Law Commons^™

Administrative Inspections And The Right Of Privacy: The Frank Compromise, William T. Define

Villanova Law Review (1956 - )

No abstract provided.

The Enactment Of A Constitutional Amendment: Presidential Succession And Inability, Judith Prowse

Student Scholarship

This research project, submitted in January 1966, examines the historical, legal, and political complexities surrounding presidential succession and inability in the United States. The author argues that the constitutional provisions regarding these issues were filled with dangerous ambiguities and omissions that necessitated a formal amendment to prevent national chaos during times of crisis. The study traces the evolution of succession laws from the initial intent of the Framers through the various Succession Acts of 1792, 1886, and 1947. It highlights how political expediency and partisan maneuvers often dictated the line of succession, such as the effort to prevent Thomas Jefferson …

Symposium On A Free Press And A Fair Trial - Introduction, Donald W. Dowd

Villanova Law Review (1956 - )

No abstract provided.

A Newspaperman's View, Fred Graham

Villanova Law Review (1956 - )

No abstract provided.

A Radio And Television Newsman's View, William B. Monroe

Villanova Law Review (1956 - )

No abstract provided.

A Judicial View, William F. Smith

Villanova Law Review (1956 - )

No abstract provided.

The Original Package—A Factor, Not A Test, Anon

Washington Law Review

By invoking the import-export clause of the United States Constitution, plaintiff sought to enjoin the imposition of state personal property taxes upon unsold portions of imported shipments of greenheart pilings and timber. The lumber was stacked in plaintiff's storage yard, according to existing orders or length. Plaintiff contended that each piece of greenheart, bearing identification stamped at the point of origin of the shipment, constituted an original package and was therefore immune from state taxation. The trial court entered judgment for defendant tax officials on the ground that, when imports are inherently incapable of being packaged, the unit of transportation …

A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar

Articles

F the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer3 are any indication, Miranda v. Arizona' has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.

Book Review, Howard L. Oleck

Cleveland State Law Review

Reviewing Equal Justice Under Law: The Supreme Court in American Life, Foundation of the Federal Bar Association, 1965

Advisory Opinions As A Problem Solving Process, David Lenefsky

Villanova Law Review (1956 - )

No abstract provided.

Lockhart, Kamisar And Choper: Constitutional Law: Cases, Comments & Questions, Charles W. Quick

Michigan Law Review

A Review of Constitutional Law: Cases, Comments & Questions by William B. Lockhart, Yale Kamisar, and Jesse H. Choper

Eleventh Amendment, Judicial Code, And Federal Rules Of Civil Procedure Restrict Ability Of United States To Implead A State In Connection With Suit Commenced By A Private Citizen--Parks V. United States, Michigan Law Review

Michigan Law Review

Suit was brought by an individual against the United States under the Federal Tort Claims Act to recover compensation for property damage alleged to have been caused by the Government's negligence in constructing and maintaining the physical components\ of a flood-control project in New York. Relying upon New York's promise to hold the United States harmless on any liability arising from damage of this nature, the Government impleaded the state. On a motion before the United States District Court for the Northern District of New York to dismiss the state as a third-party defendant, held, motion granted. The Federal …

Foster Parents Versus Agencies: A Case Study In The Judicial Application Of "The Best Interests Of The Child" Doctrine, Sanford N. Katz

Michigan Law Review

A recurring problem which courts face is the need to resolve the conflict which arises when foster parents challenge the decision of agencies that have disqualified these persons from continuing their relationship with or adopting their foster child. This article will explore the role of courts in resolving these disputes and will suggest some criteria by which the courts may be guided in deciding such questions.

An Ex Parte Order May Not Serve The Function Of A Search Warrant Under The Fourth Amendment To Authorize A Physical Intrusion In Connection With A "Search" For Conversations--People V. Grossman, Michigan Law Review

Michigan Law Review

There was probable cause to believe that defendant Scandifia was implicated in a larceny of jewelry by false pretenses. Pursuant to section 813-a of the New York Code of Criminal Procedure, the Supreme Court in New York County issued an ex parte order authorizing the installation of an eavesdropping device in a service station owned by Scandifia. Shortly thereafter, police broke into the station's private office and installed a microphone. Conversations were overheard which indicated that defendant Grossman had in his possession two pistols received from Scandifia. An affidavit setting forth these conversations supplied the sole probable cause for a …

Authorization Of Involuntary Blood Transfusion For Adult Jehovah's Witness Held Unconstitutional--In Re Brooks' Estate, Michigan Law Review

Michigan Law Review

Despite serious illness, plaintiff requested, in accordance with her religious beliefs as a Jehovah's Witness, that blood transfusions not be administered to her. Upon the request of her physician and several assistant state's attorneys, a court-appointed guardian was authorized to consent to a blood transfusion for the plaintiff, and a transfusion was administered. On appeal of the court's action to the Supreme Court of Illinois, held, order reversed. The authorization of a blood transfusion for an adult Jehovah's Witness who has only adult children is an unconstitutional interference with the patient's right to the free exercise of her religion.

Gideon's Trumpet: Taps For An Antiquated System? A Proposal For Kentucky, Daniel G. Grove

Kentucky Law Journal

No abstract provided.

The Unpopular Criminal Defendant: His Right, Lawyer's Duty, Ways Of Ensuring Both, Laurence W. Grause

Kentucky Law Journal

No abstract provided.

Constitutional Law--Trial On Two Offenses Arising From The Same Act--No Double Jeopardy Involved, O. Lawrence Mielke

Kentucky Law Journal

No abstract provided.

What Constitutes Prejudicial Publicity In Pending Cases, James R. Richardson

Kentucky Law Journal

No abstract provided.

The University And The Liberty Of Its Students--A Fiduciary Theory, Alvin L. Goldman

Kentucky Law Journal

No abstract provided.

Constitutional Law--Connecticut Statute Forbidding The Use Of Any Drug, Medicinal Article Or Instrument For The Purpose Of Preventing Conception Struck Down, George C. Piper

Kentucky Law Journal

No abstract provided.

Constitutional Law--Criminal Procedure--Right To Effective Assistance Of Counsel, Paul F. Guthrie

Kentucky Law Journal

No abstract provided.

Constitutional Law--Equal Protection In Jury Selection, Larry A. Newman

Kentucky Law Journal

No abstract provided.

Constitutional Reform In Kentucky--The 1966 Proposal, Paul Leo Oberst, J. Kendrick Wells Iii

Kentucky Law Journal

No abstract provided.

Constitutional Law--Right To Public Trial--Total Exclusion Except The Bar And Press, Michael P. Cox

Kentucky Law Journal

No abstract provided.

Constitutional Law--Criminal Procedure--Right To Counsel On Appeal, Laura L. Murrell

Kentucky Law Journal

No abstract provided.

Constitutional Law--Cruel And Unusual Punishment--Criminal Prosecution Of A Chronic Alcoholic For Public Drunkenness, Charles R. Simons

Kentucky Law Journal

No abstract provided.

The North Carolina Speaker Ban Law: A Study In Context, William Bondurant, Richard Gift, Louise Nelson, Brown Patterson, Philip Secor, Locke White

Kentucky Law Journal

No abstract provided.

The Right To Bear Arms: A Phenomenon Of Constitutional History, Ralph J. Rohner

Scholarly Articles

Most discussions of the right to bear arms-however superficial-begin by noting the specific language of the second amendment to the United States Constitution, which provides:

A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.

And in various similar provisions, the constitutions of thirty-five states guarantee expressly the right to bear arms. Though it is submitted below that there may be significant distinctions between the protection afforded by the federal and state constitutions, for our purposes here we are concerned primarily with the …

Constitutional Law, Kent Greenawalt

Faculty Scholarship

In the last thirty years, the equal protection clause has been largely transformed. Once a point of reference for courts striking down schemes of economic regulation which they regarded as unreasonable or unwise, it is now primarily a source of constitutional standards in the areas of civil rights, reapportionment, and rights of indigents accused of crime. These standards are of immense legal and social consequence. Since the landmark case of Brown v. Board of Educ. their development-characterized by Professor Philip B. Kurland as "the rise of egalitarianism" – has been paralleled by an increasing attention to the claims of equality …