Digital Commons Network^™

66/09/21 Motion To Dismiss Appeal Filed As Of Right And Memorandum Opposing Jurisdiction, John T. Corrigan, Reuben M. Payne

Ohio Supreme Court

"The trial court properly found that there is a distinction between a frisk and a search, and that in the circumstances of this case the frisk preceded the arrest, and further, that the arrest and search in connection therewith were legal. The opinion of the Court of Appeals and the authorities cited therein support that conclusion. The defendant has not shown any valid reason why these findings should be disturbed. The motion for leave to appeal should therefore be overruled." From the Conclusion, page 14.

The First Amendment And The Suppression Of Warmongering Propaganda In The United States: Comments And Footnotes, William W. Van Alstyne

Faculty Publications

In an attempt to determine how the First Amendment may protect speakers’ rights to make inflammatory statements calling for violence against a sovereign, this article breaks down this larger question into three categories based on the speaker: the government, foreigners abroad, or American citizens.

Book Review Of Cases And Materials On Constitutional Law, Frank R. Strong

Journal of Legal Education

No abstract provided.

Constitutionality Of Conviction Under Narcotics Possession Statute, Anon

Washington Law Review

Defendant was convicted of the felony of possession of a narcotic without a prescription, and was sentenced to serve a maximum term of twenty years. Defendant claimed that, on the same facts, the prosecutor could have charged the defendant with the gross misdemeanor of illegal use of narcotic drugs. Defendant argued that this vests discretion in the prosecutor to charge either a felony or a gross misdemeanor, and that this discretion is violative of the equal protection clauses of the Washington and United States constitutions. On appeal, the Washington Supreme Court affirmed the conviction. Held: The gross misdemeanor of illegal …

Constitutional Law--Indigents' Waiver Of Counsel On Appeal, John I. Rogers Ii

West Virginia Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Robinson-Patman-Adoption of Physical Comparison Test To Determine "Like Grade or Quality"

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Antitrust--Tying Arrangement Held Unfair Method of Competition Under Section 5 of Federal Trade Commission Act Atlantic Refining Company agreed to promote

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Bankruptcy--Tax-Rights of a Trustee in Bankruptcy Against an Unrecorded Tax Lien

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Constitutional Law--Applicability of the Fourteenth Amendment to a Charitable Trust in Which a State Agency Was the Original Trustee

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Constitutional Law--Clandestine Surveillance of Public Toilet--Not an Unreasonable Search

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Criminal Law--Joint Trials--Admission of Confession Implicating Both Defendants Held Erroneous

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Evidence--No Cross-Examination of Defendant's Character Witnesses as to His Prior Arrests and Conviction …

Developments In The Law Of Libel: Impact Of The New York Times Rules, Arthur B. Hanson

William & Mary Law Review

No abstract provided.

The Criminal Justice Act Of 1964: A Critique, Robert P. Wolf

William & Mary Law Review

No abstract provided.

Constitutional Law - Admissibility Of Evidence - Reasonable Search And Seizure. Hawley V. Commonwealth, 206 Va. 479 (1965), Robert E. Scott

William & Mary Law Review

No abstract provided.

Constitutional Law--Appointment Of Constitutional Conventions, David Gail Hanlon

West Virginia Law Review

No abstract provided.

Book Review Of The Rights Of Property: A Commentary On The Constitution Of The United States, Landon G. Rockwell

Journal of Legal Education

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Advertising--Use of "Free," a Deceptive Practice Under the Federal Trade Commission Act

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Anti-Trust Law--Conspiracy To Subvert Competitor's Employees and Customers Violates Section 1 of the Sherman Act

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Conflict of Laws--Depositor's Request That Disposition of Foreign-Owned Funds Deposited In New York Bank Be Governed By New York Law Upheld as a Matter of Public Policy

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Constitutional Law--Applicability of Agricultural Adjustment Act of 1938 to Wheat Grown On State-Owned Farms

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Corporations--Dissolution of Close Corporation Not Granted On Mere Showing of Low Profits Insufficient To Provide Minority Shareholder With Adequate Return on Invested Capital

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Criminal Law--Illegal Searches and …

The Use Of Federal Habeas Corpus By State Prisoners, J. Deweese Carter

Washington and Lee Law Review

No abstract provided.

Governmental Immunity For Public Contractors Engaged In Blasting

Washington and Lee Law Review

No abstract provided.

Vignettes Of Legal History. Julius J. Marke., Charles P. Light, Jr.

Washington and Lee Law Review

No abstract provided.

Equal Justice Under Law, The Supreme Court In Americanlife. The Foundation Of The Federal Bar Association., John W. H. Stewart

Washington and Lee Law Review

No abstract provided.

A Handbook Of Federal Habeas Corpus. Ronald P. Sokol.

Washington and Lee Law Review

No abstract provided.

The Equal Protection Clause And Imprisonment Of The Indigent For Nonpayment Of Fines, Michigan Law Review

Michigan Law Review

The practice of imprisonment for failure to pay a fine levied for a criminal violation originated in twelfth-century England; its subsequent unanimous acceptance in the United States is manifested in the provisions in the statutes of every state and of the federal government authorizing imprisonment for nonpayment of fines. A few states not only commit the defendant to jail for nonpayment of the fine, but impose hard labor as well. Some states, however, have mitigated to a degree the harshness of the practice. For example, Arizona restricts the total period of confinement for the crime and the default of the …

Linkletter, Shott, And The Retroactivity Problem In Escobedo, J. Alan Galbraith

Michigan Law Review

Prior to the 1964 Supreme Court Term, decisions promulgating new constitutional rules were applied retroactively as a matter of course to final convictions. While dissents occasionally criticized the Court's failure to discuss the retroactive impact of a new constitutional rule, the potential effect upon final convictions of any single rule was not sufficiently acute to justify a departure from the normal grant of retroactivity. But the Court's decision in Mapp v. Ohio; which abruptly overturned Wolf v. Colorado and brought into doubt final state convictions resting upon illegally seized evidence admitted in reliance upon Wolf, caused courts and …

The Public Housing Administration And Discrimination In Federally Assisted Low-Rent Housing, Jordan D. Luttrell

Michigan Law Review

The Public Housing Administration is the federal agency primarily responsible for the administration of the federally assisted low-rent housing program. Since the expense of constructing low-rent housing unassisted by federal funds is prohibitive for state or local governments, this program accounts for practically all low-rent housing in the United States. Consequently, PHA has exercised, and continues to exercise, substantial influence on the development of the nation's low-rent housing.

66/02/11 Opinion, Eighth Judicial District Of Ohio, Court Of Appeals, Cuyahoga County, Samuel H. Silbert

Eighth Judicial District of Ohio, Court of Appeals, Cuyahoga County

Judges Samuel H. Silbert, Joseph A. Artl, and James Joseph Patrick Corrigan unanimously upheld Judge Bernard Friedman's decision in the Cuyahoga County Court of Common Pleas. The Appeals Court held that Detective Martin J. McFadden had validly found the gun carried by John Terry and had, at the moment of the arrest, adequate probable cause to arrest Terry.

Discrimination In The Hiring And Assignment Of Teachers In Public School Systems, Michigan Law Review

Michigan Law Review

In the Brown v. Board of Education decisions of 1954 and 1955, the United States Supreme Court made it clear that separate public school facilities for pupils of different races are inherently unequal and constitute a denial of the equal protection of the laws. While it was not altogether clear from the language of the opinions whether segregated faculties in public schools are also unconstitutional, subsequent lower court decisions have held that racial discrimination in the selection and assignment of teachers is forbidden.

Right To Counsel: A Perspective, Alan Macdonald, Gus James Ii

William & Mary Law Review

No abstract provided.

A New Constitutional Limit For Electronic Surveillance Cases, Allan Zaleski

William & Mary Law Review

No abstract provided.

Constitutional Law, John Ralph Kenrick

Duquesne Law Review

Initiative measure permitting discrimination in the sale or rental of private housing held to be "state action" in violation of the equal protection clause of the fourteenth amendment.

Mulkey v. Reitman, 413 P.2d 825 (1966), cert. granted, ___ U.S. ___ (1966) (No. 483).

Proof By Confession, O. John Rogge

Villanova Law Review (1956 - )

No abstract provided.

The Right Of Association And Subversive Organizations: In Quest Of A Concept, William T. Define

Villanova Law Review (1956 - )

No abstract provided.

Movie Censorship In Maryland - Trans-Lux Distrib. Corp. V. Maryland State Board Of Censors Dunn V. Maryland State Bd. Of Censors

Maryland Law Review

No abstract provided.

The Constitutional Rights Of Privacy - "A Sizable Hunk Of Liberty", Frank R. Goldstein

Maryland Law Review

No abstract provided.

A Prosecutor's View, Arlen Specter

Villanova Law Review (1956 - )

No abstract provided.