Law Commons^™

Constitutional Law - Right To Counsel, Ronald H. Heck

Duquesne Law Review

The United States Supreme Court, in making an accused's right to confront witnesses a fundamental right applicable to the states, unnecessarily extended constitutional law.

Pointer v. Texas, 380 U. S. 400 (1965).

Constitutional Law - Self Incrimination, Frank Intrieri

Duquesne Law Review

The fifth amendment, in its direct application to the federal government and its bearing on the states by reason of the fourteenth amendment, forbids either comment by the prosecution on the accused's silence or instructions by the court that such silence is evidence of guilt.

Griffin v. State of California, 85 Sup. Ct. 1229 (1965)

Constitutional Law - Right To Travel - Area Restrictions, F. Regan Nerone

Duquesne Law Review

Area Restrictions-Congressional intent of Passport Act of 1926 and Immigration & Nationality Act of 1952.

Zemel v. Rusk, 381 U. S. 1, 85 Sup. Ct. 1271 (1965).

Constitutional Law - Right To Counsel, Steven K. Yablonski

Duquesne Law Review

Accused's right to counsel attaches at the accusatory stage of the proceedings even though no request for counsel is made.

United States ex rel. Russo v. New Jersey, 351 F.2d 429 (3d Cir. 1965).

Constitutional Law - Right To Counsel, Joseph Pass Jr.

Duquesne Law Review

The right to counsel attaches at an accusatorial proceeding even though not requested. The rule announced in Escobedo v. Illinois will not be applied retrospectively to cases finally adjudicated before Escobedo v. Illinois was decided.

Commonwealth v. Negri, 419 Pa. 117, 213 A.2d 670 (1965).

Recent Judicial Concepts Of Cruel And Unusual Punishment, Allen Sultan

Villanova Law Review (1956 - )

No abstract provided.

Constitutionality Of Miscegenation Statutes - Mclaughlin V. Florida, Lee M. Miller

Maryland Law Review

No abstract provided.

Religious Accommodation Under Sherbert V. Verner: The Common Sense Of The Matter, Richard H. Zainboldi

Villanova Law Review (1956 - )

No abstract provided.

The Foreign Agents Registration Act - The Spotlight Of Pitiless Publicity, Francis R. O'Hara

Villanova Law Review (1956 - )

No abstract provided.

A Blueprint For Censorship Of Obscene Material: Standards For Procedural Due Process, John A. Luchsinger

Villanova Law Review (1956 - )

No abstract provided.

Recent Developments In Eminent Domain In Arkansas, Robert R. Wright

Law Faculty Scholarship

No abstract provided.

The Fourteenth Amendment, The “Right” To Vote, And The Understanding Of The Thirty-Ninth Congress, William W. Van Alstyne

Faculty Publications

An examination of the Fourteenth Amendment’s legislative history is juxtaposed with Justice Harlan’s steadfast conclusion that such history reveals states’ right to set voting requirements.

Book Review, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Double Jeopardy V. Double Punishment--Confusion In California, Michael J. Bruce

San Diego Law Review

This Article proposes to clarify this area of criminal practice. California Penal Code § 1023, prohibiting multiple prosecutions, and California Penal Code § 654, prohibiting multiple punishment for the same act or omission, are often misapplied by the California criminal courts. California Penal Code § 1023 sets down two tests to determine whether jeopardy has attached: the "identity of the offense" test and the "necessarily included offense" test. California Penal Code § 654 proscribes double punishment using concurrent sentencing, and prevents double jeopardy using not only the "necessarily included offense" test from § 1023, but also a broader "indivisible transaction" …

Giannella: Religion And The Public Order, Rev. Robert F. Drinan S. J.

Michigan Law Review

A Review of Religion and the Public Order. An Annual Review of Church and State and of Religion, Law and Society, The Institute of Church and State, Villanova University School of Law. Edited by Donald A. Giannella.

Ernst & Schwartz: Censorship: The Search For The Obscene, Erwin B. Ellmann

Michigan Law Review

A Review of Censorship: The Search for the Obscene By Morris L. Ernst and Alan U. Schwartz

Kamisar, Inbau & Arnold: Criminal Justice In Our Time, Theodore Souris

Michigan Law Review

A Review of Criminal Justice in Our Time by Yale Kamisar, Fred E. Inbau, and Thurman Arnold

Legislation Requiring Child To Support Mother In State Asylum Is A Denial Of Equal Protection-Department Of Mental Hygiene V. Kirchner, Michigan Law Review

Michigan Law Review

The California Department of Mental Hygiene brought suit under section 6650 of the state's Welfare and Institutions Code, a provision commonly known as a relative support statute, against the administratrix to recover 7,500 dollars from the intestate's estate. This amount represented the cost of food, housing, and treatment received by intestate's mother in a state mental hospital during the four years she had been confined there following a civil sanity hearing. Plaintiff was granted judgment on the pleadings. On appeal to the California Supreme Court, held, reversed. Since mental hospitals serve a proper public function, it is a denial …

Grand Jury Secrecy, Richard M. Calkins

Michigan Law Review

When a leading state such as Illinois enacts "reform" legislation, an impact on the legislatures of other jurisdictions may be anticipated. Accordingly, a need exists for an examination of this legislation in the light of the common-law background of grand jury secrecy and for a further analysis of it in the face of the growing trend toward more liberalized discovery of grand jury minutes in other jurisdictions. It is the contention of the author that such an empirical study will demonstrate that this legislation adopted by Illinois is contrary to all modern judicial thinking and is, in fact, a retrogressive …

Vagueness - The Crippler Of Loyalty Oaths - Baggett V. Bullitt, Stanley J. Neuhauser

Maryland Law Review

No abstract provided.

The Representation Of Indigent Criminal Defendants In Kentucky, Jennings T. Bird

Kentucky Law Journal

No abstract provided.

Constitutional Law--Police Power--Aesthetic Nuisance, John Lackey

Kentucky Law Journal

No abstract provided.

The Poll Tax: Its Impact On Racial Suffrage, John Lackey

Kentucky Law Journal

No abstract provided.

Book Review, Ira Michael Heyman, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Parolee Not Protected Against Unreasonable Searches And Seizures By His Parole Officer, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.

The Constitutional Right Of Association, Charles E. Rice

Journal Articles

It has been accurately observed that we are a nation of joiners. Alexis de Tocqueville, as early as 1835, concluded that "in no country in the world has the principle of association been more successfully used, or more unsparingly applied to a multitude of different objects, than in America." Tocqueville noted the ubiquitous character of American voluntary associations.

In 1958, the Supreme Court of the United States affirmed, for the first time in unmistakable terms, the status of freedom of association as a fundamental right.

The occasion for this affirmation was an attempt by the State of Alabama to oust …

Constitutional Law: Cases, Comments & Questions, William W. Van Alstyne

Faculty Publications

No abstract provided.

In Gideon’S Wake: Harsher Penalties And The “Successful” Criminal Appellant, William W. Van Alstyne

Faculty Publications

Following the Court’s decision in Gideon v. Wainwright, popular opinion allowed indignant criminals seeking a re-trial to receive harsher sentences. This examination argues that such a result is unconstitutional.

Student Academic Freedom And The Rule-Making Powers Of Public Universities: Some Constitutional Considerations, William W. Van Alstyne

Faculty Publications

No abstract provided.

Reflections Upon Hegel's Concept Of Property, Contract, Punishment, And Constitutional Law, Morris D. Forkosch

Vanderbilt Law Review

Codification and re-codification in federal and state jurisdictions has proceeded in a geometrical progression these past decades. To what extent is the old law yielding or, au contraire, to what extent is the ancient law reappearing? For example, are Plato's views on crime and punishment being revived, continued, or changed?' Or,to what extent are Hegel's views in a certain few legal areas of present interest and value? As we shall see, an understanding of Hegel's juris-prudential views, as related to specific topics, is a present-day pragmatic necessity. We propose to seek these views, albeit briefly, in the fields of property, …