Law Commons^™

Habeas Corpus--Custody And Release From Custody Requirements Of Habeas Corpus--Viability Of Mcnally V. Hill In The Moden Context, Michigan Law Review

Michigan Law Review

Section 2241 of Title 28 of the United States Code requires that a petitioner for a writ of habeas corpus be "in custody." As a corollary of the "custody" requirement, the common law tradition required that the effect of the writ must be the petitioner's "release from custody.'' Because the United States Constitution and the federal habeas corpus statutes guarantee the availability of the writ in general terms, it is to the common law that the courts have consistently turned for the definition of these terms and for the restrictive effect of these requirements on the availability of the writ …

66/10/20 Police Can Search, High Court Rules, Cleveland Press

Newspaper Coverage

The Ohio Supreme Court upheld the lower court ruling that Cleveland Police Detective Martin McFadden's search of John W. Terry and Richard D. Chilton (represented by Louis Stokes) did not violate their constitutional rights because McFadden felt they were acting "in a suspicious manner."

66/10/19 Mandate, Ohio Supreme Court, Supreme Court Of Ohio

Ohio Supreme Court

Mandate to Common Pleas Court, Cuyahoga County, to proceed without delay to carry out its judgment in Ohio v Terry citing no substantial constitution question involved.

"Public Purpose" In Municipal Financing Plans, Anon

Washington Law Review

The City Commission of Deerfield Beach authorized issuance of municipal bonds pledged by certain excise taxes to purchase land on which a major league baseball training facility was to be built and maintained by the city. The facility was to be leased to and operated by a private corporation. Rental, payable to the city, was to be the annual debt service on the bonds plus fifty per cent of net profits in excess of prior years' losses. Validation of the proposed issuance was decreed by the circuit court. On a taxpayer's appeal, the Florida Supreme Court, in a four to …

Legislative Apportionment In Indiana: A Case History, Leon H. Wallace

Indiana Law Journal

No abstract provided.

Comparative Study Of Certain Due Process Requirements Of The European Human Rights Convention, Thomas Buergenthal

Buffalo Law Review

No abstract provided.

Constitutional Law - Voting Rights Act Of 1965 - Suspension Of Literacy Tests And Federal Registration, South Carolina V. Katzenbach, 86 S. Ct. 803 (1966), Don L. Ricketts

William & Mary Law Review

No abstract provided.

Constitutional Law - Statutory Inferences Of Criminality, U.S. V. Romano, 382 U.S. 136 (1965), Bernard A. Gill Jr.

William & Mary Law Review

No abstract provided.

State Constitutional Development: A 25-Year Review, W. Brookes Graves

William & Mary Law Review

No abstract provided.

Constitutional And Related Public Law Issues In The 1965 Term Of The Supreme Court

William & Mary Law Review

No abstract provided.

The Roth Test And Its Corollaries, Bradford Coupe

William & Mary Law Review

No abstract provided.

The Ninth Amendment: Guidepost To Fundamental Rights, David K. Sutelan

William & Mary Law Review

No abstract provided.

Constitutional Law - The Poll Tax. Harper V. Virginia State Board Of Elections, 86 S. Ct. 1079 (1966), Michael Lesniak

William & Mary Law Review

No abstract provided.

Sheppard V. Maxwell: Free Speech And Press V. Fair Trial, Lloyd Sullenberger

William & Mary Law Review

No abstract provided.

66/09/21 Motion To Dismiss Appeal Filed As Of Right And Memorandum Opposing Jurisdiction, John T. Corrigan, Reuben M. Payne

Ohio Supreme Court

"The trial court properly found that there is a distinction between a frisk and a search, and that in the circumstances of this case the frisk preceded the arrest, and further, that the arrest and search in connection therewith were legal. The opinion of the Court of Appeals and the authorities cited therein support that conclusion. The defendant has not shown any valid reason why these findings should be disturbed. The motion for leave to appeal should therefore be overruled." From the Conclusion, page 14.

Of Men, And Not Of Law. Lyman A. Garber., Malcolm G. Crawford

Washington and Lee Law Review

No abstract provided.

The First Amendment And The Suppression Of Warmongering Propaganda In The United States: Comments And Footnotes, William W. Van Alstyne

Faculty Publications

In an attempt to determine how the First Amendment may protect speakers’ rights to make inflammatory statements calling for violence against a sovereign, this article breaks down this larger question into three categories based on the speaker: the government, foreigners abroad, or American citizens.

Book Review Of Cases And Materials On Constitutional Law, Frank R. Strong

Journal of Legal Education

No abstract provided.

66/06/14 Notice Of Appeal For Ohio V Chilton And Ohio V Terry, Louis Stokes

Eighth Judicial District of Ohio, Court of Appeals, Cuyahoga County

Louis Stokes gives notice of appeal to the Ohio Supreme Court from judgment rendered by 8th District Court of Appeals on May 25, 1966. Appeal is on questions of law and on condition that motion for leave to appeal be allowed by Supreme Court of Ohio; constitutional question is also involved.

Constitutionality Of Conviction Under Narcotics Possession Statute, Anon

Washington Law Review

Defendant was convicted of the felony of possession of a narcotic without a prescription, and was sentenced to serve a maximum term of twenty years. Defendant claimed that, on the same facts, the prosecutor could have charged the defendant with the gross misdemeanor of illegal use of narcotic drugs. Defendant argued that this vests discretion in the prosecutor to charge either a felony or a gross misdemeanor, and that this discretion is violative of the equal protection clauses of the Washington and United States constitutions. On appeal, the Washington Supreme Court affirmed the conviction. Held: The gross misdemeanor of illegal …

Taxation And Interstate Commerce, Raymond Albert Hinerman

West Virginia Law Review

No abstract provided.

Constitutional Law--Indigents' Waiver Of Counsel On Appeal, John I. Rogers Ii

West Virginia Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Robinson-Patman-Adoption of Physical Comparison Test To Determine "Like Grade or Quality"

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Antitrust--Tying Arrangement Held Unfair Method of Competition Under Section 5 of Federal Trade Commission Act Atlantic Refining Company agreed to promote

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Bankruptcy--Tax-Rights of a Trustee in Bankruptcy Against an Unrecorded Tax Lien

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Constitutional Law--Applicability of the Fourteenth Amendment to a Charitable Trust in Which a State Agency Was the Original Trustee

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Constitutional Law--Clandestine Surveillance of Public Toilet--Not an Unreasonable Search

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Criminal Law--Joint Trials--Admission of Confession Implicating Both Defendants Held Erroneous

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Evidence--No Cross-Examination of Defendant's Character Witnesses as to His Prior Arrests and Conviction …

66/05/25 Journal Entry From Appeals Court Affirming The Common Pleas Court Judgment In Ohio V Chilton And Ohio V Terry, Samuel H. Silbert

Eighth Judicial District of Ohio, Court of Appeals, Cuyahoga County

The Court of Appeals, Eight District, Cuyahoga County finds no error prejudicial to the appellant, thus affirming the Common Pleas Court judgement. Signed by Chief Justice Joseph H. Silbert, with Justices Joseph A. Artl and James Joseph Patrick Corrigan concurring.

Constitutional Law - Admissibility Of Evidence - Reasonable Search And Seizure. Hawley V. Commonwealth, 206 Va. 479 (1965), Robert E. Scott

William & Mary Law Review

No abstract provided.

Developments In The Law Of Libel: Impact Of The New York Times Rules, Arthur B. Hanson

William & Mary Law Review

No abstract provided.

The Criminal Justice Act Of 1964: A Critique, Robert P. Wolf

William & Mary Law Review

No abstract provided.

Constitutional Law—Serving Liquor To Minors In Own Home Not In Violation Of Section 484(3) Of Penal Law, George Wallach

Buffalo Law Review

People v. Martell, 16 N.Y.2d 245, 212 N.E.2d 433, 264 N.Y.S.2d 913, (1965).

Constitutional Law--Appointment Of Constitutional Conventions, David Gail Hanlon

West Virginia Law Review

No abstract provided.

Book Review Of The Rights Of Property: A Commentary On The Constitution Of The United States, Landon G. Rockwell

Journal of Legal Education

No abstract provided.