Digital Commons Network^™

The Dilemma Of The Professoriate, Matthew W. Finkin

Villanova Law Review (1956 - )

No abstract provided.

The First Amendment And Education - A Plea For Peaceful Coexistence, Dan L. Johnston

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - Charitable Tax Exemptions - Granting Of Tax Benefits To Discriminatory Fraternal Orders Is A Violation Of The Equal Protection Aspect Of The Fifth Amendment, Marc Howard Jaffe

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - Search And Seizure - Fourth Amendment Vagueness - Evidence Excluded When Obtained By Search Incident To Vagrancy Arrest Under Statute Previously Held Void For Vagueness, Allen C. Warshaw

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - Due Process - Equal Protection - Consent Agreement Prohibits State From Excluding Mentally Retarded Children From Public Education, Alfred J. D'Angelo Jr.

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - Freedom Of The Press - Newsmen's Privilege - Requiring Newsmen To Testify Before State Or Federal Grand Juries Held Not Violative Of First Amendment, Douglas Paul Coopersmith

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - Unanimous Jury Verdict - Sixth Amendment Right To Jury Trial Does Not Mandate Unanimous Verdict - Fourteenth Amendment Reasonable Doubt Standard And Due Process Requirements Satisfied Notwithstanding Lack Of Unanimity, Paul Crowley

Villanova Law Review (1956 - )

No abstract provided.

Policing The Executive Privilege, Keith Borman

University of Michigan Journal of Law Reform

In response to the increasing number of confrontations over the use of the executive privilege, Senator William Fulbright has placed before the Senate a bill designed to avoid the confusion that now exacerbates the tension between the legislative and executive branches of government. This relatively uncomplicated bill defines procedures for the assertion of the executive privilege and provides sanctions to be imposed when these procedures are abused or ignored. This note reviews the nature of the controversy between the two branches of government which has contributed to the introduction of the proposed legislation, and then proceeds to examine the provisions …

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Student Discipline In Public Schools Under The Constitution, William D. Valente

Villanova Law Review (1956 - )

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

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 …

Miranda Warnings And The Harmless Error Doctrine: Comments On The Indiana Approach, Michael W. Fruehwald

Indiana Law Journal

No abstract provided.

Constitutional Mandate Of Lex In Foro Loci Delicti, Maurice R. Franks

Cleveland State Law Review

It is the writer's hypothesis that a state is constitutionally required to apply its own law to a travel tort which has occurred within its territorial jurisdiction and which is sued upon in its courts. In other words, the interest analysis test - application of the law of the state having the strongest interest in a particular issue - may not be used in foro loci delicti (in the forum of the place of the tort).

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.

Constitutional Law—Eviction Of State’S Tenants Necessitates A Limited Hearing According To The State Action Doctrine Of The Fourteenth Amendment, Sammy Feldman

Buffalo Law Review

Fuller v. Urstadt, 28 N.Y.2d 315, 270 N.E.2d 321, 321 N.Y.S.2d 601 (1971).

Visitors' Refusal To Leave Premises, Joseph Gibson

Cleveland State Law Review

Many factors have been blamed for this new, brazen attitude of remaining on another's property. Some fault the Supreme Court's rulings in Brown v. Louisiana, where court conviction of sit-in demonstrators at a public library, was reversed by holding that the conviction was a violation of the fourteenth amendment rights, and Cox v. Louisiana' where the Court decided that a state statute which regulated picketing was improper because of the discretion which it gave to local officials. Others lay the blame on a more permissive society which is breeding contempt for the power structure. The most logical explanation is a …

Constitutional Law - Criminal Law - Confessions Need Not Be Proved Voluntary Beyond A Reasonable Doubt Prior To Being Admitted Into Evidence, Gerald F. Murray

Loyola University Chicago Law Journal

No abstract provided.

Constitutional Standards Applicable To Voter Registration Closing Dates, Jeffrey M. Petrash

University of Michigan Journal of Law Reform

Judicial pronouncements during the last decade on the relationship between the state, the voter, and the Federal Constitution have circumscribed the power states formerly enjoyed to impose restrictions on availability of the franchise. Nevertheless, all states but one maintain voter registration systems, one element of which is a closing date which cuts off registration at a stipulated point in time prior to election day. While in a statistical sense large scale de facto disfranchisement results from the use of closing dates, a distinct issue is presented as to whether this disfranchisement is of a type that is proscribed by the …

Cappellitti: Judicial Review In The Contemporary World, Paul G. Kauper

Michigan Law Review

A Review of Judicial Review in the Contemporary World by Mauro Cappellitti

The Constitutionality Of Candidate Filing Fees, Michigan Law Review

Michigan Law Review

Early in the twentieth century a "progressive impulse" captured the energies of this country's burgeoning urban middle class. Sickened by the corruption and scandals of the nineteenth century and fearful of the rising influx of European immigration, the so-called Progressives began working for political reform. The emphasis of this reform was primarily structural. Rather than by a remodeling of the citizenry, reform was to be achieved by "a careful and scientific adjustment of the machinery of government for the correction of prevalent evils." Progressives pushed such reforms as initiative, recall, referendum, and frequent elections in the belief that these measures …

American Civil Liberties And Constitutional Change, Donald P. Kommers

Journal Articles

This essay is an attempt to analyze, for the non-American reader especially, some of the factors that affect the condition of civil liberties in the United States. It deals mainly with the U.S. Supreme Court and its effort to define the limits of personal freedom within the framework of the American constitutional system. This effort has been a main preoccupation of the Supreme Court during the last two decades or so as the social conflicts besetting America have taken the form, as they usually do, of constitutional conflicts that the Court must eventually decide. Most of these questions have represented …

Editor's Forward

Maryland Law Review

No abstract provided.

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

Maryland Law Review

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY

A FEDERAL COURT Is NOT COMPELLED To ASSERT ITS ADMIRALTY JURISDICTION WHEN THE LITIGANTS HAVE INSUFFICIENT CONTACTS WITH THE UNITED STATES OR WHEN A GOOD FAITH CLAIM FOR EARNED WAGES IS NOT SUPPORTED BY THE EVIDENCE

SHIPOWNER GUILTY OF DERELECTION IN ITS NONDELEGABLE DUTY To FURNISH A SEAWORTHY VESSEL HELD NOT ENTITLED TO INDEMNIFICATION

INJUNCTION FOR THE REMOVAL OF A DAMAGED VESSEL CANNOT BE GRANTED IN A DIRECT ADMIRALTY PROCEEDING FOR THAT PURPOSE

SHIPOWNER'S LIABILITY FOR DAMAGE TO GOODS Is NOT LIMITED UNDER EITHER THE CARRIAGE OF GOODS BY SEA ACT OR THE FIRE STATUTE WHEN OWNER FAILED …

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 …

Extension Of The Sixth Amendment Right To Counsel- The Road From Wade To Ash

University of Richmond Law Review

The sixth amendment of The United States Constitution provides: "[I]n all criminal prosecutions, the accused shall enjoy the right . . . to have Assistance of Counsel for his defence." The constitutional guarantee of right to counsel is no more explicit than this, thus creating the problem of determining at what point in our adversarial criminal system the guarantee attaches.

Constitutional Law-Private Discrimination Remains Intact

University of Richmond Law Review

As a result of the decision of the Supreme Court in the Civil Rights Cases in 1883, the principle has become firmly embedded in our constitutional law that the action inhibited by the first section of the fourteenth amendment is only such action as may fairly be said to be that of the states. "The amendment erects no shield against merely private conduct, however discriminatory or wrongful." Thus private conduct, no matter how discriminatory, in no way violates the equal protection clause of the fourteenth amendment unless the state, to some significant extent, becomes involved in this conduct.

Constitutional Law-The Indigent Misdemeanant's Right To Counsel

University of Richmond Law Review

In accordance with the provisions of the federal and most state constitutions, a person accused of a crime has the right to be heard and to be assisted by counsel in his defense. However, not until 1932 was the right to counsel for indigent criminal defendants recognized by the Supreme Court of the United States, and the extent of this right has remained unclear for forty years.

Constitutional Law- Self-Incrimination- Information Obtained Through Mandatory Disclosure Statutes Held Subject To Fifth Amendment Protection

University of Richmond Law Review

The various agencies charged with the responsibility of administering the routine affairs of government have long relied on compulsory self-reporting of information by citizens to support both the regulatory and revenue generating functions of the governmental process. The conflict between such compelled self-disclosures and the individual's right to freedom from forced self-incrimination has been neither completely nor satisfactorily resolved, although several hypotheses have been advanced in an effort to furnish a solution. Since virtually every person must, at some time, file an income tax return, the mandatory disclosure provisions of tax laws present a clear example of the need for …