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Articles 1 - 15 of 15
Full-Text Articles in Law
The Cumulation Of The Abortion Reform Movement
The Cumulation Of The Abortion Reform Movement
University of Richmond Law Review
We forthwith acknowledge our awareness of the sensitive and emotional nature of the abortion controversy, of the vigorous opposing views, even among physicians, and of the deep and seemingly absolute convictions that the subject inspires. One's philosophy, one's experiences, one's exposure to the raw edges of human existence, one's religious training, one's attitudes toward life and family and their values, and the moral standards one establishes and seeks to observe, are all likely to influence and to color one's thinking and conclusions about abortion.
Freedom Of Religion- "There Is No Constitutional Right To Choose To Die
Freedom Of Religion- "There Is No Constitutional Right To Choose To Die
University of Richmond Law Review
The practice of one's religious beliefs has generally been freely allowed in the United States so long as it does not infringe upon the constitutionally protected rights of others. However, in the recent case of John F. Kennedy Memorial Hospital v. Heston, the New Jersey Supreme Court seemingly has modified this principle by justifying the restraint of an individual in the practice of his religious beliefs, not to preserve the constitutional rights of others, but to protect that individual from himself.
The Defendant In Jeopardy- Is Virginia Unique?
The Defendant In Jeopardy- Is Virginia Unique?
University of Richmond Law Review
The constitutional and statutory safeguards against a person being twice placed in jeopardy for the same offense are well known both to laymen and lawyers alike. What has gone largely unnoticed by the Virginia courts is the applicability of the doctrine of res judicata to the area of criminal law. It is the purpose of this comment to make the reader aware of the doctrine of res judicata as it applies to criminal cases and to attempt to clear up the confusion which has developed in this area of Virginia law.
Constitutional Law-The Indigent Misdemeanant's Right To Counsel
Constitutional Law-The Indigent Misdemeanant's Right To Counsel
University of Richmond Law Review
In accordance with the provisions of the federal and most state constitutions, a person accused of a crime has the right to be heard and to be assisted by counsel in his defense. However, not until 1932 was the right to counsel for indigent criminal defendants recognized by the Supreme Court of the United States, and the extent of this right has remained unclear for forty years.
Constitutional Law-Search And Seizure-The Standard Of Reliability For The Citizen Informer Is Reduced In Virginia
University of Richmond Law Review
Searches and seizures do not violate the fourth amendment to the United States Constitution where entry to specified premises is authorized by a properly issued search warrant based on an affidavit showing probable cause. Probable cause may be established by information given to an affiant officer by an informer if the information in the affidavit meets the require-ments of the two-pronged test set forth in Aguilar v. Texas. The first prong of that test, the informant-conclusion portion, requires that the affidavit describe some of the pertinent underlying circumstances necessary to judge the validity of the informant's conclusion. The other prong, …
Constitutional Law- Self-Incrimination- Information Obtained Through Mandatory Disclosure Statutes Held Subject To Fifth Amendment Protection
University of Richmond Law Review
The various agencies charged with the responsibility of administering the routine affairs of government have long relied on compulsory self-reporting of information by citizens to support both the regulatory and revenue generating functions of the governmental process. The conflict between such compelled self-disclosures and the individual's right to freedom from forced self-incrimination has been neither completely nor satisfactorily resolved, although several hypotheses have been advanced in an effort to furnish a solution. Since virtually every person must, at some time, file an income tax return, the mandatory disclosure provisions of tax laws present a clear example of the need for …
Constitutional Law-Rights Of An Untenured Teacher To Procedural Due Process
Constitutional Law-Rights Of An Untenured Teacher To Procedural Due Process
University of Richmond Law Review
In the last decade, the federal courts, led by the Supreme Court, have emphasized the equal protection clause of the fourteenth amendment as a basis for an employee's right to procedural due process prior to dismissal from public employment. The Supreme Court has declared that any governmental action to deprive a person of an interest, even a privilege-type interest, is arbitrary and capricious if not applied with universal evenhandedness This holding would seem to entitle almost any teacher summarily dismissed to procedural due process.
Constitutional Law-Utility Shutoffs-A Violation Of Due Process Under Color Of State Law?
Constitutional Law-Utility Shutoffs-A Violation Of Due Process Under Color Of State Law?
University of Richmond Law Review
Past judicial decisions concerning the right of a private utility to terminate-service for nonpayment of bills have consistently favored the utility. Yet victims of shutoffs, whether poor or merely outraged and inconvenienced, continue to attack shutoff actions through the regulatory commissions, legislation, and the courts. Their efforts have met with failure in all forums.
Constitutional Law - Search And Seizure - Magnetometer As Search
Constitutional Law - Search And Seizure - Magnetometer As Search
University of Richmond Law Review
As a result of the great number of airborne hijackings and in an attempt to prevent them, the United States Government has developed a "system for discouraging and apprehending potential hijackers" that includes the use of a metal detecting device known as a magnetometer. The constitutional validity of the use of this device recently has been questioned in regard to the fourth amendment right against unreasonable searches and seizures in the case of Epperson v. United States.
Privilege Against Self-Incrimination- Does A "Use" Immunity Preserve The Rights Of The Witness?
Privilege Against Self-Incrimination- Does A "Use" Immunity Preserve The Rights Of The Witness?
University of Richmond Law Review
The United States Constitution guarantees every person the privilege of refusing to divulge self-incriminating testimony. When the acquisition of such testimony has been deemed necessary by the government, the United States Supreme Court has upheld statutes which require the witness to divulge the testimony, but only when such statutes have granted the witness an immunity which is coextensive with his fifth amendment privilege. There are two concepts as to the adequacy of an immunity which attempts to preserve the constitutional privilege of the witness: 1) a "transactional" immunity which renders the witness free from prosecution in a subsequent criminal proceeding …
Equal Protection- School Financing System Based On Local Property Taxes Held Unconstitutional
Equal Protection- School Financing System Based On Local Property Taxes Held Unconstitutional
University of Richmond Law Review
The fourteenth amendment of the United States Constitution allows unequal protection of the laws, provided such unequal treatment and discrimination bear some rational relationship to a conceivably legitimate state objective. This "rational relationship" test allows the states wide latitude and discretion in enacting legislation. However, where any state statute involves so-called "suspect classifications" or "fundamental interests," the statute will be subjected to a strict scrutiny test, under which the state must establish that there is not only a compelling state interest which justifies the law but also that the distinctions drawn in the statute are necessary to further such interests.
Extension Of The Sixth Amendment Right To Counsel- The Road From Wade To Ash
Extension Of The Sixth Amendment Right To Counsel- The Road From Wade To Ash
University of Richmond Law Review
The sixth amendment of The United States Constitution provides: "[I]n all criminal prosecutions, the accused shall enjoy the right . . . to have Assistance of Counsel for his defence." The constitutional guarantee of right to counsel is no more explicit than this, thus creating the problem of determining at what point in our adversarial criminal system the guarantee attaches.
Search And Seizure- The Inventory Search Of An Automobile
Search And Seizure- The Inventory Search Of An Automobile
University of Richmond Law Review
The fourth amendment to the United States Constitution protects the right of an individual to be free in his person and effects from unreasonable search and seizure. The drafters of the provision had fresh memories of the disregard for their individual liberties and sought to place definite restrictions on the activity of government officials. Their fear of the general warrant prompted them to further provide that any warrant be issued only upon probable cause determined by a magistrate and limited in scope. The interpretation of the mandate of the amendment has been that all searches conducted without a warrant issued …
Constitutional Law-Loyalty Oaths-The United States Supreme Court Relaxes Its Stringent Safeguards
Constitutional Law-Loyalty Oaths-The United States Supreme Court Relaxes Its Stringent Safeguards
University of Richmond Law Review
Loyalty oaths have long been imposed upon citizens of both monarchies and republics as conditions precedent to the granting of certain governmental favors or to the withholding of certain punishments. But whether the oath is taken to gain a benefit or to avoid a criminal sanction, the aftermath of refusing to take a loyalty oath is that the citizen is penalized. This is not to suggest that a loyalty oath is dangerous per se, although some Justices of the United States Supreme Court have taken this view., Certainly a governmental body should not be denied the power to protect itself …
Constitutional Law-Private Discrimination Remains Intact
Constitutional Law-Private Discrimination Remains Intact
University of Richmond Law Review
As a result of the decision of the Supreme Court in the Civil Rights Cases in 1883, the principle has become firmly embedded in our constitutional law that the action inhibited by the first section of the fourteenth amendment is only such action as may fairly be said to be that of the states. "The amendment erects no shield against merely private conduct, however discriminatory or wrongful." Thus private conduct, no matter how discriminatory, in no way violates the equal protection clause of the fourteenth amendment unless the state, to some significant extent, becomes involved in this conduct.