Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Vanderbilt University Law School (60)
- Touro University Jacob D. Fuchsberg Law Center (56)
- Selected Works (38)
- Cleveland State University (25)
- Columbia Law School (25)
-
- University of Missouri School of Law (25)
- The University of Akron (23)
- Pepperdine University (18)
- University of Maryland Francis King Carey School of Law (16)
- University of San Diego (14)
- Washington and Lee University School of Law (13)
- Pace University (12)
- New York Law School (11)
- Notre Dame Law School (11)
- West Virginia University (11)
- Boston University School of Law (10)
- University of Baltimore Law (9)
- University of Colorado Law School (9)
- University of Florida Levin College of Law (9)
- University of Georgia School of Law (9)
- SelectedWorks (8)
- St. John's University School of Law (8)
- University of Maine School of Law (8)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (8)
- Maurer School of Law: Indiana University (7)
- University of Oklahoma College of Law (7)
- Northwestern Pritzker School of Law (6)
- University of Massachusetts School of Law (6)
- University of Pennsylvania Carey Law School (6)
- University of Richmond (6)
- Publication Year
- Publication
-
- Touro Law Review (55)
- Vanderbilt Law Review (55)
- Faculty Scholarship (40)
- Faculty Publications (34)
- Akron Law Review (21)
-
- All Faculty Scholarship (17)
- San Diego Law Review (14)
- Cleveland State Law Review (13)
- Maryland Law Review (13)
- Scholarly Works (13)
- Pepperdine Law Review (12)
- West Virginia Law Review (11)
- Law Faculty Articles and Essays (9)
- Publications (9)
- UF Law Faculty Publications (9)
- Journal Articles (8)
- Maine Law Review (8)
- Articles & Chapters (6)
- American Indian Law Review (5)
- Law Faculty Research Publications (5)
- University of Arkansas at Little Rock Law Review (5)
- Washington and Lee Journal of Civil Rights and Social Justice (5)
- Alan E Garfield (4)
- Articles in Law Reviews & Other Academic Journals (4)
- Brian C. Murchison (4)
- Elisabeth Haub School of Law Faculty Publications (4)
- FIU Law Review (4)
- Other Publications (4)
- Pace Law Review (4)
- Scholarly Articles (4)
- Publication Type
Articles 541 - 551 of 551
Full-Text Articles in Law
Draft Card Burning Denied Symbolic Speech Protection Under Governmental Interest Rationale, James R. Goodwin
Draft Card Burning Denied Symbolic Speech Protection Under Governmental Interest Rationale, James R. Goodwin
San Diego Law Review
On the morning of March 31, 1966, David O’Brien and three companions burned their draft cards on the steps of the South Boston Courthouse in protest against the Selective Service System and the war in Vietnam. The District Court of Massachusetts rejected O’Brien’s claim that his act was protected "symbolic speech" and convicted him of willfully and knowingly mutilating and destroying by burning his Registration Certificate in violation of section 12(b)(3) of the Universal Military Training and Service Act, 50 U.S.C. App. § 462(b), as amended, 79 Stat. 586.
The Legal Philosophy Of John Marshall, Douglas A. Poe
The Legal Philosophy Of John Marshall, Douglas A. Poe
Vanderbilt Law Review
One of the greatest and most significant constitutional enigmas with which the Supreme Court has grappled during the past two decades has concerned the proper delineation of the first amendment's prohibition against the abridgment of "the freedom of speech." The range of problems confronted has extended from congressional investigations to state obscenity laws, from sit-in demonstrations to the provision of legal counsel by labor unions for their members. An all-encompassing and consistent theory of the first and fourteenth amendments has yet to be articulated by the Court, a situation which is hardly unexpected in view of the disparate claims asserted …
Religion And The Public Schools, P. Raymond Bartholomew
Religion And The Public Schools, P. Raymond Bartholomew
Vanderbilt Law Review
The first amendment to the United States Constitution contains a dual command with respect to governmental involvement with religion: government must "make no law respecting an establishment of religion or prohibiting the free exercise thereof." Although some have insisted that the first amendment requires a strict separation of church and state, the conclusion is inescapable that the two clauses were intended to operate together in harmony. It is apparent, therefore, that the conflicting policies of the "no establishment" clause and the "free exercise" clause must be balanced and reconciled. The United States Supreme Court has held that this balancing effort …
The Finance Cases, Jethro K. Lieberman
Charitable Tort Immunity Under The First Amendment, I. Stephen North
Charitable Tort Immunity Under The First Amendment, I. Stephen North
Vanderbilt Law Review
The doctrine of charitable tort immunity was conceived in England in 1861. The case of Holliday v. Leonard' held that to apply funds in trust to satisfy a tort claim would be to thwart the intent of the donor. In 1871, Holliday was overruled and since then charities in England have been liable for their torts. Apparently unaware that the Holliday case had been overruled, the courts of Massachusetts and Maryland' cited it as authority and established the immunity rule in America. From the beginning, the doctrine was not without its dissenters. In 1879, for example, Rhode Island rejected immunity. …
The First Amendment And The Judicial Process: A Reply To Mr. Frantz, Wallace Mendelson
The First Amendment And The Judicial Process: A Reply To Mr. Frantz, Wallace Mendelson
Vanderbilt Law Review
Cut loose from its foundation in the distinction between discussion and incitement, the clear and present danger test lost its rational meaning and became a cloak for "vague but fervent transcendental-ism." In short, the activists destroyed it as an intelligible guide to decision-and then abandoned it about a dozen years ago. Meanwhile they have tried, and apparently discarded, one "new" verbalism after another. The latest is Mr. Justice Black's absolutist concentration on two untroubled words in the first amendment: "no law." This gambit--"no law means no law"--again begs all the difficulties simply by ignoring them. As Dean Griswold has suggested, …
The Constitutional Right Of Association. By David Fellman, Edward L. Barrett Jr.
The Constitutional Right Of Association. By David Fellman, Edward L. Barrett Jr.
San Diego Law Review
Professor Fellman's little book provides a helpful survey of the cases dealing with freedom of association. It is written simply enough to satisfy the demand of interested citizens who wish to be informed as to the legal principles applied in giving content to that "right of association" which has long been regarded as part of our constitutional heritage. Beyond that, however, the collection of cases and literature is sufficiently exhaustive to provide the base point form which legal scholars and social scientists may continue the research necessary for the "truly comprehensive study of the right of association" to which Professor …
Voice Identification, Writing Exemplars And The Privilege Against Self-Incrimination, Russell J. Weintraub
Voice Identification, Writing Exemplars And The Privilege Against Self-Incrimination, Russell J. Weintraub
Vanderbilt Law Review
The problems involved in defining the nature of the privilege against self-incrimination and in setting its limits have been much mooted in recent years. Though these problems have been brought into sharp focus by the present very urgent and certainly justified concern for our national security, they are problems which are inherent in the privilege itself. They have been with us for a long time.
One of these problems concerns the extent to which a person may refuse to participate in criminal proceedings brought against him. Doubtless not even the most liberal proponent of the privilege would claim that an …
Motion Picture Censorship - A Constitutional Dilemma - Superior Films, Inc. V. Department Of Education
Maryland Law Review
No abstract provided.
Book Reviews, Reginald C. Harmon (Reviewer), A. B. Butts (Reviewer), Rollin M. Perkins (Reviewer), Stanley D. Rose (Reviewer), Charles H. Livengood, Jr. (Reviewer), Keith W. Blinn (Reviewer)
Book Reviews, Reginald C. Harmon (Reviewer), A. B. Butts (Reviewer), Rollin M. Perkins (Reviewer), Stanley D. Rose (Reviewer), Charles H. Livengood, Jr. (Reviewer), Keith W. Blinn (Reviewer)
Vanderbilt Law Review
Military Justice under the Uniform Code
By James Snedeker
Boston: Little, Brown and Company, 1953. $15.00.
reviewer: Reginald C. Harmon
===================================
Conscription of Conscience
By Mulford Q. Sibley and Philip E. Jacob
Ithaca: Cornell University Press, 1952. Pp. x, 580. $6.50.
reviewer: A. B. Butts
====================================
Theft, Law and Society
By Jerome Hall
Indianapolis: Bobbs-Merrill Co., Inc. Second Edition, 1952. Pp. xxiv, 398. $10.00.
reviewer: Rollin M. Perkins
======================================
Freedom of the Press in England 1476-1776
By Fredrick S. Siebert
Urbana: University of Illinois Press, 1952. Pp. xiv, 411. $7.50.
reviewer: Stanley D. Rose
=========================================
Wage-Hour Law: Coverage
By Heiman …
Federal Law Of Search And Seizure As An Incident To Lawful Arrest In The Light Of The Case Of Harris V. United States, C.D. Berry, N.C. Frost
Federal Law Of Search And Seizure As An Incident To Lawful Arrest In The Light Of The Case Of Harris V. United States, C.D. Berry, N.C. Frost
Vanderbilt Law Review
The recent widely discussed case of Harris v. United States further complicates that already complex phase of search and seizure which relates to the extent to which officers may search as an incident to a lawful arrest. The Fourth Amendment to the Constitution provides: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon prob-able cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to he seized." It has …