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Articles 1 - 18 of 18

Full-Text Articles in Law

Child Support: The Double Standard, Karen Colby Weiner Oct 1978

Child Support: The Double Standard, Karen Colby Weiner

Florida State University Law Review

No abstract provided.


Bell V. Wolfish, Lewis F. Powell, Jr. Oct 1978

Bell V. Wolfish, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Ambach V. Norwick, Lewis F. Powell Jr. Oct 1978

Ambach V. Norwick, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Scott V. Illinois, Lewis F. Powell Jr. Oct 1978

Scott V. Illinois, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


The Implications Of "Resegregation" For Judicially Imposed School Segregation Remedies, Charles T. Clotfelter May 1978

The Implications Of "Resegregation" For Judicially Imposed School Segregation Remedies, Charles T. Clotfelter

Vanderbilt Law Review

This Article examines the implications of changing racial patterns--particularly those tending to resegregate schools--as they bear on the formulation of judicial remedies for school segregation. The Article considers both the effect of changing residential racial patterns upon racial patterns in schools and the effect of school desegregation upon the level of white enrollment. A third question that also may be relevant in this connection concerns the extent to which the possible existence of such resegregation constitutes a legitimate consideration in school desegregation cases. For example,fourteenth amendment requirements may render white flight a wholly irrelevant factor in some desegregation cases. This …


Recent Cases, James S. Hutchinson, James R. Newson, Iii, Andrew W. Byrd, Judith Mi. Janssen, John E. Tavss Apr 1978

Recent Cases, James S. Hutchinson, James R. Newson, Iii, Andrew W. Byrd, Judith Mi. Janssen, John E. Tavss

Vanderbilt Law Review

Civil Procedure--Attorney-Client Privilege-- Privilege Protects Communications Made by Corporate Employee To Secure Legal Advice and a Matter Committed to a Professional Legal Advisor Is Prima Facie Committed To Secure Legal Advice

James S. Hutchinson

attorney-client privilege, the "predominance" test, legal activities

In summary, courts have not yet resolved how to determine who may qualify as the corporate client for purposes of the attorney-client privilege...

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Constitutional Law-- Confrontation Clause-Admission at Trial of Slain Informant's

Prior Grand Jury Testimony Against Defendants Does …


Equal Protection: A Closer Look At Closer Scrutiny, Michigan Law Review Apr 1978

Equal Protection: A Closer Look At Closer Scrutiny, Michigan Law Review

Michigan Law Review

This Note proposes to restore means-end analysis to legal respectability through a comprehensive integrated approach to purpose, misfit, and balancing. The search for a rational basis is meaningless if there are no constraints on the kind of purpose which may justify a classification. Therefore, this Note initially explores ways in which a court can more rigorously scrutinize statutory purpose. The next significant question is how a court should evaluate the degree of coincidence between the class picked out by the law and the class which would be picked out if the law were to achieve its goals. Such "misfit" analysis …


Ix. Habeas Corpus And Prisoners' Rights Mar 1978

Ix. Habeas Corpus And Prisoners' Rights

Washington and Lee Law Review

No abstract provided.


Racial Vote Dilution In Multimember Districts: The Constitutional Standard After Washington V. Davis, Michigan Law Review Mar 1978

Racial Vote Dilution In Multimember Districts: The Constitutional Standard After Washington V. Davis, Michigan Law Review

Michigan Law Review

This Note argues that the effect-oriented standard for multimember-district vote-dilution claims is unaffected by the Washington intent requirement. Part I outlines the manner in which multimember districts can dilute minority voting strength. After summarizing Washington's intent requirement, Part II surveys the post-Washington vote dilution cases and demonstrates that the applicability of the intent standard to vote dilution claims is uncertain. Part III first suggests two ways in which White and Washington may be reconciled. That section then argues that White is unaffected by the intent requirement because the standard for vote dilution fits within a fundamental interest analysis …


Bradwell V. State: Some Reflections Prompted By Myra Bradwell's Hard Case That Made "Bad Law", Charles E. Corker Feb 1978

Bradwell V. State: Some Reflections Prompted By Myra Bradwell's Hard Case That Made "Bad Law", Charles E. Corker

Washington Law Review

Bradwell and Slaughter-House deserve study together for a second reason. These two decisions provide useful lessons for our time about the Equal Rights Amendment (ERA).10 They demonstrate that the consequences of a constitutional amendment—particularly one written in abstract and grand terms like the fourteenth amendment or the ERA—are unpredictable and dependent upon imponderables such as the sequence of cases on the Court's calendar.


Procedural Due Process And The Rules Of Evidence—Federal Impeachment Of The Voucher Rules—Welcome V. Vincent, 549 F.2d 853 (2d Cir.), Cert. Denied, 97 S. Ct. 2960 (1977), Bruce D. Garrison Feb 1978

Procedural Due Process And The Rules Of Evidence—Federal Impeachment Of The Voucher Rules—Welcome V. Vincent, 549 F.2d 853 (2d Cir.), Cert. Denied, 97 S. Ct. 2960 (1977), Bruce D. Garrison

Washington Law Review

Appellant, Ernest Welcome, was convicted in a New York state supreme court on charges of murdering two real estate brokers in their Bronx office. Before indicting Welcome, the State tried another party, Albert Cunningham, for the same offenses. Cunningham had admitted his participation in the crimes to police, giving an accurate account of the date, time, and location of the shootings. After a separate evidentiary hearing, the state court held that his confession to police had been voluntary and thus was admissible against him. Nevertheless, the charges against Cunningham were dropped in mid-trial. At his trial, Welcome called Cunningham as …


The Demise Of Procedural Protections In Laywitness Identifications In Federal Court: Who Is The Culprit?, John F. Decker, Richard J. Moriarty, Edward Albert Jan 1978

The Demise Of Procedural Protections In Laywitness Identifications In Federal Court: Who Is The Culprit?, John F. Decker, Richard J. Moriarty, Edward Albert

Loyola University Chicago Law Journal

No abstract provided.


Applying Stone V. Powell: Full And Fair Litigation Of A Fourth Amendment Habeas Corpus Claim Jan 1978

Applying Stone V. Powell: Full And Fair Litigation Of A Fourth Amendment Habeas Corpus Claim

Washington and Lee Law Review

No abstract provided.


Spooner V. Askew, 345 So. 2d 1055 (Fla. 1976), Charles A. Johnson Jan 1978

Spooner V. Askew, 345 So. 2d 1055 (Fla. 1976), Charles A. Johnson

Florida State University Law Review

Ad Valorem Taxation- RATIFICATION OF FLORIDA'S AD VALOREM TAX STRUCTURE: REJECTION OF AN EQUAL PROTECTION CHALLENGE.


Village Of Arlington Heights V. Metropolitan Housing Development Corp., 97 S. Ct. 555 (1977), Karen K. Kinkennon Jan 1978

Village Of Arlington Heights V. Metropolitan Housing Development Corp., 97 S. Ct. 555 (1977), Karen K. Kinkennon

Florida State University Law Review

Zoning- DISCRIMINATORY INTENT MUST BE PROVED BEFORE COURTS MAY REACH FOURTEENTH AMENDMENT EQUAL PROTECTION ISSUES.


Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer Jan 1978

Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer

Scholarly Works

No abstract provided.


A Due Process Dilemma: Pretrial Detention In Juvenile Delinquincy Proceedings, 11 J. Marshall J. Of Prac. & Proc. 513 (1978), Peter A. Shamburek Jan 1978

A Due Process Dilemma: Pretrial Detention In Juvenile Delinquincy Proceedings, 11 J. Marshall J. Of Prac. & Proc. 513 (1978), Peter A. Shamburek

UIC Law Review

No abstract provided.


Is The Exclusionary Rule An 'Illogical' Or 'Unnatural' Interpretation Of The Fourth Amendment?, Yale Kamisar Jan 1978

Is The Exclusionary Rule An 'Illogical' Or 'Unnatural' Interpretation Of The Fourth Amendment?, Yale Kamisar

Articles

More than 50 years have passed since the Supreme Court decided the Weeks case, barring the use in federal prosecutions of evidence obtained in violation of the Fourth Amendment, and the Silverthorne case, invoking what has come to be known as the "fruit of the poisonous tree" doctrine. The justices who decided those cases would, I think, be quite surprised to learn that some day the value of the exclusionary rule would be measured by-and the very life of the rule might depend on-an empirical evaluation of its efficacy in deterring police misconduct. These justices were engaged in a less …