Digital Commons Network^™

Voting Rights Of Americans Abroad, Kenneth M. Davidson

Buffalo Law Review

No abstract provided.

The New York And Federal Constitutional Standards In Relation To Governmental Aid To Private Education, Helen M. Kaney

Buffalo Law Review

No abstract provided.

Constitutional Law—1866 Civil Rights Act Held Constitutional Under The Thirteenth Amendment, Howard E. Fenton

Buffalo Law Review

Jones v. Mayer Co., 392 U.S. 409 (1968).

Personal Privacy In The Computer Age: The Challenge Of A New Technology In An Information-Oriented Society, Arthur R. Miller

Michigan Law Review

The purpose of this Article is to survey the new technology's implications for personal privacy and to evaluate the contemporary common-law and statutory pattern relating to data-handling. In the course of this examination, it will appraise the existing framework's capacity to deal with the problems created by society's growing awareness of the primordial character of information. The Article is intended to be suggestive; any attempt at definitiveness would be premature. Avowedly, it was written with the bias of one who believes that the new information technology has enormous long-range societal implications and who is concerned about the consequences of the …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust-Informal Price--Information Exchanges Held Violative of Sherman Act

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Conflict of Laws--"Contacts" Doctrine Applied to Supplement Federal Maritime Law in Diversity Action

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Constitutional Law--Fourteenth Amendment Prohibits Extended Postponement of Parole Consideration for State Inmate When Made on the Basis of an Unreliable Factual Determination

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Labor Law--Collective Bargaining-Employer May Not Enforce Collective Bargaining Agreement Provision Embodying Union Waiver of Employee's Right to Solicit Against That Union

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Labor Law-Remedies--NLRB May Order Retroactive Payment of Fringe Benefits Where Employer Wrongfully Refuses to Sign Collective Bargaining Agreement

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Religious Societies--First Amendment Prohibits Civil Courts From Determining Doctrinal Questions in Resolving Church …

Due Process And The Juvenile Offender., Carlos Cadena

St. Mary's Law Journal

For over sixty years, courts consistently found notions of due process inapplicable in juvenile proceedings. The goal of the juvenile court movement was to establish systems of education and protection of errant children, rather than deterrence and retribution. To accomplish these results, the juvenile court was shorn of all resemblance to criminal courts. Public hearings were to be avoided and the intervention of counsel was not required, since the juvenile judge represented both the child and the state. However, it became clear that children were receiving the protection of the state because they engaged in criminal conduct and with little …

Right To Counsel And The Selective Service System, Anthony Gaeta Jr.

William & Mary Law Review

No abstract provided.

Constitutional Law--Procedural Due Process--Right To Counsel At College Disciplinary Hearings, Gary Gordon Markham, Larry Andrew Winter

West Virginia Law Review

No abstract provided.

Constitutional Law--Validity Of Safety Helment Requirements, William Alex Tantilinger

West Virginia Law Review

No abstract provided.

Levy: Origins Of The Fifth Amendment, O. John Rogge

Michigan Law Review

A Review of Origins of the Fifth Amendment by Leonard W. Levy

Association Of Engineers And Architects In Israel V. Minister Of Labor, Yoel Sussman, Yitzhak Kister, Eliyahu Manny

Translated Opinions

The Engineers and Architects Law, 1958, established a procedure for the registration of engineers and architects. It also provided that the Minister of Labour may frame regulations, after consulting with the Council of Engineering and Architecture, reserving certain activities to registered engineers and architects, which would have the effect of forbidding others with less training and experience from engaging in such activities. The Minister published such regulations, after due consultation, but postponed the date of their implementation several times. The Petitioners complain that such delay of the implementation of the regulations is unlawful.

The court issued an order nisi, directing …

Constitutional Law - Qualifications Of Congressmen, Elmer S. Beatty

Duquesne Law Review

The Supreme Court of the United States has held that Congress, in judging the qualifications of its members, is limited to the standing qualifications prescribed by the Constitution.

Powell v. McCormack, 89 S. Ct. 1944 (1969).

Constitutional Law - Right To Travel, Patrick J. Kearney

Duquesne Law Review

The United States Supreme Court has held that state residency requirements for eligibility under federal welfare assistance programs are unconstitutional because they restrict the right to travel.

Shapiro v. Thompson, 89 S. Ct. 1322 (1969).

Constitutional Supremacy: An Early Advocate Of Judicial Review, Leonard B. Rosenberg

Duquesne Law Review

It has often been said that judicial review is a necessary ingredient in a federated system, for supremacy must reside somewhere; and that in the American system, with its additional tripartite structure, it is an absolute necessity. Even critics of judicial review generally agree that the power of the Supreme Court over acts of state legislatures and state courts, as contradistinguished from its power over congressional legislation and presidential activities, is essential to the American political system and, in addition, is a constitutional directive (Article VI-the "supremacy clause").

Constitutional Law—Cruel And Unusual Punishment—Conviction Of A Chronic Alcoholic For Public Intoxication Not Violative Of Eighth Amendment Proscription Of Cruel And Unusual Punishment, Robert E. Keller

Buffalo Law Review

Powell v. Texas, 392 U.S. 514 (1968).

Constitutional Law—State Trespassory Laws Are Insufficient Basis For Abridging A Union’S First Amendment Right To Picket In A Shopping Center., Robert S. Scalione

Buffalo Law Review

Amalgamated Food Employees Union Local 590 et al. v. Logan Valley Plaza, Inc., et al., 391 U.S. 308 (1968).

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Draft Card Burning, Robert M. Phillips

Cleveland State Law Review

It has long been recognized by the courts that not only written and spoken words," but certain acts and conduct will likewise be considered a form of speech protected under the First Amendment. However, it has been difficult for the courts to determine exactly what type of conduct or action is acceptable and thus protected as "symbolic" speech,and those which are objectionable in that they contravene public policy. This exact difficulty arose in two of the present cases. The Miller Court found that it could not determine whether willful burning of a draft card was speech; nevertheless it was punishable. …

The Proper Standard For Directed Verdicts In The Federal Courts: The Influences Of The Seventh Amendment And The Erie Doctrine, Ward T. Williams

Villanova Law Review (1956 - )

No abstract provided.

Imprisonment Of Indigents For Non-Payment Of Fines: Equal Protection Or Substitute Punishment? - Morris V. Schoonfield

Maryland Law Review

No abstract provided.

Requiring Indigent Seeking Divorce To Pay Cost Of Service By Publication Held Denial Of Equal Access To Courts - Jeffreys V. Jeffreys

Maryland Law Review

No abstract provided.

Title Vii In The Federal Courts - Private Or Public Law - Part Ii, Robert J. Affeldt

Villanova Law Review (1956 - )

No abstract provided.

A Constitution For Every Man, William W. Van Alstyne

Faculty Publications

This review praises the collection of essays presented during the one hundredth anniversary of the ratification of the Fourteenth Amendment. The works expand on previous scholarship regarding the Fourteenth Amendment and provides a thorough understanding with smooth transitions through the Amendment’s different complexities and its history.

Comment On Powell V. Mccormack, Terrance Sandalow

Articles

The rapid pace of constitutional change during the past decade has blunted our capacity for surprise at Supreme Court decisions. Nevertheless, Powell v. McCormack is a surprising decision. Avoidance of politically explosive controversies was not one of the most notable characteristics of the Warren Court. And yet, it is one thing for the Court to do battle with the Congress in the service of important practical ends or when the necessity of doing so is thrust upon it by the need to discharge its traditional responsibilities. It is quite another to tilt at windmills, especially at a time when the …

Bail As A Preferred Freedom And The Failures Of New York's Revision, Neil Fabricant

Buffalo Law Review

No abstract provided.

Constitutional Law—New York State’S Textbook Loan Law Not A Law Respecting An Establishment Of Religion In Violation Of The First And Fourteenth Amendments Of The United States Constitution, Jerold S. Yale

Buffalo Law Review

Board of Education of Central District No. 1 v. Allen, 392 U.S. 236 (1968).

Constitutional Law—Commerce Clause—Federal Wage And Hour Regulation Of State Operated Facilities Within Power Granted To Congress In The Commerce Clause, Theodore S. Kantor

Buffalo Law Review

Maryland v. Wirtz, 392 U.S. 183 (1968).

Admiralty--Punitive Damages Awarded, P. B. S., J. V. K., W. E. H.

Vanderbilt Journal of Transnational Law

Admiralty--Punitive Damages Awarded under the Jones Act

P.B.S.

Subpoena of Documents Located in Foreign Jurisdictions Where Compliance Subjects Witness to Civil or Criminal Sanctions in Foreign State

J.V.K.

Release of American Serviceman to Foreign Court for Trial is not Violative of Due Process Where Substantial United States Constitutional Guarantees are Provided by Foreign Court

W. E. H.

Journalistic Media And Fair Trial, William M. Ware, Gerard D. Dimarco

Cleveland State Law Review

The rights of an accused to a fair trial, and freedom of the press, both are fundamental rights guaranteed by the Federal Constitution. Yet these constitutional guarantees, in collision, present one of the most critical current conflicts in the administration of criminal justice. The problem involves what is presently called "prejudicial news reporting" -news which is prejudicial to the right of the defendant to a fair trial. This paper will try to analyze this conflict, hoping to reach some conclusions which will ultimately aid in the administration of justice without abridging the rights of any parties involved.