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Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd Jan 1971

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 Jan 1971

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. Jan 1971

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 Jan 1971

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 Jan 1971

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 Jan 1971

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 Jan 1971

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 Jan 1971

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 Jan 1971

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 Jan 1971

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 Jan 1971

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 Jan 1971

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 Jan 1971

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 Jan 1971

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. Jan 1971

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 Jan 1971

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 Jan 1971

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 Jan 1971

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 Jan 1971

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 Jan 1971

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 Jan 1971

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 Jan 1971

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 Jan 1971

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 Jan 1971

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 Jan 1971

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 Jan 1971

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 Jan 1971

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 Dec 1970

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 Dec 1970

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 Dec 1970

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