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Articles 3811 - 3840 of 3981
Full-Text Articles in Entire DC Network
Devitalization Of The Right To A Speedy Trial: The Per Case Method V. The Per Se Theory., J. Michael Myers
Devitalization Of The Right To A Speedy Trial: The Per Case Method V. The Per Se Theory., J. Michael Myers
St. Mary's Law Journal
Abstract Forthcoming.
Constitutional Law - Criminal Law - Testimonial Immunity Adopted In Kastigar V. United States To Supplant Prior Federal Immunity Grants, Kathleen J. O'Neill
Constitutional Law - Criminal Law - Testimonial Immunity Adopted In Kastigar V. United States To Supplant Prior Federal Immunity Grants, Kathleen J. O'Neill
Loyola University Chicago Law Journal
No abstract provided.
Constitutional Law - Criminal Law - Absent A Knowing And Intelligent Waiver, No Person May Be Imprisoned For Any Offense Unless Represented By Counsel At Trial, Richard E. Weicher
Constitutional Law - Criminal Law - Absent A Knowing And Intelligent Waiver, No Person May Be Imprisoned For Any Offense Unless Represented By Counsel At Trial, Richard E. Weicher
Loyola University Chicago Law Journal
No abstract provided.
Couch V. United States, 409 U.S. 322 (1973), Florida State University Law Review
Couch V. United States, 409 U.S. 322 (1973), Florida State University Law Review
Florida State University Law Review
Constitutional Law-SELF-INCRIMINATION-TAXPAYER CANNOT CLAIM PRIVILEGE AGAINST SELF-INCRIMINATION To PREVENT PRODUCTION OF RECORDS IN POSSESSION OF INDEPENDENT ACCOUNTANT AT TIME ADMINISTRATIVE SUMMONS ISSUED.
The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills
The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills
Scholarly Publications
The Supreme Court's decision abolishing the death penalty, at least as it existed in most jurisdictions, hardly represents the final resolution of the controversy over capital punishment. Given substantial public sentiment which apparently favors capital punishment in some form-voiced, for example, in the results of the recent referendum in California-various legislative bodies will face the question of whether capital punishment can and should be legislatively reinstated. In December 1972 the State of Florida became the first jurisdiction to pass judgment on this question. The legislature enacted a bill allowing imposition of the death penalty in certain circumstances. The two articles …
Constitutional Law - Privilege Against Self-Incrimination - Compulsory Production Of Taxpayer's Business Records In Third Party Possession Held Not Violative Of The Fourth And Fifth Amendments, Douglas Paul Coopersmith
Constitutional Law - Privilege Against Self-Incrimination - Compulsory Production Of Taxpayer's Business Records In Third Party Possession Held Not Violative Of The Fourth And Fifth Amendments, Douglas Paul Coopersmith
Villanova Law Review (1956 - )
No abstract provided.
Constitutional Law - The Eighth Amendment And Prison Reform, Ronald H. Rosenberg
Constitutional Law - The Eighth Amendment And Prison Reform, Ronald H. Rosenberg
Faculty Publications
No abstract provided.
Constitutional Law - Fourteenth Amendment Due Process - Representation By Counsel At Trial Is A Prerequisite To The Imposition Of Any Sentence Of Imprisonment Absent Valid Waiver, William J. Lehane
Villanova Law Review (1956 - )
No abstract provided.
The Communication Of The Supreme Court's Criminal Procedure Decisions: A Preliminary Mapping, Stephen L. Wasby
The Communication Of The Supreme Court's Criminal Procedure Decisions: A Preliminary Mapping, Stephen L. Wasby
Villanova Law Review (1956 - )
No abstract provided.
Constitutional Law - Rights Of Criminal Defendants - Counsel's Presence Is Not Required At Pre-Indictment Identification Confrontations, Howell K. Rosenberg
Constitutional Law - Rights Of Criminal Defendants - Counsel's Presence Is Not Required At Pre-Indictment Identification Confrontations, Howell K. Rosenberg
Villanova Law Review (1956 - )
No abstract provided.
Furman V. Georgia: A Postmortem On The Death Penalty, Nicholas Scafidi
Furman V. Georgia: A Postmortem On The Death Penalty, Nicholas Scafidi
Villanova Law Review (1956 - )
No abstract provided.
Argersinger V. Hamlin - Right To Counsel Expanded To Include Offenses Which May Result In Imprisonment, Oliver Claypool Jr.
Argersinger V. Hamlin - Right To Counsel Expanded To Include Offenses Which May Result In Imprisonment, Oliver Claypool Jr.
Cleveland State Law Review
On June 12, 1972, The United States Supreme Court held in Argersinger v. Hamlin, ... that absent a knowing and intelligent waiver, no person may be imprisoned for any offense, whether classified as petty, misdemeanor, or felony, unless he was represented by counsel at his trial. Although, all of the ramifications of this decision have not yet been felt, American Bar Association president, Robert W. Meserve has estimated that the decision will require the legal profession to provide representation in some additional two to four million cases per year for indigent defendants alone.
Book Review Of Equal Justice: The Warren Era Of The Supreme Court, W. Taylor Reveley Iii
Book Review Of Equal Justice: The Warren Era Of The Supreme Court, W. Taylor Reveley Iii
Faculty Publications
No abstract provided.
Constitutional Law--Martial Law--Preserving Order In The State: A Traditional Reappraisal, James E. Roark
Constitutional Law--Martial Law--Preserving Order In The State: A Traditional Reappraisal, James E. Roark
West Virginia Law Review
No abstract provided.
Prisoners' Redress For Deprivation Of A Constitutional Right: Federal Habeas Corpus And The Civil Rights Act., Daniel J. Sheehan Jr.
Prisoners' Redress For Deprivation Of A Constitutional Right: Federal Habeas Corpus And The Civil Rights Act., Daniel J. Sheehan Jr.
St. Mary's Law Journal
Franchises, founder-member contracts, and referral-sales agreements are marketing practices used to expand retail businesses and typically categorized as investment contracts. These marketing schemes continue to leave investors susceptible to fraud and misrepresentation because security regulations may fail to adapt to continuously varying methods in which promoters acquire capital. The Securities Act of 1933, the Securities Exchange Commission of 1934, and the Blue Sky Laws were attempts to regulate marketing schemes by establishing purposefully broad definitions of investment contracts. Securities laws were meant to have a liberal application for the purpose of being flexible and adaptive. In 1946, the landmark case …
Immunity From Prosecution And The Fifth Amendment: An Analysis Of Constitutional Standards, R. Anthony Orsbon
Immunity From Prosecution And The Fifth Amendment: An Analysis Of Constitutional Standards, R. Anthony Orsbon
Vanderbilt Law Review
Transactional immunity, on one hand, affords a witness absolute immunity from prosecution for the offense to which the testimony relates, but testimonial immunity, on the other hand, provides protection only from the use of the testimony itself or any evidence derived' directly or indirectly from it--use and fruits immunity. Until the Supreme Court's recent decision in United States v. Kastigar, conflict over the immunity concept was best manifested by the attempts to formulate an appropriate characterization of the relationship between Counselman v. Hitchcock, which represents the transactional immunity approach, and Murphy v. Waterfront Commissioner of New York Harbor, representing a …
Gagnon V. Scarpelli, Lewis F. Powell Jr.
Gagnon V. Scarpelli, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Constitutional Law--Taxation--Equal Education: A Public School Financing Proposal For West Virginia, Elba Gillenwater Jr., Gregory R. Gorrell
Constitutional Law--Taxation--Equal Education: A Public School Financing Proposal For West Virginia, Elba Gillenwater Jr., Gregory R. Gorrell
West Virginia Law Review
Public education is typically a state function. Yet in all states except Hawaii, primary responsibility and control have rested with the local school boards. These local boards have depended upon the property tax as a primary source of revenue. Recent judicial decisions have struck down some educational financing systems as being in violation of the equal protection clause of the fourteenth amendment. This note will discuss the constitutional issues raised by these decisions and present a statistical analysis of West Virginia's existing system. The purpose is to determine if these decisions are significant to West Virginia's method of funding public …
The Hunting Of The Shark: An Inquiry Into The Limits Of Congressional Power Under The Commerce Clause, David S. Bogen
The Hunting Of The Shark: An Inquiry Into The Limits Of Congressional Power Under The Commerce Clause, David S. Bogen
Faculty Scholarship
No abstract provided.
"Law And Order" And Protection Of The Rights Of The Accused In The United States And In India: A General Framework For Comparison, K. M. Sharma
Buffalo Law Review
No abstract provided.
Potholes, Lampposts And Policemen: Equal Protection And The Financing Of Basic Municipal Services In The Wake Of Hawkins And Serrano, Mary Bowen Little
Potholes, Lampposts And Policemen: Equal Protection And The Financing Of Basic Municipal Services In The Wake Of Hawkins And Serrano, Mary Bowen Little
Villanova Law Review (1956 - )
No abstract provided.
Executive Orders And The Development Of Presidential Power, William Hebe
Executive Orders And The Development Of Presidential Power, William Hebe
Villanova Law Review (1956 - )
No abstract provided.
Lawyers And Psychiatrists In The Court: Afterword
Lawyers And Psychiatrists In The Court: Afterword
Maryland Law Review
No abstract provided.
Recent Developments, Various Editors
Recent Developments, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
The Aftermath Of Serrano: The Strict Scrutiny Approach And The Viability Of Property Tax Financing For Public Educational Systems, Randall C. Rolfe
The Aftermath Of Serrano: The Strict Scrutiny Approach And The Viability Of Property Tax Financing For Public Educational Systems, Randall C. Rolfe
Villanova Law Review (1956 - )
No abstract provided.
Constitutional Law - Freedom Of The Press - Newsmen's Privilege - Requiring Newsmen To Testify Before State Or Federal Grand Juries Held Not Violative Of First Amendment, Douglas Paul Coopersmith
Constitutional Law - Freedom Of The Press - Newsmen's Privilege - Requiring Newsmen To Testify Before State Or Federal Grand Juries Held Not Violative Of First Amendment, Douglas Paul Coopersmith
Villanova Law Review (1956 - )
No abstract provided.
Constitutional Law - Unanimous Jury Verdict - Sixth Amendment Right To Jury Trial Does Not Mandate Unanimous Verdict - Fourteenth Amendment Reasonable Doubt Standard And Due Process Requirements Satisfied Notwithstanding Lack Of Unanimity, Paul Crowley
Villanova Law Review (1956 - )
No abstract provided.
Constitutional Law-The Indigent Misdemeanant's Right To Counsel
Constitutional Law-The Indigent Misdemeanant's Right To Counsel
University of Richmond Law Review
In accordance with the provisions of the federal and most state constitutions, a person accused of a crime has the right to be heard and to be assisted by counsel in his defense. However, not until 1932 was the right to counsel for indigent criminal defendants recognized by the Supreme Court of the United States, and the extent of this right has remained unclear for forty years.
Miranda Warnings And The Harmless Error Doctrine: Comments On The Indiana Approach, Michael W. Fruehwald
Miranda Warnings And The Harmless Error Doctrine: Comments On The Indiana Approach, Michael W. Fruehwald
Indiana Law Journal
No abstract provided.
Constitutional Law—A Driver Involved In An Accident Resulting In Property Damage Can Be Required By Statute To Stop And Identify Himself To The Other Driver, Barry Bassis
Buffalo Law Review
California v. Byers, 402 U.S. 424 (1971).