Law Commons^™

Recent Cases, Law Review Staff

Vanderbilt Law Review

Bar Admissions-The Character Investigation as an Unconstitutional Scheme to Promote Conformity: Comment on "LSCRRC v. Wadmond"

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Civil Rights--Desegregation--HEW is Required to Make a Program-by-Program Finding of Discrimination in Order to Terminate Federal Funds Under Title VI of the Civil Rights Act of 1964

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Constitutional Law--Civil Rights-Section 1985(3) Does Not Reach Private Conspiracies

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Constitutional Law--Criminal Procedure--Sixth Amendment Does Not Require Right to Counsel for In-Custody Suspects at Photographic Identifications

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Constitutional Law--Equal Protection--States May Not Require More Than a Simple Majority to Authorize Local Bond Issues and Tax Levies Through Popular Election

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Constitutional Law--Reapportionment--Multi-Member Districts Which Minimize …

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 …

Criminal Law - Double Jeopardy - Benton V. Maryland, 89 S. Ct. 2056 (1969), Lawrence J. Lipka

William & Mary Law Review

No abstract provided.

Residence Requirements Constitute An Invidious Discrimination Denying Applicants Equal Protection Of The Laws, Violate The Due Process Clause Of The Fifth Amendment, And Place A Chilling Effect On The Right Of Interstate Travel., Angelo P. Parker

St. Mary's Law Journal

Abstract Forthcoming.

False Or Suppressed Evidence: Why A Need For The Prosecutorial Tie, Ronald L. Carlson

Scholarly Works

Many United States Supreme Court decisions have overturned criminal convictions for the reason that the government employed false evidence to obtain the conviction or failed to disclose relevant evidence important to the defense. In reversing federal or state judgments, the Court often has located direct proof of wrongdoing by the prosecutor. The notorious "bloody shorts" case is an example in point.' There, the state introduced as evidence a pair of men's "blood-stained" undershorts to achieve conviction of the accused. When the blood turned out to be red paint, the Supreme Court granted habeas corpus relief to the defendant because "[it …

The Supreme Court And Libel, Jerome Lawrence Merin

William & Mary Law Review

No abstract provided.

Howard: The Road From Runnymede: Magna Carta And Constitutionalism In America, Leonard W. Levy

Michigan Law Review

A Review o The Road from Runnymede: Magna Carta and Constitutionalism in America by A.E. Dick Howard

Constitutional Law--Double Jeopardy--Prosecutions By Both A City And A State For An Identical Offense As A Violation Of The Prohibition Against Double Jeopardy--Waller V. State, Michigan Law Review

Michigan Law Review

In Benton v. Maryland, decided in June of this year, the Supreme Court explicitly extended fifth amendment protection against double jeopardy to the states through the fourteenth amendment. Palko was specifically overruled to the extent that it was inconsistent with the Benton decision. Thus, the theories traditionally used to defend prosecutions by both a city and a state for the same offense must be examined to determine whether they are still valid when the fifth amendment's prohibition against double jeopardy is applied to state proceedings. This Recent Development examines the implications of the Benton decision for those theories.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Armed Forces--Courts-Martial Jurisdiction over Military Personnel Limited to Service--Connected Offenses

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Constitutional Law--Desegregation--Public Housing Authority Required to Build Most Units in White Neighborhoods

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Constitutional Law--Double Jeopardy--Fifth Amendment's Guarantee against Double Jeopardy is Applicable to the States through the Fourteenth Amendment

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Constitutional Law--Garnishment--Prejudgment Wage Garnishment, in Absence of Conditions Requiring the Special Protection of a State or Creditor Interest, Violates the Due Process Clause of the Fourteenth Amendment

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Constitutional Law--State Taxation--State Use Tax Invalidly Applied to Fuel Gas Used as an Integral Part of Interstate Commerce

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Corporations--Corporate Director Accountable to Corporation Under State Law for Profits …

Constitutional Law—Exclusion Of Congressman-Elect Who Met All Constitutional Qualifications Deemed Unconstitutional., Grace Blumberg

Buffalo Law Review

Powell v. McCormack, 395 U.S. 486 (1969).

Constitutional Limitations On Evidence In Criminal Cases. By James George, Jr., Irving Younger

Buffalo Law Review

No abstract provided.

The Constitution On The Campus, Charles A. Wright

Vanderbilt Law Review

This article is the text of the Oliver Wendell Holmes Lectures, delivered by Professor Wright at the Vanderbilt University School of Law in April, 1969. Oliver Wendell Holmes, Jr., left a large part of his estate to the United States at his death in 1935. By Act of Congress in 1955, the disposition of the property was entrusted to a Permanent Committee, which, among other projects, sponsors the, annual Hohnes Lectures by a distinguished legal scholar.

Professor Wright has brought to this topic both profound constitutional scholarship and wide experience in dealing with related problems at his university. His thesis …

Book Notes, Law Review Staff

Vanderbilt Law Review

The Child Savers: The Invention of Delinquency By Anthony M. Platt Chicago: University of Chicago Press, 1969. Pp. ix, 202.$8.50.

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Juvenile Delinquency and Urban Areas (rev. ed.) By Clifford R.Shaw & Henry D. McKay Chicago: University of Chicago Press,1969. Pp. 394.

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The Positive School of Criminology Edited by Stanley E. Grupp Pittsburgh: University of Pittsburgh Press, 1968. Pp. vi, 114. $5.95.

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State and Local Tax Problems Edited by Harry L. Johnson Knoxville: University of Tennessee Press, 1969. Pp. xiii, 190. $7.50.

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Tension in the Cities By James A. Bayton Philadelphia: Chilton Book Co., 1969. Pp. x, …

Constitutional Law - Private Possession Of Obscene Materials - Stanley V. Georgia, 89 S. Ct. 1243 (1969), Haldane Robert Mayer

William & Mary Law Review

No abstract provided.

State Appellate Courts And The Judicial Process: Written Obscenity, D. Grier Stephenson Jr.

William & Mary Law Review

No abstract provided.

Constitutional Law - Right Of Free Speech - Tinker V. Independent Community School District, 89 S. Ct. 733 (1969), Terry B. Light

William & Mary Law Review

No abstract provided.

The Road From Runnymede, Magna Carta And Constitutionalism In America, A. E. Dick Howard, Wilfred J. Ritz

Washington and Lee Law Review

No abstract provided.

Introduction, David G. Hanlon

West Virginia Law Review

No abstract provided.

What Should A Model Constitution Contain, Albert L. Sturm

West Virginia Law Review

No abstract provided.

West Virginia's Constitution And The Governor, Hulett C. Smith

West Virginia Law Review

No abstract provided.

The West Virginia Constitution And Taxation, J. Timothy Philipps

West Virginia Law Review

No abstract provided.

Constitutional Revision In Pennsylvania--Problems And Procedures, Robert Sidman

West Virginia Law Review

No abstract provided.

Constitutional Revision In Maryland--Problems And Procedures, James R. Quimper

West Virginia Law Review

No abstract provided.

Political Defamation: The Price Of Candidacy, James H. Mccauley

West Virginia Law Review

No abstract provided.

Practical Political Considerations In Constitutional Revision, Darrell V. Mcgraw

West Virginia Law Review

No abstract provided.

Constitutional Law--Stop And Frisk--Reasonableness Under The Fourth Amendment, John Michael Anderson

West Virginia Law Review

No abstract provided.

Constitutional Law--Vagrancy Ordinances--Their Future And Alternatives, Douglas Alan Cornelius, Joseph Marshall Stone

West Virginia Law Review

No abstract provided.

Conscription And The Constitution: The Original Understanding, Leon Friedman

Michigan Law Review

The general words of the Constitution-famous phrases such as "due process," "freedom of speech," "interstate commerce," and "raise and support armies"-are not self-evident concepts. As Justice Frankfurter said, "The language of the [Constitution] is to be read not as barren words found in a dictionary but as symbols of historic experience illumined by the presuppositions of those who employed them. Not what words did Madison and Hamilton use, but what was it in their minds which they conveyed?" While the framers obviously could not have foreseen the discovery of electromagnetic radio waves or atomic energy, and had no "intent" concerning …

Book Reviews, John A. Gorfinkel, Arthur S. Miller, Bruce L. Mcdonald

Vanderbilt Law Review

American Conflicts Law By Robert A. Leflar Indianapolis: Bobbs-Merrill Co., Inc., 1968. Pp. lxxvi, 677. $19.50

reviewer: John A. Gorfinkel

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The Policy-Making Process By Charles E. Lindblom EnglewoodCliffs: Prentice-Hall, Inc. 1968. Pp. 122. $4.95 (Cloth), $1.95 (Paper).

reviewers: Arthur S.Miller, Bruce L. McDonald

The Seminal Issue In State Constitutional Revision: Reapportionment Method And Standards, Robert G. Dixon Jr., Gordon W. Hatheway Jr.

William & Mary Law Review

No abstract provided.