Digital Commons Network^™

Recent Decisions, Arthur R. Louv, Mark R. Von Sternberg, Jesse W. Hill, Glen T. Oxton

Vanderbilt Journal of Transnational Law

ADMIRALTY--DAMAGES--AWARD ALLOWED FOR EMOTIONAL DISTRESS OF SURVIVING SPOUSES AND CHILDREN, OR PARENTS, UNDER GENERAL MARITIME LAW

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ANTITRUST--EXTRATERRITORIAL JURISDICTION--EFFORTS TO SECURE ACTION BY A FOREIGN STATE CONDUCIVE TO MONOPOLIZATION NOT PRIVILEGED; ACT OF STATE DOCTRINE BARS ANTITRUST CLAIM ARISING FROM ACTS OF A FOREIGN SOVEREIGN ALLEGEDLY INDUCED BY DEFENDANT

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CONSTITUTIONAL LAW--CITIZENSHIP--FIVE YEAR STATUTORY RESIDENCE REQUIREMENT AS A CONDITION SUBSEQUENT TO RETENTION OF CITIZENSHIP BY PERSONS BORN ABROAD NOT VIOLATIVE OF FIFTH AMENDMENT DUE PROCESS

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PRIVATE INTERNATIONAL LAW--SOVEREIGN IMMUNITY--EXECUTIVE SUGGESTION BINDING ON COURTS DESPITE CONTRACTUAL WAIVER OF IMMUNITY

Freedom Of Religion- "There Is No Constitutional Right To Choose To Die

University of Richmond Law Review

The practice of one's religious beliefs has generally been freely allowed in the United States so long as it does not infringe upon the constitutionally protected rights of others. However, in the recent case of John F. Kennedy Memorial Hospital v. Heston, the New Jersey Supreme Court seemingly has modified this principle by justifying the restraint of an individual in the practice of his religious beliefs, not to preserve the constitutional rights of others, but to protect that individual from himself.

Equal Protection- School Financing System Based On Local Property Taxes Held Unconstitutional

University of Richmond Law Review

The fourteenth amendment of the United States Constitution allows unequal protection of the laws, provided such unequal treatment and discrimination bear some rational relationship to a conceivably legitimate state objective. This "rational relationship" test allows the states wide latitude and discretion in enacting legislation. However, where any state statute involves so-called "suspect classifications" or "fundamental interests," the statute will be subjected to a strict scrutiny test, under which the state must establish that there is not only a compelling state interest which justifies the law but also that the distinctions drawn in the statute are necessary to further such interests.

Search And Seizure- The Inventory Search Of An Automobile

University of Richmond Law Review

The fourth amendment to the United States Constitution protects the right of an individual to be free in his person and effects from unreasonable search and seizure. The drafters of the provision had fresh memories of the disregard for their individual liberties and sought to place definite restrictions on the activity of government officials. Their fear of the general warrant prompted them to further provide that any warrant be issued only upon probable cause determined by a magistrate and limited in scope. The interpretation of the mandate of the amendment has been that all searches conducted without a warrant issued …

Constitutional Law-Rights Of An Untenured Teacher To Procedural Due Process

University of Richmond Law Review

In the last decade, the federal courts, led by the Supreme Court, have emphasized the equal protection clause of the fourteenth amendment as a basis for an employee's right to procedural due process prior to dismissal from public employment. The Supreme Court has declared that any governmental action to deprive a person of an interest, even a privilege-type interest, is arbitrary and capricious if not applied with universal evenhandedness This holding would seem to entitle almost any teacher summarily dismissed to procedural due process.

Constitutional Law - Search And Seizure - Magnetometer As Search

University of Richmond Law Review

As a result of the great number of airborne hijackings and in an attempt to prevent them, the United States Government has developed a "system for discouraging and apprehending potential hijackers" that includes the use of a metal detecting device known as a magnetometer. The constitutional validity of the use of this device recently has been questioned in regard to the fourth amendment right against unreasonable searches and seizures in the case of Epperson v. United States.

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.

The Specific Theory Of Academic Freedom And The General Issue Of Civil Liberty, William W. Van Alstyne

Faculty Publications

Academic freedom has been blurred in law and in popular usage. Its clarification should enable the Supreme Court to grant it explicit protection under the Constitution as an identifiable subset of First Amendment freedoms. Its identification with the professional endeavors of faculty members, moreover, should reduce the tendency of institutions to intrude upon the aprofessional personal liberties of the faculty even while adequately protecting the extramural professional pursuits of the faculty and assuring them of equal protection in their interests as private citizens. Adjustments of standards by the American Association of University Professors, more definitely distinguishing the special accountability of …

Congress, The President, And The Power To Declare War: A Requiem For Vietnam, William W. Van Alstyne

Faculty Publications

Several arguments have been advanced in support of the President's authority to continue use of the Armed Forces in Vietnam without a congressional declaration of war as provided by the Constitution. Congressional ratification of the Southeast Asia Treaty and the Charter of the United Nations, as well as enactment of the Gulf of Tonkin Resolution, are often urged as constituting sufficient congressional authorization for the President's actions. Some have gone further and contended that congressional authorization was not a prerequisite in the Vietnam conflict because the President never exceeded his historically recognized authority to act unilaterally in defense of the …

Branzburg V. Hayes: A Need For Statutory Protection Of News Sources, Richard E. Anderson

Kentucky Law Journal

No abstract provided.

The New Confrontation—Hearsay Dilemma, Frank T. Read

Faculty Scholarship

No abstract provided.

Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski

Faculty Scholarship

IN 1946 JUSTICE HUGO BLACK DECLARED that one of the objects of the fourteenth amendment was to apply the Bill of Rights to the States. He was confident that an analysis of the intent of the framers of the amendment would support his assertion. A few years later the Supreme Court requested such an investigation, but when the analysis was made and the results presented to it, the Supreme Court concluded that the framers' intent could not be determined. The uncertainty surrounding the intent of the framers of the fourteenth amendment has had profound implications on the application of that …

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

Publications

No abstract provided.

Constitutional Law: Double Jeopardy - New Approach To The "Manifest Necessity Rule", Ronald C. Brown

Faculty Publications

No abstract provided.

The Development Of Family-Law In The Federal Republic Of Germany During The Last Decades, Facts, And Opinions, Hans Leo Meyers

Jurnal Hukum & Pembangunan

No abstract provided.

Peradilan Agama Di Indonesia Di Masa Jang Akan Datang, Muhammad Tahir Azhari

Jurnal Hukum & Pembangunan

No abstract provided.

The Duty Of The State Is To Act At Once To Eliminate By Positive Means All Vestiges Of The Dual School Structure And To Compensate For The Abiding Scars Of Past Discrimination., David B. Lobingier

St. Mary's Law Journal

Abstract Forthcoming.

A Public School Financing System Which Relies Heavily On Local Property Taxes And Causes Substantial Disparities Among Individual School Districts In The Amount Of Revenue Available Per Pupil For The District's Educational Grants Invidiously Discriminates Against The Poor And Violates The Equal Protection Clause Of The Fourteenth Amendment., Lawrence J. Blume

St. Mary's Law Journal

Abstract Forthcoming.

When A Specific Governmental Function Is Carried Out By Heavily Subsidized Private Firms Or Individuals Whose Freedom Of Decision-Making Has, By Contract And The Reserved Governmental Power Of Continuing Oversight, Been Circumscribed Substantially More Than That Generaly Accorded An Independent Contractor, The Coloration Of State Action Fairly Attaches - As Far As These Tenants Were Concernced, The Landlord Could Not Evict Them For Exercising Their First Amendment Rights., Lawrence E. Noll

St. Mary's Law Journal

Abstract Forthcoming.

San Quentin Prison Officials Are Permanently Enjoined From Enforcing Or Using Disciplinary Proceedings Which Deprive Prisoners Of Their Constitutional Rights For The Reason That They Violate The Due Process And Equal Protection Clauses Of The Fourteenth Amendment., Arthur R. Thormann Jr.

St. Mary's Law Journal

Abstract Forthcoming.

The Mere Announcement Of Impending Condemnations, Coupled As It May Well Be With Substantial Delay And Damage, Does Not, In The Absence Of Other Acts Which May Be Translated Into An Exercise Of Dominion And Control By The Condemning Authority, Constitute A Taking So As To Warrant Awarding Compensation., Shelby A. Jordan

St. Mary's Law Journal

Abstract Forthcoming.

Constitutional And Statutory Provisions Concerning Voter Qualifications As Consistently Construed By Texas Decisions, Do Not Violate But Strengthen The Equal Protection Clause Of The Fourteenth Amendment., Allen Cazier

St. Mary's Law Journal

Abstract Forthcoming.

The Relationship Of State And Lower Federal Courts In Criminal Constitutional Litigation., J. Rand Cliffe

St. Mary's Law Journal

Abstract Forthcoming.

The Privacy Interest Of The Fourth Amendment--Does Mapp V. Ohio Protect It Or Pillage It, Dennis C. Sauter

West Virginia Law Review

No abstract provided.

Constitutional Law--West Virginia's Distress For Rent Law--A Landlord's Remedy Vs. A Tenant's Protections, William Charles Garrett

West Virginia Law Review

No abstract provided.

Constitutional Law--Evidence--Use Of Miranda-Violative Confessions For Impeachment Purposes, William F. Dobbs Jr.

West Virginia Law Review

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.

The Presidential Veto Power: A Shallow Pocket, Michigan Law Review

Michigan Law Review

Problems created by the uncertain scope of the President's pocket-veto power do not often arise, but neither are they a matter of purely academic interest. Indeed, two Senators who have questioned President Nixon's use of the pocket-veto power base their challenge on the ambiguous language of the pocket-veto provision. They argue that the pocket-veto provision was intended to apply only in circumstances involving a final adjournment at the end of a term or a session of Congress and was not intended to apply to brief adjournments-such as the 1970 Christmas recess-occurring within a session of Congress. Senator Kennedy contends that …

Juvenile Courts--Juveniles In Delinquency Proceedings Are Not Constitutionally Entitled To The Right Of Trial By Jury--Mckeiver V. Pennsylvania, Michigan Law Review

Michigan Law Review

At a hearing in the juvenile court of Philadelphia in October 1968, Joseph McKeiver was declared a "delinquent child" and placed on probation by a juvenile court judge who determined that McKeiver had violated a Pennsylvania law. The juvenile court petition charged McKeiver, then sixteen years old, with robbery, larceny, and receiving stolen goods as the result of an incident in which McKeiver and twenty or thirty other youths took twenty-five cents from three teenagers. Despite the fact that the evidence against McKeiver consisted primarily of the weak and inconsistent testimony of two of the victims, the juvenile court judge, …

Kastigar V. United States, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.