Law Commons^™

Long Overdue-Process: California And The Lay Judge, Katherine R. Lewis

Kentucky Law Journal

No abstract provided.

Abortion After Roe And Doe: A Proposed Statute, Mark B. Anderson, H. Michael Bennett, Andrew D. Coleman, Peter Weiss, Richard K. Wray (Chairman)

Vanderbilt Law Review

On January 22, 1973, the United States Supreme Court ruled in Roe v. Wade' that the Texas criminal abortion statute, which proscribed all abortions except "for the purpose of saving the life of the mother,' 'violated the constitutional right of privacy. Justice Blackmun, delivering the opinion of the Court, declared that the concepts of personal liberty and restrictions on state action provided by the fourteenth amendment supported a right of privacy "broad enough to encompass a woman's decision whether or not to terminate her pregnancy."' In a companion case, Doe v. Bolton,' the Court noted several impermissible procedural as well …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Black citizens of Tate County, Mississippi, brought suit' seeking rescission of the County Board of Education's sale of a public school to a foundation that used the property to establish a private, segregated academy. Respondent, Tate County Board of Education, had determined that the continued operation of the dilapidated school would be uneconomical and had conveyed the property to a private citizen without knowing the purpose for which the school was to be used. The purchaser later conveyed the property to the Tate County Foundation, which established a private, segregated academy. Petitioners contended that the sale violated the equal protection …

Constitutional Law--The Indigent Defendant Moves One Step Closer To Equality, John W. Oakley

Kentucky Law Journal

No abstract provided.

Sex Discrimination In Employment Under Title Vii Of The Civil Rights Act Of 1964, Anthony R. Mansfield

Vanderbilt Law Review

On July 2, 1964, President Johnson signed into law the Civil Rights Act of 1964,' the most far-reaching civil rights legislation in history.Much has been written about the act, but almost without exception the writers have been concerned with the ban of discrimination in employment on the basis of race or color. But the most radical and troublesome characteristic of Title VII of the Civil Rights Act is its outlawing of employment discrimination based on sex. It is the purpose of this note to examine this largely ignored aspect of the act. The inquiry will first examine the regulation of …

The Waite Court And The Fourteenth Amendment, Howard J. Graham

Vanderbilt Law Review

Underscoring so much while leaving so much unsaid, this book is a powerful plea for post-1937 trends and constructions--not merely in the Supreme Court, but now in Congress. How does the nation, the Court, the Congress, make good a lost century? Chief Justice Waite's triumph--decidedly more modest in my estimation than in Dr. Magrath's--was that he dared, tried, succeeded--at least by half. The country's failure was that it so long did not--has not yet--even by half. Twenty years and three constitutional amendments after emancipation too many of our forebears, including all members of this Court except the former Union colonel …

Constitutional Law--Due Process Of The Fourteenth Amendment--Right To Counsel In Non-Capital State Felony Prosecutions, Marvin Lee Henderson

Kentucky Law Journal

No abstract provided.

Legislative Reapportionment—The Kentucky Legal Context, Robert G. Lawson

Law Faculty Scholarly Articles

In its continuing role as guardian of citizens’ constitutional rights, the Supreme Court in Baker v. Carr unlocked widespread concern for equal representation in state legislatures. Having been suppressed for two decades in which an amazing shift of population has occurred, the question of reapportionment and what to do about it had become one of great importance. In November, 1960, apportionments of 30 state legislatures had been challenged in state and federal courts. In addition, ten cases of an electoral character are presently on the docket of the Supreme Court of the United States.

Apart from the legal implications and …

Recent Constitutional Developments On Eminent Domain, John L. Bowers Jr., J. L. Boren Jr.

Vanderbilt Law Review

Although the provisions of both state and federal law that cruel and unusual punishments shill not be imposed are considered popularly to relate only to those punishments which exist solely in the books, the provisions are not useless today. Recent cases have shown a tendency to expand the scope of the prohibition, especially with regard to excessive punishment, and to incorporate the proscription within the Fourteenth Amendment to the Federal Constitution. As respect, that which likely will be deemed cruel and unusual, little can be done beyond noting those situations in which the limitation has been applied. If a generalization …

Equal Facilities In Legal Education Under The Equal Protection Clause--Epps V. Carmichael, Myer S. Tulkoff

Kentucky Law Journal

No abstract provided.

Pecuniary Interest Of A Justice Of The Peace In Final Trial Of A Misdemeanor In Kentucky--Violation Of The Due Process Clause Of The Fourteenth Amendment, Frank K. Warnock

Kentucky Law Journal

No abstract provided.

Non-Natural Persons And The Guarantee Of "Liberty" Under The Due Process Clause, D. J. Farage

Kentucky Law Journal

No abstract provided.

Constitutional Law--Fourteenth Amendment--Racial Segregation For The Purposes Of Education, John B. Breckinridge

Kentucky Law Journal

No abstract provided.

The Nature Of Succession, James T. Connor

Fordham Law Review

No abstract provided.

The Judicial Veto, Louis A. Warsoff

Kentucky Law Journal

No abstract provided.