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Full-Text Articles in Law
Constitutional Law - Racial Discrimination - Thirteenth Amendment, Nicholas D. Krawec
Constitutional Law - Racial Discrimination - Thirteenth Amendment, Nicholas D. Krawec
Duquesne Law Review
42 U.S.C. § 1982-The United States Supreme Court has held that the official closing of a public street, resulting in a benefit for the white residents of that street and an inconvenience disparately impacting black residents of a neighboring community, is neither a badge of slavery prohibited by the thirteenth amendment nor an impairment of property interests protected by 42 U.S.C. § 1982.
City of Memphis v. Greene, 101 S. Ct. 1584 (1981).
Constitutional Law - Fifth And Fourteenth Amendments - Privilege Against Self-Incrimination - Procedure In State Criminal Trials - Jury Instructions, Terry J. Trexler
Constitutional Law - Fifth And Fourteenth Amendments - Privilege Against Self-Incrimination - Procedure In State Criminal Trials - Jury Instructions, Terry J. Trexler
Duquesne Law Review
The Supreme Court of the United States has held that a state criminal trial judge has a constitutional obligation, on a defendant's request, to instruct a jury that no inference of guilt may be drawn from a defendant's failure to testify.
Carter v. Kentucky, 101 S. Ct. 1112 (1981).
Constitutional Law - Mootness - Personal Stake - Class Actions, Thomas F. Smida
Constitutional Law - Mootness - Personal Stake - Class Actions, Thomas F. Smida
Duquesne Law Review
The United States Supreme Court has held that an action brought on behalf of a class may be appealed upon expiration of the named plaintiffs substantive claim even though the class certification has been denied.
United States Parole Commission v. Geraghty, 445 U.S. 388 (1980).
Constitutional Law - Police Power - Equal Protection - Voluntary Deviate Sexual Intercourse Statute, Louis Bader
Constitutional Law - Police Power - Equal Protection - Voluntary Deviate Sexual Intercourse Statute, Louis Bader
Duquesne Law Review
The Pennsylvania Supreme Court has held that the Pennsylvania voluntary deviate sexual intercourse statute is beyond the valid exercise of the state's police power and is violative of the equal protection clauses of the Constitution of the United States and the Constitution of the Commonwealth of Pennsylvania.
Commonwealth v. Bonadio, 490 Pa. 91, 415 A.2d 47 (1980).
Constitutional Law - Eighth Amendment - Capital Punishment - State Death Penalty Statutes - Procedural Safeguards, Scott T. Redman
Constitutional Law - Eighth Amendment - Capital Punishment - State Death Penalty Statutes - Procedural Safeguards, Scott T. Redman
Duquesne Law Review
The Supreme Court of the United States has held that the Alabama death penalty statute which prohibited a jury instruction of lesser included offenses in a capital case is unconstitutional because it diminishes the reliability of the guilt determination process, leading to an arbitrary and irrational imposition of the death penalty.
Beck v. Alabama, 447 U.S. 625 (1980).