Digital Commons Network^™

Commentary, An Ode To Rejection, Aaron Twerski

Faculty Scholarship

No abstract provided.

Do Police Sometimes Practice 'Civil Disobedience', Too?, Yale Kamisar

Articles

In a recent address, Mr. Joseph J. Casper, Assistant Director of the FBI, asserted that "a society living under the rule of law cannot permit persons to choose the Jaws which they will obey and the Jaws which they will break." But on reading the rest of his speech, one wonders whether he would strenuously object if the police were permitted to select the laws which they must obey and those they may disregard.

The Release Of Government-Owned Technical Data Under The Freedom Of Information Law: Between Scylla And Charybdis, James A. Dobkin

Villanova Law Review (1956 - )

No abstract provided.

The Difficult Quest For A Truly Humane Abortion Law, Donald A. Giannella

Villanova Law Review (1956 - )

No abstract provided.

Comment, Neal R. Peirce

Villanova Law Review (1956 - )

No abstract provided.

Criminal Procedure—The Inapplicability Of General Principles Of Search And Seizure Incident To A Lawful Arrest To Those Arrested For Traffic Infractions, Mark A. Hulnick

Buffalo Law Review

People v. Marsh, 20 N.Y.2d 98, 228 N.E.2d 783, 281 N.Y.S.2d 792 (1967).

Constitutional Law—Anti-Miscegenation Statutes Held To Violate Equal Protection And Due Process, Donald W. Merritt

Buffalo Law Review

Loving v. Virginia, 388 U.S. 1 (1967), rev'g 206 Va. 924, 147 S.E.2d 78 (1966).

Constitutional Law—One Year Residence Requirement To Be Eligible For State Welfare: A Denial Of Both Equal Protection And Freedom Of Travel, Robert M. Feinson

Buffalo Law Review

Thompson v. Shapiro, 270 F. Supp. 331 (D. Conn. 1967), appeal docketed, 36 U.S.L.W. 3214 (U.S. Nov. 13, 1967) (No. 813).

Constitutional Law (1959-1967), Dudley Warner Woodbridge

Virginia Bar Notes

No abstract provided.

Constitutional Law (1959-1967), Dudley Warner Woodbridge

Virginia Bar Notes

No abstract provided.

The First Amendment And Protection Of Reputation And Privacy--New York Times Co. V. Sullivan And How It Grew, William O. Bertelsman

Kentucky Law Journal

No abstract provided.

Constitutional Law--First Amendment Freedoms--Kentucky Un-American Activities Committee, J. Dan Kemp

Kentucky Law Journal

No abstract provided.

The Truth-In-Negotiations Act – An Examination Of Defective Pricing In Government Contracts, Michael J. Graetz

Faculty Scholarship

Charges of excessive profitmaking on government contracts have issued from the Senate floor and the nation's press and have provided the impetus for recent congressional investigations and proposals for remedial legislation. Profiteering by government contractors is a problem of potentially enormous dimensions since purchases by the federal government total more than seventy-seven billion dollars – over ten per cent of the gross national product. Because the greatest part of these purchases are made by the Department of Defense, congressional action aimed at minimizing excessive profits has focused upon Defense Department procurement activities under the Armed Services Procurement Act (ASPA).

The Demise Of The Right-Privilege Distinction In Constitutional Law, William W. Van Alstyne

Faculty Scholarship

The right-privilege distinction, as it appeared in an early statement by Justice Holmes, has long hampered individuals within the public sector in protecting themselves against arbitrary governmental action. In this article Professor Van Alstyne reviews the uses and misuses to which the "privilege" concept has been put and then examines those doctrines whose flanking attacks have gradually eroded its efficacy. But none of these doctrines comes to grips with Holmes' basic idea of a "privilege" to which substantive due process is inapplicable. Applying Holmes' own jurisprudence, the author argues that the concept of "privilege" is today no longer viable, and …

The Judicial Trend Toward Student Academic Freedom, William W. Van Alstyne

Faculty Scholarship

This analysis references the growing likelihood that even “private” colleges and universities may be viewed as state actors due to these institutions growing reliance on public funds and their performance of what is often considered a public function. Under this treatment, this examination discusses the growing sphere of student rights.

The Student As University Resident, William W. Van Alstyne

Faculty Scholarship

This examination argues that the position that a student’s rights are determined by whether he lives on or off-campus is unraveled by the institution’s position as a state actor. This article disposes of the notion that the university is equivalent to a landlord in property and contract rights and discusses how this distinction affects students’ rights.

Labor Law Decisions Of The Supreme Court, October Term 1967-68, Charles H. Livengood Jr.

Faculty Scholarship

No abstract provided.

The Eleventh Amendment: Adoption And Interpretation, Doyle Mathis

Georgia Law Review

One of the controversies involving the states and the federal government is the question of suits against the states, brought by citizens of other states in the federal courts. This controversy is centered around the United States Supreme Court decision in Chisholm v. Georgia and the eleventh amendment to the United States Constitu- tion. This article is a study of the events leading to the adoption of the eleventh amendment and the subsequent attempts to gain access to the federal courts in such cases. An effort is made also to clarify Supreme Court interpretation of the eleventh amendment by considering …

Substantive Due Process And Felony Treatment Of Pot Smokers: The Current Conflict, F.H. Von U.

Georgia Law Review

The Supreme Court, in recent years, has consistently reaffirmed a trend toward a fuller recognition of individual liberties. When these cherished incidents of American citizenship have conflicted with the real or imagined needs of society, the Court has applied a vital and expanding concept of due process to determine the proper balance of interests. It is now recognized that the State must demonstrate a truly rational basis for punishing individual conduct, aid where proscriptive rather than regulatory measures are enacted, legislation must carefully avoid jeopardizing harmless conduct, however offensive to public taste. Restrictive legislation must be grounded in fact, and …

The Continuing Challenge Of The Fourteenth Amendment, Thurgood Marshall

Georgia Law Review

I HAVE come here to Athens tonight to help you commemorate a great event of the past. This year marks the centennial of an occurrence which has had, and will continue to have, great impact on the people in this room. It was in 1868, on July 28 to be exact, that Secretary of State Seward certified that the fourteenth amendment had been ratified by three-quarters of the states and had become part of the Constitution. This event is not simply an isolated historical landmark for the students of this school. Historically, the ratification of the Civil War Amendments marked …

The Judicial Trend Toward Student Academic Freedom, William W. Van Alstyne

Faculty Publications

This analysis references the growing likelihood that even “private” colleges and universities may be viewed as state actors due to these institutions growing reliance on public funds and their performance of what is often considered a public function. Given such, this examination discusses the growing sphere of student rights.

The Demise Of The Right-Privilege Distinction In Constitutional Law, William W. Van Alstyne

Faculty Publications

The right-privilege distinction, as it appeared in an early statement by Justice Holmes, has long hampered individuals within the public sector in protecting themselves against arbitrary governmental action. In this article Professor Van Alstyne reviews the uses and misuses to which the "privilege" concept has been put and then examines those doctrines whose flanking attacks have gradually eroded its efficacy. But none of these doctrines comes to grips with Holmes' basic idea of a "privilege" to which substantive due process is inapplicable. Applying Holmes' own jurisprudence, the author argues that the concept of "privilege" is today no longer viable, and …

67/12/12 Oral Arguments Before The Us Supreme Court, Louis Stokes, Reuben M. Payne, Earl Warren, Hugo L. Black, William O. Douglas, John M. Harlan, William J. Brennan Jr., Potter Stewart, Byron R. White, Abe Fortas, Thurgood Marshall

United States Supreme Court

Tuesday, December 12, 1967 oral arguments before the United States Supreme Court.

Constitutional Law--Administrative Searches, John Reed Homburg

West Virginia Law Review

No abstract provided.

Constitutional Law--Who May Constitutionally Issue A Warrant?, Daniel L. Schofield

West Virginia Law Review

No abstract provided.

Juvenile Delinquency--Jurisdiction--Double Jeopardy, John Woodville Hatcher

West Virginia Law Review

No abstract provided.

Poverty And Legalty: The Law's Slow Awakening, Walter Gellhorn

William & Mary Law Review

No abstract provided.

Sex Publications And Moral Corruption: The Supreme Court Dilemma, Erwin A. Elias

William & Mary Law Review

No abstract provided.

Constitutional Rights Of Juveniles: Gault And Its Application, Karen L. Atkinson

William & Mary Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Agency Franchise Agreements Are Reasonable Trade Restraints Under Sherman Act While Restraints Following Sale Are Per Se Unlawful

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Antitrust--Product Extension Merger in Violation of Section 7 of the Clayton Act

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Constitutional Law--Reapportionment-Principle of "One Man, One Vote" Not Applicable to Appointed County School Board Performing Administrative Function

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Labor Law--Union Empowered To Expel Member for Failure To Exhaust Union Appellate Remedies

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Taxation--Federal Estate Taxation-State Trial Court Judgments on Property Rights Not Conclusive on Federal Courts Adjudicating Federal Tax Consequences

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Taxation--Federal Income Tax--Effect of Close Corporation Voting Trust on Right to Subchapter S Election