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Constitutional Law

1974

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Articles 1 - 30 of 187

Full-Text Articles in Law

Sex Discriminatory Admission Policies In Public Schools Subject To Stringent Judicial Review., Judith A. Johnson Dec 1974

Sex Discriminatory Admission Policies In Public Schools Subject To Stringent Judicial Review., Judith A. Johnson

St. Mary's Law Journal

Abstract Forthcoming.


The Compulsory Process Clause, Peter Westen Nov 1974

The Compulsory Process Clause, Peter Westen

Michigan Law Review

Part I of this article traces the history of compulsory process, from its origin in the English transition from an inquisitional to an adversary system of procedure to its eventual adoption in the American Bill of Rights. Part II examines the Supreme Court's seminal decision in Washington v. Texas, which recognized after a century and a half of silence that the compulsory process clause was designed to enable the defendant not only to produce witnesses, but to put them on the stand and have them heard. Part III studies the implications of compulsory process for the defendant's case, from the …


Constitutional Law—Flag Misuse And The First Amendment—Spence V. Washington, 94 S. Ct. 2727 (1974), Michael W. Hoge Nov 1974

Constitutional Law—Flag Misuse And The First Amendment—Spence V. Washington, 94 S. Ct. 2727 (1974), Michael W. Hoge

Washington Law Review

Defendant Spence displayed an inverted American flag from his apartment window during the days following the Cambodian incursion and Kent State tragedy in 1970. Affixed to the flag was a peace symbol, formed with black tape. The Washington Supreme Court sustained a conviction for violation of Washington State's "improper use" statute. On appeal to the Supreme Court, reversed. Held: The statute, as applied to defendant's conduct, impermissibly infringed expression protected by the first amendment. Spence v. Washington, 94 S. Ct. 2727 (1974).


Kauper's 'Judicial Examination Of The Accused' Forty Years Later—Some Comments On A Remarkable Article, Yale Kamisar Nov 1974

Kauper's 'Judicial Examination Of The Accused' Forty Years Later—Some Comments On A Remarkable Article, Yale Kamisar

Articles

For a long time before Professor Paul Kauper wrote "Judicial Examination of the Accused" in 1932, and for a long time thereafter, the "legal mind" shut out the de facto inquisitorial system that characterized American criminal procedure. Paul Kauper could not look away. He recognized the "naked, ugly facts" (p. 1224) and was determined to do something about them -more than thirty years before Escobedo v. Illinois' or Miranda v. Arizona.2


Threshold Determinations Under Section 102(2)(C) Of Nepa: The Case For "Reasonableness" As A Standard For Judicial Review Oct 1974

Threshold Determinations Under Section 102(2)(C) Of Nepa: The Case For "Reasonableness" As A Standard For Judicial Review

William & Mary Law Review

No abstract provided.


The Third Impeachment Article: Congressional Bootstrapping, William W. Van Alstyne Oct 1974

The Third Impeachment Article: Congressional Bootstrapping, William W. Van Alstyne

Popular Media

No abstract provided.


Further Considerations Relating To Romanist Infamy And The American Constitutional Conception Of Impeachment, Mitchell Franklin Oct 1974

Further Considerations Relating To Romanist Infamy And The American Constitutional Conception Of Impeachment, Mitchell Franklin

Buffalo Law Review

No abstract provided.


North Carolina General Statute Sections 7a-227 Denies Litigant A Meaningful Right To Trial By Jury, Richard G. Miller Oct 1974

North Carolina General Statute Sections 7a-227 Denies Litigant A Meaningful Right To Trial By Jury, Richard G. Miller

North Carolina Central Law Review

No abstract provided.


Police Interrogation: Michigan V. Tucker, Quentin T. Sumner Oct 1974

Police Interrogation: Michigan V. Tucker, Quentin T. Sumner

North Carolina Central Law Review

No abstract provided.


The Nixon Pardon: Limits On The Benign Prerogative, Hugh Macgill Oct 1974

The Nixon Pardon: Limits On The Benign Prerogative, Hugh Macgill

Faculty Articles and Papers

No abstract provided.


Mullaney V. Wilbur, Lewis F. Powell Jr. Oct 1974

Mullaney V. Wilbur, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Mtm, Inc. V. Baxley, Lewis F. Powell Jr. Oct 1974

Mtm, Inc. V. Baxley, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Doran V. Salem Inn, Inc., Lewis F. Powell Jr. Oct 1974

Doran V. Salem Inn, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Gonzales V. Automatic Employees Credit Union, Lewis F. Powell Jr. Oct 1974

Gonzales V. Automatic Employees Credit Union, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Wilson, Lewis F. Powell Jr. Oct 1974

United States V. Wilson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Nobles, Lewis F. Powell Jr. Oct 1974

United States V. Nobles, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Manes V. Meyers, Lewis F. Powell Jr. Oct 1974

Manes V. Meyers, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Stanton V. Stanton, Lewis F. Powell Jr. Oct 1974

Stanton V. Stanton, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Weinberger V. Wiesenfeld, Lewis F. Powell Jr. Oct 1974

Weinberger V. Wiesenfeld, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Schlesinger V. Ballard, Lewis F. Powell Jr. Oct 1974

Schlesinger V. Ballard, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Nixon, Lewis F. Powell Jr. Oct 1974

United States V. Nixon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Gerstein V. Pugh, Lewis F. Powell Jr. Oct 1974

Gerstein V. Pugh, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


White V. Regester, Lewis F. Powell Jr. Oct 1974

White V. Regester, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Eastland V. U.S. Servicemen’S Fund, Lewis F. Powell Jr. Oct 1974

Eastland V. U.S. Servicemen’S Fund, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Blue Chip Stamps V. Manor Drug Stores, Lewis F. Powell Jr. Oct 1974

Blue Chip Stamps V. Manor Drug Stores, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Brignoni-Ponce, Lewis F. Powell Jr. Oct 1974

United States V. Brignoni-Ponce, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Mazurie, Lewis F. Powell Jr. Oct 1974

United States V. Mazurie, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Erznoznik V. City Of Jacksonville, Lewis F. Powell Jr. Oct 1974

Erznoznik V. City Of Jacksonville, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Book Reviews, Wythe Holt, Kermit L. Hall Oct 1974

Book Reviews, Wythe Holt, Kermit L. Hall

Vanderbilt Law Review

The recent death of Earl Warren reminds us, rather sadly, that the great Chief Justice and "his" Court have been subjected to withering and sometimes vicious and unfair criticism from within the academic circle.' The heart of the criticism (most charitably put) has been that the Warren Court hastily, simplistically, and even unnecessarily attempted to elevate egalitarianism into a high,perhaps the highest, social value and standard for constitutional and governmental decision making. We like to think that we believe in a democracy free for all-that is the way we portray ourselves propagandistically to the rest of the world-but the truth …


The Less Restrictive Alternative In Constitutional Adjudication: An Analysis, A Justification, And Some Criteria, Robert M. Bastress, Jr. Oct 1974

The Less Restrictive Alternative In Constitutional Adjudication: An Analysis, A Justification, And Some Criteria, Robert M. Bastress, Jr.

Vanderbilt Law Review

The past two decades have witnessed enormous changes in both substantive constitutional law and the courts' approach to constitutional questions. The frequent application of the doctrine of less restrictive alternatives has been a factor of increasingly significant proportions in effecting these changes. Although the doctrine has long been part of our jurisprudence,' it did not begin to have a serious impact until the Warren Court years, and, despite its widely diversified use today, the concept is almost always applied without discussion. Succinctly and broadly stated, the doctrine requires that a state not employ a specific means to accomplish an admittedly …