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Constitutional Law

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Political Rights Of Government Employees, Donald H. Buckley Jan 1970

Political Rights Of Government Employees, Donald H. Buckley

Cleveland State Law Review

There are nearly three million federal employees, of whom 50.8 percent are professional, technical or administrative personnel. These federal employees and those individuals employed by a state or local agency whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a federal agency are subject to the United States Civil Service Commission rules regulating political activity. Under Civil Service rules, individuals may be removed from their employment for doing what every other American may consider a constitutionally protected right; namely, participating actively in …


The Constitutional Rights Of Teachers And Professors, William W. Van Alstyne Jan 1970

The Constitutional Rights Of Teachers And Professors, William W. Van Alstyne

Faculty Publications

The discussion examines the current state of educators' rights and identifies two key areas that are still hotly contested: extramural utterances that my be critical of the institution itself and a teacher's freedom with his own classroom. A survey of two recent cases illuminates these issues.


The Right To A Decent Environment; E =Mc²: Environment Equals Man Times Courts Redoubling Their Efforts, E. F. Roberts Jan 1970

The Right To A Decent Environment; E =Mc²: Environment Equals Man Times Courts Redoubling Their Efforts, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.


Civil Rights—Public Accommodations—Recreational Facility Held A Covered Establishment Under 1964 Act, Richard R. Stokely Jan 1970

Civil Rights—Public Accommodations—Recreational Facility Held A Covered Establishment Under 1964 Act, Richard R. Stokely

Buffalo Law Review

Daniel v. Paul, 395 U.S. 298 (1969).


Constitutional Law—Detentions For The Purpose Of Obtaining Fingerprints Are Subject To The Fourth Amendment’S Constraints Against Unreasonable Searches And Seizures, Gregory Stamm Jan 1970

Constitutional Law—Detentions For The Purpose Of Obtaining Fingerprints Are Subject To The Fourth Amendment’S Constraints Against Unreasonable Searches And Seizures, Gregory Stamm

Buffalo Law Review

Davis v. Mississippi, 394 U.S. 721 (1969).


Criminal Law—Electronic Eavesdropping-Standing To Object To Third Party Conversations, Joel E. Schweitzer Jan 1970

Criminal Law—Electronic Eavesdropping-Standing To Object To Third Party Conversations, Joel E. Schweitzer

Buffalo Law Review

Alderman v. United States, 394 U.S. 165 (1969).


National Population Programs And Policy: Social And Legal Implications, Carl S. Shultz, H. Yuan Tien, Edwin D. Driver, Cyril C. Means Jan 1970

National Population Programs And Policy: Social And Legal Implications, Carl S. Shultz, H. Yuan Tien, Edwin D. Driver, Cyril C. Means

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Reflections On Abortion Reform, Patrick L. Baude Jan 1970

Constitutional Reflections On Abortion Reform, Patrick L. Baude

University of Michigan Journal of Law Reform

United States abortion law is evolving comparably. Even eight years ago, public opinion was deeply divided when a Phoenix housewife sought to avoid giving birth after taking Thalidomide. The Model Penal Code, promulgated that year, authorized abortion in cases of felonious intercourse, to avoid deformity, and to protect the physical or mental health of the mother; these faintly daring innovations are now in danger of being declared unconstitutional because they are too limited. In the last year, three courts have invalidated moderate abortion statutes and the New York legislature has permitted abortion at will in early pregnancy. The purpose of …


Massachusetts In The Federal Courts: The Constitutionality Of The Vietnam War, Anthony A. D'Amato Jan 1970

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

University of Michigan Journal of Law Reform

One of the most singular pieces of legislation in American constitutional history passed both houses of the Massachusetts legislature on April 1st, 1970, and was signed into law on the following day by Governor Francis W. Sargent. It provides 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 1, Section 8, clause 11 of the United States Constitution. The bill further directs the state's attorney general to bring a suit testing …


Constitutional Law--The Right To A Jury Trial In Disbarment Proceedings, Michigan Law Review Jan 1970

Constitutional Law--The Right To A Jury Trial In Disbarment Proceedings, Michigan Law Review

Michigan Law Review

Lawyers in the United States have long been considered officers of the court, subject to examination for good moral character and adequate education in law before admission to the bar. They have also been subject to summary proceedings for disbarment whenever they have deviated from accepted standards of conduct embodied in various codes of professional ethics. Although the specific grounds for disbarment vary from state to state and between federal and state courts, one thing is clear: in the absence of a specific statutory provision there traditionally has been no right to a jury trial in disbarment proceedings. Since the …


Of Justice Delayed And Justice Denied: The Welfare Prior Hearing Cases, Robert M. O'Neil Jan 1970

Of Justice Delayed And Justice Denied: The Welfare Prior Hearing Cases, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.


Federal Courts--Juries--Exclusion Of Women, C. Michael Buxton Jan 1970

Federal Courts--Juries--Exclusion Of Women, C. Michael Buxton

Kentucky Law Journal

No abstract provided.


With Temperate Rod: Maintaining Academic Order In Secondary Schools, Arnold Taylor Jan 1970

With Temperate Rod: Maintaining Academic Order In Secondary Schools, Arnold Taylor

Kentucky Law Journal

No abstract provided.


Criminal Law--Abortion--Man, Being Without A Legal Beginning, William T. Robinson Iii Jan 1970

Criminal Law--Abortion--Man, Being Without A Legal Beginning, William T. Robinson Iii

Kentucky Law Journal

No abstract provided.


Students And The University: Group Interaction And The Law, Louis De Falaise, William T. Robinson Iii Jan 1970

Students And The University: Group Interaction And The Law, Louis De Falaise, William T. Robinson Iii

Kentucky Law Journal

No abstract provided.


Constitutional Law--Sixth Amendment Confrontation Clause--Right Of Defendant To Be Present At Criminal Trial, Donna H. Terry Jan 1970

Constitutional Law--Sixth Amendment Confrontation Clause--Right Of Defendant To Be Present At Criminal Trial, Donna H. Terry

Kentucky Law Journal

No abstract provided.


Constitutional Law--The Power Of A Governor To Proclaim Martial Law And Use State Military Forces To Suppress Campus Demonstrations, Scott T. Wendelsdorf Jan 1970

Constitutional Law--The Power Of A Governor To Proclaim Martial Law And Use State Military Forces To Suppress Campus Demonstrations, Scott T. Wendelsdorf

Kentucky Law Journal

No abstract provided.


Books Received Jan 1970

Books Received

University of Richmond Law Review

These are the books received by the Law School in 1970.


First Amendment "Due Process", Henry Paul Monaghan Jan 1970

First Amendment "Due Process", Henry Paul Monaghan

Faculty Scholarship

A number of recent Supreme Court opinions, primarily in the obscenity area, have fastened strict procedural requirements on governmental action aimed at controlling the exercise of first amendment rights. Professor Monaghan believes that there are two basic principles that can be distilled from these cases: that a judicial body, following an adversary hearing, must decide on the protected character of the speech, and that the judicial determination must either precede or immediately follow any governmental action which restricts speech. The author argues that these two broad principles should limit any governmental activity which affects freedom of speech, no matter how …


Appointed Counsel For The Indigent Civil Defendant: A Constitutional Right Without A Judicial Remedy., Michael Botein Jan 1970

Appointed Counsel For The Indigent Civil Defendant: A Constitutional Right Without A Judicial Remedy., Michael Botein

Articles & Chapters

No abstract provided.


Cafeteria Workers Revisited: Does The Commander Have Plenary Power To Control Access To His Base?, Jethro K. Lieberman Jan 1970

Cafeteria Workers Revisited: Does The Commander Have Plenary Power To Control Access To His Base?, Jethro K. Lieberman

Articles & Chapters

The Supreme Court's decision in Cafeteria Workers v. McElroy (1961) has often been cited by military commanders to support claimed plenary power over access to the installation commanded. Observing that plenary power is a rarity in contemporary society, Lieutenant Lieberman questions the prof erred interpretation of Cafeteria Workers particularly in light of more recent decisions. He concludes that while commanders do possess broad powers over access, the power is not plenary but must be weighed in each instance against the individual's rights of freedom of speech and association.


Cafeteria Workers Revisited: Does The Commander Have Plenary Power To Control Access To His Base?, Jethro K. Lieberman Jan 1970

Cafeteria Workers Revisited: Does The Commander Have Plenary Power To Control Access To His Base?, Jethro K. Lieberman

Articles & Chapters

The Supreme Court's decision in Cafeteria Workers v. McElroy (1961) has often been cited by military commanders to support claimed plenary power over access to the installation commanded. Observing that plenary power is a rarity in contemporary society, Lieutenant Lieberman questions the prof erred interpretation of Cafeteria Workers particularly in light of more recent decisions. He concludes that while commanders do possess broad powers over access, the power is not plenary but must be weighed in each instance against the individual's rights of freedom of speech and association.


Book Review. Gajendragadkar, P.B., The Constitution Of India, Ralph F. Fuchs Jan 1970

Book Review. Gajendragadkar, P.B., The Constitution Of India, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


The Generality Of Neutral Principles: A Game-Theoretic Perspective, Robert L. Birmingham Jan 1970

The Generality Of Neutral Principles: A Game-Theoretic Perspective, Robert L. Birmingham

Articles by Maurer Faculty

Eleven years ago Professor Wechsler first argued that constitutional adjudication should be based on neutral principles of general applicability that transcend the factual contexts of the cases in which they are announced. Since that time, legal scholars have been engaged in a continuing debate over both the meaning and the validity of Wechsler's thesis. Professor Birmingham adds a new perspective to this debate by analyzing neutrality and generality in terms of game theory.


Constitutional Reflections On Abortion Reform, Patrick L. Baude Jan 1970

Constitutional Reflections On Abortion Reform, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.


Recent Decisions Jan 1970

Recent Decisions

University of Richmond Law Review

This is a summary of the case law that was decided in 1970.


Prospectivity And Retroactivity Of Supreme Court Constitutional Interpretations Jan 1970

Prospectivity And Retroactivity Of Supreme Court Constitutional Interpretations

University of Richmond Law Review

The freedom of a court, state or federal, to define the limits of ad- herence to precedent has been sanctioned by the Supreme Court in both civil' and criminal cases. Accordingly, any decision can be made to apply to future cases or relate back to all past cases. In no other area of the law is such a decision more important than in the field of criminal procedure where the freedom of a convicted man can rest upon a decision to apply a new "rule" retroactively or prospectively. It is not surprising, therefore, that the majority of retroactivity cases involve …


The Supreme Court, The President And Congress, William F. Swindler Jan 1970

The Supreme Court, The President And Congress, William F. Swindler

Faculty Publications

No abstract provided.


Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar Jan 1970

Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Freedom Of Expression In Secondary Schools, Ann Aldrich, Joanne V. Sommers Jan 1970

Freedom Of Expression In Secondary Schools, Ann Aldrich, Joanne V. Sommers

Cleveland State Law Review

Guzick v. Drebus, currently under consideration on appeal to the United States Court of Appeals for the Sixth Circuit, raises important questions concerning the application of the First Amendment to secondary school students.