Foster Jr.

Seattle University Law Review

This comment examines the impact of United States Trust on traditional contract clause doctrines and policies. After an initial discussion of the factual and legal background, a historical survey will show the decision employs a new approach to contract clause analysis. Next, this comment will analyze the Court's new approach, especially the Court's treatment of impairments when a state is a contractual party, its willingness to make policy judgments formerly left to legislative discretion, and the decision's probable effect on any future municipal debt crises. Finally, in accord with Justice Brennan's dissent in United States Trust, this comment will …

Pins Jurisdiction, The Vagueness Doctrine, And The Rule Of Law, All Katz, Lee E. Teitelbaum

Indiana Law Journal

No abstract provided.

Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney

West Virginia Law Review

No abstract provided.

Bivens And Its Progeny: The Scope Of A Constitutional Cause Of Action For Torts Committed By Government Officials, Michael P. Lehmann

UC Law Constitutional Quarterly

No abstract provided.

Establishment Clause Neutrality And The Reasonable Accomodation Requirement, David E. Wheeler

UC Law Constitutional Quarterly

No abstract provided.

The Censorship Of Violent Motion Pictures: A Constitutional Analysis, Mary B. Cook

Indiana Law Journal

No abstract provided.

Young V. American Mini Theatres, Inc.: Creating Levels Of Protected Speech, Cynthia D. Stevenin

UC Law Constitutional Quarterly

No abstract provided.

The Right Of Prisoner Access: Does Bounds Have Bounds?, Josephine R. Potuto

Indiana Law Journal

No abstract provided.

Toward The Preservation Of Personal Privacy: Chief Justice Wright's Opinions On Search And Seizure And The Right Of Privacy, Kenneth L. Jesmore

UC Law Constitutional Quarterly

No abstract provided.

Federalism And Federal Regulation Of Public Employers: The Implications Of National League Of Cities V. Usery, W. Harding Drane

Cleveland State Law Review

The purpose of this Note is to examine the limits of the federal commerce power when applied to the states as states, using as a focal point, the controversies which have arisen in the application of the Fair Labor Standards Act of 1938 (FLSA).

Federal Habeas Corpus After Stone V. Powell: A Remedy Only For The Arguably Innocent?, Sam Boyte

University of Richmond Law Review

State prisoners lost several grounds for seeking federal habeas corpus relief during the Supreme Court's 1975 term. In each case, the Court was prepared to admit, at least for the purposes of argument, that there were constitutional infirmities in the state criminal process which resulted in the confinement of the prisoner; nonetheless, the Court held that the prisoner would not be permitted to attack his conviction collaterally in federal court. Because the prisoner in Francis v. Henderson had not complied with a state procedural rule requiring such challenges to be brought before trial, the Supreme Court held that he could …

Constitutional-Criminal Law, J. Michael Walls

Mercer Law Review

The purpose of this article is to provide a discussion of the most interesting and noteworthy cases decided by the Fifth Circuit during 1975 in the area of constitutional criminal law. Although this circuit rendered approximately two hundred criminal opinions involving the constitutional protections guaranteed in the criminal process, relatively few cases dominated this field. Because of the importance of these cases, the author felt compelled to provide a fairly in depth treatment of several more significant decisions. However, in so doing every effort was made to avoid straying from the primary purpose of the article which is to survey …

The Civilly-Committed Public Mental Patient And The Right To Aftercare, Richard B. Saphire

Florida State University Law Review

No abstract provided.

Recent Cases, Walter S. Weems, Mary M. Schaffner, Ronald G. Harris

Vanderbilt Law Review

Constitutional Law-State and Local Tax-- Nondiscriminatory Ad Valorem Property Tax on Imports Stored in Warehouse Pending Sale Is Not Prohibited by Import-Export Clause

The framers of the Constitution enacted the import-export clause with the apparent intent that it remedy shortcomings of the Articles of Confederation and achieve specified national goals. Since the Articles of Confederation allowed individual states to regulate commerce as they saw fit, the seaboard stales, through whose ports goods in foreign commerce had to pass, were able to impose duties on imports destined for inland states. One reason for the import-export clause was to preserve harmony among …

State V. Ecker, 311 So. 2d 104 (Fla. 1975), Deborah Miller

Florida State University Law Review

Constitutional Law- VAGRANCY- FLORIDA'S LOITERING STATUTE UPHELD AS CONSTITUTIONAL WHEN CONSTRUED TO PROHIBIT LOITERING WHICH THREATENS PUBLIC SAFETY OR A BREACH OF THE PEACE.

North Georgia Finishing, Inc. V. Di-Chem, Inc., 419 U.S. 601 (1975), John Jefferson Rimes Iii

Florida State University Law Review

Constitutional Law- DUE PROCESS- GEORGIA PREJUDGMENT GARNISHMENT PROCEDURES INVALID.

Prospective Remedies In Constitutional Adjudication, Doug Rendleman

West Virginia Law Review

The archetypal constitutional plaintiff represents a class, sues in federal court, and asks the court to declare something unconstitutional and to effect a remedy against a local or state government official. If this litigant succeeds, the court must accommodate its remedy to federalism's perquisites. The remedy should advance some substantive or constitutional purpose. The mutual respect compelled by federalism exacerbates the inherent difficulties of attaining a successful remedy. This article examines the remedial relationships between class actions, declaratory judgments, and injunctions. The remedial task is to convert law into results. Most people comply with the law when it is communicated …

Prospective Remedies In Constitutional Adjudication, Doug Rendleman

Scholarly Articles

None available

Constitutional Limits On The Decisional Powers Of Courts And Administrative Agencies In Maryland, Edward A. Tomlinson

Maryland Law Review

No abstract provided.

Overcrowding In Prisons And Jails: Maryland Faces A Correctional Crisis

Maryland Law Review

No abstract provided.

Constitutional Law - Due Process - Prior To Voluntary Commitment By A Parent Or Guardian To A State Mental Institution, Children Under The Age Of 18 Are Entitled To Specific Procedural Due Process Rights Which Cannot Be Waived By The Committing Adult, Mark J. Levin

Villanova Law Review (1956 - )

No abstract provided.

Restoring The Balance: The Second Amendment Revisited, David I. Caplan

Fordham Urban Law Journal

In this article, the Second Amendment is analyzed through a discussion of the history of the right to private arms under English common law, the Second Amendment's legislative history and context, and the United States Supreme Court's decision in United States v. Miller. The articles argues that the private right of keeping arms plays a fundamental role in the constitutional system of checks and balances and that the Second Amendment supports the twin goals of individual and collective defense against violence and aggression. The article concludes that efforts to limit firearms possession to the organized militia undermines these twin goals …

Prospective Remedies In Constitutional Adjudication, Doug R. Rendleman

Faculty Publications

No abstract provided.

Constitutional Law, W. Tarver Rountree

Mercer Law Review

No abstract provided.

Preferential Remedies For Employment Discrimination, Harry T. Edwards, Barry L. Zaretsky

Michigan Law Review

A basic thesis of this article is that much of the current concern about alleged "reverse discrimination" in employment ignores the reality of the situation. In Part I it will be contended that although color blindness is a laudable long-run objective, it alone will not end discrimination; thus, it will be argued that some form of "color conscious" affirmative action must be employed in order to achieve equal employment opportunity for minorities and women. The most effective form of affirmative action is temporary preferential treatment, and it will be asserted in Part II that such relief can be justified under …