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Articles 1 - 17 of 17
Full-Text Articles in Law
The Walz Decision: More On The Religion Clauses Of The First Amendment, Paul G. Kauper
The Walz Decision: More On The Religion Clauses Of The First Amendment, Paul G. Kauper
Michigan Law Review
The principal thrust of this Article is to determine the contribution made by the Walz decision to the body of ideas that has been developed by the Court in its application of the interdependent free exercise and establishment limitations of the first amendment, to point up any distinctively new emphases, and to suggest the implications of these new ideas and emphases for important cases coming before the Court at its 1970-1971 term.
Conscientious Objector - Welsh V. United States, Deborah Mailman
Conscientious Objector - Welsh V. United States, Deborah Mailman
North Carolina Central Law Review
No abstract provided.
The Unfinished Business Of The Warren Court, Charles L. Black, Jr.
The Unfinished Business Of The Warren Court, Charles L. Black, Jr.
Washington Law Review
The question we should ask of the Warren Court is not whether it succeeded, but whether we want to make it succeed. With the issue thus defined, Professor Black examines the work of the Warren Court, the foundation it has laid in substance and methodology, and the direction future advocacy must take to secure and enlarge upon those foundations. Professor Black compares the Warren Court favorably to the Marshall Court, noting that where the Marshall Court's unique contribution was defining nationhood, the Warren Court's unique contribution was defining citizenship. He urges strong and continuing advocacy to fulfill the Warren Court's …
The American Bar Association And The Supreme Court—Old Wine In A New Bottle?, Manly Fleischmann, Ronald H. Jensen
The American Bar Association And The Supreme Court—Old Wine In A New Bottle?, Manly Fleischmann, Ronald H. Jensen
Buffalo Law Review
No abstract provided.
What Has The Supreme Court Taught, Part Ii, James Audley Mclaughlin
What Has The Supreme Court Taught, Part Ii, James Audley Mclaughlin
West Virginia Law Review
No abstract provided.
A Requiem For Requiems: The Supreme Court At The Bar Of Reality, Stanley K. Laughlin Jr.
A Requiem For Requiems: The Supreme Court At The Bar Of Reality, Stanley K. Laughlin Jr.
Michigan Law Review
It is true that the test set out in Roth v. United States is moribund. In a sense it was stillborn. While five Justices, only one of whom remains on the Court, joined in the majority opinion in Roth, that case only adumbrated certain considerations that later were forged into what has come to be known as the Roth test. No sooner did the forging process begin than the Court became fragmented on this issue, and a majority of the Justices has never since concurred in the test-certainly not in a compatible formulation of it. Today, it is not …
The Supreme Court And Fundamental Rights--A Problem Of Judicial Method, James H. Wildman
The Supreme Court And Fundamental Rights--A Problem Of Judicial Method, James H. Wildman
Vanderbilt Law Review
Since the Constitution is a plan of written but flexible basic rights, interpreted and applied by a judiciary with few limitations upon its powers, it is necessary to avoid conferring carte blanche discretion upon the Court. This Note adopts the premises that we may be arriving at an era when "liberty" will demand constitutional protection of human interests other than those explicitly embodied within the text of the Bill of Rights; that judicial identification of those interests is often the most effective method for granting this protection; and that the function of constitutional due process is to preserve the relevancy …
Book Review Of The Justices Of The United States Supreme Court, William F. Swindler
Book Review Of The Justices Of The United States Supreme Court, William F. Swindler
William & Mary Law Review
No abstract provided.
An Attempted Appraisal Of An Attempted Appraisal Of The Warren Court, W. Clark Hanna
An Attempted Appraisal Of An Attempted Appraisal Of The Warren Court, W. Clark Hanna
North Carolina Central Law Review
No abstract provided.
Impeach John Marshall (An Attempt Appraisal Of The Warren Court), Gilbert Nurick
Impeach John Marshall (An Attempt Appraisal Of The Warren Court), Gilbert Nurick
North Carolina Central Law Review
No abstract provided.
Two Appraisals Of The Warren Court: Introduction, North Carolina Central Law Review
Two Appraisals Of The Warren Court: Introduction, North Carolina Central Law Review
North Carolina Central Law Review
No abstract provided.
The Haynsworth Affair Reconsidered: The Significance Of Conflicting Perceptions Of The Judicial Role, Edward N. Beiser
The Haynsworth Affair Reconsidered: The Significance Of Conflicting Perceptions Of The Judicial Role, Edward N. Beiser
Vanderbilt Law Review
Between 1900 and 1968, the Senate had refused to confirm an appointee to the Supreme Court on only one occasion. Then, within a two year period, the Senate twice refused to confirm an appointment: Associate Justice Abe Fortas, nominated as Chief Justice in 1968, was never acted upon because of a Senate filibuster,and his name was withdrawn; and Judge Clement Haynsworth, whose nomination provoked a great deal of debate and controversy, was ultimately rejected by the Senate by a vote of 55 to 45. These two incidents marked a distinct change from the traditional custom of Senatorial acquiescence to Presidential …
Egalitarianism And The Warren Court, Philip B. Kurland
Egalitarianism And The Warren Court, Philip B. Kurland
Michigan Law Review
As late as 1966, an English philosopher could say that the word "equality," unlike the words "freedom," "liberty," and "justice," was not a "value word" but only a descriptive one. He was not denigrating the term or the concept. He was saying that "when people talk about equality in a political or moral context what they really mean to talk about is some closely evaluative concept, such as impartiality or justice." What may have been true in England in 1966 was only partially true in the United States. While the word "equality" may still be used here to invoke other …
What Has The Supreme Court Taught: A Criticism Of The Unites States Supreme Court By Way Of A Critique Of Lance V. The Board Of Education Of Roane County, James Audley Mclaughlin
What Has The Supreme Court Taught: A Criticism Of The Unites States Supreme Court By Way Of A Critique Of Lance V. The Board Of Education Of Roane County, James Audley Mclaughlin
West Virginia Law Review
The subway fare in New York City was recently raised to thirty cents. Incensed citizens immediately declared they would go to court and have the increase declared unconstitutional. "Unconstitutional" and "constitutional rights" have become the watchwords of political protestors and reformers. Moreover, their political forum is often a court of law. Who taught the nation this rhetoric, this mode of action, and this attitude toward law, law reform, and politics? The Supreme Court of the United States. Has the Court deliberately taught this doctrine? No, nor is it apparently even conscious of what it has unwittingly done. It is important …
Books Received
University of Richmond Law Review
These are the books received by the Law School in 1970.
Prospectivity And Retroactivity Of Supreme Court Constitutional Interpretations
Prospectivity And Retroactivity Of Supreme Court Constitutional Interpretations
University of Richmond Law Review
The freedom of a court, state or federal, to define the limits of ad- herence to precedent has been sanctioned by the Supreme Court in both civil' and criminal cases. Accordingly, any decision can be made to apply to future cases or relate back to all past cases. In no other area of the law is such a decision more important than in the field of criminal procedure where the freedom of a convicted man can rest upon a decision to apply a new "rule" retroactively or prospectively. It is not surprising, therefore, that the majority of retroactivity cases involve …
Haynsworth And Carswell: A New Senate Standard Of Excellence, Mitch Mcconnell
Haynsworth And Carswell: A New Senate Standard Of Excellence, Mitch Mcconnell
Kentucky Law Journal
No abstract provided.