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03-05-1971 Justice Burger, Per Curiam, Warren E. Burger

Connell v. Higginbotham, 403 U.S. 207 (1971)

This is an appeal from an action commenced in the United States District Court for the Middle District of Florida challenging the constitutionality of 876.05-876.10 pf Fla. Stat. Ann., and the various loyalty oaths upon which appellant's employment as a school teacher was conditioned. The three-judge U.S. District Court declared three of the five clauses contained in the oaths to be unconstitutional, and enjoined the State from conditioning employment on the taking of an oath including the language declared unconstitutional. The appeal is from that portion of the District Court decision which upheld the remaining two clauses in the oath: …

01-20-1971 Justice Marshall, Concurring, Thurgood Marshall

Connell v. Higginbotham, 403 U.S. 207 (1971)

MR. JUSTICE MARSHALL, whom MR. JUSTICE DOUGLAS and MR. JUSTICE BRENNAN join, concurring.

02-05-1971 Memorandum To The Conference, Warren E. Burger

Connell v. Higginbotham, 403 U.S. 207 (1971)

I have Judge Blackmun's memo of February 2 proposing an alternative treatment.

02-03-1971 Correspondence From Stewart To Blackmun, Harry A. Blackmun

Connell v. Higginbotham, 403 U.S. 207 (1971)

Dear Harry:

I am not at all averse to the suggestion contained in your memorandum of February 2.

02-03-1971 Correspondence From Black To Blackmun, Hugo L. Black

Connell v. Higginbotham, 403 U.S. 207 (1971)

Dear Harry,

I have your memorandum suggesting we certify a question to the Supreme Court of Florida as the the interpretation of one part of the Florida Loyalty Oath. I have carefully considered your suggestion but regret to tell you that I am opposed to it.

02-03-1971 Correspondence From Brennan To Blackmun, William J. Brennan

Connell v. Higginbotham, 403 U.S. 207 (1971)

Dear Harry:

My vote would be not to resort to the certification procedure to ask the proposed question. For me, the portion of the oath referred to is unconstitutional even if interpreted as suggested by the question.

02-02-1971 Memorandum To The Conference, Harry A. Blackmun

Connell v. Higginbotham, 403 U.S. 207 (1971)

Mr. Justice Harlan and I have not as yet indicated our votes in this case. Each of us is somewhat troubled and wonder whether the Florida certification procedure under Florida Appellate Rule 4.61, which the Court employed in Aldrich v. Aldrich, 375 U.S. 75 and 249 (1963) and 378 U.S. 540 (1964) and in Dresner v. City of Tallahassee, 375 U.S. 136 (1963) and 378 U.S. 539 (1964). would be of any assistance to us in this somewhat troublesome little case. Certification perhaps would accomplish directly what Mr. Justice Stewart has in mind and, in addition, might have the advantage …

01-20-1971 Justice Marshall, Concurring, Thurgood Marshall

Connell v. Higginbotham, 403 U.S. 207 (1971)

I agree that Florida may require state employees to affirm that they "will support the Constitution of the United States and of the State of Florida." Such a forward- looking, promissory oath of constitutional support does not in my view offend the First Amendment's command that the grant or denial of governmental benefits cannot be made to turn on the political viewpoint. or affiliation of a would-be beneficiary. I also agree that Florida may not base its employment decisions, as to state teacher or any other hiring category, on an applicants willingness to affirm "that I do not believe in …

01-19-1971 Justice Stewart, Concurring And Dissenting, Potter Stewart

Connell v. Higginbotham, 403 U.S. 207 (1971)

The Court upholds as clearly constitutional the first clause of the oath as it comes from the three-judge District Court: "I will support the Constitution of the United States and of the State of Florida...." With this ruling I fully agree.

01-19-1971 Correspondence From Harlan To Burger, John Harlan

Connell v. Higginbotham, 403 U.S. 207 (1971)

Dear Chief:

I am glad to join your per curiam as is, but I am afraid I would have difficulty in joining if the emendation suggested by my Brother Black is made.

01-18-1971 Correspondence From Black To Burger, Hugo L. Black

Connell v. Higginbotham, 403 U.S. 207 (1971)

Dear Chief,

I like most of your proposed per curiam in the above case and would be delighted to join it if you would take out the clause on page 3 saying: "Although beliefs are by no means irrelevant to action or prediction of the future acts." With this deletion I shall join the opinion enthusiastically. Otherwise I regret I shall have to concur in the judgement, noting my disagreement as above.

01-15-1971 Memorandum To The Conference, Warren E. Burger

Connell v. Higginbotham, 403 U.S. 207 (1971)

.After reviewing the files in this case and preparing a full-scale opinion, I concluded we will have said enough on the subject of "oaths" this Term. Therefore, I have reduced the disposition to a Per Curiam and it is enclosed. I believe it fully reflects the Conference vote to reverse in part and affirm in part.

01-15-1971 Justice Burger, Per Curiam, Warren E. Burger

Connell v. Higginbotham, 403 U.S. 207 (1971)

This is an appeal from an action commenced in the United States District Court for the Middle District of Florida challenging the constitutionality of sections 876.05-876.10 of Fla. Stat. Ann., and the various loyalty oaths upon which appellant's employment as a school teacher was conditioned. The three-judge U.S. District Court declared three of five clauses contained in the oaths to be unconstitutional, and enjoined the state from conditioning employment on the taking of an oath including the language declared unconstitutional. The appeal is from that portion of the District Court decision which upheld the remaining two clauses in the oath: …

Coordinated California Corrections: Institutions, Board Of Corrections

California Agencies

No abstract provided.

Criminal Law--Laws Which Prohibit Consenting Adults From Participating In Homosexual Activities In Private, 23 S.C. L. Rev. 816 (1971), Gerald E. Berendt

UIC Law Open Access Faculty Scholarship

No abstract provided.

Controlling Obscenity By Criminal Sanction, Joseph Weiler

All Faculty Publications

Consideration of both rationale and process suggest that the criminal sanction, society's ultimate threat, inflicting as it does a unique combination of stigma and loss of liberty, should be resorted to only sparingly in a society that regards itself as free and open.' The sanction is at once uniquely coercive and, in the broadest sense, uniquely expensive. It should be reserved for what really matters. It is the thesis of this paper that this advice as to the proper criterion of forbiddenness has not been followed in the area of obscenity law. The purpose of this paper is to explore …

Warrantless Searches And Seizures, Mack Allen Player

Scholarly Works

The fourth amendment to the Constitution has two basic clauses. The first, the reasonableness clause, protects the people against unreasonable searches and seizures. The second, the warrant clause, sets forth conditions under which a warrant may issue. Searches and seizures made pursuant to a warrant are, quite obviously, governed by the commands of the warrant clause. However, the effect of the warrant clause upon searches and seizures made without warrants is not clear from the amendment itself, and the Supreme Court has failed to develop a consistent interpretation of the proper role of that clause.

The Secret Foreign Bank Account And Legitimate Alternatives, Charles W. Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

The author, a member of the California State Bar and consultant, Euro-Dutch Trust Company, George Town, Grand Cayman, B. W. I., labels the use of the secret foreign bank account "foolish and lazy." He suggests that the taxpayer can reduce his tax bite through tax deferral planning, an area in which legislation has been continued and expanded.

The Grand Jury As The New Inquisition, Michael E. Tigar, Madeline R. Levy

Faculty Scholarship

No abstract provided.

Criminal Law And Population Control, Kent Greenawalt

Faculty Scholarship

Several important questions can be asked about criminal law and the population problem. One is how greatly overpopulation, with its contribution to poverty and urban crowding, is a cause of crime, and, obversely, the extent to which population control would be a form of crime control. Another question is how much population growth increases the range of behavior that is and should be covered by criminal sanctions. Although these and other questions deserve attention, the purpose of this article is more modest – to consider possible changes in criminal law that could help ease the population problem.

Codification, Reform, And Revision: The Challenge Of A Modern Federal Criminal Code, John L. Mcclellan

Journal Articles

The four chief factors influencing the quality of American justice were identified by Dean Roscoe Pound as personnel, administration, procedure, and the substantive law. It is certain that better judges, prosecutors, and enforcement officers, better organization of courts, better administrative methods, and more adequate administrative personnel must come first in any effective program for the improvement of our nation's system of criminal justice. At the same time, the men who staff that system will be guided by an authoritatively prescribed criminal procedure, and they will be giving effect to an authoritatively prescribed criminal law. An archaic code of procedure and …

Intrusion Into The Body, William G. Eckhardt

Faculty Works

The thesis of this article is that the rights of servicemen should be protected with the search and seizure concepts of the fourth amendment rather than with the fifth amendment protection against self-incrimination when intrusive bodily searches are required. The Supreme Court enunciated standard for intrusion into the body found in Schmerber v. California, 384 U.S. 757 (1966). The subsequent application of this standard in the federal courts, and its adoption in the Manual for Courts-Martial, United States, 1969, (Rev.) are explored. Federal court decisions discussing the privilege against self-incrimination are contrasted with opinions of the Court of Military Appeals …

The Theory Of Criminal Negligence: A Comparative Analysis, George P. Fletcher

Faculty Scholarship

Negligence is a problematic ground for criminal liability. Every major Western legal system punishes negligent as well as intentional violations of protected interests; but theorists both here and abroad feel uneasy about the practice Negligent motoring and negligent manufacturing significantly threaten the public interest; yet Western judges seem more comfortable punishing counterfeiters and prostitutes than imposing sanctions against those who inadvertently take unreasonable risks. Negligence appears indeed to be an inferior, almost aberrant ground for criminal liability. Every interest protected by the criminal law is protected against intentional violations; but only a few-life, bodily integrity, and sometimes property-are secured against …