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Articles 1 - 30 of 144
Full-Text Articles in Law
William And Mary Bicentennial Commemoration: Virginia Constitutional Commentaries: The Formative Period, 1776-1803, William F. Swindler
William And Mary Bicentennial Commemoration: Virginia Constitutional Commentaries: The Formative Period, 1776-1803, William F. Swindler
William & Mary Law Review
No abstract provided.
Essay--Fighting For Their Lives: The Applicability Of The Fairness Doctrine To Violence In Children's Television Programming, Thomas Barton
Essay--Fighting For Their Lives: The Applicability Of The Fairness Doctrine To Violence In Children's Television Programming, Thomas Barton
West Virginia Law Review
No abstract provided.
Judicial Competence And Fundamental Rights, Earl S. Maltz, Ira C. Lupu
Judicial Competence And Fundamental Rights, Earl S. Maltz, Ira C. Lupu
Michigan Law Review
In the April 1979 issue of the Michigan Law Review, Professor Ira Lupu added his valuable contribution to the continuing debate on the problem of defining the nature of fundamental rights under the Constitution. In many respects his article is a wholly admirable piece of scholarship, both well-researched and carefully reasoned. However, on one issue - the question of judicial competence to identify the values he defines as fundamental - Professor Lupu's discussion is seriously deficient. This letter will examine the problem of judicial competence and conclude that it is fatal to Professor Lupu's conception of the appropriate role …
Changing Government: The 1971-72 Newfoundland Example, Peter Neary
Changing Government: The 1971-72 Newfoundland Example, Peter Neary
Dalhousie Law Journal
Newfoundland has long provided a rich field of interest for students of constitutional minutiae. The reason for this is not hard to find. In 1842 the Colony's elective Legislative Assembly and its appointive Legislative Council, both established in 1832, were combined in one chamber.' In 1861, only six years after "responsible government" had been achieved in the Colony, the government of John Kent was dismissed from office by Governor Sir Alexander Bannerman. 2 In 1908 a general election produced a tie and a crisis which was resolved only through the action of Governor Sir William MacGregor. 3 In 1919 a …
Censorship And The Supreme Court: Re Nova Scotia Board Of Censors Et Al. V. Mcneil, William A. Mcmaster
Censorship And The Supreme Court: Re Nova Scotia Board Of Censors Et Al. V. Mcneil, William A. Mcmaster
Dalhousie Law Journal
On January 8, 1974, the Nova Scotia Amusements Regulation Board banned the showing of the film Last Tango in Paris. Gerard McNeil, the editor of a Dartmouth newspaper, decided to challenge the powers of the Board to make such prohibitions. He first appealed to the Lieutenant-Governor in Council, as required by section 3(4) of the Theatres and Amusements Act' but he was not recognized by that body as having the right to appeal. He then requested the Attorney-General to refer the constitutionality of the Act to the Appeal Division of the Supreme Court of Nova Scotia, but to no avail. …
Due Process For Hill-Burton Assisted Facilities, Margaret L. Huddleston
Due Process For Hill-Burton Assisted Facilities, Margaret L. Huddleston
Vanderbilt Law Review
The need to make health care available to all Americans does not justify the impairment of governmental contracts with Hill-Burton grantees. When substantial rights are greatly impaired by retroactive legislation, the need for a strong governmental justification becomes more acute. The impairment caused by the post-1947 Hill-Burton regulations, particularly the 1979 regulations, is neither reasonable nor necessary in light of the nature and extent to which they impair substantial private rights. The recent Hill-Burton regulations attempt to make health care more available to Americans,but the Government seeks to do this without additional financial expenditure on its part. Although the goal …
Constitutional Law-Criminal Law-Pretrial Detainees May Be Subjected To Conditions Of Confinement Reasonably Related To Legitimate Government Objectives-Bell V. Wolfish, 99 S. Ct. 1861 (1979).
BYU Law Review
No abstract provided.
Constitutional Law-Equal Protection-Parent And Child-Adoption-Unwed Father Has Equal Protection Right To Consent-Caban V. Mohammed, 441 U.S. 380 (1979).
BYU Law Review
No abstract provided.
Parental Notification As A Prerequisite For Minors' Access To Contraceptives: A Behavioral And Legal Analysis, Michael N. Finger
Parental Notification As A Prerequisite For Minors' Access To Contraceptives: A Behavioral And Legal Analysis, Michael N. Finger
University of Michigan Journal of Law Reform
This article examines whether the constitutional right of parents to determine what is best for their children prevents the state from permitting minors access to contraceptives without notifying their parents. Part I examines the effect of the presence or absence of a notice requirement upon the interests of parents, minors, and the state. Part II reviews the development of the constitutional right of privacy and the impact of parental rights and state interests on the extension of privacy rights to minors. Part III considers the manner in which the interests of minors, parents, and the state should be balanced. The …
Alimony For Men -- The Changing Law, Pamela Joy Smith
Alimony For Men -- The Changing Law, Pamela Joy Smith
Florida State University Law Review
No abstract provided.
Discovery And The First Amendment, Kevin R. Vienna
Discovery And The First Amendment, Kevin R. Vienna
William & Mary Law Review
No abstract provided.
Police Use Of Trickery As An Interrogation Technique, James G. Thomas
Police Use Of Trickery As An Interrogation Technique, James G. Thomas
Vanderbilt Law Review
This Note maintains that trickery can be effectively curtailed despite the failure of Miranda to do so. This Note argues that trickery in the interrogation room is a violation of fourteenth amendment substantive due process. The Supreme Court has recently stated, in very unambiguous terms, that due process requirements exist independently of the fifth amendment Miranda requirements in the interrogation context." This Note therefore proposes an objective due process standard that would prohibit trickery. The violation of this due process standard would require the exclusion at trial of confessions induced by trickery. Because the exclusionary rule is not a sufficient …
Markert V. Johnston, 367 So. 2d 1003 (Fla. 1978), Jane Cameron Hayman
Markert V. Johnston, 367 So. 2d 1003 (Fla. 1978), Jane Cameron Hayman
Florida State University Law Review
Torts-CIVIL PROCEDURE- NONJOINDER OF MOTOR VEHICLE LIABILITY INSURERS HELD UNCONSTITUTIONAL
Listeners' Rights Providing A State Action Theory In The "Company Town" Analogues, Thomas A. Clements
Listeners' Rights Providing A State Action Theory In The "Company Town" Analogues, Thomas A. Clements
Indiana Law Journal
No abstract provided.
Mccall V. State, 354 So. 2d 869 (Fla. 1978), Arthur C. Beal, Jr.
Mccall V. State, 354 So. 2d 869 (Fla. 1978), Arthur C. Beal, Jr.
Florida State University Law Review
Constitutional Law-THE FINE LINE BETWEEN PROTECTED AND NON-PROTECTED SPEECH
Bakke, Weber And Mr. Justice Stewart: Constitutional Theory And Affirmative Action, Albert Broderick
Bakke, Weber And Mr. Justice Stewart: Constitutional Theory And Affirmative Action, Albert Broderick
North Carolina Central Law Review
No abstract provided.
Plea Bargaining: Is Contract Law Or Constitutional Law The Governing Principle, Herman Lewis Sloan
Plea Bargaining: Is Contract Law Or Constitutional Law The Governing Principle, Herman Lewis Sloan
North Carolina Central Law Review
No abstract provided.
Secular Control Of Non-Public Schools, Carl L. Fletcher Jr.
Secular Control Of Non-Public Schools, Carl L. Fletcher Jr.
West Virginia Law Review
No abstract provided.
Application Of A Constitutionally-Based Duty Of Fair Representation To Union Hiring Halls, Robert M. Bastress
Application Of A Constitutionally-Based Duty Of Fair Representation To Union Hiring Halls, Robert M. Bastress
West Virginia Law Review
No abstract provided.
Jury Tampering - 1978 Style Lawyer's Forum., W. James Kronzer
Jury Tampering - 1978 Style Lawyer's Forum., W. James Kronzer
St. Mary's Law Journal
Abstract Forthcoming.
The Younger Abstention Doctrine: Primary State Jurisdiction Over Law Enforcement., David A. Dittfurth
The Younger Abstention Doctrine: Primary State Jurisdiction Over Law Enforcement., David A. Dittfurth
St. Mary's Law Journal
Abstract Forthcoming.
Allocation Of Peremptory Challenges Among Multiple Parties., Daniel J. Sheehan Jr., Cynthia C. Hollingsworth
Allocation Of Peremptory Challenges Among Multiple Parties., Daniel J. Sheehan Jr., Cynthia C. Hollingsworth
St. Mary's Law Journal
Abstract Forthcoming.
The Abortion-Funding Cases And Population Control: An Imaginary Lawsuit (And Some Reflections On The Uncertain Limits Of Reproductive Privacy), Susan Frelich Appleton
The Abortion-Funding Cases And Population Control: An Imaginary Lawsuit (And Some Reflections On The Uncertain Limits Of Reproductive Privacy), Susan Frelich Appleton
Michigan Law Review
Two issues are before us today: (I) the meaning of the term "medically necessary" in a public hospital's charter and (II) the constitutionality of state action that provides free medical treatment to indigent pregnant women seeking an abortion but denies them such assistance for prenatal care and childbirth. On the basis of recent Supreme Court authority, we find that such action violates neither the hospital's charter nor the United States Constitution.
Roe V. Wade And The Lesson Of The Pre-Roe Case Law, Richard Gregory Morgan
Roe V. Wade And The Lesson Of The Pre-Roe Case Law, Richard Gregory Morgan
Michigan Law Review
The politically unsettled and judicially confused law of abortion in 1971 and 1972, when the Court twice heard arguments and deliberated Roe, should have warned it not to decide the case. By doing so; the Court thrust itself into a political debate and stunted the development of a thoughtful lower-court case law. If the Court did perceive the warnings but continued toward a decision anyway, perhaps trusting that its own considerable wits would devise an answer the lower courts had not, the result suggests that the judicial system's axioms deserve more respect than they received. This Article, by showing …
Alternatives To The Right To Strike For Public Employees: Do They Adequately Implement Florida's Constitutional Right To Collectively Bargain?, Alaine S. Williams
Alternatives To The Right To Strike For Public Employees: Do They Adequately Implement Florida's Constitutional Right To Collectively Bargain?, Alaine S. Williams
Florida State University Law Review
No abstract provided.
Florida Board Of Bar Examiners Re Groot, 365 So. 2d 164 (Fla. 1978); Florida Board Of Bar Examiners V. G.W.L., 364 So. 2d 454 (Fla. 1978), Carolyn Songer Raepple
Florida Board Of Bar Examiners Re Groot, 365 So. 2d 164 (Fla. 1978); Florida Board Of Bar Examiners V. G.W.L., 364 So. 2d 454 (Fla. 1978), Carolyn Songer Raepple
Florida State University Law Review
Constitutional Law-FLORIDA BAR ADMISSION RULE REQUIRING GOOD MORAL CHARACTER DOES NOT DEFEAT THE PURPOSE OF THE FEDERAL BANKRUPTCY ACT IN VIOLATION OF THE SUPREMACY CLAUSE OF THE UNITED STATES CONSTITUTION
State V. West, No. 53, 123, 23 Fla. L. W. 265 (Sup. Ct. June 7, 1979), Marjorie E. Smith
State V. West, No. 53, 123, 23 Fla. L. W. 265 (Sup. Ct. June 7, 1979), Marjorie E. Smith
Florida State University Law Review
Constitutional Law-EQUAL PROTECTION-STATUTE OF LIMITATIONS FOR PATERNITY SUITS DOES NOT DENY ILLEGITIMATE CHILDREN THE EQUAL PROTECTION OF THE LAWS
The Unwed Father: Conflict Of Rights In Adoption Proceedings, Winston R. Davis
The Unwed Father: Conflict Of Rights In Adoption Proceedings, Winston R. Davis
Florida State University Law Review
No abstract provided.
Florida's Adherence To The Doctrine Of Nondelegation Of Legislative Power, Carl J. Peckinpaugh, Jr.
Florida's Adherence To The Doctrine Of Nondelegation Of Legislative Power, Carl J. Peckinpaugh, Jr.
Florida State University Law Review
No abstract provided.
Constitutional Issues In The Reclamation Of Orphaned Mined Lands Under The Surface Mining Control And Reclamation Act Of 1977, Betsy Clare Steinfeld
Constitutional Issues In The Reclamation Of Orphaned Mined Lands Under The Surface Mining Control And Reclamation Act Of 1977, Betsy Clare Steinfeld
West Virginia Law Review
No abstract provided.