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Constitutional Law

Journal

1976

Institution
Keyword
Publication

Articles 1 - 30 of 196

Full-Text Articles in Law

Pendidikan Hukum Di Amerika Serikat, Gregory Churchill Dec 1976

Pendidikan Hukum Di Amerika Serikat, Gregory Churchill

Jurnal Hukum & Pembangunan

No abstract provided.


Pembaharuan Pendidikan Hukum, Team Asesmen Pendidikan Hukum Dec 1976

Pembaharuan Pendidikan Hukum, Team Asesmen Pendidikan Hukum

Jurnal Hukum & Pembangunan

No abstract provided.


Penelitian Hukum Dan Pendidikan Hukum, Soerjono Soekanto Dec 1976

Penelitian Hukum Dan Pendidikan Hukum, Soerjono Soekanto

Jurnal Hukum & Pembangunan

No abstract provided.


Pendidikan Hukum Di Mata Mahasiswa, Arief Taruna Dec 1976

Pendidikan Hukum Di Mata Mahasiswa, Arief Taruna

Jurnal Hukum & Pembangunan

No abstract provided.


The New Pro-Life Legislation: Patterns And Recommendations., Joseph P. Witherspoon Dec 1976

The New Pro-Life Legislation: Patterns And Recommendations., Joseph P. Witherspoon

St. Mary's Law Journal

Abstract Forthcoming.


Constitutional Law, David E. Hudson Dec 1976

Constitutional Law, David E. Hudson

Mercer Law Review

As in years past, the bulk of the Georgia appellate court decisions in the area of constitutional law concerned the criminal law aspects of the Fourth, Fifth, and Sixth Amendments and the due process clause of the Fourteenth Amendment of the U.S. Constitution. A significant although lesser number of constitutional decisions involved civil matters and will also be discussed in this survey.


Adjudication Of Federal Causes Of Action In State Court, Martin H. Redish, John E. Muench Dec 1976

Adjudication Of Federal Causes Of Action In State Court, Martin H. Redish, John E. Muench

Michigan Law Review

The first section of this article considers the power of state courts to hear federal cases. Since it is now well established that state courts have the constitutional power to adjudicate federal causes of action if Congress so desires, the significant questions concern the method by which the judiciary is to decipher congressional intent. Although the courts have no difficulty where Congress has explicitly addressed the issue of state court jurisdiction, problems do arise in situations where Congress has remained silent on the question. The first section critically examines the traditional criteria employed by the courts for determining congressional intent …


Buckley V. Valeo, Its Aftermath, And Its Prospects: The Constitutionality Of Government Restraints On Political Campaign Financing, Brice M. Clagett, John R. Bolton Nov 1976

Buckley V. Valeo, Its Aftermath, And Its Prospects: The Constitutionality Of Government Restraints On Political Campaign Financing, Brice M. Clagett, John R. Bolton

Vanderbilt Law Review

The Supreme Court's decision in Buckley v. Valeo' undoubtedly will be the forerunner of many future decisions dealing with the complex area of political campaign finance and thus will exert a profound influence on the structure of American politics. From a broader perspective, the decision significantly applies fundamental constitutional law doctrines concerning the first amendment and separation of powers. Accordingly, a clear understanding of what the Court did and did not do in Buckley is essential to any further legislative or judicial initiatives in the regulation of political activity. This article will examine the Court's holdings in Buckley, describe the …


Constitutional Law-Substantive Due Process- Abortion-Reasonable Statutory Recordkeeping And Reporting Requirements Upheld-Planned Parenthood V. Danforth, James C. Swindler Nov 1976

Constitutional Law-Substantive Due Process- Abortion-Reasonable Statutory Recordkeeping And Reporting Requirements Upheld-Planned Parenthood V. Danforth, James C. Swindler

BYU Law Review

No abstract provided.


Recent Cases, Laurence M. Hamric, William G. Scott, Mitchell M. Purvis, George M. Kryder, Iii, Richard M. Pitt Nov 1976

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 …


Affirmative Discrimination: Ethnic Inequality And Public Policy, By Nathan Glazer; Discriminating Against Discrimination: Preferential Admissions And The Defunis Case, By Robert M. O'Neil, Robert B. Mckay Oct 1976

Affirmative Discrimination: Ethnic Inequality And Public Policy, By Nathan Glazer; Discriminating Against Discrimination: Preferential Admissions And The Defunis Case, By Robert M. O'Neil, Robert B. Mckay

Indiana Law Journal

No abstract provided.


Standing, Mootness, And Federal Rule 23—Balancing Perspectives, Mary Kay Kane Oct 1976

Standing, Mootness, And Federal Rule 23—Balancing Perspectives, Mary Kay Kane

Buffalo Law Review

No abstract provided.


Martin V. Security Services, Inc., 314 So.2d 765 (Fla. 1975), Nancy Ann Daniels Oct 1976

Martin V. Security Services, Inc., 314 So.2d 765 (Fla. 1975), Nancy Ann Daniels

Florida State University Law Review

Torts- WRONGFUL DEATH- FLORIDA'S WRONGFUL DEATH ACT IS CONSTITUTIONAL AND PERMITS PUNITIVE DAMAGES.


In Defence Of Macdonald's Constitution, Eugene Forsey Oct 1976

In Defence Of Macdonald's Constitution, Eugene Forsey

Dalhousie Law Journal

To-night I propose to sing the praises of the Canadian Constitution of 1867. I call it "Macdonald's Constitution" for two reasons. The first is that, though of course it was the work of all the Fathers of Confederation, Macdonald, incontestably, was the chief architect. The second is that what I am concerned to defend is the basic document Macdonald left us: Macdonald's Constitution as distinct from Haldane's; Macdonald's Constitution before it was defaced and ravaged by the Judicial Committee of the British Privy Council; before it was distorted by those wicked Stepfathers of Confederation. Does it need defence? Yes. Against …


Rape Shield Laws: Some Constitutional Problems, David S. Rudstein Oct 1976

Rape Shield Laws: Some Constitutional Problems, David S. Rudstein

William & Mary Law Review

No abstract provided.


The New Dimensions Of Constitutional Adjudication, Archibald Cox Oct 1976

The New Dimensions Of Constitutional Adjudication, Archibald Cox

Washington Law Review

The new dimensions to which my title refers are of a different order; they are not substantive but institutional. That the Supreme Court has always played a partly political role—that it has always made a certain amount of public policy in some areas under the guise of interpreting the Constitution—is all too obvious. That it has usually felt partly bound by "law" is equally obvious to anyone who understands the self-discipline of the legal method. The question of emphasis always remains. How large or small is—or should be—the political element in judicial decisions? There also remains a second question. How …


Constitutional Law—Freedom Of The Press—Newsman's Privilege To Refuse Disclosure Of Confidential Sources In Criminal Trial—Farr V. Pitchess, 522 F.2d 464 (9th Cir. 1975), Cert. Denied, 98 S. Ct. 3200 (1976), Brian A. Morrison Oct 1976

Constitutional Law—Freedom Of The Press—Newsman's Privilege To Refuse Disclosure Of Confidential Sources In Criminal Trial—Farr V. Pitchess, 522 F.2d 464 (9th Cir. 1975), Cert. Denied, 98 S. Ct. 3200 (1976), Brian A. Morrison

Washington Law Review

Although interpreting prior case law to create a limited constitutional newsman's privilege, the Farr court did not adequately weigh the appropriate competing interests in denying the reporter's privilege to protect the confidentiality of his sources. This note will suggest that the court's overreliance upon the fair trial interest and its failure to analyze the newsman's testimonial privilege precluded the court from effectively utilizing the balancing test it stated to be applicable. As will be demonstrated, evaluation of the first amendment interest, when weighed against the opposing need for disclosure, should have led to a contrary decision in Farr.


Sanders V. Weinberger: Judicial Review Of Decisions Not To Reopen Administrative Proceedings Under The Social Security Act Oct 1976

Sanders V. Weinberger: Judicial Review Of Decisions Not To Reopen Administrative Proceedings Under The Social Security Act

William & Mary Law Review

No abstract provided.


In Defence Of Macdonald's Constitution, Eugene Forsey Oct 1976

In Defence Of Macdonald's Constitution, Eugene Forsey

Dalhousie Law Journal

To-night I propose to sing the praises of the Canadian Constitution of 1867. I call it "Macdonald's Constitution" for two reasons. The first is that, though of course it was the work of all the Fathers of Confederation, Macdonald, incontestably, was the chief architect. The second is that what I am concerned to defend is the basic document Macdonald left us: Macdonald's Constitution as distinct from Haldane's; Macdonald's Constitution before it was defaced and ravaged by the Judicial Committee of the British Privy Council; before it was distorted by those wicked Stepfathers of Confederation. Does it need defence? Yes. Against …


In Defence Of Macdonald's Constitution, Eugene Forsey Oct 1976

In Defence Of Macdonald's Constitution, Eugene Forsey

Dalhousie Law Journal

To-night I propose to sing the praises of the Canadian Constitution of 1867. I call it "Macdonald's Constitution" for two reasons. The first is that, though of course it was the work of all the Fathers of Confederation, Macdonald, incontestably, was the chief architect. The second is that what I am concerned to defend is the basic document Macdonald left us: Macdonald's Constitution as distinct from Haldane's; Macdonald's Constitution before it was defaced and ravaged by the Judicial Committee of the British Privy Council; before it was distorted by those wicked Stepfathers of Confederation. Does it need defence? Yes. Against …


De Facto And De Jure Sex Discrimination Under The Equal Protection Clause: A Reconsideration Of The Veterans' Preference In Public Employment, Grace Blumberg Oct 1976

De Facto And De Jure Sex Discrimination Under The Equal Protection Clause: A Reconsideration Of The Veterans' Preference In Public Employment, Grace Blumberg

Buffalo Law Review

No abstract provided.


Domestic Intelligence Informants, The First Amendment And The Need For Prior Judicial Review, Martin L. Perschetz Oct 1976

Domestic Intelligence Informants, The First Amendment And The Need For Prior Judicial Review, Martin L. Perschetz

Buffalo Law Review

No abstract provided.


Rights Of Accused Not Violated By Trial In Prison Clothing If No Objection Is Made During Trial Or Pretrial Proceedings., Patrick Strong Sep 1976

Rights Of Accused Not Violated By Trial In Prison Clothing If No Objection Is Made During Trial Or Pretrial Proceedings., Patrick Strong

St. Mary's Law Journal

Abstract Forthcoming.


Prisoner Correspondence With Courts, Prosecuting Attorneys, Probation And Parole Officers, Governmental Agencies, Lawyers, And The Press Is Subject To Constitutional Protections Which Limit Regulation By Prison Officials., Barry Paul Hitchings Sep 1976

Prisoner Correspondence With Courts, Prosecuting Attorneys, Probation And Parole Officers, Governmental Agencies, Lawyers, And The Press Is Subject To Constitutional Protections Which Limit Regulation By Prison Officials., Barry Paul Hitchings

St. Mary's Law Journal

Abstract Forthcoming.


Expanding Criminal Procedural Rights Under State Constitutions Sep 1976

Expanding Criminal Procedural Rights Under State Constitutions

Washington and Lee Law Review

No abstract provided.


Equal Justice Under Law, Erwin N. Griswold Sep 1976

Equal Justice Under Law, Erwin N. Griswold

Washington and Lee Law Review

No abstract provided.


A Jury Of One's Peers, Lewis H. Larue Sep 1976

A Jury Of One's Peers, Lewis H. Larue

Washington and Lee Law Review

No abstract provided.


Civil Commitment In Texas - An Illusion Of Due Process., Willis Luttrell Sep 1976

Civil Commitment In Texas - An Illusion Of Due Process., Willis Luttrell

St. Mary's Law Journal

Abstract Forthcoming.


Beberapa Masalah Hambatan Terhadap Pelaksanaan Perwasitan Internasional Di Indonesia, Sidik Suraputra Aug 1976

Beberapa Masalah Hambatan Terhadap Pelaksanaan Perwasitan Internasional Di Indonesia, Sidik Suraputra

Jurnal Hukum & Pembangunan

No abstract provided.


Pemillhan Umum 1975 Di Australia, Harun Alrasjid Aug 1976

Pemillhan Umum 1975 Di Australia, Harun Alrasjid

Jurnal Hukum & Pembangunan

No abstract provided.