Digital Commons Network^™

Criminal Law—Court Orders Broad Relief To Inmates Throughout The Virginia Penal System Where Constitutional Rights Have Been Violated., Arthur H. Ackerhalt

Buffalo Law Review

Landman v. Royster, 333 F. Supp. 621 (E.D. Va. 1971).

Executive Orders And The Development Of Presidential Power, William Hebe

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law-Utility Shutoffs-A Violation Of Due Process Under Color Of State Law?

University of Richmond Law Review

Past judicial decisions concerning the right of a private utility to terminate-service for nonpayment of bills have consistently favored the utility. Yet victims of shutoffs, whether poor or merely outraged and inconvenienced, continue to attack shutoff actions through the regulatory commissions, legislation, and the courts. Their efforts have met with failure in all forums.

Constitutional Law-Loyalty Oaths-The United States Supreme Court Relaxes Its Stringent Safeguards

University of Richmond Law Review

Loyalty oaths have long been imposed upon citizens of both monarchies and republics as conditions precedent to the granting of certain governmental favors or to the withholding of certain punishments. But whether the oath is taken to gain a benefit or to avoid a criminal sanction, the aftermath of refusing to take a loyalty oath is that the citizen is penalized. This is not to suggest that a loyalty oath is dangerous per se, although some Justices of the United States Supreme Court have taken this view., Certainly a governmental body should not be denied the power to protect itself …

Constitutional Law—A Driver Involved In An Accident Resulting In Property Damage Can Be Required By Statute To Stop And Identify Himself To The Other Driver, Barry Bassis

Buffalo Law Review

California v. Byers, 402 U.S. 424 (1971).

Mr. Justice Brennan And The Condition Of Unconstitutional Conditions, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

Legislative Purpose, Rationality, And Equal Protection, Robert F. Nagel

Publications

No abstract provided.

Constitutional Law--Motor Vehicle Safety Responsibility Statutes--Necessity For A Hearing On Liability, Stephen R. Crislip

West Virginia Law Review

No abstract provided.

Student's Constitutional Rights And The University Disciplinary Committee, Diego L. Villarreal

North Carolina Central Law Review

No abstract provided.

Constitutional Law - Clear And Present Danger Test Applied To Overbroad Unlawful Assembly Statute. Owens V. Commonwealth, 211 Va. 633, 179 S.E.2d 477 (1971), Michael A. Inman

William & Mary Law Review

No abstract provided.

Border Searches: An Exception To Probable Cause., Ronald R. Winfrey

St. Mary's Law Journal

Abstract Forthcoming.

Constitutional Law--The Indigent Defendant Moves One Step Closer To Equality, John W. Oakley

Kentucky Law Journal

No abstract provided.

New Horizons For A State Bill Of Rights, Arval A. Morris

Washington Law Review

Professor Morris, examines the current scope of the Washington State Constitution, originally designed for a frontier people in a railroad economy, and deficient in a number of elements critical to the Washington society of today and 100 years hence. With particular emphasis on what new rights must be set forth in textual guarantees, the author examines the problems and implications of a menagerie of changed circumstances and contemporary social ills, including racial integration, invasions of privacy by public and private modes of surveillance, the deterioration of the life and structures of our cities, the threat of administrative abuses in the …

Equal Protection Against Unnecessary Police Violence And The Original Understanding Of The Fourteenth Amendment: A Comment, Alfred Avins

Buffalo Law Review

No abstract provided.

Federal Courts--Juries--Exclusion Of Women, C. Michael Buxton

Kentucky Law Journal

No abstract provided.

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

Kentucky Law Journal

No abstract provided.

Constitutional Law--The Power Of A Governor To Proclaim Martial Law And Use State Military Forces To Suppress Campus Demonstrations, Scott T. Wendelsdorf

Kentucky Law Journal

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Bar Admissions-The Character Investigation as an Unconstitutional Scheme to Promote Conformity: Comment on "LSCRRC v. Wadmond"

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Civil Rights--Desegregation--HEW is Required to Make a Program-by-Program Finding of Discrimination in Order to Terminate Federal Funds Under Title VI of the Civil Rights Act of 1964

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Constitutional Law--Civil Rights-Section 1985(3) Does Not Reach Private Conspiracies

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Constitutional Law--Criminal Procedure--Sixth Amendment Does Not Require Right to Counsel for In-Custody Suspects at Photographic Identifications

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Constitutional Law--Equal Protection--States May Not Require More Than a Simple Majority to Authorize Local Bond Issues and Tax Levies Through Popular Election

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Constitutional Law--Reapportionment--Multi-Member Districts Which Minimize …

Constitutional Law--Freedom Of Expression--Symbolic Free Speech, Nestor L. Olesnyckyj

Kentucky Law Journal

No abstract provided.

Constitutional Law--Police Power--Michigan Statute Requiring Motorcyclists To Wear Protective Helmets Held Unconstitutional, Michigan Law Review

Michigan Law Review

The effects of the helmet decisions on the law in general may be substantial. On the one hand, if a helmet statute is held constitutional, inroads could be made upon personal liberty; the legislature might rely on similar strained and unproved relationships to the general welfare in order to justify regulations impinging upon other areas of individual conduct. On the other hand, to hold such a statute unconstitutional may require the judiciary to interfere unreasonably with the legislature's conception of public welfare. In light of these considerations, courts dealing with challenges to such regulations in the future should pay closer …

For A Swifter Criminal Appealto Protect The Public As Well As The Accused, Albert V. Bryan

Washington and Lee Law Review

No abstract provided.

Constitutional Law Teaching: Problems And Perspectives, Paul G. Kauper

Journal of Legal Education

No abstract provided.

The Japanese Constitutional Style, John M. Maki

Washington Law Review

This examination of Japan's constitutional style is based on the manner in which the following factors have contributed to its development or have become elements of it: past constitutional history, the broad reaction against militarism and authoritarianism, basic constitutional principles, the renunciation of war, the electoral system, the structure of government, the relationship between the government and the people, education and the mass media, the intellectuals, changing social relations, popular controversy and the issue of revision. The conclusion will be that the 1947 Constitution has been firmly woven into the general institutional framework of Japanese society and will endure. Even …

Judicial Review Of Administrative Actions In Japan, Ichiro Ogawa

Washington Law Review

The reform of administrative litigation under the new Constitution involves a shift from an "administrative state" to a "judicial state." This does not mean, however, that the system of administrative litigation is now the same as the system in the Anglo-American "judicial state." The distinction between public and private law is still maintained in Japan, and "administrative acts" (Gyosei-koi) are regulated by principles of public law quite different from rules applicable to private persons.

The Public Welfare Standard And Freedom Of Expression In Japan, Lawrence W. Beer

Washington Law Review

This article analyzes the constitutional right of free expression, exercised by political demonstrations, in the political context of contemporary Japan, where consensus among political parties on the constitutional framework itself is lacking. The Japanese people possess an unusually strong sense of cultural unity, and strong emphasis is placed on harmony and consensus in social relations. On the other hand, the excesses and strident tone of many mass demonstrations strikingly illustrate the absence of consensus between groups and the pervasive tendency toward "groupism" which distinguish the Japanese from the American political setting. Although the sociopolitical tensions may have become great in …

A Constitutional Dilemma For Loitering Statutes?, Anon

Washington Law Review

Defendant was stopped on a public sidewalk by a police officer and asked to identify himself and account for his presence. He refused to comply with this request, and was arrested and charged with disorderly conduct. On appeal to the California District Court of Appeals, the lower court's dismissal was reversed. Held: One who loiters or wanders upon the streets or from place to place without apparent reason or business has no constitutional right to remain silent when the surrounding circumstances are such as to indicate to a peace officer as a reasonable man that the public safety demands that …

A Constitutional Dilemma For Loitering Statutes?, Anon

Washington Law Review

Defendant was stopped on a public sidewalk by a police officer and asked to identify himself and account for his presence. He refused to comply with this request, and was arrested and charged with disorderly conduct. On appeal to the California District Court of Appeals, the lower court's dismissal was reversed. Held: One who loiters or wanders upon the streets or from place to place without apparent reason or business has no constitutional right to remain silent when the surrounding circumstances are such as to indicate to a peace officer as a reasonable man that the public safety demands that …

The Original Purpose And Present Utility Of The Ninth Amendment, Wilfred J. Ritz

Washington and Lee Law Review

No abstract provided.

The Effect Of The First Amendment On Federal Control Of Draft Protests, Frederick C. Moss

Villanova Law Review (1956 - )

No abstract provided.

Marijuana And The Law: The Constitutional Challenges To Marijuana Laws In Light Of The Social Aspects Of Marijuana Use, Mark S. Dichter

Villanova Law Review (1956 - )

No abstract provided.