Digital Commons Network^™

The Warren Court: Completion Of A Constitutional Revolution, William F. Swindler

Vanderbilt Law Review

In the final weeks of its sixteen year history, the subject matter of the Warren Court's opinions ranged over most of the major constitutional issues with which it had concerned itself since 1953, and out of which it developed the seminal decisions for which it will be remembered. For example, it upheld an Alabama desegregation plan which provided for proportional racial representation on public school faculties,' and found a snack bar in a privately owned recreational facility to be within the "public accomodations" definition of the Civil Rights Act of 1964. It rejected a North Carolina county's request to reinstate …

The Supreme Court: Viable Fallibilism Or Fatal Infallibility, Bernard Goodwin

Vanderbilt Law Review

The recent growth in the importance and apparent power of the Supreme Court has been one result of our rapidly changing twentieth century society. In the social ferment of the last two decades, the Court, more than Congress, has expressed the conscience and intellectual consensus of American culture. Speaking as a practicing attorney and concerned citizen, the author of this article does not criticize the Court for stepping into this gap in our governmental structure, but he feels that the possibility of increased activism on the part of the Court indicates a serious breakdown in governmental checks and balances and …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Burden of Proof--"Clear Proof" Standard Applied to Union Liability Under Sherman Act

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Antitrust--Robinson-Patman Act--Private Litigants Need Not Show Consequential Damages in Order to Recover Treble Damages for Price Discrimination Violations

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Antitrust Remedies--State Given Standing to Sue as Parens Patriae

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Civil Rights--State Action Not Required Under Sections 1981,1982, and 1985(3) of Title 42; Action "Under Color of State Constitutional Right" Satisfies the "Color of Law" Requirement of Section 1983

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Conflict of Laws--"Contacts" Approach Rejected--Lex LociDelicti Applied Until Undeniably Better Rule is Found

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Conflict of Laws--Criminal Procedure--Law of Forum Applies to Search and Seizure in Accused's Out-of-State …

Constitutional Revision--The Legislature, Carl M. Frasure

West Virginia Law Review

No abstract provided.

Constitutional Revision--Virginia's Approach, A. E. Howard

West Virginia Law Review

No abstract provided.

Constitutional Revision--The Counties, Richard Shelton

West Virginia Law Review

No abstract provided.

Constitutional Law--Inter--Institutional Juvenile Transfer: Due Process And Equal Protection, Delby Barker Stobbs

West Virginia Law Review

No abstract provided.

Constitutional Law--Lance V. Board Of Education--Constitutionality Of Extraordinary Majority Elections, Daniel F. Hedges

West Virginia Law Review

No abstract provided.

Constitutional Law--Lance V. Board Of Education--The Dissenting Opinion, Diana Everett

West Virginia Law Review

No abstract provided.

Constitutional Law--Procedural Due Process Application To Pre-Judgement Garnishment, David Jeffrey Millstone

West Virginia Law Review

No abstract provided.

Constitutional Law--Freedom Of Expression, Charles Blaine Myers Jr.

West Virginia Law Review

No abstract provided.

Constitutional Law - Libel - New York Times Rule Extended To Statements Made About Matters Of Public Concern, Stanley J. Davidson

Loyola University Chicago Law Journal

No abstract provided.

Federal Courts - Petitioner Under State Indictment As A Recidivist May Attack The Constitutionality Of A Former Federal Conviction By A Motion In The Nature Of Coram Nobis When His Release From Custody Prevents Him From Using The Applicable Habeas Corpus Remedy (28 U.S.C. 2255), Thomas D. Rafter

Loyola University Chicago Law Journal

No abstract provided.

The Massachusetts Antiwar Bill, Anthony D'Amato

Faculty Working Papers

The Massachusetts Antiwar bill provides that no inhabitant of Massachusetts inducted into or serving in the armed forces "shall be required to serve" abroad in an armed hostility that has not been declared a war by Congress under Art. I, Sect. 8 of the United States Constitution. One could hardly imagine a more fundamental constitutional doubt arising in the mind of the American public than that of the legality of a major war. The purpose of the Massachusetts bill is purely and simply to obtain an authoritative judicial test of the constitutionality of an undeclared war.

Massachusetts In The Federal Courts: The Constitutionality Of The Vietnam War, Anthony D'Amato

Faculty Working Papers

One of the most singular pieces of legislation in American constitutional history passed the Massachusetts legislature in 1970, and was signed into law. It provided that, except for an emergency, no inhabitant of Massachusetts inducted into or serving in the armed forces "shall be required to serve" abroad in an armed hostility that has not been declared a war by Congress under Article I, Section 8, clause 11 of the US Constitution. A conflict between state law and national policy was created.

Constitutional Law - Trial - Decorum In The Courtroom, Bernadine Meyer

Duquesne Law Review

No abstract provided.

Constitutional Law—Exclusionary Rule Applied To State Liquor Authority Administrative Searches, Judith B. Ittig

Buffalo Law Review

Matter of Finn's Liquor Shop, Inc. v. State Liquor Authority, 24 N.Y.2d 647 (1969).

Constitutional Law—The Serviceman’S Right To A Civilian Trial For A Non-Service Connected Crime, Bruce R. Fenwick

Buffalo Law Review

O'Callahan v. Parker, 395 U.S. 258 (1969).

O'Callahan And Its Progeny: A Survey Of Their Impact On The Jurisdiction Of Courts-Martial, John F. Depue

Villanova Law Review (1956 - )

No abstract provided.

Assistance In Addition To Counsel For Indigent Defendants: The Need For, The Lack Of, The Right To, Dennis W. Alexander

Villanova Law Review (1956 - )

No abstract provided.

Freedom Of Speech Of The Public School Teacher, Edward M. Graham

Cleveland State Law Review

Courts, until recent years, when deciding whether teachers surrender their right of free speech by accepting employment in the public schools, have almost universally held that the rights of teachers as individuals are subordinate to the rights of school boards as public employers. In applying the principle of stare decisis, courts had continuously relied upon cases reasoned along the lines of early American decisions in which the courts considered the exemplar responsibility of the teacher as the only material issue. Because of this judicial outlook, teachers have had great difficulty defending against dismissal or other disciplinary action by their employing …

Intergovernmental Tax Immunities: An Analysis And Suggested Approach To The Doctrine And Its Application To The State And Municipal Bond Interest, Leonard C. Homer

Villanova Law Review (1956 - )

No abstract provided.

A Contemporary Appraisal Of Condemnation In Maryland, John J. Ghingher Jr., John J. Ghingher Iii

Maryland Law Review

No abstract provided.

The Constitutional Aspects Of A National Population Policy, Cyril C. Means

Villanova Law Review (1956 - )

No abstract provided.

Juveniles And Their Right To A Jury Trial, Timothy E. Foley

Villanova Law Review (1956 - )

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Municipal Debt Limitations In Pennsylvania, Steven G. Brown, Robert A. Ebenstein

Villanova Law Review (1956 - )

No abstract provided.

An Idigent's Right To An In Forma Pauperis Proceeding In Pennsylvania Divorce Litigation - Analysis And A Proposal, Richard W. Hoolstein, Michael R. Stiles

Villanova Law Review (1956 - )

No abstract provided.

Public Support And The Sectarian University, Walter Gellhorn, Kent Greenawalt

Faculty Scholarship

In mid-1968 we undertook to advise Fordham University concerning steps that might be appropriate to establish its eligibility for public assistance. As part of that task we tried to determine the extent to which present law requires official differentiation between Church-related and other institutions of higher learning. Since the University sought a wholly detached consideration of its legal posture, our conclusions in this article represent our best judgment of the present state of the law and its probable development. We have avoided indicating our own personal position on debatable legal and ethical issues.

Constitutional Law--School Dress Codes--A Student's Right To Choose His Hair Style And Length, John D. Hays

Kentucky Law Journal

No abstract provided.