Digital Commons Network^™

Constitutional Law--Right To Public Trial--Total Exclusion Except The Bar And Press, Michael P. Cox

Kentucky Law Journal

No abstract provided.

Constitutional Law--Criminal Procedure--Right To Counsel On Appeal, Laura L. Murrell

Kentucky Law Journal

No abstract provided.

Constitutional Law--Cruel And Unusual Punishment--Criminal Prosecution Of A Chronic Alcoholic For Public Drunkenness, Charles R. Simons

Kentucky Law Journal

No abstract provided.

The North Carolina Speaker Ban Law: A Study In Context, William Bondurant, Richard Gift, Louise Nelson, Brown Patterson, Philip Secor, Locke White

Kentucky Law Journal

No abstract provided.

The Right To Bear Arms: A Phenomenon Of Constitutional History, Ralph J. Rohner

Scholarly Articles

Most discussions of the right to bear arms-however superficial-begin by noting the specific language of the second amendment to the United States Constitution, which provides:

A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.

And in various similar provisions, the constitutions of thirty-five states guarantee expressly the right to bear arms. Though it is submitted below that there may be significant distinctions between the protection afforded by the federal and state constitutions, for our purposes here we are concerned primarily with the …

The Conscientious Objector Exemption As An Establishment And An Accommodation Of Religion, Raymond B. Marcin

Scholarly Articles

No abstract provided.

Note On Elfbrandt V. Russell And Loyalty Oaths, Jethro K. Lieberman

Articles & Chapters

No abstract provided.

A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar

Articles

F the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer3 are any indication, Miranda v. Arizona' has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.

Book Review Of Constitutional Law: Cases - Comments - Questions, Lawrence G. Wallace

Journal of Legal Education

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Mexican Bilateral Divorce Decree Recognized Even Though Neither Party was a Mexican Domiciliary At Time of Divorce

=============================

Constitutional Law--Section 504 of LMRDA a Bill of Attainder

=============================

Corporations--DeFacto Merger--Dissenters' Rights--Construction of Merger and Amendment Statutes

=============================

Criminal Law--Search and Seizure--Standing Granted for Dyer Act Prosecutions Without Allegation of Possession

=============================

Damages--Restitutionary Relief for Breach of Contract Granted Under the Tucker Act to a Government Contractor

=============================

Federal Employers' Liability Act--Applicability of "In Whole or in Part" Rule of Proximate Cause to Employer's Efforts To Prove Contributory Negligence Plaintiff brought suit under the Federal Employers' Liability Act'

============================= …

The Rights Of Prisoners While Incarcerated, David Gerald Jay

Buffalo Law Review

No abstract provided.

Privacy In Connecticut, Arthur E. Sutherland

Michigan Law Review

Occasionally a judgment of our Supreme Court, delivered in a superficially petty case, suddenly before our startled eyes displays fundamentals of our constitutional theory. Thus, in Griswold v. Connecticut, holding unconstitutional an 1879 Connecticut statute forbidding all persons to use contraceptive devices, the Court found it necessary to discover a "right of privacy" latent in the Bill of Rights and incorporated into the due process clause of the fourteenth amendment. The outcome of the case is satisfying; all nine Justices joined in saying, in one way or another, that Connecticut's statute was nonsense. I am happy to see this …

Constitutional Law—Price Regulation Of Liquor Industry Not Violative Of Due Process Of Law, Charles E. Milch

Buffalo Law Review

Joseph E. Seagram and Sons, Inc. v. Hostetter, 16 N.Y. 47, 209 N.E.2d 701, 262 N.Y.S.2d 75, cert. granted, 34 U.S.L. Week 3179 (U.S. Nov. 23, 1965).

Constitutional Law—Inspections And The Warrant Requirement—Warrant Required In Zoning Inspections Where Purpose Is To Gather Evidence For A Criminal Prosecution, George Wallach

Buffalo Law Review

People v. Laverne, 14 N.Y.2d 304, 200 N.E.2d 441, 251 N.Y.S.2d 452 (1964).

Constitutional Law--Freedom Of Religion And The Police Power, Hazel Armenta Straub

West Virginia Law Review

No abstract provided.

Constitutional And Statutory Bases Of Governors' Emergency Powers, F. David Trickey

Michigan Law Review

The primary source of executive emergency power is the state constitution, although statutes often codify the constitutional executive emergency authority and occasionally delegate additional legislative police powers to the governor. Most governors are authorized to respond to public emergencies with a variety of extraordinary emergency measures. This study of state constitutional and statutory emergency power provisions has been undertaken in an attempt to evaluate the sources and scope of governors' emergency powers, as well as the limitations upon those powers. Its primary focus will be upon the extreme breadth of executive emergency authority and, in particular, upon the power to …

The Griswold Penumbra: Constitutional Charter For An Expanded Law Of Privacy?, Robert G. Dixon Jr.

Michigan Law Review

The comments that follow are divided into a brief review, for purposes of perspective, of the elusive nature of "privacy" as developed in American law to date, and an attempted rigorous analysis of the privacy aspects of Griswold. A final section suggests that effectuation of the new constitutional right of marital privacy necessarily or derivatively implies a corollary right of access to birth control information and devices-a right which should have been more clearly articulated by the Court.

Nine Justices In Search Of A Doctrine, Thomas I. Emerson

Michigan Law Review

To the ordinary layman, Griswold v. Connecticut seemed easy. But to the lawyer it was somewhat more difficult. The lawyer's problem with the case was that the issues did not readily fit into any existing legal pigeonhole. Actually, there were five possibilities. The case could have been dealt with under the equal protection clause, the first amendment, substantive due process, the right of privacy, or, in extremis, the ninth amendment. In order to strike down the statute under any of these doctrines, however, the Court would be forced to enter uncharted waters. Whatever course the Court took, its action …

Penumbras, Peripheries, Emanations, Things Fundamental And Things Forgotten: The Griswold Case, Paul G. Kauper

Michigan Law Review

The varying theories followed in the several opinions in the Griswold case can be fully understood and appreciated only in the context of the tortuous but fascinating history of the judicial interpretation of the fourteenth amendment.

The Right Of Privacy: Emanations And Intimations, Robert B. Mckay

Michigan Law Review

When Louis Brandeis and Samuel Warren wrote in 1890 of "The Right to Privacy," they sought a means of protecting against unwelcome newspaper attention to social activities in the Warren household. Addressing their argument to the private law of torts, they presumably did not anticipate constitutional protection for other rights under the claim of privacy. Nevertheless, seventy· five years later that concept, now called the "right of privacy," was used by the Supreme Court of the United States in Griswold v. Connecticut to describe a constitutional right. Some members of the Court said the new right was within the "penumbra" …

Boles: The Bible, Religion And The Public Schools, Arthur E. Sutherland

Michigan Law Review

A Review of The Bible, Religion and the Public Schools (3d ed) by Donald E. Boles

Characterization Of Interstate Arrangements: When Is A Compact Not A Compact, David E. Engdahl

Michigan Law Review

The real increase in the use of "compacts" is still very recent, so there has as yet been little significant litigation concerning these instruments. For this reason, relatively few lawyers have had sufficient exposure to the subject to discover what an unhappy state the law of "compacts" is in. However, if the present trend toward their increased use continues, interstate authorities and agencies founded upon "compacts" may be expected to become as familiar to the average lawyer as conventional governmental agencies are today. This article is not intended to anticipate all of the legal problems which are sure to arise …

Evidence Illegally Seized By Private Persons Excluded From Criminal Prosecution--People V. Mccomb, Michigan Law Review

Michigan Law Review

At common law, illegally seized evidence was admissible on the theory that the nature of the seizure did not necessarily affect the probative value of the evidence. However, in 1914 the United States Supreme Court, in order to protect the fourth amendment's guarantee of freedom from unreasonable searches and seizures, adopted a rule excluding from federal courts evidence illegally seized by federal officials. In 1961, the scope of this rule was extended by Mapp v. Ohio, which held that all evidence obtained in violation of the fourth amendment is inadmissible in state courts. However, the Mapp doctrine applies only …

Yeredor V. Chairman Of The Central Elections Committee For The Sixth Knesset, Haim Herman Cohn, Shimon Agranat, Yoel Sussman

Translated Opinions

The Central Elections Committee for the Sixth Knesset refused to confirm the “Socialists’ List” because “this list of candidates is unlawful as its initiators deny the territorial integrity of the State of Israel and its very existence.” The material that was before the Committee clearly reflected that most of the candidates on the relevant list were members of the “El Ard” movement whose purposes were described by the Israeli Supreme Court as completely and absolutely denying the existence of the State of Israel in general, and its existence within its borders in particular.

In denying the appeal, the Supreme Court …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Advertising--Undisclosed Use of Simulations In Television Commercials--a Deceptive Practice

==============================

Antitrust Law--News Service Package Contract, a Tying Arrangement under Section I of the Sherman Act

==============================

Antitrust--Union-Employer Agreements as to Labor Demands To Be Sought From Other Employers

==============================

Constitutional Law--Laws Prohibiting the Use of Contraceptives by Married Couples for the Prevention of Conception Are Unconstitutional

==============================

Constitutional Law--Rights of Addressee To Receive "Communist Political Propaganda" Protected Under First Amendment

==============================

Federal Courts--Erie Doctrine Not the Test for Applicability of Federal Rules of Civil Procedure

==============================

Constitutional Law--Televising of Criminal Trials Held Violative of the Right to a Fair Trial …

Constitutional Law—Local Law Setting Residence Requirements For Local Police Officers Invalid As Conflicting With Valid State Statute, David M. Brown

Buffalo Law Review

Hesselgrave v. King, 45 Misc. 2d 256, 256 N.Y.S.2d 753 (Sup. Ct. 1965).

Future Interests—Application Of Statute To Bar Enforcement Of Matured Reverter Held Unconstitutional, Alan A. Ransom

Buffalo Law Review

Board of Educ. v. Miles, 15 N.Y.2d 364, 207 N.E.2d 181, 259 N.Y.S.2d 129 (1965).

Search Of Automobile After Arrest For A Traffic Violation

Washington and Lee Law Review

No abstract provided.

Minobe Tatsukichi: Interpreter Of Constitutionalism In Japan, By Frank O. Miller, John M. Maki

Washington Law Review

No abstract provided.

Book Reviews, Daniel G. Partan, Kenneth S. Carlston, Bernard A. Ramundo, S. A. Mccarthy, Cornelius J. Peck

Journal of Legal Education

No abstract provided.