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Articles 1 - 12 of 12

Full-Text Articles in Law

The Less Restrictive Alternative In Constitutional Adjudication: An Analysis, A Justification, And Some Criteria, Robert M. Bastress, Jr. Oct 1974

The Less Restrictive Alternative In Constitutional Adjudication: An Analysis, A Justification, And Some Criteria, Robert M. Bastress, Jr.

Vanderbilt Law Review

The past two decades have witnessed enormous changes in both substantive constitutional law and the courts' approach to constitutional questions. The frequent application of the doctrine of less restrictive alternatives has been a factor of increasingly significant proportions in effecting these changes. Although the doctrine has long been part of our jurisprudence,' it did not begin to have a serious impact until the Warren Court years, and, despite its widely diversified use today, the concept is almost always applied without discussion. Succinctly and broadly stated, the doctrine requires that a state not employ a specific means to accomplish an admittedly …


Security Council Resolutions In United States Courts, Janis P. Bianchi Oct 1974

Security Council Resolutions In United States Courts, Janis P. Bianchi

Indiana Law Journal

No abstract provided.


Yonge V. Askew, 293 So. 2d 395 (Fla. 1st Dist. Ct. App. 1974), Florida State University Law Review Oct 1974

Yonge V. Askew, 293 So. 2d 395 (Fla. 1st Dist. Ct. App. 1974), Florida State University Law Review

Florida State University Law Review

Administrative Law- JUDICIAL REVIEW- REPORTS OF STATE AGENCIES CONSTITUTE COMPETENT SUBSTANTIAL EVIDENCE TO SUPPORT DENIAL OF DREDGE AND FILL PERMIT APPLICATION EVEN THOUGH REPORTING AGENCY HAS NO JURISDICTION OVER PROPOSED PROJECT.


Some Random Thoughts On Judicial Restraint*, H. E. Widener, Jr. Sep 1974

Some Random Thoughts On Judicial Restraint*, H. E. Widener, Jr.

Washington and Lee Law Review

No abstract provided.


The Reconciliation Of Land Use Laws And The Right To Travel: Toward A Realistic Standard Of Judicial Review Sep 1974

The Reconciliation Of Land Use Laws And The Right To Travel: Toward A Realistic Standard Of Judicial Review

Washington and Lee Law Review

No abstract provided.


State V. Douglas: Judicial "Revival" Of An Unconstitutional Statute, Mark Graham Aug 1974

State V. Douglas: Judicial "Revival" Of An Unconstitutional Statute, Mark Graham

Louisiana Law Review

No abstract provided.


Legal Inadequacies And Doctrinal Restraints In Controlling The Military, Edward F. Sherman Jul 1974

Legal Inadequacies And Doctrinal Restraints In Controlling The Military, Edward F. Sherman

Indiana Law Journal

SYMPOSIUM:

The Military After Vietnam: The Search for Legal Controls


"Time Of War" And The War Powers Resolution, Terry Moorehead Dworkin Apr 1974

"Time Of War" And The War Powers Resolution, Terry Moorehead Dworkin

Indiana Law Journal

No abstract provided.


Judicial Review In Latin America, Keith S. Rosenn Jan 1974

Judicial Review In Latin America, Keith S. Rosenn

Articles

No abstract provided.


Election Inspectors Have Judicially Reviewable Discretionary Authority To Determine The Validity Of Proxies (Casenote), George Lee Flint Jr Jan 1974

Election Inspectors Have Judicially Reviewable Discretionary Authority To Determine The Validity Of Proxies (Casenote), George Lee Flint Jr

Faculty Articles

The Salgo court held that an election inspector, in a corporate proxy vote, was empowered with discretion to determine the validity of votes through a review of the transfer books. This decision marked a change from the standard course of American cases, which previously confined the inspector’s ability to a strict ministerial duty. An inspector’s discretion to review votes was limited under this interpretation. By limiting his inquiry to the transfer books, Salgo allowed the inspector to determine the validity of votes, but not who could vote.

Although the court did not apply the broader view of granting the inspector …


Indian Wills: Tooahnippah V. Hickle--Administrative And Judicial Review, Randall Elliott Jan 1974

Indian Wills: Tooahnippah V. Hickle--Administrative And Judicial Review, Randall Elliott

American Indian Law Review

No abstract provided.


A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne Jan 1974

A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne

Faculty Scholarship

This comparison of United States v. Nixon and the Pentagon Papers case finds the greatest similarity and significance shared by the two cases was the anti-climactic nature of their conclusions. While both cases concerned constitutional questions of the highest order, centered around the scope of the executive power, both cases were drawn on such narrow grounds that there was hardly any effect on constitutional law doctrine.