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Constitutional Law

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Introduction, Joseph O'Meara Jan 1964

Introduction, Joseph O'Meara

Journal Articles

A symposium was held on February 29, 1964, devoted to the constitutional amendments proposed by the Council of State Governments. Very briefly these amendments would (1) vest power to amend the Constitution in State legislatures; (2) set up a "Court of the Union," composed of the chief justice of the supreme court of each of the 50 states, which would have authority to review "any judgment of the Supreme Court relating to the rights reserved to the states or to the people by this Constitution"; (3) take from the federal courts all jurisdiction over the apportionment of representation in State …


Constitutional Law - Compulsory Line Up By Police Violates Equal Protection Clause Of Fourteenth Amendment, Richard C. Angino Jan 1964

Constitutional Law - Compulsory Line Up By Police Violates Equal Protection Clause Of Fourteenth Amendment, Richard C. Angino

Villanova Law Review (1956 - )

No abstract provided.


Conflict Of Laws - Res Judicata - State's Determination Of Subject Matter Jurisdiction Must Be Given Full Faith And Credit, William B. Freilich Jan 1964

Conflict Of Laws - Res Judicata - State's Determination Of Subject Matter Jurisdiction Must Be Given Full Faith And Credit, William B. Freilich

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - Motion Picture Censorship - Artistic Merit Of Film As Whole Not Sufficient To Redeem Obscene Parts, Christopher J. Clark Jan 1964

Constitutional Law - Motion Picture Censorship - Artistic Merit Of Film As Whole Not Sufficient To Redeem Obscene Parts, Christopher J. Clark

Villanova Law Review (1956 - )

No abstract provided.


Military Chaplains - A Constitutionally Permissible Accommodation Between Church And State, M. Albert Figinski Jan 1964

Military Chaplains - A Constitutionally Permissible Accommodation Between Church And State, M. Albert Figinski

Maryland Law Review

No abstract provided.


De Facto Segregation - The Elusive Spectre Of Brown, William B. Freilich Jan 1964

De Facto Segregation - The Elusive Spectre Of Brown, William B. Freilich

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - Discrimination - State Judiciary Precluded From Enforcing A Criminal Trespass Pursuant To A Restaurateur's Discriminatory Refusal To Serve And The Patron's Refusal To Leave, Robert M. Schwartz Jan 1964

Constitutional Law - Discrimination - State Judiciary Precluded From Enforcing A Criminal Trespass Pursuant To A Restaurateur's Discriminatory Refusal To Serve And The Patron's Refusal To Leave, Robert M. Schwartz

Villanova Law Review (1956 - )

No abstract provided.


Legal Idealism And Constitutional Law, James A. Gardner Jan 1964

Legal Idealism And Constitutional Law, James A. Gardner

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - Freedom Of Religion - Blood Transfusions May Be Administered To Expectant Mother Despite Her Religious Objections If Necessary To Save Her Life Or That Of Her Child, Edward Gerald Donnelly Jr. Jan 1964

Constitutional Law - Freedom Of Religion - Blood Transfusions May Be Administered To Expectant Mother Despite Her Religious Objections If Necessary To Save Her Life Or That Of Her Child, Edward Gerald Donnelly Jr.

Villanova Law Review (1956 - )

No abstract provided.


Veterans' Benefits, Judicial Review, And The Constitutional Problems Of Positive Government, Frederick Davis Jan 1964

Veterans' Benefits, Judicial Review, And The Constitutional Problems Of Positive Government, Frederick Davis

Indiana Law Journal

No abstract provided.


The Role Of Law In Regulating Discrimination In Places Of Public Accommodation, Thomas P. Lewis Jan 1964

The Role Of Law In Regulating Discrimination In Places Of Public Accommodation, Thomas P. Lewis

Buffalo Law Review

No abstract provided.


Comment On Professor Lewis' Paper, Jo Desha Lucas Jan 1964

Comment On Professor Lewis' Paper, Jo Desha Lucas

Buffalo Law Review

No abstract provided.


Comment On Professor Lewis' Paper, Robert F. Drinan Jan 1964

Comment On Professor Lewis' Paper, Robert F. Drinan

Buffalo Law Review

No abstract provided.


The Stereotype: Hard Core Of Racism, Louis Lusky Jan 1964

The Stereotype: Hard Core Of Racism, Louis Lusky

Buffalo Law Review

No abstract provided.


Freedom Of Conscience And Compulsory Military Service, William A. Carnahan Jan 1964

Freedom Of Conscience And Compulsory Military Service, William A. Carnahan

Buffalo Law Review

No abstract provided.


The Constitution And The Emergency Detention Act Of 1950, Thomas C. Mack Jan 1964

The Constitution And The Emergency Detention Act Of 1950, Thomas C. Mack

Buffalo Law Review

No abstract provided.


Review Of The Supreme Court On Trial, By C. S. Hyneman., Jerold H. Israel Jan 1964

Review Of The Supreme Court On Trial, By C. S. Hyneman., Jerold H. Israel

Reviews

Professor Hyneman's book represents still another entry in the current debate over the proper role of judicial review in a democratic society.' Although he approaches this subject via an analysis of several recent attacks upon the United States Supreme Court, Professor Hyneman essentially deals with the same topics-the legitimacy of judicial review, the proper standards applicable to constitutional adjudication, and the alleged departure of the school segregation cases2 from those standards-that have served as the subject of several books and at least a score of articles published within the past five years.3 Indeed the writing in this area has grown …


Criminal Law - Prosecutor Calling A Witness To The Stand For The Purpose Of Exacting A Claim Of The Privilege Against Self-Incrimination Is Not Prejudicial Error (Namet V. United States, United States Supreme Court 1963), G. Dennis Adams Jan 1964

Criminal Law - Prosecutor Calling A Witness To The Stand For The Purpose Of Exacting A Claim Of The Privilege Against Self-Incrimination Is Not Prejudicial Error (Namet V. United States, United States Supreme Court 1963), G. Dennis Adams

San Diego Law Review

Namet and Mr. and Mrs. Kahn were charged with violation of a federal wagering tax law. Prior to the trial the Kahns pleaded guilty. Namet persisted in his innocence and was brought to trial. The prosecutor called Mrs. Kahn as a witness. She refused to testify, asserting her privilege against self-incrimination. The court ruled that since she had pleaded guilty she must answer questions concerning her own gambling activities, but as to third persons her privilege still existed. After this ruling the prosecutor made no attempt to connect Mrs. Kahn with Namet. Later the prosecutor called Mr. Kahn. After a …


The Supreme Court On Trial, William W. Van Alstyne Jan 1964

The Supreme Court On Trial, William W. Van Alstyne

Faculty Publications

This review of The Supreme Court on Trial questions why the work’s tackling the age-old issues of the source of judicial review and its constitutionality is particularly novel or unique from other such examinations. Issue is also taken with Brown v. Boards dominance of such discussion and the book’s poor treatment of the desegregation cases.


Constitutional Law-Self-Incrimination- Denial Of Privilege To General Partner Holding Subpoenaed Books And Records Of Limited Partnership, Roger L. Mcmanus Jan 1964

Constitutional Law-Self-Incrimination- Denial Of Privilege To General Partner Holding Subpoenaed Books And Records Of Limited Partnership, Roger L. Mcmanus

Michigan Law Review

A special agent of the Internal Revenue Service sought enumerated books and records of four New York limited partnerships in connection with petitioner's tax liability for prior years. A subpoena duces tecum was issued directing petitioner to produce the records, which were in his possession as general partner. Petitioner, his son, and his son-in-law were the general partners of each limited partnership involved, with limited partners ranging from twenty-five to 119 in number and capitalization from 225,000 dollars to 2,740,000 dollars. The partnerships, together with a management company, were housed in a single office with a staff of one secretary. …


The Establishment Clause And The Ecumenical Movement, Robert C. Casad Jan 1964

The Establishment Clause And The Ecumenical Movement, Robert C. Casad

Michigan Law Review

In recent years the Roman Catholic Church has begun to give tentative official support to the view that eventual reconciliation with the Protestants is feasible and desirable. The acceptance of the ecumenical ideal by the Roman Catholic Church removes virtually all doubt that in the ecumenical movement organized Christianity is facing an upheaval of major importance, comparable perhaps to the Reformation. It is not likely to lose force after a few years, as so many minor religious movements do. It is definitely under way, gaining momentum year by year. It is bound to have far-reaching effects and give rise to …


The Powers Of Home Rule Cities In Colorado, Howard C. Klemme Jan 1964

The Powers Of Home Rule Cities In Colorado, Howard C. Klemme

Publications

No abstract provided.


Constitutional Law--Sunday Closing Law--Void For Vagueness, Mark E. Gormley Jan 1964

Constitutional Law--Sunday Closing Law--Void For Vagueness, Mark E. Gormley

Kentucky Law Journal

No abstract provided.


Constitutional Law--Due Process Of The Fourteenth Amendment--Right To Counsel In Non-Capital State Felony Prosecutions, Marvin Lee Henderson Jan 1964

Constitutional Law--Due Process Of The Fourteenth Amendment--Right To Counsel In Non-Capital State Felony Prosecutions, Marvin Lee Henderson

Kentucky Law Journal

No abstract provided.


Minority Representation: A Political Or Judicial Question, Malcolm E. Jewell Jan 1964

Minority Representation: A Political Or Judicial Question, Malcolm E. Jewell

Kentucky Law Journal

No abstract provided.


The Supreme Court And The Preemption Question, Henry J. Abraham, Peter C. Loder Jan 1964

The Supreme Court And The Preemption Question, Henry J. Abraham, Peter C. Loder

Kentucky Law Journal

No abstract provided.


Constitutional Law--Equal Protection Clause--Designation Of Race On Ballot Struck Down, Laurence W. Grause Jan 1964

Constitutional Law--Equal Protection Clause--Designation Of Race On Ballot Struck Down, Laurence W. Grause

Kentucky Law Journal

No abstract provided.


Constitutional Law--Self-Incrimination--Applicable For States, Hunter Durham Jan 1964

Constitutional Law--Self-Incrimination--Applicable For States, Hunter Durham

Kentucky Law Journal

No abstract provided.


Constitutional Law--Police Power--"The Kentucky Junkyard Act", Harry M. Snyder Jr. Jan 1964

Constitutional Law--Police Power--"The Kentucky Junkyard Act", Harry M. Snyder Jr.

Kentucky Law Journal

No abstract provided.


Book Review, William W. Van Alstyne Jan 1964

Book Review, William W. Van Alstyne

Faculty Scholarship

This review of "The Supreme Court on Trial" by Charles Hyneman, questions why the work’s tackling the age-old issues of the source of judicial review and its constitutionality is particularly novel or unique from other such examinations. Issue is also taken with Brown v. Board of Educaion's dominance of such discussion and the book’s poor treatment of the desegregation cases.