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- Constitutional law (10)
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- Contraceptive (5)
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- Michigan Law Review (28)
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Articles 1 - 30 of 90
Full-Text Articles in Law
Constitutional Law--Freedom Of Religion And The Police Power, Hazel Armenta Straub
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
Constitutional Law--Prospective Limitation Of Mapp V. Ohio, Menis Elbert Ketchum Ii
West Virginia 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
Buffalo Law Review
People v. Laverne, 14 N.Y.2d 304, 200 N.E.2d 441, 251 N.Y.S.2d 452 (1964).
Criminal Law--Administrative Law And The Right To Trial By Jury, William Jack Stevens
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
The Rights Of Prisoners While Incarcerated, David Gerald Jay
Buffalo Law Review
No abstract provided.
Constitutional Law—Price Regulation Of Liquor Industry Not Violative Of Due Process Of Law, Charles E. Milch
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).
The Right Of Privacy: Emanations And Intimations, Robert B. Mckay
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
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 …
Nine Justices In Search Of A Doctrine, Thomas I. Emerson
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
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 Griswold Penumbra: Constitutional Charter For An Expanded Law Of Privacy?, Robert G. Dixon Jr.
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.
Constitutional And Statutory Bases Of Governors' Emergency Powers, F. David Trickey
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 …
Beacon Theatres And The Constitutional Right To Jury Trial, Paul F. Rothstein
Beacon Theatres And The Constitutional Right To Jury Trial, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
No abstract provided.
Recent Cases, Law Review Staff
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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Boles: The Bible, Religion And The Public Schools, Arthur E. Sutherland
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
Evidence Illegally Seized By Private Persons Excluded From Criminal Prosecution--People V. Mccomb, Michigan Law Review
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 …
Characterization Of Interstate Arrangements: When Is A Compact Not A Compact, David E. Engdahl
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 …
Yeredor V. Chairman Of The Central Elections Committee For The Sixth Knesset, Haim Herman Cohn, Shimon Agranat, Yoel Sussman
Yeredor V. Chairman Of The Central Elections Committee For The Sixth Knesset, Haim Herman Cohn, Shimon Agranat, Yoel Sussman
Translated Opinions
The Central Elections Committee for the Sixth Knesset refused to confirm the “Socialists’ List” because “this list of candidates is unlawful as its initiators deny the territorial integrity of the State of Israel and its very existence.” The material that was before the Committee clearly reflected that most of the candidates on the relevant list were members of the “El Ard” movement whose purposes were described by the Israeli Supreme Court as completely and absolutely denying the existence of the State of Israel in general, and its existence within its borders in particular.
In denying the appeal, the Supreme Court …
Constitutional Law—Local Law Setting Residence Requirements For Local Police Officers Invalid As Conflicting With Valid State Statute, David M. Brown
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).
Recent Cases, Law Review Staff
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 …
Future Interests—Application Of Statute To Bar Enforcement Of Matured Reverter Held Unconstitutional, Alan A. Ransom
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).
Search Of Automobile After Arrest For A Traffic Violation
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
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
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--The Scope Of The Escobedo Rule, Lester Clay Hess Jr.
Constitutional Law--The Scope Of The Escobedo Rule, Lester Clay Hess Jr.
West Virginia Law Review
No abstract provided.
Advising A Witness To Exercise His Privilege Against Self-Incrimination When The Adviser's Motive Is To Protect Himself Is An Obstruction Of Justice-Cole V. United States, Michigan Law Review
Advising A Witness To Exercise His Privilege Against Self-Incrimination When The Adviser's Motive Is To Protect Himself Is An Obstruction Of Justice-Cole V. United States, Michigan Law Review
Michigan Law Review
Defendant, who had perjured himself before a federal grand jury, feared that the testimony of his former employee before the same body would reveal the perjury. Knowing that the employee had previously filed a false affidavit with the McClellan Committee, defendant was able to persuade him to invoke his constitutional privilege against self-incrimination. When the former employee later voluntarily made a full disclosure to government agents, defendant was indicted by a second grand jury and convicted of corruptly endeavoring to obstruct the administration of justice in violation of section 1503 of the Federal Criminal Code. On appeal to the Court …
Constitutional Law--Conscientious Objectors, Frank Cuomo
Constitutional Law--Conscientious Objectors, Frank Cuomo
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
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 …
Noise And The Law, George A. Spater
Noise And The Law, George A. Spater
Michigan Law Review
For practical purposes the discussion of the law of noise can be considered in two parts: first, the rights of a complainant against a private person and second, the rights of a complainant against the government or an agency acting by government authority.
Predicting Court Cases Quantitatively, Stuart Nagel
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 …