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Constitutional Law

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Articles 27481 - 27510 of 29766

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The Right To Counsel At Photographic Identifications Mar 1971

The Right To Counsel At Photographic Identifications

Washington and Lee Law Review

No abstract provided.


The Authorization Of Warrantless Wiretapping By The President In National Security Matters Involving Domestic Dissidents., William F. Mcquillen Mar 1971

The Authorization Of Warrantless Wiretapping By The President In National Security Matters Involving Domestic Dissidents., William F. Mcquillen

St. Mary's Law Journal

Abstract Forthcoming.


Declaratory Remedies And Constitutional Change, David L. Dickson Mar 1971

Declaratory Remedies And Constitutional Change, David L. Dickson

Vanderbilt Law Review

The Federal Declaratory Judgment Act' has now been law for more than 36 years. The debates over whether a purely declaratory judgment can be the product of a justiciable "controversy" in the constitutional sense have long since passed away, set to rest by the language of the Act itself and by the Supreme Court's decision that the Act was authorized by the judiciary article of the Constitution. The last edition of Professor Borchard's great work, Declaratory Judgments, was published in 1941,and the most recent article analyzing the constitutional significance of the Act was published shortly before Chief Justice Warren took …


Constitutional Law - Death Penalty As Cruel And Unusual Punishment For Rape. Ralph V. Warden. No. 13,757 (4th Cir., Dec. 11, 1970), Jeffrey L. Musman Mar 1971

Constitutional Law - Death Penalty As Cruel And Unusual Punishment For Rape. Ralph V. Warden. No. 13,757 (4th Cir., Dec. 11, 1970), Jeffrey L. Musman

William & Mary Law Review

No abstract provided.


Constitutional Law - Private Distribution Of Obscene Material. United States V. Dellapia, 433 F.2d 1252 (2d Cir. 1970), Woodrow Turner Jr. Mar 1971

Constitutional Law - Private Distribution Of Obscene Material. United States V. Dellapia, 433 F.2d 1252 (2d Cir. 1970), Woodrow Turner Jr.

William & Mary Law Review

No abstract provided.


Constitutional Law - The Establishment Clause And Property Tax Exemptions For Religious Organizations. Walz V. Tax Commission, 397 U.S. 644 (1970), James W. Corbitt Jr. Mar 1971

Constitutional Law - The Establishment Clause And Property Tax Exemptions For Religious Organizations. Walz V. Tax Commission, 397 U.S. 644 (1970), James W. Corbitt Jr.

William & Mary Law Review

No abstract provided.


Constitutional Law - Privileged Communications - Effect Of The Press Upon Grand Jury Investigations. Caldwell V. United States. 434 F.2d 1081 (9th Cir. 1970), Robert A. Holmes Mar 1971

Constitutional Law - Privileged Communications - Effect Of The Press Upon Grand Jury Investigations. Caldwell V. United States. 434 F.2d 1081 (9th Cir. 1970), Robert A. Holmes

William & Mary Law Review

No abstract provided.


Border Searches: An Exception To Probable Cause., Ronald R. Winfrey Mar 1971

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

St. Mary's Law Journal

Abstract Forthcoming.


Due Process Of Law--Welfare Recipient's Right To Pre-Termination Hearing, Michael A. Albert Feb 1971

Due Process Of Law--Welfare Recipient's Right To Pre-Termination Hearing, Michael A. Albert

West Virginia Law Review

No abstract provided.


Constitutional Law - Welfare Law - Welfare Benefits Conditioned Upon Consent To A Warrantless Home Visit Held Not To Violate Fourth Amendment, Brian R. Mckillip Jan 1971

Constitutional Law - Welfare Law - Welfare Benefits Conditioned Upon Consent To A Warrantless Home Visit Held Not To Violate Fourth Amendment, Brian R. Mckillip

Loyola University Chicago Law Journal

No abstract provided.


Constitutional Law - Criminal Law - Guilty Plea Is Not Invalid Because It Is The Product Of A Plea Bargain, Roseann Oliver Jan 1971

Constitutional Law - Criminal Law - Guilty Plea Is Not Invalid Because It Is The Product Of A Plea Bargain, Roseann Oliver

Loyola University Chicago Law Journal

No abstract provided.


Constitutional Law - Burden Of Proof In A Juvenile Delinquency Proceeding, M. Lawrence Shields Iii Jan 1971

Constitutional Law - Burden Of Proof In A Juvenile Delinquency Proceeding, M. Lawrence Shields Iii

Duquesne Law Review

The Supreme Court of the United States has held that where a juvenile is charged with the commission of a delinquent offense for which institutional confinement may be imposed, due process requires that the charges against him be proved beyond a reasonable doubt.

In re Winship, 397 U.S. 358 (1970).


Constitutional Law - The Granting Of Tax Exemptions By States For Religious Properties Used For Devotional Purposes Does Not Violate The Religion Clauses Of The First Amendment To The United States Constitution, Charles J. Werling Jan 1971

Constitutional Law - The Granting Of Tax Exemptions By States For Religious Properties Used For Devotional Purposes Does Not Violate The Religion Clauses Of The First Amendment To The United States Constitution, Charles J. Werling

Loyola University Chicago Law Journal

No abstract provided.


Constitutional Law - Rent Withholding Act, Mark Louis Glosser Jan 1971

Constitutional Law - Rent Withholding Act, Mark Louis Glosser

Duquesne Law Review

The Pennsylvania Supreme Court has held that the Rent Withholding Act is not an unconstitutional delegation of legislative authority, despite the fact that it leaves to the Department of Licenses and Inspections the task of applying the concepts of "fit and unfit for human habitation"; nor does it act as an unconstitutional taking of landlords' property without due process of law.

DePaul v. Kaufman, 441 Pa. 386, 272 A.2d 500 (1971).


Constitutional Law - Access To Courts - Indigent Seeking Divorce Decree, John Edward Wall Jan 1971

Constitutional Law - Access To Courts - Indigent Seeking Divorce Decree, John Edward Wall

Duquesne Law Review

The Supreme Court of the United States has held that the due process clause of the fourteenth amendment precludes a state from denying to an indigent access to the courts pursuant to an effort to dissolve a marriage, solely because of his inability to pay court fees.

Boddie v. Connecticut, 401 U.S. 371 (1971).


Constitutional Law - Aliens, John J. Reid Jan 1971

Constitutional Law - Aliens, John J. Reid

Duquesne Law Review

The United States Supreme Court has held that state welfare laws discriminating against aliens violate the equal protection clause of the fourteenth amendment, and encroach upon the exclusive federal control of immigration.

Graham v. Richardson, 403 U.S. 365 (1971).


Constitutional Law - Estates - Reversion Of The Res Of A Charitable Trust Which Failed Because It Necessitated Racially Discriminatory State Action Is Not Violative Of The Xivth Amendment Where The Reversion Is By Operation Of State Law, And Due To The State Court's Refusal To Apply The Doctrine Of Cy Pres., Lawrence J. Casazza Jan 1971

Constitutional Law - Estates - Reversion Of The Res Of A Charitable Trust Which Failed Because It Necessitated Racially Discriminatory State Action Is Not Violative Of The Xivth Amendment Where The Reversion Is By Operation Of State Law, And Due To The State Court's Refusal To Apply The Doctrine Of Cy Pres., Lawrence J. Casazza

Loyola University Chicago Law Journal

No abstract provided.


Politics And Jurisprudence In West Germany: State Financing Of Political Parties, Donald P. Kommers Jan 1971

Politics And Jurisprudence In West Germany: State Financing Of Political Parties, Donald P. Kommers

Journal Articles

The relationship between political parties and representative government has been an important consideration in the constitutional jurisprudence of the Federal Republic of Germany. The Federal Constitutional Court has gone further than any other constitutional tribunal in the West to promote a free and competitive party system, and the Court’s decisions affecting the status of parties under the Basic Law, especially those having to do with party finance, are a marvelous illustration of the interplay between politics and law. The Federal Constitutional Court’s decision in 1966 to invalidate a federal plan for subsidizing political parties is a good example of the …


Book Review. Con-Con: Issues For The Illinois Constitutional Convention, Leon Harry Wallace Jan 1971

Book Review. Con-Con: Issues For The Illinois Constitutional Convention, Leon Harry Wallace

Articles by Maurer Faculty

No abstract provided.


Intrusion Into The Body, William G. Eckhardt Jan 1971

Intrusion Into The Body, William G. Eckhardt

Faculty Works

The thesis of this article is that the rights of servicemen should be protected with the search and seizure concepts of the fourth amendment rather than with the fifth amendment protection against self-incrimination when intrusive bodily searches are required. The Supreme Court enunciated standard for intrusion into the body found in Schmerber v. California, 384 U.S. 757 (1966). The subsequent application of this standard in the federal courts, and its adoption in the Manual for Courts-Martial, United States, 1969, (Rev.) are explored. Federal court decisions discussing the privilege against self-incrimination are contrasted with opinions of the Court of Military Appeals …


The Legal Controversy As It Relates To Correctional Institutions - A Prison Administrator's View, Joseph R. Brierley Jan 1971

The Legal Controversy As It Relates To Correctional Institutions - A Prison Administrator's View, Joseph R. Brierley

Villanova Law Review (1956 - )

No abstract provided.


Prisoners' Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation, Joseph R. Brierley, Victor Rabinowitz, Edmund B. Spaeth Jr., James D. Crawford Jan 1971

Prisoners' Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation, Joseph R. Brierley, Victor Rabinowitz, Edmund B. Spaeth Jr., James D. Crawford

Villanova Law Review (1956 - )

No abstract provided.


The Crisis In Capital Punishment, Charles L. Black Jr. Jan 1971

The Crisis In Capital Punishment, Charles L. Black Jr.

Maryland Law Review

No abstract provided.


Prison Disciplinary Hearings And Procedural Due Process - The Requirement Of A Full Administrative Hearing, Michael A. Millemann Jan 1971

Prison Disciplinary Hearings And Procedural Due Process - The Requirement Of A Full Administrative Hearing, Michael A. Millemann

Maryland Law Review

No abstract provided.


Discriminatory Hiring Practices Due To Arrest Records - Private Remedies, Baldo M. Carnecchia Jr. Jan 1971

Discriminatory Hiring Practices Due To Arrest Records - Private Remedies, Baldo M. Carnecchia Jr.

Villanova Law Review (1956 - )

No abstract provided.


Obscenity, 1971: The Rejuvination Of State Power And The Return To Roth, Dwight L. Teeter Jr., Don R. Pember Jan 1971

Obscenity, 1971: The Rejuvination Of State Power And The Return To Roth, Dwight L. Teeter Jr., Don R. Pember

Villanova Law Review (1956 - )

No abstract provided.


The Pennsylvania Supreme Court And Exclusionary Suburban Zoning: From Bilbar To Girsh - A Decade Of Change, John W. Nilon Jr. Jan 1971

The Pennsylvania Supreme Court And Exclusionary Suburban Zoning: From Bilbar To Girsh - A Decade Of Change, John W. Nilon Jr.

Villanova Law Review (1956 - )

No abstract provided.


Recent Developments, Various Editors Jan 1971

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


Williams V. Florida: End Of A Theory - Part Ii, O. John Rogge Jan 1971

Williams V. Florida: End Of A Theory - Part Ii, O. John Rogge

Villanova Law Review (1956 - )

No abstract provided.


Further Limits On Libel Actions - Extension Of The New York Times Rule To Libels Arising From Discussion Of Public Issues, W. H. Flamm Jr. Jan 1971

Further Limits On Libel Actions - Extension Of The New York Times Rule To Libels Arising From Discussion Of Public Issues, W. H. Flamm Jr.

Villanova Law Review (1956 - )

No abstract provided.