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Constitutional Law

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Justice Stevens: The First Three Terms, George C. Lamb, Iii, Charles L. Schlumberger, D. J. Simonetti, James D. Spratt Jr., Joel R. Tew, Douglas W. Ey, Jr. Special Projects Editor Apr 1979

Justice Stevens: The First Three Terms, George C. Lamb, Iii, Charles L. Schlumberger, D. J. Simonetti, James D. Spratt Jr., Joel R. Tew, Douglas W. Ey, Jr. Special Projects Editor

Vanderbilt Law Review

This Special Project undertakes an examination of Justice Stevens' Supreme Court opinions in an effort to identify his philosophical orientations, to evaluate the consistency of his views, and to determine the extent to which he has developed workable analytical methods. To achieve these goals, Justice Stevens' opinions are examined in three contexts: first, the area of federal-state relations,including commerce clause and supremacy clause questions; second, the individual rights area, emphasizing criminal constitutional and first amendment issues, and problems of fifth and fourteenth amendment analysis; and third, questions concerning the proper role of the Supreme Court in the constitutional scheme. Even …


Waiver Under The West Virginia Habeas Corpus Act, Gene R. Nichol Jr. Apr 1979

Waiver Under The West Virginia Habeas Corpus Act, Gene R. Nichol Jr.

West Virginia Law Review

No abstract provided.


Criminals-Turned-Authors: Victims' Rights V. Freedom Of Speech, Barbara Freedman Wand Apr 1979

Criminals-Turned-Authors: Victims' Rights V. Freedom Of Speech, Barbara Freedman Wand

Indiana Law Journal

No abstract provided.


Burdening The Fifth Amendment: Toward A Presumptive Barrier Theory, Mark Berger Apr 1979

Burdening The Fifth Amendment: Toward A Presumptive Barrier Theory, Mark Berger

Faculty Works

Judging how heavily the state may burden the decision to exercise or forego the fifth amendment privilege against self-incrimination is a concededly problematic undertaking. Nevertheless, the formulation of a standard is essential to ensure principled decision making. Unfortunately, however, the Supreme Court has thus far avoided the task. The decisions from the Warren era suggest in very broad language that any burden on the exercise of the right to remain silent is forbidden, while more recent rulings have barred only those penalties automatically imposed for assertions of the privilege. Neither extreme, however, represents a satisfactory resolution of the conflicting interests …


Due Process Limitations On Prosecutorial Discretion In Re-Charging Defendants: Pearce To Blackledge To Bordenkircher, Donald C. Smaltz Mar 1979

Due Process Limitations On Prosecutorial Discretion In Re-Charging Defendants: Pearce To Blackledge To Bordenkircher, Donald C. Smaltz

Washington and Lee Law Review

No abstract provided.


Do Defendants Have An Attorney When They Have A Public Defender, James Eisenstein Mar 1979

Do Defendants Have An Attorney When They Have A Public Defender, James Eisenstein

Michigan Law Review

A Review of Counsel for the Poor: Criminal Defense in Urban America by Robert Hermann, Eric Single, and John Boston


The Exclusionary Rule In Parole Revocation Hearings : Deterring Official Infringement Of Parolees' Fourth Amendment Rights, Billy Glenn Dupree Jr. Mar 1979

The Exclusionary Rule In Parole Revocation Hearings : Deterring Official Infringement Of Parolees' Fourth Amendment Rights, Billy Glenn Dupree Jr.

BYU Law Review

No abstract provided.


State Constitutional Guarantees And Protection Of Defendants' Rights: The Case Of New York, 1960-1978, Peter J. Galie Jan 1979

State Constitutional Guarantees And Protection Of Defendants' Rights: The Case Of New York, 1960-1978, Peter J. Galie

Buffalo Law Review

No abstract provided.


Feedback From The Fourth Amendment: Is The Exclusionary Rule An Albatross Around The Judicial Neck?, Stephen E. Gottlieb Jan 1979

Feedback From The Fourth Amendment: Is The Exclusionary Rule An Albatross Around The Judicial Neck?, Stephen E. Gottlieb

Kentucky Law Journal

No abstract provided.


The Elusive Search For Values In Constitutional Interpretation, Arthur S. Miller Jan 1979

The Elusive Search For Values In Constitutional Interpretation, Arthur S. Miller

UC Law Constitutional Quarterly

No abstract provided.


Raoul Berger's Fourteenth Amendment: A History Or Ahistorical, Stanley I. Kutler Jan 1979

Raoul Berger's Fourteenth Amendment: A History Or Ahistorical, Stanley I. Kutler

UC Law Constitutional Quarterly

No abstract provided.


Resurrection Of The Right-Privilege Distinction--A Critical Look At Maher V. Roe And Bordenkircher V. Hayes, The, Richard L. Rubin Jan 1979

Resurrection Of The Right-Privilege Distinction--A Critical Look At Maher V. Roe And Bordenkircher V. Hayes, The, Richard L. Rubin

UC Law Constitutional Quarterly

No abstract provided.


Administrative Agencies And The Rites Of Due Process: Alternatives To Excessive Litigation, Daniel Lee Feldman Jan 1979

Administrative Agencies And The Rites Of Due Process: Alternatives To Excessive Litigation, Daniel Lee Feldman

Fordham Urban Law Journal

With the growth of courtroom litigation, it has become necessary for congress to look to administrative agencies to act in an adjudicative nature. In expanding the role of administrative agencies for efficiency and economic concerns, it is particularly important to still consider the due process rights of citizens. This article addresses the need to balance the procedural due process rights of individuals with the use of administrative agencies to eliminate or at the very least reduce excessive litigation.


The Body Of John Merryman: Ex Parte Merryman, A Case Of Executive-Judicial Conflict Over The Suspension Of Habeas Corpus, Eric Paul Anderson Jan 1979

The Body Of John Merryman: Ex Parte Merryman, A Case Of Executive-Judicial Conflict Over The Suspension Of Habeas Corpus, Eric Paul Anderson

All Master's Theses

At the outbreak of the Civil War the Federal military arrested certain people whose loyalty was suspect. One victim, John Merryman, attempted to free himself by petitioning for a writ of habeas corpus. However, President Lincoln authorized the military to suspend the writ in such cases. The matter came before Chief Justice Taney who disputed the president's authority to suspend the writ and ruled in Merryman's favor. This thesis recounts the history of the habeas corpus process in Anglo-American law and its inclusion in the Constitution, Merryman's role in the first hostilities, his arrest, and the attempt to free him. …


Professional Ethics And Trial Publicity: Another Constitutional Attack On Dr7-107- Hirschkop V. Snead, Stephen E. Baril Jan 1979

Professional Ethics And Trial Publicity: Another Constitutional Attack On Dr7-107- Hirschkop V. Snead, Stephen E. Baril

University of Richmond Law Review

Philip J. Hirschkop brought an action seeking a declaratory judgment that Disciplinary Rule 7-107 of the Virginia Code of Professional Responsibility, was unconstitutionally vague and over broad. DR 7-107, generally referred to as the "no-comment" rule, prohibits extrajudicial statements by attorneys regarding pending litigation in which they are involved, "if there is a reasonable likelihood that such dissemination will interfere with a fair trial or otherwise prejudice the due administration of justice."


Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug R. Rendleman Jan 1979

Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug R. Rendleman

Faculty Publications

No abstract provided.


Gagging The Press Through Participant And Closure Orders: The Aftermath Of Nebraska Press Association V. Stuart, Valerie Bell Jan 1979

Gagging The Press Through Participant And Closure Orders: The Aftermath Of Nebraska Press Association V. Stuart, Valerie Bell

Seattle University Law Review

In Nebraska Press Association v. Stuart the Supreme Court held that trial courts trying to minimize prejudicial publicity to preserve a fair trial must consider alternatives less drastic than gagging the press. This comment will examine post- Nebraska Press cases involving orders that restrict the flow of information concerning judicial proceedings and will suggest standards that focus on whether an indirect gag order inhibits media coverage of the judicial process. After a brief discussion of Nebraska Press' reasoning and its emphasis on the prior restraint doctrine, a survey of lower court cases will demonstrate Nebraska Press has not prevented judges …


Multiple Representation And Conflicts Of Interest In Criminal Cases, Peter W. Tague Jan 1979

Multiple Representation And Conflicts Of Interest In Criminal Cases, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

Conflicts of interest resulting from multiple representation in criminal cases impose heavy burdens on all the participants in the criminal justice system. Although the Supreme Court in Holloway v. Arkansas refused to hold that joint representation is unconstitutional per se, it recently approved Proposed Rule of Criminal Procedure 44(c), which would require trial courts to protect a defendant's right to counsel in this situation. After discussing the current approaches of the courts to the problems presented by joint representation, Professor Tague analyzes the proposed rule. He criticizes the proposed rule for its failure to define the role of the trial …


Perceptions Of Judicial Responsibility: The Views Of The Nine United States Supreme Court Justices As They Consider Claims In Fourteenth Amendment Noncriminal Cases: A Post-Bakke Evaluation, Arthur R. Landever Dec 1978

Perceptions Of Judicial Responsibility: The Views Of The Nine United States Supreme Court Justices As They Consider Claims In Fourteenth Amendment Noncriminal Cases: A Post-Bakke Evaluation, Arthur R. Landever

Law Faculty Articles and Essays

In this article, the author sketches each Justice by examining his expressed attitudes and silent concurrences in fourteenth amendment noncriminal cases, as well as his remarks in other, non-court settings. While judicial behavioralists have employed quantitative techniques focusing upon analysis of voting records, the author believes that use of the lawyer's traditional method--case and opinion examination-is more appropriate here. Each Justice's composite should tell us not only something about the individual Justice's views, but also something about the views of key blocs on the Court. By such an effort, we learn more about the range of the possible in urging …


Firearms Ownership And Regulation: Tackling An Old Problem With Renewed Vigor, David T. Hardy Dec 1978

Firearms Ownership And Regulation: Tackling An Old Problem With Renewed Vigor, David T. Hardy

William & Mary Law Review

No abstract provided.


From The Mouths Of Babes: Does The Constitutional Right Of Privacy Mandate A Parent-Child Privilege? Nov 1978

From The Mouths Of Babes: Does The Constitutional Right Of Privacy Mandate A Parent-Child Privilege?

BYU Law Review

No abstract provided.


Bellotti V. Baird, Lewis F. Powell Jr. Oct 1978

Bellotti V. Baird, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Dalia V. United States, Lewis F. Powell Jr. Oct 1978

Dalia V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Smith V. Daily Mail Publishing Co., Lewis F. Powell Jr. Oct 1978

Smith V. Daily Mail Publishing Co., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Addington V. Texas, Lewis F. Powell Jr. Oct 1978

Addington V. Texas, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


A Constitutional Analysis Of The Prohibition Against Collateral Attack In The Mexican-American Prisoner Exchange Treaty, Ira Robbins Oct 1978

A Constitutional Analysis Of The Prohibition Against Collateral Attack In The Mexican-American Prisoner Exchange Treaty, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Introduction: On November 25, 1976, the United States and Mexico concluded a bilateral treaty providing for reciprocal prisoner exchange, so that a national of one party to the agreement could complete his sentence in his home country.' The objectives of the agreement essentially were twofold: first, there was a need to ameliorate relations with Mexico on the delicate matter of the abuse of American citizens confined in Mexican prisons; second, there was a strong desire to alleviate special hardships, such as those respecting living conditions and prospects for rehabilitation, resulting from imprisonment in a foreign country. The Treaty was ratified …


Withdrawal Of Rights And Due Deference: The New Hands Off Policy In Correctional Litigation, Mark Berger Oct 1978

Withdrawal Of Rights And Due Deference: The New Hands Off Policy In Correctional Litigation, Mark Berger

Faculty Works

No abstract provided.


Criminal Procedure-Double Jeopardy-Government's Right To Appeal A Midtrial Dismissal- United States V. Scott Sep 1978

Criminal Procedure-Double Jeopardy-Government's Right To Appeal A Midtrial Dismissal- United States V. Scott

BYU Law Review

No abstract provided.


A Step Toward Uniformity: Review Of Life Sentences In Capital Cases, Ron Bergwerk Jul 1978

A Step Toward Uniformity: Review Of Life Sentences In Capital Cases, Ron Bergwerk

Florida State University Law Review

No abstract provided.


Presumptive Possession Of Weapons: New York's Controversial Statute, Murray N. Caplan Jul 1978

Presumptive Possession Of Weapons: New York's Controversial Statute, Murray N. Caplan

Buffalo Law Review

No abstract provided.