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Constitutional Law

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South Dakota V. Opperman, Lewis F. Powell Jr. Oct 1975

South Dakota V. Opperman, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


The Future Of Cable Communications And The Fairness Doctrine, Tom A. Collins Jul 1975

The Future Of Cable Communications And The Fairness Doctrine, Tom A. Collins

Faculty Publications

No abstract provided.


Constitutional Law—Zoning For Single-"Family" Dwellings Is Not Denial Of Equal Protection To Unrelated Persons—Village Of Belle Terre V. Boraas, 416 U.S. 1 (1974), Albert G. Marquis Feb 1975

Constitutional Law—Zoning For Single-"Family" Dwellings Is Not Denial Of Equal Protection To Unrelated Persons—Village Of Belle Terre V. Boraas, 416 U.S. 1 (1974), Albert G. Marquis

Washington Law Review

Six unrelated persons resided in a single dwelling in Belle Terre, New York, in violation of the Village's zoning ordinance. The village is zoned exclusively for one-family dwellings; "family" is defined by the ordinance as: One or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit [or] a number of persons but not exceeding two (2) living and cooking together as a single housekeeping unit though not related by blood, adoption, or marriage shall be deemed to constitute a family. The lessors of the residence were served with notice that failure of …


Expanding Defendant's Discovery: The Jencks Act At Pretrial Hearings, David B. Olney Jan 1975

Expanding Defendant's Discovery: The Jencks Act At Pretrial Hearings, David B. Olney

Buffalo Law Review

No abstract provided.


Class Struggle In The Suburbs: Exclusionary Zoning Against The Poor, Michael M. Burns Jan 1975

Class Struggle In The Suburbs: Exclusionary Zoning Against The Poor, Michael M. Burns

UC Law Constitutional Quarterly

No abstract provided.


Border Searches Revisited: The Constitutional Propriety Of Fixed And Temporary Checkpoint Searches, Ken Keller Jan 1975

Border Searches Revisited: The Constitutional Propriety Of Fixed And Temporary Checkpoint Searches, Ken Keller

UC Law Constitutional Quarterly

No abstract provided.


The Constitutional Framework And The Current Political Crisis In India, Ved P. Nanda Jan 1975

The Constitutional Framework And The Current Political Crisis In India, Ved P. Nanda

UC Law Constitutional Quarterly

No abstract provided.


New Approaches To The Civil Disabilities Of Ex-Offenders, Walter W. May, Larry F. Sword Jan 1975

New Approaches To The Civil Disabilities Of Ex-Offenders, Walter W. May, Larry F. Sword

Kentucky Law Journal

No abstract provided.


Constitutional Common Law, Henry Paul Monaghan Jan 1975

Constitutional Common Law, Henry Paul Monaghan

Faculty Scholarship

Mr. Justice Powell has publicly characterized the 1974 Term of the Supreme. Court as a "dull" one. Whatever the accuracy of that description, the 1974 Term was, in the public eye, a quiet one. When, late in the Term, the Court ordered the death penalty case held over for reargument, it ensured that the 1974 Term would generate few front-page testimonials to the supreme authority of the Supreme Court. But neither a dull nor a quiet Term can obscure the current reality that the Court's claim to be the "ultimate interpreter of the Constitution" appears to command more nearly universal …


Village Of Belle Terre V. Boraas, 94 S. Ct. 1536 (1974), Florida State University Law Review Oct 1974

Village Of Belle Terre V. Boraas, 94 S. Ct. 1536 (1974), Florida State University Law Review

Florida State University Law Review

Constitutional Law- FOURTEENTH AMENDMENT- MUNICIPALITY ZONED EXCLUSIVELY FOR SINGLE-FAMILY DWELLINGS PROMOTES VALID COMMUNITY OBJECTIVES AND DOES NOT INTERFERE WITH RIGHT TO TRAVEL.


Mandatory Development Rights Transfer And The Taking Clause: The Case Of Manhattan's Tudor City Parks, Norman Marcus Oct 1974

Mandatory Development Rights Transfer And The Taking Clause: The Case Of Manhattan's Tudor City Parks, Norman Marcus

Buffalo Law Review

No abstract provided.


The Reconciliation Of Land Use Laws And The Right To Travel: Toward A Realistic Standard Of Judicial Review Sep 1974

The Reconciliation Of Land Use Laws And The Right To Travel: Toward A Realistic Standard Of Judicial Review

Washington and Lee Law Review

No abstract provided.


"Don't Bother To Smile When You Call Me That"--Fighting Words And The First Amendment, Thomas F. Shea Jan 1974

"Don't Bother To Smile When You Call Me That"--Fighting Words And The First Amendment, Thomas F. Shea

Kentucky Law Journal

No abstract provided.


New Looks At An Ancient Writ: Habeas Corpus Reexamined, Andrew P. Miller, Robert E. Shepherd Jr. Jan 1974

New Looks At An Ancient Writ: Habeas Corpus Reexamined, Andrew P. Miller, Robert E. Shepherd Jr.

University of Richmond Law Review

The traditional characterization of the writ of habeas corpus as an original ... civil remedy for the enforcement of the right to personal liberty, rather than as a stage of the state criminal proceedings or as an appeal therefrom . . . cannot be permitted to defeat the manifest federal policy that federal constitutional rights of personal liberty shall not be denied without the fullest opportunity for plenary federal judicial review.


Is The Exclusionary Rule In Failing Health? Some New Data And A Plea Against A Precipitous Conclusion, Bradley C. Canon Jan 1974

Is The Exclusionary Rule In Failing Health? Some New Data And A Plea Against A Precipitous Conclusion, Bradley C. Canon

Kentucky Law Journal

No abstract provided.


Subdivision Exactions: The Constitutional Issues, The Judicial Response, And The Pennsylvania Situation, Michael G. Trachtman Jan 1974

Subdivision Exactions: The Constitutional Issues, The Judicial Response, And The Pennsylvania Situation, Michael G. Trachtman

Villanova Law Review (1956 - )

No abstract provided.


In Quest Of A "Decent Society": Obscenity And The Burger Court, Donald C. Harrison Nov 1973

In Quest Of A "Decent Society": Obscenity And The Burger Court, Donald C. Harrison

Washington Law Review

It is the thesis of this Comment that the Burger Court, in its search for constitutional certainty and structure, and for neutral principles of constitutional adjudication, has seized upon the Meiklejohn model and applied it to the area of obscenity. It has done so gropingly and in an effort to restrict, not to expand, openness of expression; nevertheless, as a repository of constructive constitutional theory, Miller and its companion cases may prove more beneficial to future first amendment adjudication than all the confusing obscenity decisions of the Warren years.


Married Woman's Right To Her Maiden Name: The Possibilities For Change, Linda J. Mead Oct 1973

Married Woman's Right To Her Maiden Name: The Possibilities For Change, Linda J. Mead

Buffalo Law Review

No abstract provided.


A State-Operated Law School May Grant Special Consideration To Minority Applicants In Selection Of Students., Charles J. Fitzpatrick Jun 1973

A State-Operated Law School May Grant Special Consideration To Minority Applicants In Selection Of Students., Charles J. Fitzpatrick

St. Mary's Law Journal

Abstract Forthcoming.


The Supreme Court, Compulsory Education, And The First Amendment's Religion Clauses, Philip B. Kurland Apr 1973

The Supreme Court, Compulsory Education, And The First Amendment's Religion Clauses, Philip B. Kurland

West Virginia Law Review

No abstract provided.


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.


Constitutional Law - 1968 Anti-Riot Statute Up-Held In United States V. Dellinger, John M. Stalmack Jan 1973

Constitutional Law - 1968 Anti-Riot Statute Up-Held In United States V. Dellinger, John M. Stalmack

Loyola University Chicago Law Journal

No abstract provided.


Constitutional Law - Free Exercise Clause Prohibits Compulsory Education Of Amish Children, Edward J. Walsh Jr. Jan 1973

Constitutional Law - Free Exercise Clause Prohibits Compulsory Education Of Amish Children, Edward J. Walsh Jr.

Loyola University Chicago Law Journal

No abstract provided.


Furman V. Georgia: A Postmortem On The Death Penalty, Nicholas Scafidi Jan 1973

Furman V. Georgia: A Postmortem On The Death Penalty, Nicholas Scafidi

Villanova Law Review (1956 - )

No abstract provided.


The Property Tax, Governmental Services, And Equal Protection: A Rational Analysis, Thomas Allen Moon, William D. Moon Jan 1973

The Property Tax, Governmental Services, And Equal Protection: A Rational Analysis, Thomas Allen Moon, William D. Moon

Villanova Law Review (1956 - )

No abstract provided.


Constiutional Law - Balancing Test Employed To Resolve Conflict Between State Statute And Resulting Burden On Free Exercise Of Religion - State Interest In Compelling Compulsory High School Attendance Outweighed By Resulting Burden On Free Exercise Of Amish Religion, Michael G. Trachtman Jan 1973

Constiutional Law - Balancing Test Employed To Resolve Conflict Between State Statute And Resulting Burden On Free Exercise Of Religion - State Interest In Compelling Compulsory High School Attendance Outweighed By Resulting Burden On Free Exercise Of Amish Religion, Michael G. Trachtman

Villanova Law Review (1956 - )

No abstract provided.


A Critical Guide To Ex Parte Mccardle, William W. Van Alstyne Jan 1973

A Critical Guide To Ex Parte Mccardle, William W. Van Alstyne

Faculty Publications

Given the growing trend of proposed Congressional bills seeking to remove certain types of cases from the Supreme Court's appellate jurisdiction, this examination looks back on Ex Parte McCardle, the quintessential case that defined the limits of the Exceptions Clause.


Constitutional Law--Martial Law--Preserving Order In The State: A Traditional Reappraisal, James E. Roark Dec 1972

Constitutional Law--Martial Law--Preserving Order In The State: A Traditional Reappraisal, James E. Roark

West Virginia Law Review

No abstract provided.


Immunity From Prosecution And The Fifth Amendment: An Analysis Of Constitutional Standards, R. Anthony Orsbon Nov 1972

Immunity From Prosecution And The Fifth Amendment: An Analysis Of Constitutional Standards, R. Anthony Orsbon

Vanderbilt Law Review

Transactional immunity, on one hand, affords a witness absolute immunity from prosecution for the offense to which the testimony relates, but testimonial immunity, on the other hand, provides protection only from the use of the testimony itself or any evidence derived' directly or indirectly from it--use and fruits immunity. Until the Supreme Court's recent decision in United States v. Kastigar, conflict over the immunity concept was best manifested by the attempts to formulate an appropriate characterization of the relationship between Counselman v. Hitchcock, which represents the transactional immunity approach, and Murphy v. Waterfront Commissioner of New York Harbor, representing a …


Gagnon V. Scarpelli, Lewis F. Powell Jr. Oct 1972

Gagnon V. Scarpelli, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.