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Neutral Principles And Some First Amendment Problems, Robert H. Bork

Indiana Law Journal

The text of this article was delivered in the Spring of 1971 by Professor Bork at the Indiana University School of Law as part of the Addison C. Harriss lecture series.

Purging Unseemly Expletives From The Public Scene: A Constitutional Dilemma, Ellen K. Thomas

Indiana Law Journal

No abstract provided.

Some Observations On The Supreme Court's Use Of Property Concepts In Resolving Fourth Amendment Problems, Fernand N. Dutile

Journal Articles

There is a tendency among lawyers and laymen alike to consider "property rights" wholly distinct from "human rights", and to disparage the former in favor of the latter. To a large extent the tendency has been appropriate. One of the happiest chapters of recent times has been the effort to champion human values even at the expense of restricting the individual's use of his "own" property. The public accommodations section of the 1964 Civil Rights Act, the increase in aesthetic zoning, the extension of landlords' responsibilities with respect to leased properties and the expansion of consumer protection highlight the law's …

Right To Jury Trial: Indiana's Misapplication Of Due Process Standards In Delinquency Hearings, Robert Gullick

Indiana Law Journal

No abstract provided.

The Supreme Court: Viable Fallibilism Or Fatal Infallibility, Bernard Goodwin

Vanderbilt Law Review

The recent growth in the importance and apparent power of the Supreme Court has been one result of our rapidly changing twentieth century society. In the social ferment of the last two decades, the Court, more than Congress, has expressed the conscience and intellectual consensus of American culture. Speaking as a practicing attorney and concerned citizen, the author of this article does not criticize the Court for stepping into this gap in our governmental structure, but he feels that the possibility of increased activism on the part of the Court indicates a serious breakdown in governmental checks and balances and …

The Haynsworth Affair Reconsidered: The Significance Of Conflicting Perceptions Of The Judicial Role, Edward N. Beiser

Vanderbilt Law Review

Between 1900 and 1968, the Senate had refused to confirm an appointee to the Supreme Court on only one occasion. Then, within a two year period, the Senate twice refused to confirm an appointment: Associate Justice Abe Fortas, nominated as Chief Justice in 1968, was never acted upon because of a Senate filibuster,and his name was withdrawn; and Judge Clement Haynsworth, whose nomination provoked a great deal of debate and controversy, was ultimately rejected by the Senate by a vote of 55 to 45. These two incidents marked a distinct change from the traditional custom of Senatorial acquiescence to Presidential …

Two Cheers For The Supreme Court, Paul A. Freund

Cleveland State Law Review

Text of speech given by Prof. Freund on the occasion of the presentation of the 1969 SCRIBES award for the best book written for laymen as well as lawyers, Law and Justice (Harvard University Press, 1968).

First Amendment "Due Process", Henry Paul Monaghan

Faculty Scholarship

A number of recent Supreme Court opinions, primarily in the obscenity area, have fastened strict procedural requirements on governmental action aimed at controlling the exercise of first amendment rights. Professor Monaghan believes that there are two basic principles that can be distilled from these cases: that a judicial body, following an adversary hearing, must decide on the protected character of the speech, and that the judicial determination must either precede or immediately follow any governmental action which restricts speech. The author argues that these two broad principles should limit any governmental activity which affects freedom of speech, no matter how …

Foreword: Waiver Of Constitutional Rights: Disquiet In The Citadel, Michael E. Tigar

Faculty Scholarship

Foreword to Harvard Law Review review of Supreme Court 1969 Term

Book Reviews, Law Review Staff

Vanderbilt Law Review

This is a deceptive book. It appears to be one more friendly appraisal of the work of the Warren Court--this time from the recent Solicitor General-surveying in giant steps and broad strokes its decisions in six major areas within the short space of 135 pages. On close reading it turns out to be a tough-minded essay written with notable lucidity, analytical density, and high professional competence. Moreover, it confronts directly and steadily the well-worn paradox or dilemma of the Supreme Court of the United States which must be both court and political institution, and it seriously attempts to appraise the …

The Debate Over The Caliber Of Arbitrators: Judge Hays And His Critics, Julius G. Getman

Indiana Law Journal

No abstract provided.

The Wage Priority Issue: Formula For Consensus, Gary D. Spivey

Indiana Law Journal

No abstract provided.

Summary Judgment In Indiana, John P. Mitchell

Indiana Law Journal

No abstract provided.

The Power Of The Civil Aeronautics Board To Grant Inclusive Tour Authority To The Supplemental Air Carriers Under The 1962 Amendment To The Federal Aviation Act, John L. Steinkamp

Indiana Law Journal

No abstract provided.

The Impact And Constitutionality Of Voter Residence Requirements As Applied To Certain Intrastate Movers, Nicholas K. Brown

Indiana Law Journal

No abstract provided.

The Right To Counsel And The Role Of Counsel In Juvenile Court Proceedings, Daniel L. Skoler

Indiana Law Journal

Symposium on Juvenile Problems: In re Gault

Federal Rule Of Civil Procedure 71a(H) Land Commissions: The First Fifteen Years, Julian Conrad Juergensmeyer

Indiana Law Journal

No abstract provided.

Juvenile Courts And The Legacy Of '67, Monrad G. Paulsen

Indiana Law Journal

Symposium on Juvenile Problems: In re Gault

Back To Back, Leonard Baker

Washington and Lee Law Review

No abstract provided.

State Loyalty Programs And The Supreme Court, Anthony W. Mommer

Indiana Law Journal

No abstract provided.

Labor Law Decisions Of The Supreme Court, October Term 1967-68, Charles H. Livengood Jr.

Faculty Scholarship

No abstract provided.

The Desegregation Opinion Revisited:Legal Or Sociological?, Morris D. Forkosch

Vanderbilt Law Review

It is the thesis of this article that the Supreme Court, regardless of its decision for or against the state laws, had the judicial ability and jurisdiction to render the opinion in the Desegregation Case of 1954. A distinction is drawn here between the judicial power to decide a case regardless of any attendant consequences, and the reasons given for that decision. When reasons which were supposedly valid seventy years ago are now rejected, there is nothing illogical in this rejection so long as the Court still adheres to the identical procedure used earlier; but when the substance within the …

The Misuse Doctrine And Post Expiration-Discriminatory-And Exorbitant Patent Royalties, Larry R. Fisher

Indiana Law Journal

No abstract provided.

From Escobedo To Miranda: The Anatomy Of A Supreme Court Decision, By Richard J. Medalie

Washington and Lee Law Review

No abstract provided.

Expanding Liberties: Freedom's Gains In Postwar America, By Milton R. Konvitz, Gary S. Goodpaster

Indiana Law Journal

No abstract provided.

Book Reviews, Robert H. Birkby, Elliot E. Cheatham

Vanderbilt Law Review

Law and Politics in the Supreme Court By Martin Shapiro New York: Free Press of Glencoe, 1964. Pp. 333. $6.95.

reviewer: Robert H. Birkby

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Lives of the Lord Chancellors, 1885-1940 By R. F. V. Heuston Oxford: Clarendon Press, 1964, Pp. xxiii, 632.

reviewer: Elliot E. Cheatham

The Reapportionment Cases: Cognitive Lag, The Malady And Its Cure, E. F. Roberts, Paul T. Shultz Iii

Cornell Law Faculty Publications

The reapportionment cases have been considered by many to be the product of a liberal, activist Court which is endeavoring to reshape America’s political life according to its own views. The authors of this article assert that, to the contrary, the Court actually is reacting to the incontrovertible fact of the modern predominance of urban complexities which have rendered inappropriate our older political boundaries. In this sense, they consider the Court’s decisions conservative rather than liberal- because the Court’s purpose is to maintain a version of federalism along state boundaries which may have become outmoded even before the Court entered …

Lobbying The Supreme Court—An Appraisal Of "Political Science Folklore", Nathan Hakman

Fordham Law Review

No abstract provided.

Interrogation Of Criminal Defendants—Some Views On Miranda V. Arizona

Fordham Law Review

The decision in Miranda v. Arizona is another of the United States Supreme Court's major efforts directed at the protection of individual liberties. The tremendous controversy engendered by the decision prompted the Editorial Board to invite a number of scholars to express their views on the case. These remarks follow a digest of the opinion of the Court.

Professor Kurland, The Supreme Court And Political Science, Donald P. Kommers

Journal Articles

IN A SYMPOSIUM held at the Notre Dame Law School on February 29, 1964, on several constitutional amendments designed to limit the power of the Supreme Court, Professor Philip B. Kurland of the University of Chicago Law School read a terse and delightfully witty paper in which he compared the Supreme Court to Caesar, sieged on the one side by the modem forces of Brutus, and championed on the other side by the contemporary Mark Antonys. There was no doubt in Professor Kurland's mind that the efforts of conspirators like the Council of State Governments, not to mention its less …