Law Commons^™

Schwartz: Rights Of The Person, Hans A. Linde

Michigan Law Review

A Review of Rights of the Person by Bernard Schwartz

Mary Beth Tinker Takes The Constitution To School, Theodore F. Denno

Fordham Law Review

No abstract provided.

Comment On Powell V. Mccormack, Terrance Sandalow

Articles

The rapid pace of constitutional change during the past decade has blunted our capacity for surprise at Supreme Court decisions. Nevertheless, Powell v. McCormack is a surprising decision. Avoidance of politically explosive controversies was not one of the most notable characteristics of the Warren Court. And yet, it is one thing for the Court to do battle with the Congress in the service of important practical ends or when the necessity of doing so is thrust upon it by the need to discharge its traditional responsibilities. It is quite another to tilt at windmills, especially at a time when the …

Dietze: America's Political Dilemma, Paul G. Kauper

Michigan Law Review

A Review of America's Political Dilemma by Gottfried Dietze

The Constitution, Congress, And Presidential Elections, Albert J. Rosenthal

Michigan Law Review

It has been recommended by a prestigious commission of the American Bar Association and endorsed by the ABA's House of Delegates. The Bar Association of the City of New York, which had previously recommended a different proposed amendment, has now shifted its support to direct popular vote, as has Senator Birch Bayh, Chairman of the Subcommittee on Constitutional Amendments of the Senate Committee on the Judiciary. A Gallup poll indicates that 66 per cent of the nation supports this amendment, with only 19 per cent opposed.

It must be remembered, however, that a decision to amend the Constitution is, as …

Civil Rights, The Constitution And The Courts, By Archibald Cox, Mark Dewolfe Howe, And J.R. Wiggins, Winton D. Woods

Indiana Law Journal

No abstract provided.

The Right To Counsel And The Role Of Counsel In Juvenile Court Proceedings, Daniel L. Skoler

Indiana Law Journal

Symposium on Juvenile Problems: In re Gault

Constitutional Law--Commerce Clause--1966 Amendments To Fair Labor Standards Act Extending Coverage To Employees In State-Operated Schools, Hospitals, And Related Institutions Held Constitutional--Maryland V. Wirtz, Michigan Law Review

Michigan Law Review

In 1966, Congress amended the Fair Labor Standards Act (FLSA) and for the first time extended the coverage of the minimum wage and overtime provisions to employees in state-operated schools, hospitals, and related institutions. The State of Maryland, joined by twenty-seven other states, brought an action to enjoin enforcement of the amendments insofar as they applied to these state-operated facilities and sought a declaratory judgment ruling the amendments unconstitutional. The states asserted that the amendments were unconstitutional in two respects. First, they contended that the "enterprise" concept of FLSA coverage, which extended the Act to cover all employees of an …

Separation Of Powers In The Australian Constitution, John M. Finnis

Journal Articles

Even those who regret it accept that the founders of the Australian Constitution "beyond question" intended the separation of powers now required by the Boilermakers' Case . This article seeks first to show that the arguments advanced to prove the alleged intention are no more probative -than the draftsman's literary arrangement which has prompted the accepted view of constitutional history; and second, to discuss the proper strategy of approach to the historical record on these matters.

Right To Counsel In Criminal Tax Investigations, Norvie L. Lay

Indiana Law Journal

No abstract provided.

1787: The Grand Convention, By Clinton Rossiter

Washington and Lee Law Review

No abstract provided.

Separation Of Powers: The Phenomenon Of Legislative Courts, Edwin H. Greenebaum, W. Willard Wirtz

Indiana Law Journal

No abstract provided.

Report Of The Special Committee On The Constitutional Convention: Selection Of Judges, The Association Of The Bar Of The City Of New York

Mario Diaz Cruz Pamphlets

Note: The report is being submitted to the membership to stimulate and invite comments and suggestions. Neither the Executive Committee of the Association nor the Association as a whole has considered the merits of or approved the report or recommendations of the Special Committee.

Interrogation Of Criminal Defendants—Some Views On Miranda V. Arizona

Fordham Law Review

The decision in Miranda v. Arizona is another of the United States Supreme Court's major efforts directed at the protection of individual liberties. The tremendous controversy engendered by the decision prompted the Editorial Board to invite a number of scholars to express their views on the case. These remarks follow a digest of the opinion of the Court.

The Constitutional Rights Of Privacy - "A Sizable Hunk Of Liberty", Frank R. Goldstein

Maryland Law Review

No abstract provided.

Attacks On The Constitution, Violence, And The Necessity Of Disobedience, Morris D. Forkosch

Fordham Law Review

No abstract provided.

Discovery In Federal Criminal Cases—Rule 16 And The Privilege Against Self-Incrimination

Fordham Law Review

No abstract provided.

Case Notes

Fordham Law Review

No abstract provided.

Elfbrandt V. Russell: The Demise Of The Loyalty Oath, Jerold H. Israel

Articles

In Elfbrandt v. Russell, the Supreme Court, in a 5-to-4 decision, declared unconstitutional Arizona's requirement of a loyalty oath from state employees. At first glance, Elfbrandt appears to be just another decision voiding a state loyalty oath on limited grounds relating to the specific language of the particular oath. Yet, several aspects of Mr. Justice Douglas' opinion for the majority suggest that Elfbrandt is really of far greater significance: it may sharply limit the scope and coverage of loyalty oaths generally and, indeed, may presage a ruling invalidating all such oaths. Of course, only the Supreme Court can determine this. …

Proposed Amendment On Presidential Inability And Vice-Presidential Vacancy, John D. Feerick

Twenty-Fifth Amendment Articles

In 1965, Congress submitted to the states a constitutional amendment to remedy a glaring flaw in the Constitution: the absence of comprehensive procedures for presidential succession and inability and vice-presidential vacancy. This Article, written shortly after Congress proposed the Twenty-Fifth Amendment, sets forth the text of the proposed amendment and explains the thinking of it sponsors.

Presidential Succession And Inability, Committee For Economic Development. Research And Policy Committee

Reports

Publication argues for the ratification of the Twenty-Fifth Amendment. Includes dissenting opinions.

Presidential Inability And Vice Presidential Vacany: With Questions And Answers, American Bar Association, John D. Feerick

Miscellanea

Pamphlet distributed at ABA luncheon in May 1964 at which former President Eisenhower expressed his position on the proposed Twenty-Fifth Amendment. The pamphlet subsequently was distributed to lawyers across the country. Dean John Feerick assisted in the drafting.

The Constitutional Right Of Association, Charles E. Rice

Journal Articles

It has been accurately observed that we are a nation of joiners. Alexis de Tocqueville, as early as 1835, concluded that "in no country in the world has the principle of association been more successfully used, or more unsparingly applied to a multitude of different objects, than in America." Tocqueville noted the ubiquitous character of American voluntary associations.

In 1958, the Supreme Court of the United States affirmed, for the first time in unmistakable terms, the status of freedom of association as a fundamental right.

The occasion for this affirmation was an attempt by the State of Alabama to oust …

Book Reviews, Ronan E. Degnan, Jerold Israel, Robert F. Drinan S.J.

Vanderbilt Law Review

Cases and Materials on Debtor and Creditor

By Vern Countryman

Boston: Little, Brown & Co., 1964. Pp. lxiii, 841. $12.50.

reviewer: Ronan E. Degnan

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The Supreme Court on Trial

By Charles S. Hyneman

New York: Atherton Press, 1963. Pp. IX, 308. $6.50.

reviewer: Jerold Israel

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Religion and American Constitutions (1963 Rosenthal Lectures)

By Wilbur G. Katz

Northwestern University Press 1964. Pp. 114. $3.50.

reviewer: Rev. Robert F. Drinan, S.J.

The Powers Of The Michigan Civil Rights Commission, Roger C. Cramton

Michigan Law Review

The thesis of this article is that the Attorney General has misread the language and actions of the constitution-makers. The Michigan Civil Rights Commission is an important and powerful agency of government which has substantial tasks to perform. But it does not possess the exclusive powers envisioned by the Attorney General. Other governmental units-the legislature, the executive, the courts, and the local governments-may continue to play a creative and positive role in fashioning a legal order that accords to every human being in society a reasonable opportunity to realize his potentialities.

Religion And American Constitutions, By Wilber G. Katz, Arthur E. Sutherland

Indiana Law Journal

No abstract provided.

Robert F. Kennedy To John D. Feerick, Robert F. Kennedy

Correspondence

Letter from Attorney General Robert F. Kennedy to John D. Feerick, thanking him for his scholarly article.

John D. Feerick To The New York Times, John D. Feerick

Correspondence

Letter from John D. Feerick to the New York Times. Feerick advocates for the need for a constitutional amendment to resolve the issue of presidential inability and succession.

Nicholas Deb. Katzenbach To John D. Feerick, Nicholas Deb. Katzenbach

Correspondence

Letter from Deputy Attorney General Nicholas deB. Katzenbach to John Feerick, regarding his article on the vice presidency and presidential inability and succession.

Arthur C. Perry To John D. Feerick, Arthur C. Perry

Correspondence

Letter from Arthur C. Perry, Assistant to the President, to John D. Feerick, extending the thanks of President Johnson to Feerick for his scholarly article.