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Full-Text Articles in Law

Juvenile Curfew Ordinances And The Constitution, Michigan Law Review Nov 1977

Juvenile Curfew Ordinances And The Constitution, Michigan Law Review

Michigan Law Review

Recognizing that a legislature must decide whether to enact a juvenile curfew without the benefit of conclusive data on the effectiveness of such laws, the remainder of this Note will focus primarily upon the constitutional issues raised by such ordinances. The freedom of movement that is limited by a curfew is, it will be argued, an unenumerated right protected by the ninth and fourteenth amendments. The constitutional rights of juveniles, however, -are not necessarily coextensive with those of adults. Certain characteristics of juveniles-in particular, their lesser capacity for reason and self-control-imply that the strength of their right to freedom of …


A Proposal For Revision Of The Florida Constitution: Environmental Rights For Florida Citizens, Martha L. Harrell Oct 1977

A Proposal For Revision Of The Florida Constitution: Environmental Rights For Florida Citizens, Martha L. Harrell

Florida State University Law Review

No abstract provided.


Housing For The Elderly: Constitutional Limitations And Our Obligations, Ed Stafman Jul 1977

Housing For The Elderly: Constitutional Limitations And Our Obligations, Ed Stafman

Florida State University Law Review

No abstract provided.


State Taxation And The Supreme Court: Toward A More Unified Approach To Constitutional Adjudication?, Walter Hellerstein Jun 1977

State Taxation And The Supreme Court: Toward A More Unified Approach To Constitutional Adjudication?, Walter Hellerstein

Michigan Law Review

The first section of this Article examines three recent cases, each addressed to a different constitutional limitation on the scope of state tax power, that may be read as signifying a new approach: Michelin Tire Corp. v. Wages, which concerned the import-export clause; United States v. County of Fresno, which concerned the supremacy clause; and Complete Auto Transit, Inc. v. Brady, which concerned the commerce clause. Section II considers the implications of these decisions and explores -the possibility that they share an underlying doctrinal unity.


Judicial Protection Of Minorities, Terrance Sandalow May 1977

Judicial Protection Of Minorities, Terrance Sandalow

Articles

In United States v. Carolene Products Co., Justice Stone suggested by indirection that there "may be narrower scope for operation of the presumption of constitutionality" when courts are called upon to determine the validity "of statutes directed at particular religious . . . or national . . . or racial minorities."' In such cases, he explained, "prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry."' Forty years later, …


From Washington To Arlington Heights And Beyond: Discriminatory Purpose In Equal Protection Litigation, Robert G. Schwemm Jan 1977

From Washington To Arlington Heights And Beyond: Discriminatory Purpose In Equal Protection Litigation, Robert G. Schwemm

Law Faculty Scholarly Articles

When the Supreme Court decided Washington v. Davis on June 7, 1976, it began a new era in civil rights law. Rejecting the contention that state action is unconstitutional solely because it operates to injure more blacks than whites, the Court held that proof of discriminatory purpose is necessary to establish a claim of racial discrimination under the equal protection clause. In two cases decided the following term—Village of Arlington Heights v. Metropolitan Housing Development Corp. and Castaneda v. Partida—the Court reaffirmed its commitment to the discriminatory purpose requirement, but was badly divided on how to apply the …


The Constitutionality Of Punitive Damges In Libel Actions, Nicholas J. Jollymore Jan 1977

The Constitutionality Of Punitive Damges In Libel Actions, Nicholas J. Jollymore

Fordham Law Review

No abstract provided.


United States Trust Company Of New York V. New Jersey―The Contract Clause In A Complex Society, Robert A. Mctamaney Jan 1977

United States Trust Company Of New York V. New Jersey―The Contract Clause In A Complex Society, Robert A. Mctamaney

Fordham Law Review

No abstract provided.


Medical Malpractice Mediation Panels: A Constitional Analysis , Edward F. Seavers, Jr. Jan 1977

Medical Malpractice Mediation Panels: A Constitional Analysis , Edward F. Seavers, Jr.

Fordham Law Review

No abstract provided.


Reason And The Fourth Amendment―The Burger Court And The Exclusionary Rule , Norman M. Robertson Jan 1977

Reason And The Fourth Amendment―The Burger Court And The Exclusionary Rule , Norman M. Robertson

Fordham Law Review

No abstract provided.


Power To Define The Constitutional Rights Of Defendants: Congress And The Federal Courts , Richard A. Givens Jan 1977

Power To Define The Constitutional Rights Of Defendants: Congress And The Federal Courts , Richard A. Givens

Fordham Law Review

No abstract provided.


Unnatural Acts And The Constitutional Right To Privacy: A Moral Theory , David A. J. Richards Jan 1977

Unnatural Acts And The Constitutional Right To Privacy: A Moral Theory , David A. J. Richards

Fordham Law Review

No abstract provided.


Congressional Power Under The Appointments Clause After Buckley V. Valeo, Michigan Law Review Jan 1977

Congressional Power Under The Appointments Clause After Buckley V. Valeo, Michigan Law Review

Michigan Law Review

This Note examines the constitutional power of Congress to control the selection of government officers. It first discusses the article II grant itself and concludes that the Court in Buckley correctly interpreted that provision to prohibit direct appointment by Congress of officers who are found to possess "significant authority." The Note then explores possible means not explicitly foreclosed in Buckley by which Congress might influence such appointments and argues that these alternatives are restricted by the same constitutional principles that prohibit direct congressional appointments.