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Articles 181 - 210 of 210

Full-Text Articles in Law

Who Is Injured When Racially Discriminatory Private Schools Are Tax-Exempt?, Neal Devins Jan 1984

Who Is Injured When Racially Discriminatory Private Schools Are Tax-Exempt?, Neal Devins

Faculty Publications

No abstract provided.


Diminished Luster In Escambia County?, Neal Devins Jan 1984

Diminished Luster In Escambia County?, Neal Devins

Faculty Publications

No abstract provided.


A New Look At An Old Association: Will Today's Women Be Tomorrow's Jaycees?, Neal Devins Jan 1984

A New Look At An Old Association: Will Today's Women Be Tomorrow's Jaycees?, Neal Devins

Faculty Publications

No abstract provided.


Trends In The Supreme Court: Mr. Jefferson’S Crumbling Wall - A Comment On Lynch V. Donnelly, William W. Van Alstyne Jan 1984

Trends In The Supreme Court: Mr. Jefferson’S Crumbling Wall - A Comment On Lynch V. Donnelly, William W. Van Alstyne

Faculty Publications

No abstract provided.


What Standards Apply When Freedoms Collide?, Neal Devins Jan 1984

What Standards Apply When Freedoms Collide?, Neal Devins

Faculty Publications

No abstract provided.


The 1965 Voting Rights Act: Some Wrongs Still Not Righted, Neal Devins Jan 1984

The 1965 Voting Rights Act: Some Wrongs Still Not Righted, Neal Devins

Faculty Publications

No abstract provided.


Are Residential Quotas Constitutional?, Neal Devins Jan 1984

Are Residential Quotas Constitutional?, Neal Devins

Faculty Publications

No abstract provided.


Your Money Or Your Wife's?: Social Security Changes Considered, Neal Devins Jan 1984

Your Money Or Your Wife's?: Social Security Changes Considered, Neal Devins

Faculty Publications

No abstract provided.


Refining The Lawmaking Function Of The Supreme Court, Frederick Schauer Oct 1983

Refining The Lawmaking Function Of The Supreme Court, Frederick Schauer

Faculty Publications

No abstract provided.


Retroactivity: A Study In Supreme Court Doctrine As Applied, John Bernard Corr Jan 1983

Retroactivity: A Study In Supreme Court Doctrine As Applied, John Bernard Corr

Faculty Publications

The judicial creation of a new rule of law raises the essential question whether that rule is to be applied retroactively orprospectively only. The consistency of the traditionalm andatoryr etroactivityr ule has given way to a more flexible retroactivity ana sis. The change occurred in 1965 when the Supreme Court in Linkletter v. Walker squarelfaced a rule that, if applied retroactively, would have affected thousands of criminal convictions. The Linkletter doctrine has since defined the contours of federal retroactivity ana sis to include three basic considerations: purpose of the rule in question, reliance by theparties on the rule, and effect …


Codifying The First Amendment: New York V. Ferber, Frederick Schauer Jan 1982

Codifying The First Amendment: New York V. Ferber, Frederick Schauer

Faculty Publications

No abstract provided.


The Faretta Principle: Self Representation Versus The Right To Counsel, Paul Marcus Jan 1982

The Faretta Principle: Self Representation Versus The Right To Counsel, Paul Marcus

Faculty Publications

The United States Constitution makes provision for criminal defendants to be represented by counsel. In the federal jurisdiction this principle was vigorously applied, even to indigent persons, very early in the Twentieth Century. The United States Supreme Court, however, was reluctant to impose this requirement on the states except in cases of unusual circumstances where the absence of counsel would have affected the basic fairness of the trial. Finally, in a landmark decision by the Supreme Court, it was held that the right to counsel applies in both federal and state cases. For the past twenty years, federal and state …


Fourth Amendment Standing And Expectations Of Privacy: Rakas V. Illinois And New Directions For Some Old Concepts, Richard A. Williamson Oct 1979

Fourth Amendment Standing And Expectations Of Privacy: Rakas V. Illinois And New Directions For Some Old Concepts, Richard A. Williamson

Faculty Publications

No abstract provided.


The Burger Court, 1969-1979: Continuity And Contras, William F. Swindler Oct 1979

The Burger Court, 1969-1979: Continuity And Contras, William F. Swindler

Faculty Publications

No abstract provided.


Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne Jul 1979

Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne

Faculty Publications

No abstract provided.


Private Speech And The Private Forum: Givhan V. Western Line School District, Frederick Schauer Jan 1979

Private Speech And The Private Forum: Givhan V. Western Line School District, Frederick Schauer

Faculty Publications

No abstract provided.


Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer Jan 1979

Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer

Faculty Publications

Commentators have criticized the Supreme Court's use of the "two-level" theory of speech to place obscenity beyond the pale of the first amendment. They charge the Court with shirking the task of balancing first amendment values and the states' interests in regulating obscene material. Professor Schauer meets this criticism by examining the meaning of the word "speech" in the context of the purposes of the first amendment and the Constitution as a whole. He concludes that "speech"does not include a category.of obscenity'that performs the function of a surrogate sexual act and is lacking in communicative content. The Court's treatment of …


The Supreme Court, Warrantless Searches, And Exigent Circumstances, Richard A. Williamson Jan 1978

The Supreme Court, Warrantless Searches, And Exigent Circumstances, Richard A. Williamson

Faculty Publications

No abstract provided.


The Court, The Constitution, And Chief Justice Burger, William F. Swindler Apr 1974

The Court, The Constitution, And Chief Justice Burger, William F. Swindler

Faculty Publications

No abstract provided.


A Critical Guide To Ex Parte Mccardle, William W. Van Alstyne Jan 1973

A Critical Guide To Ex Parte Mccardle, William W. Van Alstyne

Faculty Publications

Given the growing trend of proposed Congressional bills seeking to remove certain types of cases from the Supreme Court's appellate jurisdiction, this examination looks back on Ex Parte McCardle, the quintessential case that defined the limits of the Exceptions Clause.


Book Review Of Equal Justice: The Warren Era Of The Supreme Court, W. Taylor Reveley Iii Jan 1973

Book Review Of Equal Justice: The Warren Era Of The Supreme Court, W. Taylor Reveley Iii

Faculty Publications

No abstract provided.


Fifty-One Chief Justices, William F. Swindler Jul 1972

Fifty-One Chief Justices, William F. Swindler

Faculty Publications

No abstract provided.


The Chief Justice And Law Reform, 1921-1971, William F. Swindler Jan 1971

The Chief Justice And Law Reform, 1921-1971, William F. Swindler

Faculty Publications

No abstract provided.


The Warren Court: Completion Of A Constitutional Revolution, William F. Swindler Mar 1970

The Warren Court: Completion Of A Constitutional Revolution, William F. Swindler

Faculty Publications

No abstract provided.


The Supreme Court, The President And Congress, William F. Swindler Jan 1970

The Supreme Court, The President And Congress, William F. Swindler

Faculty Publications

No abstract provided.


A Critical Guide To Marbury V. Madison, William W. Van Alstyne Jan 1969

A Critical Guide To Marbury V. Madison, William W. Van Alstyne

Faculty Publications

The concept of judicial review of the constitutionality of state and federal statutes by the Supreme Court is generally rested upon the epic decision in Marbury v. Madison. The controversies which have surrounded the exercise of this power by the Supreme Court require a periodic reexamination of the concept of judicial review at its source, the Marbury opinion. This article proceeds by examining the historical context in which the case arose and analyzes the opinion in terms of various alternative approaches which might have been utilized by Chief Justice Marshall. The specific holding of the case is isolated in contrast …


The Fourteenth Amendment, The “Right” To Vote, And The Understanding Of The Thirty-Ninth Congress, William W. Van Alstyne Jan 1965

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.


The Supreme Court On Trial, William W. Van Alstyne Jan 1964

The Supreme Court On Trial, William W. Van Alstyne

Faculty Publications

This review of The Supreme Court on Trial questions why the work’s tackling the age-old issues of the source of judicial review and its constitutionality is particularly novel or unique from other such examinations. Issue is also taken with Brown v. Boards dominance of such discussion and the book’s poor treatment of the desegregation cases.


Constitutional Separation Of Church And State: The Quest For A Coherent Position, William W. Van Alstyne Jan 1963

Constitutional Separation Of Church And State: The Quest For A Coherent Position, William W. Van Alstyne

Faculty Publications

No abstract provided.


One Man’S Stand For Freedom: Opinions And Lectures Of Mr. Justice Hugo Black, William W. Van Alstyne Jan 1963

One Man’S Stand For Freedom: Opinions And Lectures Of Mr. Justice Hugo Black, William W. Van Alstyne

Faculty Publications

This review champions the editor’s use of Mr. Justice Black’s own opinions in showcasing his emphasis of the emancipating aspects of the Constitution. This work cautions the reader to avoid relying on this compilation as an accurate depiction of the state of the law, especially considering that most of the included opinions are dissents.