Digital Commons Network^™

Constitutional Law—Due Process—Liberty Interest In Foster Families Requires Constitutional Protection In Child Removal Proceedings—Smith V. Organization Of Foster Families For Equality & Reform, 431 U.S. 816 (1977), David I. Schoen

Western New England Law Review

No abstract provided.

The Constitution And The Rule Of Law, Raoul Berger

Western New England Law Review

No abstract provided.

Constitutional Law—Equal Protection—Free Exercise Of Religion—Massachusetts Statute Denying Benefits To Those Discharged As Conscientious Objectors Held Unconstitutional—Reynolds V. Dukakis, 441 F. Supp. 646 (D. Mass.1977), David B. Schultz

Western New England Law Review

No abstract provided.

The Influence Of James B. Thayer Upon The Work Of Holmes, Brandeis, And Frankfurter, Wallace Mendelson

Vanderbilt Law Review

James Bradley Thayer was one of the major figures in American constitutional law if only because of his influence upon Holmes, Brandeis, and Frankfurter (to say nothing of Learned and Augustus Hand). Now almost forgotten, Thayer, along with Christopher Columbus Langdell, John Chipman Gray, and James Barr Ames, was one of the giants at the Harvard Law School during its "golden age"at the close of the nineteenth century.' His legal career began only after serious flirtation with divinity and the Greek and Latin classics. That his interest in such matters was never suppressed entirely is evident in his "A Western …

Constitutional Law: Equal Protection: Martinez V. Santa Clara Pueblo--Sexual Equality Under The Indian Civil Rights Act, Andra Pearldaughter

American Indian Law Review

No abstract provided.

Constitutional Law: Santa Clara Pueblo V. Martinez: Tribal Membership And The Indian Civil Rights Act, Vieno Lindstrom

American Indian Law Review

No abstract provided.

Recent Developments

American Indian Law Review

No abstract provided.

Recent Developments

American Indian Law Review

No abstract provided.

United States V. Wheeler, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. John, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Recent Cases, John P. Kelly, G. David Dodd

Vanderbilt Law Review

The principle that the government must not only refrain from providing special preference to a particular religion, but, that it also must stand apart from religion in general is abridged once the government seeks to provide sustenance to religious interests. Government neutrality is preserved, however, when the government merely provides fertile ground on which religious interests can thrive independently. Because state-imposed employment accommodation of religious precepts creates proselytizing opportunities" upon which religious interests flourish and because there is no overriding government interest in requiring such accommodation, Title VII's Randolph Amendment transgresses establishment clause prohibitions.

John P. Kelly

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The court …

Department Of Health And Rehabilitative Services V. Herzog, 317 So. 2d 865 (Fla. 2d Dist. Ct. App. 1975), M. Catherine Lannon

Florida State University Law Review

Constitutional Law- ADOPTION- FATHER OF AN ILLEGITIMATE CHILD IS NOT NECESSARILY ENTITLED TO NOTICE IN ADOPTION PROCEEDINGS.

Nelson V. State, 319 So. 2d 154 (Fla. 2d Dist. Ct. App. 1975), Randall O. Reder

Florida State University Law Review

Constitutional Law- SEARCH AND SEIZURE- SCHOOL OFFICIALS' AUTHORITY TO SEARCH STUDENTS IS AUGMENTED BY THE In Loco Parentis DOCTRINE.

Recent Cases, James H. Lokey, Jr., Stephen D. Goodwin, Charles L. Jarik

Vanderbilt Law Review

Constitutional Law--Criminal Procedure-Circuits Split over Application of Stone v. Powell's "Opportunity for Full and Fair Litigation"

James H. Lokey, Jr.

In Stone v. Powell,' the third 1976 decision, the Supreme Court made a limited but distinct break with precedent. Stone held that a state prisoner may not be granted federal habeas relief on the ground that evidence obtained in an unconstitutional search and seizure was introduced at his trial as long as the state has provided an "opportunity for full and fair litigation" of his fourth amendment claim." The Court, as noted previously, did not define what kind of "opportunity" …

Comments, Ralph D. Karpinos, William C. Guida, Kathleen E. Crum

South Carolina Law Review

No abstract provided.

Nova Law Review Full Issue Volume 1

Nova Law Review

No abstract provided.

The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun

Publications

No abstract provided.

The Thirteenth And Fourteenth Amendments: Constitutional Authority For Federal Legislation Against Private Sex Discrimination, Emily Calhoun

Publications

No abstract provided.

Competency To Stand Trial In Federal Courts: Conceptual And Constitutional Problems, William T. Pizzi

Publications

No abstract provided.

Constitutional Rights And Land Use Planning: The New And The Old Reality, Robert R. Wright

Law Faculty Scholarship

No abstract provided.

Recent Cases, Samuel E. Stumpf, Jr., M. Carolyn Barefield, Robert S. Reder, Stephen C. Morton, Randolph C. Coley

Vanderbilt Law Review

Noerr-Pennington Immunity for Joint Efforts to Influence Governmental Action - Intent to Cause Competitive Injury, Evidenced by Repeated, Baseless Opposition Before an Adjudicatory Body, Does Not Result in Loss of Noerr-Pennington Immunity Absent Specific Allegations of Conduct External to or Abusive of the Adjutory Processes

Samuel E. Stumpf, Jr.

Constitutional Law - First Amendment - Student's Right to Receive Information Precludes Board's Removal of Allegedly Offensive Books from High School Library

M. Carolyn Barefield

Constitutional Law-Search and Seizure - Federal Courts Are Bound by Federal Wiretapping Statutes and Will Not Exclude Evidence Seized by State Agents in Violation of More …

Constitutional Law, David C. Eckstrom

South Carolina Law Review

No abstract provided.

Recent Cases, Laurence M. Hamric, William G. Scott, Mitchell M. Purvis, George M. Kryder, Iii, Richard M. Pitt

Vanderbilt Law Review

Laurence M. Hamric

The instant decision demonstrates the inability of the Court, on its own or with the meager guidance provided by Congress, to discern a clear standard by which to measure the propriety of union organizational activity in light of current federal labor and antitrust law. Faced with a fact pattern that did not embody an apparent anticompetitive intent, a classic conspiracy between labor and non-labor entities, or activity clearly unrelated to the legitimate union interest in achieving better wages and working conditions, the Court was forced to abandon the "clear showing" test of Pennington," the"intimately related" test of …

Castaneda V. Partida, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Doctrine Of An Inspired Constitution, Noel B. Reynolds

BYU Studies

No abstract provided.

Recent Cases, Richard T. Hurt, Jay D. Christiansen, William J. Rees, William D. Gutermuth

Vanderbilt Law Review

Constitutional Law--Action Under Color of State Law--Legislative Authorization of Private Action Resembling Public Function Constitutes Action Under Color of State Law

The instant case creates a two to two split in the circuits on the question whether the seizure of a tenant's possessions under a land-lord lien statute is action under color of state law. The decisions in Davis and Anastasia provide the potential for abuse that Fuentes was designed to prevent-the indiscriminate entry into the debtor's home and seizure of his belongings without prior notice and hearing.Hall and the instant opinion, however, provide a more equitable result. While the …

The Constitutionality Of The Multistate Tax Compact, Robert M. White

Vanderbilt Law Review

It is now firmly established that states have the constitutional power to tax multistate businesses on net income reasonably attributable to activity within the taxing state. Within this legal frame-work, limited only by Public Law 86-272, the states have fashioned separate and diverse rules for the taxation of multistate corporations.'The recently formed Multistate Tax Compact provides an efficient alternative to both the present disarray of state statutes and possible federal regulation of interstate taxation. The principal purposes of the Compact are to establish uniform rules for determining state tax liabilities of multistate taxpayers, to eliminate ineffective tax administration and the …

Recent Cases, Walter S. Weems, Mary M. Schaffner, Ronald G. Harris

Vanderbilt Law Review

Constitutional Law-State and Local Tax-- Nondiscriminatory Ad Valorem Property Tax on Imports Stored in Warehouse Pending Sale Is Not Prohibited by Import-Export Clause

The framers of the Constitution enacted the import-export clause with the apparent intent that it remedy shortcomings of the Articles of Confederation and achieve specified national goals. Since the Articles of Confederation allowed individual states to regulate commerce as they saw fit, the seaboard stales, through whose ports goods in foreign commerce had to pass, were able to impose duties on imports destined for inland states. One reason for the import-export clause was to preserve harmony among …

State V. Ecker, 311 So. 2d 104 (Fla. 1975), Deborah Miller

Florida State University Law Review

Constitutional Law- VAGRANCY- FLORIDA'S LOITERING STATUTE UPHELD AS CONSTITUTIONAL WHEN CONSTRUED TO PROHIBIT LOITERING WHICH THREATENS PUBLIC SAFETY OR A BREACH OF THE PEACE.

Prospective Remedies In Constitutional Adjudication, Doug Rendleman

Scholarly Articles

None available