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Articles 21391 - 21420 of 24048
Full-Text Articles in Entire DC Network
Alien Land Laws: Constitutional Limitations On State Power To Regulate, James Alan Huizinga
Alien Land Laws: Constitutional Limitations On State Power To Regulate, James Alan Huizinga
UC Law Journal
No abstract provided.
California Penal Code Section 647(E): A Constitutional Analysis Of The Law Of Vagrancy, Lois M. Keenan
California Penal Code Section 647(E): A Constitutional Analysis Of The Law Of Vagrancy, Lois M. Keenan
UC Law Journal
No abstract provided.
Criminal Law -- Evidence -- Defence Of Entrapment -- Discretion To Exclude Evidence, Allan C. Hutchinson, Neil R. Withington
Criminal Law -- Evidence -- Defence Of Entrapment -- Discretion To Exclude Evidence, Allan C. Hutchinson, Neil R. Withington
Articles & Book Chapters
No abstract provided.
Ex Parte Proceedings In Domestic Violence Situations: Alternative Frameworks For Constitutional Scrutiny, Nadine Taub
Ex Parte Proceedings In Domestic Violence Situations: Alternative Frameworks For Constitutional Scrutiny, Nadine Taub
Hofstra Law Review
No abstract provided.
Liberals, Conservatives, And The Exclusionary Rule, Lane V. Sunderland
Liberals, Conservatives, And The Exclusionary Rule, Lane V. Sunderland
Journal of Criminal Law and Criminology
No abstract provided.
Fourteenth Amendment--Due Process For Prisoners In Commitment Proceedings, Keith S. Knochel
Fourteenth Amendment--Due Process For Prisoners In Commitment Proceedings, Keith S. Knochel
Journal of Criminal Law and Criminology
No abstract provided.
The Insanity Defense In Juvenile Delinquency Proceedings, Maxine M. Harrington, Ann O'Regan Keary
The Insanity Defense In Juvenile Delinquency Proceedings, Maxine M. Harrington, Ann O'Regan Keary
Faculty Scholarship
The insanity defense in delinquency proceedings poses an important legal dilemma concerning the rights of children in the juvenile justice system. Indeed, beyond the purely legal concerns of the rights of an accused juvenile, the concept of criminal responsibility in the context of juvenile court proceedings raises perhaps an even more important issue of what is the best model for dealing with mentally ill juvenile offenders, both from the juvenile's viewpoint and that of society as a whole. It is our opinion that not only does the insanity defense have an appropriate role in juvenile proceedings, but that legal as …
Holistic Medicine And Freedom Of Religion, F. Stephen Knippenberg
Holistic Medicine And Freedom Of Religion, F. Stephen Knippenberg
Faculty Articles
No abstract provided.
Federal Habeas Corpus: Greater Protection For "Innocent" State Prisoners After Jackson V. Virginia, Jennie L. Montgomery
Federal Habeas Corpus: Greater Protection For "Innocent" State Prisoners After Jackson V. Virginia, Jennie L. Montgomery
University of Richmond Law Review
In Jackson v. Virginia, the Burger Court recently made an apparent "about face" with regard to the scope of powers extended to a federal habeas corpus court reviewing a state court conviction. On the basis of this ruling, habeas corpus petitioners may now demand federal court examination of whether the evidence produced at their trials was sufficient to justify a finding of guilt beyond a reasonable doubt. Jackson is, therefore, a significant step beyond the Warren Court rule that due process is violated only when the record is totally devoid of any evidence to support the conviction.
National Origin As A Retaliatory Weapon In Foreign Policy: The Iranian Students Cases Case, Gordon T. Yamate
National Origin As A Retaliatory Weapon In Foreign Policy: The Iranian Students Cases Case, Gordon T. Yamate
Santa Clara Law Review
No abstract provided.
Case Notes, Santa Clara Law Review
Execution Without Trial: Police Homicide And The Constitution, Lawrence W. Sherman
Execution Without Trial: Police Homicide And The Constitution, Lawrence W. Sherman
Vanderbilt Law Review
This analysis of police homicide and the Constitution leads to the conclusion that the present state laws are unconstitutional, not just in the common-law states, but in the Model Penal Code and"forcible felony" states as well.' The present laws of every state in the union deny police homicide victims fifth and fourteenth amendment rights to due process, allow the punishment of death to be imposed in a cruel and unusual fashion, and appear to deny equal protection to blacks. The only constitutional alternative apparent is to remove police homicide from the realm of punishment and confine justification for it to …
Public Figures And Malice: Recent Supreme Court Decisions Restricting The Constitutional Privilege, Ann M. Annase, Scott A. Milburn
Public Figures And Malice: Recent Supreme Court Decisions Restricting The Constitutional Privilege, Ann M. Annase, Scott A. Milburn
University of Richmond Law Review
Historically, Americans have placed great importance on both their good name and their right to free speech. "As ingrained as both of these ideals are in the very fabric of our society, they sometimes run counter to each other." The Supreme Court has tried to balance these conflicting ideals in libel cases involving the first amendment's protection of freedom of the press. In the 1964 case of New York Times Co. v. Sullivan, the Court held that the first amendment's constitutional privilege extends to those publishing defamatory statements concerning official conduct, and that a plaintiff in such a case could …
Constitutional Law: Dubious Intrusions--Peynote, Drug Laws, And Religious Freedom, John T. Doyle
Constitutional Law: Dubious Intrusions--Peynote, Drug Laws, And Religious Freedom, John T. Doyle
American Indian Law Review
No abstract provided.
Design-Build Contracts In Virginia, Kevin B. Lynch
Design-Build Contracts In Virginia, Kevin B. Lynch
University of Richmond Law Review
Construction law is a varied and intricate outgrowth of the innumer- able complex relationships inherent in any building project. The role of the architect, once the master builder, has undergone and continues to undergo a redefinition. Due to recent changes in the construction industry, especially the development of construction management and design-build concepts, the regulatory framework within which the building project operates is, in many states, in need of reform. The purpose of this comment will be to examine the impact of the development of design- build concepts on the traditional model of owner, architect, and contractor relationships and to …
Intelligence Gathering And The Law: Conflict Or Compatibility? , Benjamin R. Civiletti
Intelligence Gathering And The Law: Conflict Or Compatibility? , Benjamin R. Civiletti
Fordham Law Review
No abstract provided.
The Tolling Provision Of The Statute Of Limitations - A Haven For The Dilatory Plaintiff, Michael F. Quinn
The Tolling Provision Of The Statute Of Limitations - A Haven For The Dilatory Plaintiff, Michael F. Quinn
Seton Hall Law Review
No abstract provided.
General Laws, Neutral Principles, And The Free Exercise Clause, G. Michael Mccrossin
General Laws, Neutral Principles, And The Free Exercise Clause, G. Michael Mccrossin
Vanderbilt Law Review
This Note examines several recent Supreme Court decisions considering the first amendment's free exercise clause to determine whether, collectively, the decisions are results of principled decision making. During the past two decades the Court has had four significant opportunities to deal with the free exercise clause. In all but one, the Court made important statements about the constitutional protection afforded the free exercise of religious belief. In each case the basic issue was the same: was interference with the exercise of religion unconstitutional when that interference resulted from the application of a general law that promoted a valid public policy …
Village Of Schaumberg V. Citizens For A Better Environment And Religious Solicitation: Freedom Of Speech And Freedom Or Religion Converge, William P. Marshall
Village Of Schaumberg V. Citizens For A Better Environment And Religious Solicitation: Freedom Of Speech And Freedom Or Religion Converge, William P. Marshall
Faculty Publications
No abstract provided.
Evidence, David J. Beck, Linda Leuchter Addison
The Jurisprudence Of Free Speech In The United States And The Federal Republic Of Germany, Donald P. Kommers
The Jurisprudence Of Free Speech In The United States And The Federal Republic Of Germany, Donald P. Kommers
Journal Articles
This Article compares the constitutional thought of the United States Supreme Court and the West German Federal Constitutional Court in the area of free speech. The primary focus is on cases dealing with governmental restraints on speech arising out of concern for internal security' and commentary affecting the reputation of public figures. These cases reflect major lines of German and American free speech thought. The objective of this Article is to compare the concepts of free speech that have evolved in the opinions of the two tribunals and to consider the significance of the separate doctrinal paths taken by each …
Employer Beware: You May Be Liable For The Negligence Of Your Independent Contractor: Western Stock Center, Inc. V. Sevit, Inc., Christopher C. O'Dell
Employer Beware: You May Be Liable For The Negligence Of Your Independent Contractor: Western Stock Center, Inc. V. Sevit, Inc., Christopher C. O'Dell
University of Colorado Law Review
No abstract provided.
The Employment Interest And An Irrational Application Of The Rationality Test: New York City Transit Authority V. Beazer, Kimberley A. Bieter
The Employment Interest And An Irrational Application Of The Rationality Test: New York City Transit Authority V. Beazer, Kimberley A. Bieter
University of Colorado Law Review
No abstract provided.
Child Safety In Automobiles: Mandatory Restraint-Use Laws
Child Safety In Automobiles: Mandatory Restraint-Use Laws
University of Colorado Law Review
No abstract provided.
Utah Department Of Transportation V. Ira Hatch Et Al : Brief Of Respondent, Utah Supreme Court
Utah Department Of Transportation V. Ira Hatch Et Al : Brief Of Respondent, Utah Supreme Court
Utah Supreme Court Briefs (1965 –)
Appeal from the Order of the First Judicial District Court for Box Elder County. Honorable Venoy Christofferson, Judge.
Carl H. Powell V. S. Tony Cox, Director, Drivers License Division, Department Of Public Safety For The State Of Utah : Respondent's Brief On Appeal, Utah Supreme Court
Carl H. Powell V. S. Tony Cox, Director, Drivers License Division, Department Of Public Safety For The State Of Utah : Respondent's Brief On Appeal, Utah Supreme Court
Utah Supreme Court Briefs (1965 –)
An Appeal from the Final Order of the Fourth Judicial District Court of Uintah County, State of Utah, The Honorable J. Robert Bullock, Judge
Legal Representation Of The Mentally Ill, James R. Elkins
Legal Representation Of The Mentally Ill, James R. Elkins
West Virginia Law Review
The "rights revolution," sparked by the United States Supreme Court under the leadership of former Chief Justice Earl Warren, has abated as the Court modifies and in some instances emasculates the constitutional rights afforded criminal defendants. While the Supreme Court assumes a more “moderate" position regarding the rights of criminal defendants and takes a closer look at due process decisions generally, the "rights revolution" has had substantial spillover effect in the case of individuals confined involuntarily in mental institutions. The courts, especially federal courts, have recognized the constitutional basis of procedural and substantive safeguards for individuals subject to commitment in …
Carl H. Powell V. S. Tony Cox, Director, Drivers License Division, Department Of Public Safety For The State Of Utah : Appellant's Brief On Appeal, Utah Supreme Court
Carl H. Powell V. S. Tony Cox, Director, Drivers License Division, Department Of Public Safety For The State Of Utah : Appellant's Brief On Appeal, Utah Supreme Court
Utah Supreme Court Briefs (1965 –)
An Appeal from the Final Order of the Fourth Judicial District Court of Uintah County, State of Utah, The Honorable J. Robert Bullock, Judge
Regulation Of Programming Content To Protect Children After Pacifica, Dabney E. Bragg
Regulation Of Programming Content To Protect Children After Pacifica, Dabney E. Bragg
Vanderbilt Law Review
This Note examines the "protect the children" rationale as justification for the regulation of program content to determine if it is likely to withstand future challenges. Initially, the Note reviews the Pacifica decisions to illustrate how the rationale recently has been employed. The Note then considers this rationale in light of traditional first amendment analysis and the interface of that analysis with the rights of children, concluding that the rationale does not justify abridgment of the first amendment. The Note then considers the effect of broadcasting's "unique characteristics" upon this analysis, concluding that this added element does not tip the …