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1965

Constitutional Law

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Full-Text Articles in Law

Constitutional Law--Freedom Of Religion And The Police Power, Hazel Armenta Straub Dec 1965

Constitutional Law--Freedom Of Religion And The Police Power, Hazel Armenta Straub

West Virginia Law Review

No abstract provided.


Constitutional Law--Prospective Limitation Of Mapp V. Ohio, Menis Elbert Ketchum Ii Dec 1965

Constitutional Law--Prospective Limitation Of Mapp V. Ohio, Menis Elbert Ketchum Ii

West Virginia Law Review

No abstract provided.


Constitutional Law—Price Regulation Of Liquor Industry Not Violative Of Due Process Of Law, Charles E. Milch Dec 1965

Constitutional Law—Price Regulation Of Liquor Industry Not Violative Of Due Process Of Law, Charles E. Milch

Buffalo Law Review

Joseph E. Seagram and Sons, Inc. v. Hostetter, 16 N.Y. 47, 209 N.E.2d 701, 262 N.Y.S.2d 75, cert. granted, 34 U.S.L. Week 3179 (U.S. Nov. 23, 1965).


Criminal Law--Administrative Law And The Right To Trial By Jury, William Jack Stevens Dec 1965

Criminal Law--Administrative Law And The Right To Trial By Jury, William Jack Stevens

West Virginia Law Review

No abstract provided.


The Rights Of Prisoners While Incarcerated, David Gerald Jay Dec 1965

The Rights Of Prisoners While Incarcerated, David Gerald Jay

Buffalo Law Review

No abstract provided.


Constitutional Law—Inspections And The Warrant Requirement—Warrant Required In Zoning Inspections Where Purpose Is To Gather Evidence For A Criminal Prosecution, George Wallach Dec 1965

Constitutional Law—Inspections And The Warrant Requirement—Warrant Required In Zoning Inspections Where Purpose Is To Gather Evidence For A Criminal Prosecution, George Wallach

Buffalo Law Review

People v. Laverne, 14 N.Y.2d 304, 200 N.E.2d 441, 251 N.Y.S.2d 452 (1964).


Recent Cases, Law Review Staff Dec 1965

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Mexican Bilateral Divorce Decree Recognized Even Though Neither Party was a Mexican Domiciliary At Time of Divorce

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Constitutional Law--Section 504 of LMRDA a Bill of Attainder

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Corporations--DeFacto Merger--Dissenters' Rights--Construction of Merger and Amendment Statutes

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Criminal Law--Search and Seizure--Standing Granted for Dyer Act Prosecutions Without Allegation of Possession

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Damages--Restitutionary Relief for Breach of Contract Granted Under the Tucker Act to a Government Contractor

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Federal Employers' Liability Act--Applicability of "In Whole or in Part" Rule of Proximate Cause to Employer's Efforts To Prove Contributory Negligence Plaintiff brought suit under the Federal Employers' Liability Act'

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Beacon Theatres And The Constitutional Right To Jury Trial, Paul F. Rothstein Dec 1965

Beacon Theatres And The Constitutional Right To Jury Trial, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

No abstract provided.


The Griswold Penumbra: Constitutional Charter For An Expanded Law Of Privacy?, Robert G. Dixon Jr. Dec 1965

The Griswold Penumbra: Constitutional Charter For An Expanded Law Of Privacy?, Robert G. Dixon Jr.

Michigan Law Review

The comments that follow are divided into a brief review, for purposes of perspective, of the elusive nature of "privacy" as developed in American law to date, and an attempted rigorous analysis of the privacy aspects of Griswold. A final section suggests that effectuation of the new constitutional right of marital privacy necessarily or derivatively implies a corollary right of access to birth control information and devices-a right which should have been more clearly articulated by the Court.


Nine Justices In Search Of A Doctrine, Thomas I. Emerson Dec 1965

Nine Justices In Search Of A Doctrine, Thomas I. Emerson

Michigan Law Review

To the ordinary layman, Griswold v. Connecticut seemed easy. But to the lawyer it was somewhat more difficult. The lawyer's problem with the case was that the issues did not readily fit into any existing legal pigeonhole. Actually, there were five possibilities. The case could have been dealt with under the equal protection clause, the first amendment, substantive due process, the right of privacy, or, in extremis, the ninth amendment. In order to strike down the statute under any of these doctrines, however, the Court would be forced to enter uncharted waters. Whatever course the Court took, its action …


Penumbras, Peripheries, Emanations, Things Fundamental And Things Forgotten: The Griswold Case, Paul G. Kauper Dec 1965

Penumbras, Peripheries, Emanations, Things Fundamental And Things Forgotten: The Griswold Case, Paul G. Kauper

Michigan Law Review

The varying theories followed in the several opinions in the Griswold case can be fully understood and appreciated only in the context of the tortuous but fascinating history of the judicial interpretation of the fourteenth amendment.


The Right Of Privacy: Emanations And Intimations, Robert B. Mckay Dec 1965

The Right Of Privacy: Emanations And Intimations, Robert B. Mckay

Michigan Law Review

When Louis Brandeis and Samuel Warren wrote in 1890 of "The Right to Privacy," they sought a means of protecting against unwelcome newspaper attention to social activities in the Warren household. Addressing their argument to the private law of torts, they presumably did not anticipate constitutional protection for other rights under the claim of privacy. Nevertheless, seventy· five years later that concept, now called the "right of privacy," was used by the Supreme Court of the United States in Griswold v. Connecticut to describe a constitutional right. Some members of the Court said the new right was within the "penumbra" …


Privacy In Connecticut, Arthur E. Sutherland Dec 1965

Privacy In Connecticut, Arthur E. Sutherland

Michigan Law Review

Occasionally a judgment of our Supreme Court, delivered in a superficially petty case, suddenly before our startled eyes displays fundamentals of our constitutional theory. Thus, in Griswold v. Connecticut, holding unconstitutional an 1879 Connecticut statute forbidding all persons to use contraceptive devices, the Court found it necessary to discover a "right of privacy" latent in the Bill of Rights and incorporated into the due process clause of the fourteenth amendment. The outcome of the case is satisfying; all nine Justices joined in saying, in one way or another, that Connecticut's statute was nonsense. I am happy to see this …


Constitutional And Statutory Bases Of Governors' Emergency Powers, F. David Trickey Dec 1965

Constitutional And Statutory Bases Of Governors' Emergency Powers, F. David Trickey

Michigan Law Review

The primary source of executive emergency power is the state constitution, although statutes often codify the constitutional executive emergency authority and occasionally delegate additional legislative police powers to the governor. Most governors are authorized to respond to public emergencies with a variety of extraordinary emergency measures. This study of state constitutional and statutory emergency power provisions has been undertaken in an attempt to evaluate the sources and scope of governors' emergency powers, as well as the limitations upon those powers. Its primary focus will be upon the extreme breadth of executive emergency authority and, in particular, upon the power to …


Characterization Of Interstate Arrangements: When Is A Compact Not A Compact, David E. Engdahl Nov 1965

Characterization Of Interstate Arrangements: When Is A Compact Not A Compact, David E. Engdahl

Michigan Law Review

The real increase in the use of "compacts" is still very recent, so there has as yet been little significant litigation concerning these instruments. For this reason, relatively few lawyers have had sufficient exposure to the subject to discover what an unhappy state the law of "compacts" is in. However, if the present trend toward their increased use continues, interstate authorities and agencies founded upon "compacts" may be expected to become as familiar to the average lawyer as conventional governmental agencies are today. This article is not intended to anticipate all of the legal problems which are sure to arise …


Evidence Illegally Seized By Private Persons Excluded From Criminal Prosecution--People V. Mccomb, Michigan Law Review Nov 1965

Evidence Illegally Seized By Private Persons Excluded From Criminal Prosecution--People V. Mccomb, Michigan Law Review

Michigan Law Review

At common law, illegally seized evidence was admissible on the theory that the nature of the seizure did not necessarily affect the probative value of the evidence. However, in 1914 the United States Supreme Court, in order to protect the fourth amendment's guarantee of freedom from unreasonable searches and seizures, adopted a rule excluding from federal courts evidence illegally seized by federal officials. In 1961, the scope of this rule was extended by Mapp v. Ohio, which held that all evidence obtained in violation of the fourth amendment is inadmissible in state courts. However, the Mapp doctrine applies only …


Boles: The Bible, Religion And The Public Schools, Arthur E. Sutherland Nov 1965

Boles: The Bible, Religion And The Public Schools, Arthur E. Sutherland

Michigan Law Review

A Review of The Bible, Religion and the Public Schools (3d ed) by Donald E. Boles


Constitutional Law—Local Law Setting Residence Requirements For Local Police Officers Invalid As Conflicting With Valid State Statute, David M. Brown Oct 1965

Constitutional Law—Local Law Setting Residence Requirements For Local Police Officers Invalid As Conflicting With Valid State Statute, David M. Brown

Buffalo Law Review

Hesselgrave v. King, 45 Misc. 2d 256, 256 N.Y.S.2d 753 (Sup. Ct. 1965).


Future Interests—Application Of Statute To Bar Enforcement Of Matured Reverter Held Unconstitutional, Alan A. Ransom Oct 1965

Future Interests—Application Of Statute To Bar Enforcement Of Matured Reverter Held Unconstitutional, Alan A. Ransom

Buffalo Law Review

Board of Educ. v. Miles, 15 N.Y.2d 364, 207 N.E.2d 181, 259 N.Y.S.2d 129 (1965).


Recent Cases, Law Review Staff Oct 1965

Recent Cases, Law Review Staff

Vanderbilt Law Review

Advertising--Undisclosed Use of Simulations In Television Commercials--a Deceptive Practice

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Antitrust Law--News Service Package Contract, a Tying Arrangement under Section I of the Sherman Act

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Antitrust--Union-Employer Agreements as to Labor Demands To Be Sought From Other Employers

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Constitutional Law--Laws Prohibiting the Use of Contraceptives by Married Couples for the Prevention of Conception Are Unconstitutional

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Constitutional Law--Rights of Addressee To Receive "Communist Political Propaganda" Protected Under First Amendment

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Federal Courts--Erie Doctrine Not the Test for Applicability of Federal Rules of Civil Procedure

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Constitutional Law--Televising of Criminal Trials Held Violative of the Right to a Fair Trial …


Search Of Automobile After Arrest For A Traffic Violation Sep 1965

Search Of Automobile After Arrest For A Traffic Violation

Washington and Lee Law Review

No abstract provided.


Minobe Tatsukichi: Interpreter Of Constitutionalism In Japan, By Frank O. Miller, John M. Maki Aug 1965

Minobe Tatsukichi: Interpreter Of Constitutionalism In Japan, By Frank O. Miller, John M. Maki

Washington Law Review

No abstract provided.


Appointed Counsel In Criminal Prosecutions: A Study Of Indigent Defense, Ronald L. Carlson Jul 1965

Appointed Counsel In Criminal Prosecutions: A Study Of Indigent Defense, Ronald L. Carlson

Scholarly Works

Attorney Carlson surveyed Iowa for the American Bar Association's study of the defense of indigent accused persons, and in this Article the results of that study are disclosed. The author sets forth recent constitutional developments involving appointments of counsel in criminal cases, then reviews criminal procedure and practice as it relates to the indigent. Survey techniques utilized in the study are revealed, and the responses obtained from jurists, prosecutors, and defense attorneys throughout the jurisdiction are detailed. Finally, he advances recommendations to assist in meeting the challenge of justice for the poor.


Constitutional Law--Conscientious Objectors, Frank Cuomo Jun 1965

Constitutional Law--Conscientious Objectors, Frank Cuomo

West Virginia Law Review

No abstract provided.


Constitutional Law--The Scope Of The Escobedo Rule, Lester Clay Hess Jr. Jun 1965

Constitutional Law--The Scope Of The Escobedo Rule, Lester Clay Hess Jr.

West Virginia Law Review

No abstract provided.


Ftc May Determine Whether Advertisements Containing Therapeutic Claims In Promotion Of Health Books Are Deceptive- Rodale Press, Inc., Michigan Law Review Jun 1965

Ftc May Determine Whether Advertisements Containing Therapeutic Claims In Promotion Of Health Books Are Deceptive- Rodale Press, Inc., Michigan Law Review

Michigan Law Review

Rodale Press advertised that the ideas and suggestions in its publication, The Health Finder, would increase life span, prevent various diseases, and permit savings on medical and dental expenses. The Federal Trade Commission challenged the advertising claims, which were substantially restatements of claims made in the book, on the ground that adherence to the book's suggestions would not effect the promised results. The hearing examiner denied Rodale's motion to dismiss the complaint. On request for permission to file an interlocutory appeal from the dismissal, held, request denied, one commissioner dissenting. The Commission may challenge the collateral claims in …


Court-Curbing Periods In American History, Stuart S. Nagel Jun 1965

Court-Curbing Periods In American History, Stuart S. Nagel

Vanderbilt Law Review

Due to its unavoidable involvement in the political process, the Supreme Court has often been an object of congressional attack. Excellent descriptive studies have been made of certain periods of conflict between Congress and the Court,' but there is a lack of writing which systematically analyzes relations between Congress and the Court throughout American history. It is the purpose of this: paper to analyze in a partially quantitative manner some of the factors which seem to account for the occurrence or nonoccurrence and for the success or failure of congressional attempts to curb the Court.


Annual Survey Of Tennessee Law, E. Blythe Stason Jun 1965

Annual Survey Of Tennessee Law, E. Blythe Stason

Vanderbilt Law Review

In preparing the Survey of Administrative Law for 1964, we find only eleven cases upon which to comment. Seven of them arise from a single field of administrative action, i.e., the work of County Beer Boards. One is a zoning variation case, another involves a realtor's license revocation, and the other two are lower federal court cases decided in Tennessee, one relating to social security, and the other to an interpretation of the abandonment provisions of the Interstate Commerce Act. Compared with many other states this is a modest showing. Indeed, when one takes account of the number of boards …


Constitutional Law -- 1964 Tennessee Survey, James C. Kirby, Jr. Jun 1965

Constitutional Law -- 1964 Tennessee Survey, James C. Kirby, Jr.

Vanderbilt Law Review

The prosecutions in McKinnie v. State, arose from "sit-in" demonstrations by which a group of Negroes attempted to obtain service at a privately operated cafeteria in Nashville. The passage of the Civil Rights Act of 1964 has since been held by the United States Supreme Court to abate these particular prosecutions and the prospective application of its public accommodations provisions makes it unlikely that their facts will recur.


Predicting Court Cases Quantitatively, Stuart Nagel Jun 1965

Predicting Court Cases Quantitatively, Stuart Nagel

Michigan Law Review

This article illustrates and systematically compares three methods for quantitatively predicting case outcomes. The three methods are correlation, regression, and discriminant analysis, all of which involve standard social science research techniques. Two prior articles have generated requests for a study dealing with the problems involved in handling a larger number of cases and predictive variables. The present article is also designed to provide such a study. It does not presuppose that the reader has read the earlier articles, although such a reading might help to clarify further some of the points made here. The cases used to illustrate the methods …