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Constitutional Law

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United States V. Brewster, Lewis F. Powell Jr. Oct 1971

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

Supreme Court Case Files

No abstract provided.


Shadwick V. Tampa, Lewis F. Powell Jr. Oct 1971

Shadwick V. Tampa, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States. V. Allegheny-Ludlum Steel Corp., Lewis F. Powell Jr. Oct 1971

United States. V. Allegheny-Ludlum Steel Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Midwest Video Corp., Lewis F. Powell Jr. Oct 1971

United States V. Midwest Video Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Kois V. Wisconsin, Lewis F. Powell Jr. Oct 1971

Kois V. Wisconsin, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Laird V. Tatum, Lewis F. Powell Jr. Oct 1971

Laird V. Tatum, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Constitutional Law—Conversion Of Fine Into Term Of Imprisonment For Offenders Financially Unable To Pay Fine Held Violative Of Equal Protection Clause, Richard L. Woll Oct 1971

Constitutional Law—Conversion Of Fine Into Term Of Imprisonment For Offenders Financially Unable To Pay Fine Held Violative Of Equal Protection Clause, Richard L. Woll

Buffalo Law Review

Tate v. Short, 401 U.S. 395 (1971).


Student's Constitutional Rights And The University Disciplinary Committee, Diego L. Villarreal Oct 1971

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

North Carolina Central Law Review

No abstract provided.


Book Reviews, Francis X. Beytagh, Jr., Robert L. Carter, William E. Miller, Judge Oct 1971

Book Reviews, Francis X. Beytagh, Jr., Robert L. Carter, William E. Miller, Judge

Vanderbilt Law Review

Books Reviewed:

The Supreme Court and the Idea of Progress

by Alexander M. Bickel

New York: Harper & Row, 1970. Pp. xii, 210. $6.50.

Politics, the Constitution and the Warren Court

By Philip B. Kurland Chicago

University of Chicago Press, 1970. Pp. xxv, 222.$9.75.

Reviewer: Francis X. Beytagh, Jr.

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Books Reviewed:

Politics of Southern Equality: Law and Social Change in a Mississippi County

By Frederick M. Wirt

Chicago: Aldine Publishing Co., 1970. Pp. 335. $10.00.

reviewer: Robert L. Carter

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The Apportionment Cases

By Richard C. Cortner Knoxville: University of Tennessee Press, 1970. Pp. ix. 283. $10.00.

reviewer William …


Constitutional Law - Aid To Parochial Schools. Lemon V. Kurtzman, 91 S. Ct. 2105 (1971), Stephen J. Boardman Oct 1971

Constitutional Law - Aid To Parochial Schools. Lemon V. Kurtzman, 91 S. Ct. 2105 (1971), Stephen J. Boardman

William & Mary Law Review

No abstract provided.


Judicial Protection Of The Criminal Defendant Against Adverse Press Coverage, John E. Stanga Jr. Oct 1971

Judicial Protection Of The Criminal Defendant Against Adverse Press Coverage, John E. Stanga Jr.

William & Mary 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 Oct 1971

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.


Constitutional Law - Attorney's Loyalty Fitness, W. Wade Berryhill Oct 1971

Constitutional Law - Attorney's Loyalty Fitness, W. Wade Berryhill

Law Faculty Publications

One may reasonably conclude that a state may escape invalidation of a statute which apparently exceeds permissible Bill of Rights limits if the state shows that the statute does not operatively mean what it appears to say, but rather requires only an allegiance to the Constitution, and secondly, that a state may properly make inquiries to determine the oath affirmant's sincerity and good faith.


Constitutional Law--Disclosure Of Journalist's Confidential News Sources, Roger D. Graham Sep 1971

Constitutional Law--Disclosure Of Journalist's Confidential News Sources, Roger D. Graham

West Virginia Law Review

No abstract provided.


Constitutional Law--Does A Private College's Response To State Legislation Constitute State Action?, Willian Charles Garrett Sep 1971

Constitutional Law--Does A Private College's Response To State Legislation Constitute State Action?, Willian Charles Garrett

West Virginia Law Review

No abstract provided.


Search And Seizure--Was The Right Of Privacy Taken To The Cleaners?, Dennis C. Sauter Sep 1971

Search And Seizure--Was The Right Of Privacy Taken To The Cleaners?, Dennis C. Sauter

West Virginia Law Review

No abstract provided.


Trial By Jury And Speedy Justice, J. Edward Lumbard Sep 1971

Trial By Jury And Speedy Justice, J. Edward Lumbard

Washington and Lee Law Review

No abstract provided.


Constitutional Law—Petty Offender's Right To Demand Trial By Jury: Petty Offenders Have Peers In Alaska—Baker V. City Of Fairbanks, 471 P.2d 386 (Alas. 1970), Anon Jul 1971

Constitutional Law—Petty Offender's Right To Demand Trial By Jury: Petty Offenders Have Peers In Alaska—Baker V. City Of Fairbanks, 471 P.2d 386 (Alas. 1970), Anon

Washington Law Review

Procter J. Baker was charged with violation of a Fairbanks ordinance for the offense of assault and demanded a trial by jury in the district court. Baker contended that the holding of the United States Supreme Court in Duncan v. Louisiana was dispositive of his case and that he was entitled to a jury trial as a matter of constitutional right, even though the maximum possible punishment was limited to $600 fine or 60 days imprisonment or both. Upon the trial court's denial of his asserted right, Baker petitioned for direct review by the Alaska Supreme Court. The Alaska court …


Hawkins V. Town Of Shaw: The Court As City Manager, C. Ronald Ellington, Lawrence F. Jones Jul 1971

Hawkins V. Town Of Shaw: The Court As City Manager, C. Ronald Ellington, Lawrence F. Jones

Scholarly Works

For over one hundred years Congress and the federal courts have pursued the goal of racial equality in the United States. In areas such as voting rights, public accommodations, and housing, Congress and the courts have interacted closely, with broad judicial interpretations upholding major remedial legislation. Moreover, when confronted by official state sources of racial discrimination, courts have traditionally responded to the clear command of the equal protection clause of the fourteenth amendment without awaiting congressional action. Brown v. Board of Education stands as perhaps the best known instance in which a court has, on its own, ordered the elimination …


State Constitutions For The 20th Century, William F. Swindler Jul 1971

State Constitutions For The 20th Century, William F. Swindler

Faculty Publications

No abstract provided.


Recent Cases, Law Review Staff May 1971

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Treble Damage Actions--Private Litigant Whose Injury Was Reasonably Foreseeable Has Standing To Sue

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Constitutional Law--Free Exercise of Religion--First Amendment Violated by Compulsory Education Statute that Prevents a Parent from Raising His Children According to His Religious Beliefs

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Constitutional Law--Immunity Statutes-Section 201 of Organized Crime Control Act of 1970, Which Provides Only Use and Fruits Immunity, Violates Fifth Amendment

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Constitutional Law-Search and Seizure--AFDC Caseworker's Visit to Home of Nonconsenting Welfare Recipient Not Prohibited by Fourth Amendment

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Consumer Protection Law-Standing -United States Has Standing To Seek Injunction Against Practice of Obtaining Default Judgments Through False Affidavits Certifying Service …


Conscientious Objection: The Constitutional Questions, Howard R. Lurie May 1971

Conscientious Objection: The Constitutional Questions, Howard R. Lurie

West Virginia Law Review

No abstract provided.


Constitutional Law--Flag Desecration As Symbolic Speech, Robert R. Skinner May 1971

Constitutional Law--Flag Desecration As Symbolic Speech, Robert R. Skinner

West Virginia Law Review

No abstract provided.


Constitutional Law—Abortions: Abortion As A Ninth Amendment Right.—Babbitz V. Mccann, 310 F.Supp. 293 (E.D.Wis. 1970), Appeal Dismissed Per Curiam, 91 S. Ct. 12 (1970), Anon May 1971

Constitutional Law—Abortions: Abortion As A Ninth Amendment Right.—Babbitz V. Mccann, 310 F.Supp. 293 (E.D.Wis. 1970), Appeal Dismissed Per Curiam, 91 S. Ct. 12 (1970), Anon

Washington Law Review

Plaintiff, a physician, allegedly performed a "nontherapeutic" abortion upon a woman carrying an unquickened fetus and was subsequently prosecuted under the Wisconsin abortion statute. He brought suit in federal district court to enjoin enforcement of the statute and to obtain a declaratory judgment that the statute was unconstitutional. The injunction was denied, but the declaratory judgment was granted. Held: The state may not deprive a woman of her ninth amendment right to decide whether to carry or reject an unquickened child. Babbitz v. McCann, 310 F. Supp. 293 (E.D. Wis. 1970), appeal dismissed per curiam, 91 S. Ct. 12 (1970).


Constitutional Law - Racial Discrimination In Employment. Griggs V. Duke Power Co., 91 S. Ct. 849 (1971), Natalie C. Gillette May 1971

Constitutional Law - Racial Discrimination In Employment. Griggs V. Duke Power Co., 91 S. Ct. 849 (1971), Natalie C. Gillette

William & Mary Law Review

No abstract provided.


College Admission Policies Based On Sex And The Equal Protection Clause, Jeffrey M. Shaman Apr 1971

College Admission Policies Based On Sex And The Equal Protection Clause, Jeffrey M. Shaman

Buffalo Law Review

No abstract provided.


The United States Army Reservist: Hair Today, Gone Tomorrow, Bruce V. Weitzen Apr 1971

The United States Army Reservist: Hair Today, Gone Tomorrow, Bruce V. Weitzen

Buffalo Law Review

No abstract provided.


Criminal Procedure—Constitutional Right To Counsel In Parole Revocation Hearing, Clarence J. Sundram Apr 1971

Criminal Procedure—Constitutional Right To Counsel In Parole Revocation Hearing, Clarence J. Sundram

Buffalo Law Review

People ex rel. Menechino v. Warden, Greenhaven State Prison, 27 N.Y.2d 376, 267 N.E.2d 238, 318 N.Y.S.2d 449 (1971).


Criminal Procedure--Self-Incrimination--Harmless Error--Application Of The Harmless Error Doctrine To Violations Of Miranda: The California Experience, Michigan Law Review Apr 1971

Criminal Procedure--Self-Incrimination--Harmless Error--Application Of The Harmless Error Doctrine To Violations Of Miranda: The California Experience, Michigan Law Review

Michigan Law Review

Using decisions of the appellate courts of California that have applied the federal harmless error rule to violations of Miranda v. Arizona and Escobedo v. Illinois, this Note will examine the logic and effects of the California application. However, the California experience can only be understood by first briefly describing the United States Supreme Court's decisions regarding harmless constitutional error and then showing the approaches taken by other states in their application of the harmless error rule to Miranda violations. Not only will this analysis put the California experience in its proper perspective, but it will also show the …


The Principle Of Nondivisiveness And The Constitutionality Of Public Aid To Parochial Schools, C. Ronald Ellington Apr 1971

The Principle Of Nondivisiveness And The Constitutionality Of Public Aid To Parochial Schools, C. Ronald Ellington

Scholarly Works

The establishment clause issues in the three cases now before the Supreme Court [Tilton v. Richardson, Lemon v. Kurtzman, DiCenso v. Robinison] will be explored in this article in the light of a postulate and three derivative maxims which, it is suggested, are implicit in the Court's earlier religion clause cases, particularly Walz v. Tax Commission. It is the author's view that the establishment clause intends that government no be a divisive force in matters of religion and that analysis grounded in such a premise provides the surest delineation of the interests at stake in …