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Articles 27511 - 27540 of 29766
Full-Text Articles in Entire DC Network
Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd
Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd
Villanova Law Review (1956 - )
No abstract provided.
Williams V. Florida: End Of A Theory - Part I, O. John Roger
Williams V. Florida: End Of A Theory - Part I, O. John Roger
Villanova Law Review (1956 - )
No abstract provided.
The Courts' Responsibility For Prison Reform, Edmund B. Spaeth Jr.
The Courts' Responsibility For Prison Reform, Edmund B. Spaeth Jr.
Villanova Law Review (1956 - )
No abstract provided.
Prisoners' Rights - A Prosecutor's View, James D. Crawford
Prisoners' Rights - A Prosecutor's View, James D. Crawford
Villanova Law Review (1956 - )
No abstract provided.
The Correctional Institution As A Rehabilitation Center - A Former Inmate's View, Victor Taylor
The Correctional Institution As A Rehabilitation Center - A Former Inmate's View, Victor Taylor
Villanova Law Review (1956 - )
No abstract provided.
The Pennsylvania Long-Arm: An Analytical Justification, Thomas B. Erekson
The Pennsylvania Long-Arm: An Analytical Justification, Thomas B. Erekson
Villanova Law Review (1956 - )
No abstract provided.
Women And The Equal Protection Clause, Eric R. Gilbertson
Women And The Equal Protection Clause, Eric R. Gilbertson
Cleveland State Law Review
The stance of the law in this respect, as with other social trends, has generally reflected the current attitudes that dominate the society it governs. Yet, as late as 1969, we still had judges on the appellate level taking judicial notice of the female's lesser capacity for sexual arousal, the sexual behavior of "the vast majority of women in a civilized society," and the "normal" behavior of a married woman in the presence of her husband in their bedroom;' all in a puritanically paternalistic fashion. This, and other absurd judicial pronouncements may have been what prompted one controversial attorney to …
Corporal Punishment In Schools: An Infringement On Constitutional Freedoms, Thomas J. Baechle
Corporal Punishment In Schools: An Infringement On Constitutional Freedoms, Thomas J. Baechle
Cleveland State Law Review
The doctrine of in loco parentis and the right of the teacher to inflict corporal punishment has a long history of acceptance. The doctrine itself has survived for centuries with no serious challenges to its validity or acceptability. The doctrine states that a teacher stands in the place of the parent and has the right to discipline his students, including the right to inflict corporal punishment for reasonable cause and in a reasonable manner. The basis of the doctrine is an assumption of the delegation of parental authority and an assumption of the correctness of the teacher's actions. A direct …
Pretrial Detention And The Eighth And Fourteenth Amendments, James Lowe
Pretrial Detention And The Eighth And Fourteenth Amendments, James Lowe
Cleveland State Law Review
It is in the intent of the writer of this paper to examine the conditions endured by indigent defendants through their pretrial detention in Cuyahoga County Jail with respect to the Constitutional prohibitions of "cruel and unusual" punishment and a denial of "equal protection of the laws." Cuyahoga County is better known as Cleveland, Ohio. Expediency requires that the important concept of the rights of indigent inmates as they relate to civil rights statutes, and particularly Title 42 U.S.C. Section 1983, not be considered here. It may be hoped, however, that the propositions and legal considerations put forth in this …
Judicial Control Over Passport Policy, Leon Hurwitz
Judicial Control Over Passport Policy, Leon Hurwitz
Cleveland State Law Review
This paper is concerned with the judiciary's role in influencing both the procedure and substance of one particular aspect of foreign policy, namely, the passport policy of the State Department. That a decision regarding passports is a foreign policy decision has long been advanced by the President and Secretary of State. It is generally accepted that the issuance and regulation of passports is an integral part of the general conduct of American foreign relation
The Role Of Abandonment In The Law Of Search And Seizure: An Application Of Misdirected Emphasis, Edward G. Mascolo
The Role Of Abandonment In The Law Of Search And Seizure: An Application Of Misdirected Emphasis, Edward G. Mascolo
Buffalo Law Review
No abstract provided.
All Or Nothing At All: The Defeat Of Selective Conscientious Objection, Kent Greenawalt
All Or Nothing At All: The Defeat Of Selective Conscientious Objection, Kent Greenawalt
Faculty Scholarship
The generosity of the United States Supreme Court to conscientious objectors whom Congress has declined to exempt from military service has apparently ended. In Gillette v. United States, decided with Negre v. Larsen, the Court decisively closed the door on claims that those conscientiously opposed to participation in particular wars are entitled by statute or constitutional right to an exemption from military service. Mr. Justice Marshall's majority opinion first disposes of the statutory claim. According to the opinion, the relevant language of § 6(j) of the Military Selective Service Act of 1967," conscientiously opposed to participation in war …
Prison Reform In The Future - The Trend Toward Expansion Of Prisoners' Rights, Monrad G. Paulsen
Prison Reform In The Future - The Trend Toward Expansion Of Prisoners' Rights, Monrad G. Paulsen
Villanova Law Review (1956 - )
No abstract provided.
In Aid Of Public Education: An Analysis Of The Education Article Of The Virginia Constitution Of 1971, Hullihen W. Moore
In Aid Of Public Education: An Analysis Of The Education Article Of The Virginia Constitution Of 1971, Hullihen W. Moore
University of Richmond Law Review
Thomas Jefferson recognized the need for promoting adequate public education in Virginia's constitution in the late eighteenth century. Since 1867 education has been a significant part of Virginia's fundamental law, and, as such, the constitutional provisions relating to education have required much time and thought throughout their development. It is the purpose of this article not only to analyze the Education Article of the Virginia Constitution of 1971, but also to ascertain if these provisions provide the needed impetus for quality public education in Virginia.
Can Balance Be Restored In The Constitutional War Powers Of The President And Congress?, William B. Spong Jr.
Can Balance Be Restored In The Constitutional War Powers Of The President And Congress?, William B. Spong Jr.
University of Richmond Law Review
The Cambodian incursion of April, 1970, brought forth renewed observations from constitutional scholars, eminent and amateur, that the war-making power of Congress had been eroded and the checks and balances system for the initiation and conduct of hostilities by American troops, as contemplated by the Founding Fathers, rendered almost inoperative. Debates on the National Commitments Resolution and the Cooper-Church Amendments, as well as events following adoption of these measures, appear to sustain such conclusions. How has this happened? What, if anything, can be done to restore some balance in this crucial area of public policy? Should there be an effort …
Note, Unenumerated Rights – Substantive Due Process, The Ninth Amendment And John Stuart Mill, George E. Garvey
Note, Unenumerated Rights – Substantive Due Process, The Ninth Amendment And John Stuart Mill, George E. Garvey
Scholarly Articles
The Supreme Court has always protected enumerated rights and will, of course, continue to do so, following standards and guidelines it has established. This comment will confine itself to the protection of unenumerated rights. Initially, it will explore the doctrine used in the past to void laws violative of unenumerated rights-substantive due process. Then the ninth amendment will be suggested as a source of protected behavior, with John Stuart Mill's On Liberty being offered as a criterion for the determination of ninth amendment rights.
Cruel And Unusual Punishment-Constitutionality Of The Death Penalty For Rape Where Victim's Life Neither Taken Nor Endangered
University of Richmond Law Review
Throughout history societies have attempted to influence behavior and maintain order through the use of sanctions imposed by custom, tradition and law. Various methods and degrees of punishment have been exacted for anti-social behavior; each individual society fixing its own value upon the interest to be protected and its interest in punishing the offender. Some civilizations have utilized torture, maiming and, not infrequently, cruel and painful deaths as punishment for crimes.
The Clear And Present Danger Standard: Its Present Viability
The Clear And Present Danger Standard: Its Present Viability
University of Richmond Law Review
The first amendment to the Constitution of the United States provides that "Congress shall make no law ...abridging the freedom of speech or of the press, or the right of the people peaceably to assemble..." While the terms of the first amendment appear to be all embracing, its application has never been absolute. Its guarantees have always been subject to regulation by the state wherever they endangered the safety or welfare of the public. The fundamental issue involved in all first amendment problems involving free expression is the determination of the point at which the rights of the individual stop …
The Constitutionality Of Restrictions On Poverty Law Firms: A New York Case Study., Michael Botein
The Constitutionality Of Restrictions On Poverty Law Firms: A New York Case Study., Michael Botein
Articles & Chapters
Government-funded poverty law firms are presently providing essential legal services to poor people throughout the country. These firms have met with varying responses from the bar and the courts. In this article, Professor Botein examines the response of New York's Appellate Division, First Department-a comprehensive set of regulations governing the practice of law by poverty law firms. After analyzing these regulations and the constitutional issues they raise, the author concludes that both procedurally and substantively there is strong doubt concerning their validity.
The Neutrality Of Adherence To Precedent, Robert L. Birmingham
The Neutrality Of Adherence To Precedent, Robert L. Birmingham
Articles by Maurer Faculty
No abstract provided.
One Man-One Vote In The Selection Of Presidential Nominating Delegates By State Party Conventions
One Man-One Vote In The Selection Of Presidential Nominating Delegates By State Party Conventions
University of Richmond Law Review
If any conclusion can safely be drawn from the presidential nominating conventions of 1968, it is that the success of potential third party movements looms as a substantial threat to the traditional two party system in the United States. To a large degree, this fact may be attributed to the lack of balanced voter participation inherent in the nominating processes now employed by the two major parties. This lack of participation has engendered a sense of futility in the minds of the individual party members, causing them to limit their support for the slate of candidates their party ultimately chooses.
The Emerging Constitutional Privilege To Conceal Confidential News Sources
The Emerging Constitutional Privilege To Conceal Confidential News Sources
University of Richmond Law Review
In furtherance of the national interest in an informed populace, the American press has evolved into a sophisticated and complex system of news reporting that is universal in scope. Although methods of accumulating and disseminating data have changed with technological advancement, the people have continued to be the primary source of news reports. Communications from source to media frequently are conducted in confidence, with the anonymity of the informant being a condition precedent to disclosure of the information. Legal problems develop when the newsman is called upon to reveal the identity of his confidential source in a judicial or legislative …
Constitutional Law--Defendant's Right To A Jury Trial--Is Six Enough?, William L. Stevens
Constitutional Law--Defendant's Right To A Jury Trial--Is Six Enough?, William L. Stevens
Kentucky Law Journal
No abstract provided.
Constitutional Law--The Indigent Defendant Moves One Step Closer To Equality, John W. Oakley
Constitutional Law--The Indigent Defendant Moves One Step Closer To Equality, John W. Oakley
Kentucky Law Journal
No abstract provided.
Wiretapping--Power Of United States Attorney General To Authorize Wiretapping Without Judicial Sanction, Patrick A. Thompson
Wiretapping--Power Of United States Attorney General To Authorize Wiretapping Without Judicial Sanction, Patrick A. Thompson
Kentucky Law Journal
No abstract provided.
The Grand Jury As The New Inquisition, Michael E. Tigar, Madeline R. Levy
The Grand Jury As The New Inquisition, Michael E. Tigar, Madeline R. Levy
Faculty Scholarship
No abstract provided.
Judicial Review In Italy And West Germany, Donald P. Kommers
Judicial Review In Italy And West Germany, Donald P. Kommers
Journal Articles
This is a comparative study of the constitutional courts of Italy and West Germany. These institutions, established in the 1950's, have settled hundreds of constitutional disputes. And their caseloads continue to rise in volume. The time seems ripe, therefore, briefly to review the work of these tribunals and to relate this work to the condition of constitutional democracy in the two polities. It should be remarked that this is not fundamentally a study in constitutional jurisprudence. The main purpose of this article is to see how judicial review has actually operated, what its effects have been, and what its future …
Book Review Of Constitutional Law: Cases - Comments - Questions, Grant S. Nelson
Book Review Of Constitutional Law: Cases - Comments - Questions, Grant S. Nelson
Journal of Legal Education
No abstract provided.
Eminent Domain - Enhanced Value Due To Project As An Element Of Market Value In Texas Condemnation Law., Sidney K. Gibson
Eminent Domain - Enhanced Value Due To Project As An Element Of Market Value In Texas Condemnation Law., Sidney K. Gibson
St. Mary's Law Journal
Abstract Forthcoming.
Bucci: Chiesa E Stato: Church-State Relations In Italy Within The Contemporary Constitutional Framework, Jonathan Weiss
Bucci: Chiesa E Stato: Church-State Relations In Italy Within The Contemporary Constitutional Framework, Jonathan Weiss
Michigan Law Review
A Review of Chiesa e State: Church-State Relations in Italy Within the Contemporary