Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 21 of 21

Full-Text Articles in Law

All In The Family: Equal Protection And The Illegitimate Child In Louisiana Succession Law, P. Keith Daigle Nov 1977

All In The Family: Equal Protection And The Illegitimate Child In Louisiana Succession Law, P. Keith Daigle

Louisiana Law Review

No abstract provided.


Article 1, Section 21: Access To Courts In Florida, Judith Anne Bass Oct 1977

Article 1, Section 21: Access To Courts In Florida, Judith Anne Bass

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.


Racial Discrimination Under The Constitution And Title Vii - More Deference To The Reasonable Practices Of Lawmakers And Employers, Robert G. Nida May 1977

Racial Discrimination Under The Constitution And Title Vii - More Deference To The Reasonable Practices Of Lawmakers And Employers, Robert G. Nida

Louisiana Law Review

No abstract provided.


Louisiana Constitutional Law: Husband's Burden Of Providing Alimony And Child Support, Douglas C. Longman Jr. May 1977

Louisiana Constitutional Law: Husband's Burden Of Providing Alimony And Child Support, Douglas C. Longman Jr.

Louisiana Law Review

No abstract provided.


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, …


Aliens And Equal Protection: Why Not The Right To Vote?, Gerald M. Rosberg May 1977

Aliens And Equal Protection: Why Not The Right To Vote?, Gerald M. Rosberg

Michigan Law Review

A constitutional right of at least some aliens to vote does not seem to me at all unthinkable. Throughout much of the nineteenth century and part of the twentieth, aliens enjoyed the right to vote in a great many states. The states that extended the franchise to aliens plainly did not believe that they were acting under constitutional compulsion. But given our present understanding of the mission of the equal protection clause, much can now be said in defense of such a constitutional right. My purpose here is to outline the case that might be made for the right of …


Illegitimates And Equal Protection, David Hallissey Apr 1977

Illegitimates And Equal Protection, David Hallissey

University of Michigan Journal of Law Reform

Illegitimates often have been discriminated against by legislatures in the enactment of statutes, as well as by courts which have sanctioned such legislation. This article will examine the judicial response to legislative treatment of the illegitimate in social insurance, loss compensation, and intestacy statutes. Emphasizing the Supreme Court's analysis of the legal status of illegitimates in terms of the equal protection clause, it will also discuss how the principle of equal protection may be applied in order to reduce the number of illegitimates denied the benefit and protection of the law.


The Contingent Compensation Of Expert Witnesses In Civil Litigation, Reed E. Shaper Apr 1977

The Contingent Compensation Of Expert Witnesses In Civil Litigation, Reed E. Shaper

Indiana Law Journal

No abstract provided.


Equal Protection: Analyzing The Dimensions Of A Fundamental Right - The Right To Vote, Robert F. Wall Jan 1977

Equal Protection: Analyzing The Dimensions Of A Fundamental Right - The Right To Vote, Robert F. Wall

Santa Clara Law Review

No abstract provided.


Survey Of Criminal Procedure — Alternative Dispositions Of Defendants, Charles Shafer Jan 1977

Survey Of Criminal Procedure — Alternative Dispositions Of Defendants, Charles Shafer

All Faculty Scholarship

The criminal justice system provides various alternatives for the disposition of criminal defendants. Three of these alternatives, pretrial intervention, drug treatment, and probation, were dealt with in recent New Jersey Supreme Court decisions. The court examined the substantive criteria and procedures used in assigning each disposition and focused primarily on the desire to provide rehabilitative opportunities for each defendant. This note will examine those decisions and the implications of the court's concentration on the goal of rehabilitation.


Constitutional Rights And Land Use Planning: The New And The Old Reality, Robert R. Wright Jan 1977

Constitutional Rights And Land Use Planning: The New And The Old Reality, Robert R. Wright

Faculty Scholarship

No abstract provided.


The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun Jan 1977

The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun

Publications

No abstract provided.


The Thirteenth And Fourteenth Amendments: Constitutional Authority For Federal Legislation Against Private Sex Discrimination, Emily Calhoun Jan 1977

The Thirteenth And Fourteenth Amendments: Constitutional Authority For Federal Legislation Against Private Sex Discrimination, Emily Calhoun

Publications

No abstract provided.


Note: Using Constitutional Zoning To Neutralize Adult Entertainment - Detroit To New York, Charles T. Fee, Jr. Jan 1977

Note: Using Constitutional Zoning To Neutralize Adult Entertainment - Detroit To New York, Charles T. Fee, Jr.

Fordham Urban Law Journal

In an effort to prevent the spread of businesses specializing in adult entertainment, many cities have utilized zoning ordinances to combat problems in certain neighborhoods. New York City, Boston, and Detroit all have instituted such restrictions. This Note will consider whether the zoning of businesses specializing in adult entertainment is a legitimate exercise of the state's police power, analyzing its potential as a violation of the first amendment and the equal protection clause of the fourteenth amendment. In addition, the Note will examine the validity of using the twenty-first amendment to regulate adult entertainment businesses that serve alcoholic beverages.


The Effects Test: New Directions, David C. Hsia Jan 1977

The Effects Test: New Directions, David C. Hsia

Santa Clara Law Review

No abstract provided.


Bakke V. Board Of Regents - Foreword, George J. Alexander Jan 1977

Bakke V. Board Of Regents - Foreword, George J. Alexander

Santa Clara Law Review

No abstract provided.


Termination Liability Under Title Iv Of Erisa: Impact On Companies Under Common Control, Mary Lynn Durham Jan 1977

Termination Liability Under Title Iv Of Erisa: Impact On Companies Under Common Control, Mary Lynn Durham

Case Western Reserve Law Review

No abstract provided.


Criminal Procedure - Grand Jury - Constitutional Law - Equal Protection - Due Process - Prosecutor's Duty To Expose Exculpatory Evidence To The Grand Jury Johnson V. Superious Court, 15 Cal. 3d 248, 539 P.2d 792, 124 Cal. Rptr. 32 (1975)., James A. Clark Jan 1977

Criminal Procedure - Grand Jury - Constitutional Law - Equal Protection - Due Process - Prosecutor's Duty To Expose Exculpatory Evidence To The Grand Jury Johnson V. Superious Court, 15 Cal. 3d 248, 539 P.2d 792, 124 Cal. Rptr. 32 (1975)., James A. Clark

Case Western Reserve Law Review

No abstract provided.


A New Dimension In Equal Protection?, Theodore J. St. Antoine Jan 1977

A New Dimension In Equal Protection?, Theodore J. St. Antoine

Articles

Two of America's most cherished values will collide head-on this year, when the U.S. Supreme Court comes to grips with the most significant civil rights suit since the school desegregation cases of 1954. Arrayed on one side is the principle of governmental "color-blindness," the appealing notion that the color of a person's skin should have nothing to do with the distribution of benefits or burdens by the state. Set against it is the goal of a truly integrated society and the tragic realization that this objective cannot be achieved within the foreseeable future unless race and color are taken into …


Justice Sherman Minton And The Protection Of Minority Rights, David N. Atkinson Jan 1977

Justice Sherman Minton And The Protection Of Minority Rights, David N. Atkinson

Washington and Lee Law Review

No abstract provided.