Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 3841 - 3870 of 3981

Full-Text Articles in Entire DC Network

Constitutional Law - Criminal Law - Confessions Need Not Be Proved Voluntary Beyond A Reasonable Doubt Prior To Being Admitted Into Evidence, Gerald F. Murray Jan 1972

Constitutional Law - Criminal Law - Confessions Need Not Be Proved Voluntary Beyond A Reasonable Doubt Prior To Being Admitted Into Evidence, Gerald F. Murray

Loyola University Chicago Law Journal

No abstract provided.


American Civil Liberties And Constitutional Change, Donald P. Kommers Jan 1972

American Civil Liberties And Constitutional Change, Donald P. Kommers

Journal Articles

This essay is an attempt to analyze, for the non-American reader especially, some of the factors that affect the condition of civil liberties in the United States. It deals mainly with the U.S. Supreme Court and its effort to define the limits of personal freedom within the framework of the American constitutional system. This effort has been a main preoccupation of the Supreme Court during the last two decades or so as the social conflicts besetting America have taken the form, as they usually do, of constitutional conflicts that the Court must eventually decide. Most of these questions have represented …


Presentence Confinement And The Constitution: The Burial Of Dead Time, F. Thomas Schornhorst Jan 1972

Presentence Confinement And The Constitution: The Burial Of Dead Time, F. Thomas Schornhorst

Articles by Maurer Faculty

No abstract provided.


Juvenile Courts--Juveniles In Delinquency Proceedings Are Not Constitutionally Entitled To The Right Of Trial By Jury--Mckeiver V. Pennsylvania, Michigan Law Review Nov 1971

Juvenile Courts--Juveniles In Delinquency Proceedings Are Not Constitutionally Entitled To The Right Of Trial By Jury--Mckeiver V. Pennsylvania, Michigan Law Review

Michigan Law Review

At a hearing in the juvenile court of Philadelphia in October 1968, Joseph McKeiver was declared a "delinquent child" and placed on probation by a juvenile court judge who determined that McKeiver had violated a Pennsylvania law. The juvenile court petition charged McKeiver, then sixteen years old, with robbery, larceny, and receiving stolen goods as the result of an incident in which McKeiver and twenty or thirty other youths took twenty-five cents from three teenagers. Despite the fact that the evidence against McKeiver consisted primarily of the weak and inconsistent testimony of two of the victims, the juvenile court judge, …


United States V. United States District Court For The Eastern District Of Michigan, Southern Division, Lewis F. Powell Jr. Oct 1971

United States V. United States District Court For The Eastern District Of Michigan, Southern Division, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Constitutional Law—Conversion Of Fine Into Term Of Imprisonment For Offenders Financially Unable To Pay Fine Held Violative Of Equal Protection Clause, Richard L. Woll Oct 1971

Constitutional Law—Conversion Of Fine Into Term Of Imprisonment For Offenders Financially Unable To Pay Fine Held Violative Of Equal Protection Clause, Richard L. Woll

Buffalo Law Review

Tate v. Short, 401 U.S. 395 (1971).


Trial By Jury And Speedy Justice, J. Edward Lumbard Sep 1971

Trial By Jury And Speedy Justice, J. Edward Lumbard

Washington and Lee Law Review

No abstract provided.


Constitutional Law—Petty Offender's Right To Demand Trial By Jury: Petty Offenders Have Peers In Alaska—Baker V. City Of Fairbanks, 471 P.2d 386 (Alas. 1970), Anon Jul 1971

Constitutional Law—Petty Offender's Right To Demand Trial By Jury: Petty Offenders Have Peers In Alaska—Baker V. City Of Fairbanks, 471 P.2d 386 (Alas. 1970), Anon

Washington Law Review

Procter J. Baker was charged with violation of a Fairbanks ordinance for the offense of assault and demanded a trial by jury in the district court. Baker contended that the holding of the United States Supreme Court in Duncan v. Louisiana was dispositive of his case and that he was entitled to a jury trial as a matter of constitutional right, even though the maximum possible punishment was limited to $600 fine or 60 days imprisonment or both. Upon the trial court's denial of his asserted right, Baker petitioned for direct review by the Alaska Supreme Court. The Alaska court …


Criminal Procedure—Constitutional Right To Counsel In Parole Revocation Hearing, Clarence J. Sundram Apr 1971

Criminal Procedure—Constitutional Right To Counsel In Parole Revocation Hearing, Clarence J. Sundram

Buffalo Law Review

People ex rel. Menechino v. Warden, Greenhaven State Prison, 27 N.Y.2d 376, 267 N.E.2d 238, 318 N.Y.S.2d 449 (1971).


Judicial Problems In Administering Court Appointment Of Counsel For Indigents Mar 1971

Judicial Problems In Administering Court Appointment Of Counsel For Indigents

Washington and Lee Law Review

No abstract provided.


The Right To Counsel At Photographic Identifications Mar 1971

The Right To Counsel At Photographic Identifications

Washington and Lee Law Review

No abstract provided.


The Authorization Of Warrantless Wiretapping By The President In National Security Matters Involving Domestic Dissidents., William F. Mcquillen Mar 1971

The Authorization Of Warrantless Wiretapping By The President In National Security Matters Involving Domestic Dissidents., William F. Mcquillen

St. Mary's Law Journal

Abstract Forthcoming.


Constitutional Law - Criminal Law - Guilty Plea Is Not Invalid Because It Is The Product Of A Plea Bargain, Roseann Oliver Jan 1971

Constitutional Law - Criminal Law - Guilty Plea Is Not Invalid Because It Is The Product Of A Plea Bargain, Roseann Oliver

Loyola University Chicago Law Journal

No abstract provided.


Williams V. Florida: End Of A Theory - Part Ii, O. John Rogge Jan 1971

Williams V. Florida: End Of A Theory - Part Ii, O. John Rogge

Villanova Law Review (1956 - )

No abstract provided.


Cruel And Unusual Punishment-Constitutionality Of The Death Penalty For Rape Where Victim's Life Neither Taken Nor Endangered Jan 1971

Cruel And Unusual Punishment-Constitutionality Of The Death Penalty For Rape Where Victim's Life Neither Taken Nor Endangered

University of Richmond Law Review

Throughout history societies have attempted to influence behavior and maintain order through the use of sanctions imposed by custom, tradition and law. Various methods and degrees of punishment have been exacted for anti-social behavior; each individual society fixing its own value upon the interest to be protected and its interest in punishing the offender. Some civilizations have utilized torture, maiming and, not infrequently, cruel and painful deaths as punishment for crimes.


Judicial Review In Italy And West Germany, Donald P. Kommers Jan 1971

Judicial Review In Italy And West Germany, Donald P. Kommers

Journal Articles

This is a comparative study of the constitutional courts of Italy and West Germany. These institutions, established in the 1950's, have settled hundreds of constitutional disputes. And their caseloads continue to rise in volume. The time seems ripe, therefore, briefly to review the work of these tribunals and to relate this work to the condition of constitutional democracy in the two polities. It should be remarked that this is not fundamentally a study in constitutional jurisprudence. The main purpose of this article is to see how judicial review has actually operated, what its effects have been, and what its future …


Williams V. Florida: End Of A Theory - Part I, O. John Roger Jan 1971

Williams V. Florida: End Of A Theory - Part I, O. John Roger

Villanova Law Review (1956 - )

No abstract provided.


The Courts' Responsibility For Prison Reform, Edmund B. Spaeth Jr. Jan 1971

The Courts' Responsibility For Prison Reform, Edmund B. Spaeth Jr.

Villanova Law Review (1956 - )

No abstract provided.


Prisoners' Rights - A Prosecutor's View, James D. Crawford Jan 1971

Prisoners' Rights - A Prosecutor's View, James D. Crawford

Villanova Law Review (1956 - )

No abstract provided.


The Grand Jury As The New Inquisition, Michael E. Tigar, Madeline R. Levy Jan 1971

The Grand Jury As The New Inquisition, Michael E. Tigar, Madeline R. Levy

Faculty Scholarship

No abstract provided.


Constitutional Interpretation And Criminal Identification, Carl Mcgowan Dec 1970

Constitutional Interpretation And Criminal Identification, Carl Mcgowan

William & Mary Law Review

No abstract provided.


Criminal Law—Due Process And The Right To Trial By Jury In State Criminal Procedure, Paul A. Battaglia Oct 1970

Criminal Law—Due Process And The Right To Trial By Jury In State Criminal Procedure, Paul A. Battaglia

Buffalo Law Review

Baldwin v. New York, 399 U.S. 66 (1970).


The Warren Court: Completion Of A Constitutional Revolution, William F. Swindler Mar 1970

The Warren Court: Completion Of A Constitutional Revolution, William F. Swindler

Faculty Publications

No abstract provided.


Constitutional Law - Right To Counsel - Not Limited To An Attorney - United States V. Tarlowski, 305 F. Supp. 112 (E.D.N.Y. 1969), Robert B. Ingram Mar 1970

Constitutional Law - Right To Counsel - Not Limited To An Attorney - United States V. Tarlowski, 305 F. Supp. 112 (E.D.N.Y. 1969), Robert B. Ingram

William & Mary Law Review

No abstract provided.


The Warren Court: Completion Of A Constitutional Revolution, William F. Swindler Mar 1970

The Warren Court: Completion Of A Constitutional Revolution, William F. Swindler

Vanderbilt Law Review

In the final weeks of its sixteen year history, the subject matter of the Warren Court's opinions ranged over most of the major constitutional issues with which it had concerned itself since 1953, and out of which it developed the seminal decisions for which it will be remembered. For example, it upheld an Alabama desegregation plan which provided for proportional racial representation on public school faculties,' and found a snack bar in a privately owned recreational facility to be within the "public accomodations" definition of the Civil Rights Act of 1964. It rejected a North Carolina county's request to reinstate …


Constitutional Law - Trial - Decorum In The Courtroom, Bernadine Meyer Jan 1970

Constitutional Law - Trial - Decorum In The Courtroom, Bernadine Meyer

Duquesne Law Review

No abstract provided.


Assistance In Addition To Counsel For Indigent Defendants: The Need For, The Lack Of, The Right To, Dennis W. Alexander Jan 1970

Assistance In Addition To Counsel For Indigent Defendants: The Need For, The Lack Of, The Right To, Dennis W. Alexander

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law--The Power Of A Governor To Proclaim Martial Law And Use State Military Forces To Suppress Campus Demonstrations, Scott T. Wendelsdorf Jan 1970

Constitutional Law--The Power Of A Governor To Proclaim Martial Law And Use State Military Forces To Suppress Campus Demonstrations, Scott T. Wendelsdorf

Kentucky Law Journal

No abstract provided.


Right To Court-Appointed Counsel For Misdemeanants In Virginia Jan 1970

Right To Court-Appointed Counsel For Misdemeanants In Virginia

University of Richmond Law Review

The Virginia Constitution makes no specific guarantee of the right to counsel for those charged with a crime as is provided in the federal Constitution, but the Supreme Court of Appeals has declared this to be a fundamental right within the Virginia Bill of Rights. Such right is intended to apply to all persons regardless of their financial status, so if a person charged with a felony proceeds in forma pauperis, it is the duty of the court to appoint counsel to defend him. The right to court-appointed counsel has been extended to persons being questioned concerning a felony, to …


The Supreme Court, The President And Congress, William F. Swindler Jan 1970

The Supreme Court, The President And Congress, William F. Swindler

Faculty Publications

No abstract provided.