Digital Commons Network^™

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

Villanova Law Review (1956 - )

No abstract provided.

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.

Stability And Change In Constitutional Law, Jerre S. Williams

Vanderbilt Law Review

This characterization of the role of the United States Constitution by the great Chief Justice one hundred and forty-four years ago accurately sets the scene for a consideration of stability and change in constitutional law. To have viewed the United States Constitution as a code would have been contrary to the entire common-law tradition out of which it grew. Instead, as this quotation reveals, it has never been seen as establishing a set, unchangeable meaning. The history of constitutional interpretation in the United States reveals that Pound's famous dictum, "law must be stable and yet it cannot standstill," is not …

Attorney General V. Weigel, Zvi Berinson, Binyamin Halevy, Eliyahu Manny, Haim Herman Cohn, Yitzhak Olshan

Translated Opinions

The respondent was convicted at first instance of being a procurer under section 1(b) of the Penal Law Amendment (Prostitution Offences) Law, 1962, but owing to the special circumstances of the case he was not given a prison sentence but put on probation. An appeal to the Supreme Court having failed, the Attorney-General applied for a Further Hearing* regarding the construction of the said section 10 in the light of section 3 (2) of the Probation of Offenders Ordinance, 1944. The sole issue was whether a person convicted under the Law must be sentenced to imprisonment or may instead be …

Constitutional And Foreign Relations Law: An Experiment With Constitutional Law And International Law At Buffalo, Wade J. Newhouse

Journal of Legal Education

No abstract provided.

Mason: The Supreme Court: Palladium: Of Freedom, Joseph E. Kallenbach

Michigan Law Review

A Review of The Supreme Court: Palladium: Of Freedom . By Alpheus T. Mason.

Constitutional Law - Electronic Eavesdropping

Duquesne Law Review

Recorded bribe attempt admissible at bribery trial at which agent, to whom the attempted bribe was made, testified - Rights under fourth amendment not violated where electronic device was not planted by an unlawful physical invasion of a constitutionally protected area.

Lopez v. United States, 83 Sup. Ct. 1381 (1963).

Federalism And The Administration Of Criminal Justice: The Treatment Of Obscenity In The United States, Canada And Australia, Bernard Green

Kentucky Law Journal

No abstract provided.

Gideon V. Wainwright: The Art Of Overruling, Jerold H. Israel

Articles

During the 1962 Term, the Supreme Court, on a single Monday, announced six decisions concerned with constitutional limitations upon state criminal procedure. The most publicized of these, though probably not the most important in terms of legal theory or practical effect, was Gideon v. Wainwright. In an era of constantly expanding federal restrictions on state criminal processes, the holding of Gideon-that an indigent defendant in a state criminal prosecution has an unqualified right to the appointment of counsel-was hardly startling. And while Gideon will obviously have an important effect in the handful of states that still fail to appoint counsel …

The Constitution And Contempt Of Court, Ronald Goldfarb

Michigan Law Review

Few legal devices find conflict within the lines of our Constitution with the ubiquity of the contempt power. These conflicts involve issues concerning the governmental power structure such as the separation of powers and the delicate balancing of federal-state relations. In addition, there are civil rights issues attributable to the conflict between the use of the contempt power and such vital procedural protections as the right to trial by jury, freedom from self-incrimination, double jeopardy, and indictment-to name only the most recurrent and controversial examples. Aside from these problems, there are other civil liberties issues, such as those involving freedom …

Betts V. Brady Twenty Years Later: The Right To Counself And Due Process Values, Yale Kamisar

Michigan Law Review

I am quite distressed by talk that the landmark case of Mapp v. Ohio "suggests by analogy" that the Court may now overrule Betts v. Brady. For whether one talks about the fourth or the sixth amendment, there is much to be said for Justice Harlan's dissenting views in Mapp. "[W]hatever configurations ... have been developed in the particularizing federal precedents" should not be "deemed a part of 'ordered liberty,' and as such ... enforceable against the States .... [W]e would not be true to the Fourteenth Amendment were we merely to stretch the general principle [ of …

Constitutional Law - Search And Seizure - Evidence Obtained By Unreasonable Search And Seizure Is Constitutionally Inadmissible In State Criminal Prosecutions, John B. Lieberman Iii

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law- Due Process- Conviction Without Evidence Of Guilt, Donald A. Slichter

Michigan Law Review

Petitioner was convicted in the Police Court of Louisville, Kentucky, of two offenses. After seeing petitioner "dancing by himself" on the dance floor, the police charged him with loitering; when he became argumentative about this arrest, he was also charged with disorderly conduct. Although he protested that he had come into the restaurant where he was arrested to "wait on a bus" and have a meal, he was nevertheless taken into custody. At the trial the arresting officer testified that the manager had told him that petitioner had been there "a little over a half hour and that he had …

Free Will In The Frontiers Of Federalism, John R. Brown

Michigan Law Review

In an assembly dedicated, as this one is, to frontiers in law and legal education in celebration of the centennial of this great Law School and forecasting what is to be expected in the next one hundred years, the idea of states' rights-of the federal-state relationship-has seemed almost ironic.

Constitutional Law - Due Process And Right Of Confrontation- Jencks Act, Robert J. Margolin S.Ed.

Michigan Law Review

The Jencks Act like the rule it purportedly reaffirmed, was designed to insure "justice." Although the stated purpose of the act was to preserve the rights of any defendant under due process of law, the question remains unresolved whether, in articulating the rule in terms of "justice," the Court in Jencks v. United States incorporated it into the requirements of due process. To be sure, the underlying intent of both the Court and Congress is unclear, but of far more concern than the intent is whether the Jencks Act, in fact, violates the constitutional mandates of the Fifth and Sixth …

The Constitution And The Standing Army: Another Problem Of Court-Martial Jurisdiction, Robert D. Duke, Howard S. Vogel

Vanderbilt Law Review

With the emergence of the Soviet menace after World War II, the United States has, for the first time in its history, found it essential to maintain, both here and abroad, a large standing armed force in what is technically peacetime. That has in turn brought to the fore important and novel questions concerning the jurisdiction which courts martial may constitutionally exercise. With millions of Americans serving and likely to serve in the armed forces, it is to be expected that the Supreme Court will scrutinize, with more care than ever before, legislation which purports to strip from these"citizen soldiers" …

Recent Decisions, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

The Supreme Court And State Power To Deal With Subversion And Loyalty, Roger C. Cramton

Cornell Law Faculty Publications

In this Article, Professor Cramton discusses the effect of recent United States Supreme Court decisions on state control of Subversive activities. He finds that while the decisions to some extent restrict state activity in this area, and though the Court in its decisions gives the impression of vacillation and confusion, some definite and workable principles are emerging which contribute to a resolution of the inherent conflict of federal-state relations which these issues pose. He concludes that as the states grow more sophisticated in their treatment of these issues, so the policy of judicial self-restraint will become more influential in restricting …

Recent Decisions, Variosu Editors

Villanova Law Review (1956 - )

No abstract provided.

Book Reviews, Dale F. Stansbury, Malcolm P. Sharp, Arthur T. Von Mehren, John S. Bradway, James D. Ghiardi, Thomas H. Eliot, Julius Paul, W. Howard Mann

Journal of Legal Education

No abstract provided.

Book Review, Law Review Staff

Vanderbilt Law Review

The National Probation and Parole Association has been working for over 35 years to improve the administration of justice and in the publication of "Guides for Sentencing" it has provided one of its most important services to judges who are charged with the administration of criminal justice and to juvenile and domestic relations courts. The book is the first of a series of practical manuals for all of the above named courts and it is the result of the combined labors of 37 specially selected United States, state and juvenile judges for a period of about five years. Bolitha J. …

Constitutional Law--Due Process--Prosecution's Withholding Evidence Favorable To Defendant Held Violative, T. E. P.

West Virginia Law Review

No abstract provided.

Constitutional Law--Equal Protection Of The Law--State Regulation Of Money Order Agencies, D. L. Mcc.

West Virginia Law Review

No abstract provided.

Book Review. Essays In Constitutional Law (Robert G. Mccloskey, Ed.), W. Howard Mann

Articles by Maurer Faculty

No abstract provided.

Book Review. Fellman, D., The Defendant's Rights, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Constitutional Law - Post-Conviction Due Process - Right Of Indigent To Review Of Non-Constitutional Trial Errors, Robert C. Casad S.Ed.

Michigan Law Review

The purpose of this comment is to examine a new development. in post-conviction due process: Griffin v. Illinois. This case announces a new principle of constitutional right under the Fourteenth Amendment based on an almost indistinguishable combination of due process and equal protection elements.

Book Reviews, John P. Frank, Malcolm P. Sharp, Edward S. Stimson, Oliver Schroeder Jr., Clarence J. Morrow, Bertram K. Wolfe, Malcolm D. Talbott, William H. Agnor, Clarence M. Updegraff

Journal of Legal Education

No abstract provided.

Compelling The Testimony Of Political Deviants, O. John Rogge

Michigan Law Review

At the last term the United States Supreme Court in Ullmann v. United States upheld the constitutionality of paragraph (c) of a federal act of August 1954 which seeks to compel the testimony of communists and other political deviants. Paragraph (c) relates to witnesses before federal courts and grand juries. The Court specifically left open the question of the validity of paragraphs (a) and (b) relating to congressional witnesses. Justice Frankfurter delivered the Court's opinion. Justice Douglas, with the concurrence of Justice Black, wrote a dissent.

It is our purpose to consider the background, history and terms of this compulsory …

Courts--Supervisory Powers--Enjoinment Of Federal Narcotics Agent From Testifying In State Court, T. E. P.

West Virginia Law Review

No abstract provided.

Legislation - Witness Immunity Act Of 1954 - Constitutional And Interpretative Problem, George S. Flint S.Ed.

Michigan Law Review

The passage in August, 1954 of a federal statute granting immunity under specified conditions to witnesses before congressional committees and in the federal courts marks a third legislative experiment designed to soften the effect of the Fifth Amendment as a limitation on the investigatory power of Congress. The first two attempts were less than successful. This comment will discuss the historical background of immunity legislation, and some possible constitutional pitfalls and problems of construction created by the statutory language.