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Articles 991 - 1020 of 1294

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The Exigent Circumstances Exception To The Warrant Requirement, H. Patrick Furman Jan 1991

The Exigent Circumstances Exception To The Warrant Requirement, H. Patrick Furman

Publications

No abstract provided.


Search And Seizure Jan 1991

Search And Seizure

Touro Law Review

No abstract provided.


Interaction Between State And Federal Right To Counsel: The Overruling Of Bartolomeounsel: The Overruling Of Bartolomeo, Joseph D. Sullivan Jan 1991

Interaction Between State And Federal Right To Counsel: The Overruling Of Bartolomeounsel: The Overruling Of Bartolomeo, Joseph D. Sullivan

Touro Law Review

No abstract provided.


An Independent And Adequate Procedural Rule Bars A State Prisoner, Who Has Defaulted His Entire Appeal, From Asserting A Federal Claim Unless The Prisoner Demonstrates Cause For, And Actual Prejudice Resulting From, The Procedural Default, Or In The Alternative, Proves A Fundamental Miscarriage Of Justice Will Result If The Federal Habeas Court Fails To Hear The Claim., Jared R. V. Woodfill Jan 1991

An Independent And Adequate Procedural Rule Bars A State Prisoner, Who Has Defaulted His Entire Appeal, From Asserting A Federal Claim Unless The Prisoner Demonstrates Cause For, And Actual Prejudice Resulting From, The Procedural Default, Or In The Alternative, Proves A Fundamental Miscarriage Of Justice Will Result If The Federal Habeas Court Fails To Hear The Claim., Jared R. V. Woodfill

St. Mary's Law Journal

The current jurisprudential regime accepts a blanket procedural default policy which denies the federal habeas court its proper constitutional role. An ideological coup d’etat is needed which reappraises the modern procedural default doctrine and supplants it with a rule in the spirit of Fay v. Noia. Such a revolution would emphasize the federal habeas court’s role as a defender of constitutional rights. In an era of multifarious litigation and sociological jurisprudence, a habeas prisoner should not lose his life because a negligent public defender failed to preserve the right in procedural formaldehyde. On April 23, 1982, a court convicted Roger …


Medical Board Of California, T. Cavanaugh, G. Schmidt, R. Strauss Jan 1991

Medical Board Of California, T. Cavanaugh, G. Schmidt, R. Strauss

California Regulatory Law Reporter

No abstract provided.


Department Of Food And Agriculture, S. Gerry, L. Rainey, D. Rupard Jan 1991

Department Of Food And Agriculture, S. Gerry, L. Rainey, D. Rupard

California Regulatory Law Reporter

No abstract provided.


Air Resources Board, K. Daley, T. Griswold Jan 1991

Air Resources Board, K. Daley, T. Griswold

California Regulatory Law Reporter

No abstract provided.


California Integrated Waste Management And Recycling Board, D. Fisher, R. Gutzler Jan 1991

California Integrated Waste Management And Recycling Board, D. Fisher, R. Gutzler

California Regulatory Law Reporter

No abstract provided.


California Coastal Commission, T. Griswold, J. Mazur Jan 1991

California Coastal Commission, T. Griswold, J. Mazur

California Regulatory Law Reporter

No abstract provided.


Passive Communication In Public Fora: The Case For First Amendment Protection Of Newsracks, Sandra L. Cobden Oct 1990

Passive Communication In Public Fora: The Case For First Amendment Protection Of Newsracks, Sandra L. Cobden

Cardozo Law Review

No abstract provided.


Board Of Architectural Examiners, C. Sabaner Oct 1990

Board Of Architectural Examiners, C. Sabaner

California Regulatory Law Reporter

No abstract provided.


Board Of Registration For Professional Engineers And Land Surveyors, N. Dela Rosa Oct 1990

Board Of Registration For Professional Engineers And Land Surveyors, N. Dela Rosa

California Regulatory Law Reporter

No abstract provided.


Board Of Registered Nursing, G. Schmidt Oct 1990

Board Of Registered Nursing, G. Schmidt

California Regulatory Law Reporter

No abstract provided.


Board Of Architectural Examiners, M. Walker Jul 1990

Board Of Architectural Examiners, M. Walker

California Regulatory Law Reporter

No abstract provided.


General Legislation, S. Barrow Jul 1990

General Legislation, S. Barrow

California Regulatory Law Reporter

No abstract provided.


Athletic Commission, J. Caviness Jul 1990

Athletic Commission, J. Caviness

California Regulatory Law Reporter

No abstract provided.


Bureau Of Automotive Repair, S. Brunsdon Jul 1990

Bureau Of Automotive Repair, S. Brunsdon

California Regulatory Law Reporter

No abstract provided.


Board Of Registration For Professional Engineers And Land Surveyors, M. Walker Jul 1990

Board Of Registration For Professional Engineers And Land Surveyors, M. Walker

California Regulatory Law Reporter

No abstract provided.


Department Of Food And Agriculture, S. Hillard, C. Merrill, A. Urrutia, J. D'Angelo Jul 1990

Department Of Food And Agriculture, S. Hillard, C. Merrill, A. Urrutia, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.


California Integrated Waste Management And Recycling Board, J. Altomare, K. Franke Jul 1990

California Integrated Waste Management And Recycling Board, J. Altomare, K. Franke

California Regulatory Law Reporter

No abstract provided.


Air Resources Board, M. Haberkorn, H. Woodruff Jul 1990

Air Resources Board, M. Haberkorn, H. Woodruff

California Regulatory Law Reporter

No abstract provided.


Board Of Forestry, B. J. Pantone Jul 1990

Board Of Forestry, B. J. Pantone

California Regulatory Law Reporter

No abstract provided.


State Bar Of California, P. Flynn, Jr., D. Hall Jul 1990

State Bar Of California, P. Flynn, Jr., D. Hall

California Regulatory Law Reporter

No abstract provided.


Michigan's Teacher Certification Requirement As Applied To Religiously Motivated Home Schools, Donald D. Dorman Jun 1990

Michigan's Teacher Certification Requirement As Applied To Religiously Motivated Home Schools, Donald D. Dorman

University of Michigan Journal of Law Reform

This Note defends the thesis that the teacher-certification requirement of Michigan's compulsory attendance statute is unconstitutional as applied to people who, for sincere religious reasons, believe they must teach their children at home. Michigan courts have incorrectly applied a rational-basis test in regulating religiously motivated home schools, rather than the strict scrutiny required by the U.S. Supreme Court for cases involving both the free exercise of religion and parents' interest in directing their children's education.


State Environmental Programs: A Study In Political Influence And Regulatory Failure, Lynda L. Butler May 1990

State Environmental Programs: A Study In Political Influence And Regulatory Failure, Lynda L. Butler

William & Mary Law Review

No abstract provided.


A Reasonable Belief That A Third Party Had Authority To Consent To A Search Is An Exception To The Warrant Requirement., S. Jeffrey Gately Jan 1990

A Reasonable Belief That A Third Party Had Authority To Consent To A Search Is An Exception To The Warrant Requirement., S. Jeffrey Gately

St. Mary's Law Journal

In Illinois v. Rodriguez, the Supreme Court granted certiorari to determine whether a warrantless search is valid when police rely on consent of a third party whom they reasonably believe had common authority over an area but does not. A reasonable belief that a third party had authority to consent to a search is an exception to the warrant requirement. The Fourth Amendment to the United States Constitution protects people and their possessions by prohibiting unreasonable searches by government authorities. Although this protection extends to any place where a person may claim a reasonable expectation of privacy, it especially protects …


Bureau Of Collection And Investigative Services, D. Kaplan Jan 1990

Bureau Of Collection And Investigative Services, D. Kaplan

California Regulatory Law Reporter

No abstract provided.


Government Regulations Authorizing M.Andatory Alcohol And Drug Testing Of Private Railroad Employees On Less Than Individualized Suspicion To Enhance Safety Are Constitutional, Keith Dorsett Jan 1990

Government Regulations Authorizing M.Andatory Alcohol And Drug Testing Of Private Railroad Employees On Less Than Individualized Suspicion To Enhance Safety Are Constitutional, Keith Dorsett

St. Mary's Law Journal

No abstract provided.


Washington's New Sexual Offender Civil Commitment System: An Unconstitutional Commitment System And Unwise Policy Choice, Brian G. Bodine Jan 1990

Washington's New Sexual Offender Civil Commitment System: An Unconstitutional Commitment System And Unwise Policy Choice, Brian G. Bodine

Seattle University Law Review

This Comment will discuss the portion of the legislation that established the system of involuntary civil commitment of violent sexual predators [hereinafter Violent Sexual Predator Commitment System]. This Comment will explore whether the Violent Sexual Predator Commitment System could withstand procedural and substantive due process challenges. Additionally, because the system is premised on a mental disorder of the sexually violent person, the commitment scheme will also be compared with the Involuntary Treatment Act's civil commitment system, to determine whether the Violent Sexual Predator Commitment System violates the equal protection clause of the fourteenth amendment to the United States Constitution. After …


Board Of Architectural Examiners, M. Walker Jan 1990

Board Of Architectural Examiners, M. Walker

California Regulatory Law Reporter

No abstract provided.