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1978

Constitutional Law

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Articles 211 - 223 of 223

Full-Text Articles in Law

Criminal Jurisdiction: Double Jeopardy In Indian Country, Larry Alan Burns Jan 1978

Criminal Jurisdiction: Double Jeopardy In Indian Country, Larry Alan Burns

American Indian Law Review

No abstract provided.


Review Of Private Property And The Constitution By Bruce Ackerman, John A. Humbach Jan 1978

Review Of Private Property And The Constitution By Bruce Ackerman, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Equal Protection And Welfare Legislation: The Need For A Principled Approach, Lynda D. Frazier Jan 1978

Equal Protection And Welfare Legislation: The Need For A Principled Approach, Lynda D. Frazier

Seattle University Law Review

The Supreme Court decision in Maher v. Roe, denying an equal protection claim to Medicaid payments for elective abortions, illustrates the Court's inconsistent application of minimal rationality standards to socioeconomic legislation. This comment analyzes Maher in light of recent irreconcilable Supreme Court decisions involving similar equal protection claims to welfare payments. It shows that the Court's standard of review vacillates between deferential abdication to the legislature and unexplained judicial interventionism, and concludes that until the Court adheres to a consistent and principled approach to minimal rationality review, equal protection will remain an area for unrestrained imposition of judicial, rather …


A Case For Judicial Balancing: Justice Stevens And The First Amendment, Richard G. Birinyi Jan 1978

A Case For Judicial Balancing: Justice Stevens And The First Amendment, Richard G. Birinyi

Seattle University Law Review

This comment discusses four of Justice Stevens's opinions that analyze first amendment issues. Two dissenting opinions in Splawn v. California and Smith v. United States deal expressly with obscenity, and reject the Court's present method of analysis. Young v. American Mini Theatres, Inc. and Federal Communications Commission v. Pacifica Foundation both develop a balancing approach to ascertain the constitutionality of government regulation of nonobscene offensive speech. The comment concludes that Justice Stevens correctly identifies the factors necessary to insure proper Court protection of speech interests.


The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression, Stephen W. Gard, Jeffrey Endress Jan 1978

The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression, Stephen W. Gard, Jeffrey Endress

Cleveland State Law Review

The United States Supreme Court, in FCC v. Pacifica Foundation, had a magnificent opportunity to either begin the process of defining first amendment limitations on the scope of the authority of the FCC to regulate the content of broadcast expression, explicate a rational ground for the differential status of broadcasting, or perhaps both. The purpose of this article is not to debate the wisdom of the use of sensitive language on the electronic media or elsewhere. Nor is it our purpose to debate the substantive question of whether the Court reached the proper result in Pacifica, although we will necessarily …


Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar Jan 1978

Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar

Articles

On Christmas Eve, 1968, a ten-year-old girl, Pamela Powers, disappeared while with her family in Des Moines, Iowa.2 Defendant Williams, an escapee from a mental institution and a deeply religious person, 3 was suspected of murdering her, and a warrant was issued for his arrest.4 Williams telephoned a Des Moines lawyer, McKnight, and on his advice surrendered himself to the Davenport, Iowa, police.5 Captain Learning and another Des Moines police officer arranged to drive the 160 miles to Davenport, pick up Williams, and return him directly to Des Moines. 6 Both the trial court 7 and the federal district court8 …


Corporate Political Speech: The Effect Of First National Bank Of Boston V. Bellotti Upon Statutory Limitations On Corporate Referendum Spending, Francis H. Fox Jan 1978

Corporate Political Speech: The Effect Of First National Bank Of Boston V. Bellotti Upon Statutory Limitations On Corporate Referendum Spending, Francis H. Fox

Kentucky Law Journal

No abstract provided.


Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen Jan 1978

Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen

Kentucky Law Journal

No abstract provided.


Constitutional Limitations On Mandatory Teacher Retirement, Paula Shives Hoskins Jan 1978

Constitutional Limitations On Mandatory Teacher Retirement, Paula Shives Hoskins

Kentucky Law Journal

No abstract provided.


Regulation Of Fundamentalist Christian Schools: Free Exercise Of Religion V. The State's Interest In Quality Education, Michael D. Baker Jan 1978

Regulation Of Fundamentalist Christian Schools: Free Exercise Of Religion V. The State's Interest In Quality Education, Michael D. Baker

Kentucky Law Journal

No abstract provided.


Federal Habeas Corpus And Ineffective Representation Of Counsel: The Supreme Court Has Work To Do, Peter W. Tague Jan 1978

Federal Habeas Corpus And Ineffective Representation Of Counsel: The Supreme Court Has Work To Do, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

The availability of federal habeas corpus relief for state criminal defendants has always borne a complex relationship to state rules barring defendants from litigating constitutional claims in state court because of procedural defaults in raising those claims. The Warren Court's landmark attempt to resolve this relationship was the 1963 decision in Fay v. Noia, which asserted that a state procedural forfeiture rule could not bar federal habeas review of a constitutional claim unless the defendant had "deliberately bypassed" the procedural opportunity to raise the claim; the Court defined "deliberate bypass" in terms of a defendant's intentional and voluntary relinquishment of …


The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein Dec 1977

The Negotiated Guilty Plea: A Framework For Analysis, Richard Adelstein

Richard Adelstein

An early exposition of the price exaction framework and the place of plea bargaining in it.


The Plea Bargain In Theory Dec 1977

The Plea Bargain In Theory

Richard Adelstein

A formal dynamic model of plea bargains.