Law Commons^™

Recent Cases, Law Review Staff

Vanderbilt Law Review

Advertising--Use of "Free," a Deceptive Practice Under the Federal Trade Commission Act

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Anti-Trust Law--Conspiracy To Subvert Competitor's Employees and Customers Violates Section 1 of the Sherman Act

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Conflict of Laws--Depositor's Request That Disposition of Foreign-Owned Funds Deposited In New York Bank Be Governed By New York Law Upheld as a Matter of Public Policy

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Constitutional Law--Applicability of Agricultural Adjustment Act of 1938 to Wheat Grown On State-Owned Farms

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Corporations--Dissolution of Close Corporation Not Granted On Mere Showing of Low Profits Insufficient To Provide Minority Shareholder With Adequate Return on Invested Capital

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Criminal Law--Illegal Searches and …

The Use Of Federal Habeas Corpus By State Prisoners, J. Deweese Carter

Washington and Lee Law Review

No abstract provided.

Governmental Immunity For Public Contractors Engaged In Blasting

Washington and Lee Law Review

No abstract provided.

Vignettes Of Legal History. Julius J. Marke., Charles P. Light, Jr.

Washington and Lee Law Review

No abstract provided.

Equal Justice Under Law, The Supreme Court In Americanlife. The Foundation Of The Federal Bar Association., John W. H. Stewart

Washington and Lee Law Review

No abstract provided.

A Handbook Of Federal Habeas Corpus. Ronald P. Sokol.

Washington and Lee Law Review

No abstract provided.

The Equal Protection Clause And Imprisonment Of The Indigent For Nonpayment Of Fines, Michigan Law Review

Michigan Law Review

The practice of imprisonment for failure to pay a fine levied for a criminal violation originated in twelfth-century England; its subsequent unanimous acceptance in the United States is manifested in the provisions in the statutes of every state and of the federal government authorizing imprisonment for nonpayment of fines. A few states not only commit the defendant to jail for nonpayment of the fine, but impose hard labor as well. Some states, however, have mitigated to a degree the harshness of the practice. For example, Arizona restricts the total period of confinement for the crime and the default of the …

Linkletter, Shott, And The Retroactivity Problem In Escobedo, J. Alan Galbraith

Michigan Law Review

Prior to the 1964 Supreme Court Term, decisions promulgating new constitutional rules were applied retroactively as a matter of course to final convictions. While dissents occasionally criticized the Court's failure to discuss the retroactive impact of a new constitutional rule, the potential effect upon final convictions of any single rule was not sufficiently acute to justify a departure from the normal grant of retroactivity. But the Court's decision in Mapp v. Ohio; which abruptly overturned Wolf v. Colorado and brought into doubt final state convictions resting upon illegally seized evidence admitted in reliance upon Wolf, caused courts and …

The Public Housing Administration And Discrimination In Federally Assisted Low-Rent Housing, Jordan D. Luttrell

Michigan Law Review

The Public Housing Administration is the federal agency primarily responsible for the administration of the federally assisted low-rent housing program. Since the expense of constructing low-rent housing unassisted by federal funds is prohibitive for state or local governments, this program accounts for practically all low-rent housing in the United States. Consequently, PHA has exercised, and continues to exercise, substantial influence on the development of the nation's low-rent housing.

The Reapportionment Cases: Cognitive Lag, The Malady And Its Cure, E. F. Roberts, Paul T. Shultz Iii

Cornell Law Faculty Publications

The reapportionment cases have been considered by many to be the product of a liberal, activist Court which is endeavoring to reshape America’s political life according to its own views. The authors of this article assert that, to the contrary, the Court actually is reacting to the incontrovertible fact of the modern predominance of urban complexities which have rendered inappropriate our older political boundaries. In this sense, they consider the Court’s decisions conservative rather than liberal- because the Court’s purpose is to maintain a version of federalism along state boundaries which may have become outmoded even before the Court entered …

66/02/11 Opinion, Eighth Judicial District Of Ohio, Court Of Appeals, Cuyahoga County, Samuel H. Silbert

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

Judges Samuel H. Silbert, Joseph A. Artl, and James Joseph Patrick Corrigan unanimously upheld Judge Bernard Friedman's decision in the Cuyahoga County Court of Common Pleas. The Appeals Court held that Detective Martin J. McFadden had validly found the gun carried by John Terry and had, at the moment of the arrest, adequate probable cause to arrest Terry.

66/02/10 Police Upheld In Acts Of Personal Search, Cleveland Press

Newspaper Coverage

Justices Joseph H. Silbert, Joseph A. Artl and J. J. P. Corrigan of the 8th District Court of Appeals unanimously agreed with Cuyahoga County Common Pleas Court Judge Bernard Friedman in his ruling that a policeman has a right to question a suspicious person and search him in order to protect himself from a possible assault with a deadly weapon.

Constitutional Law--Voluntary Confession, Menis Elbert Ketchum Ii

West Virginia Law Review

No abstract provided.

Constitutional Law--Double Jeopardy, John I. Rogers Ii

West Virginia Law Review

No abstract provided.

Discrimination In The Hiring And Assignment Of Teachers In Public School Systems, Michigan Law Review

Michigan Law Review

In the Brown v. Board of Education decisions of 1954 and 1955, the United States Supreme Court made it clear that separate public school facilities for pupils of different races are inherently unequal and constitute a denial of the equal protection of the laws. While it was not altogether clear from the language of the opinions whether segregated faculties in public schools are also unconstitutional, subsequent lower court decisions have held that racial discrimination in the selection and assignment of teachers is forbidden.

Constitutional Law - Search And Seizure - Wife's Consent To Search And Seizure Of Husband's Property Held Not Sufficient To Waive Constitutional Rights Protecting Husband. State V. Hall, 142 S.E.2d 177 (1965)., R. H. Kraftson

William & Mary Law Review

No abstract provided.

Constitutional Law - Criminal Law - Right To Counsel, Biddle V. Commonwealth, 206 Va. 14 (1965), Peter Broccoletti

William & Mary Law Review

No abstract provided.

A New Constitutional Limit For Electronic Surveillance Cases, Allan Zaleski

William & Mary Law Review

No abstract provided.

Right To Counsel: A Perspective, Alan Macdonald, Gus James Ii

William & Mary Law Review

No abstract provided.

Constitutional Law, John Ralph Kenrick

Duquesne Law Review

Initiative measure permitting discrimination in the sale or rental of private housing held to be "state action" in violation of the equal protection clause of the fourteenth amendment.

Mulkey v. Reitman, 413 P.2d 825 (1966), cert. granted, ___ U.S. ___ (1966) (No. 483).

Erie V. Tompkins: A Geography Lesson, Louis L. Manderino

Duquesne Law Review

The United States Supreme Court, in 1938, deciding the case of Erie Railroad Co. v. Tompkins, held that a federal court in a diversity of citizenship case must apply state law rather than federal law to the controversy. The Court subsequently held in 1941, in Klaxon Co. v. Stentor Electric Mfg. Co., Inc., that the Erie case necessitated a ruling that a federal court, sitting solely on the basis of diversity jurisdiction, had to use the conflict of law rules of the state in which it was "sitting" in determining which state's law was applicable to the controversy. …

Proof By Confession, O. John Rogge

Villanova Law Review (1956 - )

No abstract provided.

The Right Of Association And Subversive Organizations: In Quest Of A Concept, William T. Define

Villanova Law Review (1956 - )

No abstract provided.

Movie Censorship In Maryland - Trans-Lux Distrib. Corp. V. Maryland State Board Of Censors Dunn V. Maryland State Bd. Of Censors

Maryland Law Review

No abstract provided.

The Constitutional Rights Of Privacy - "A Sizable Hunk Of Liberty", Frank R. Goldstein

Maryland Law Review

No abstract provided.

A Prosecutor's View, Arlen Specter

Villanova Law Review (1956 - )

No abstract provided.

A Defense Attorney's View, Percy Foreman

Villanova Law Review (1956 - )

No abstract provided.

A Bar Association View, Robert L. Trescher

Villanova Law Review (1956 - )

No abstract provided.

Addendum: Comments On Sheppard V. Maxwell, 384 U.S. 333 (1966), Robert B. Mckay, Fred Graham

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Ramifications Of The Police Lineup, Thomas Edward Byrne, Marc B. Kaplin, Walter John Taggart

Villanova Law Review (1956 - )

No abstract provided.