Law Commons^™

The Child-Parent Privilege: A Proposal, Susan Levine

Fordham Law Review

No abstract provided.

Memoranda, Etc., For/By Justice Harry Blackmun Re: Smith V. Maryland, Harry Blackmun

Historical and Topical Legal Documents

No abstract provided.

Privacy And Direct Mail Advertising, David P. Ballard

Fordham Law Review

No abstract provided.

The Fourth Amendment In Flux: The Rise And Fall Of Probable Cause, Ronald J. Bacigal

Law Faculty Publications

This article will demonstrate the Supreme Court's inability to develop an objective methodology to derive and apply fourth amendment principles under either the traditional probable cause approach or the balancing approach. A detailed analysis of traditional probable cause will reveal that its premises are ultimately subjectively derived? This examination will also show that returning to traditional probable cause would necessitate resurrecting the unrealistic premise that an individual's privacy interest is always outweighed by the government's interest in searching if the authorities meet a static standard of probable cause. The article will then discuss the advent of the balancing approach and …

Constitutional Law: Expectation Of Privacy Invokes Fourth Amendment Warrant Clause Protection For Search Of Sealed Footlocker: United States V. Chadwick

Nova Law Review

On May 8, 1973, Amtrack officials in San Diego observed Gregory Machado and Bridget Leary loading a brown footlocker onto a Boston-bound train.

Juvenile Privacy: A Minor's Right Of Access To Contraceptives, Victor D'Ammora

Fordham Urban Law Journal

This note traces the historical development of an adult's right to privacy, explore and evaluate the minor's right of access to contraceptives, and focus on parental involvement in a minor's personal decisions regarding abortion and contraceptives.

Electronic Fund Transfers, Branch Banks, And Potential Abuse Of Privacy, Janine Hornicek

Fordham Urban Law Journal

Article discusses electronic fund transfer (EFT) systems which allow consumers to deposit and withdraw money. Article then discusses the legal problems which have resulted from attempts by national banks to use EFT systems in states which do not allow state banks to engage in branch banking, and whether EFT systems are branch banks under applicable federal law.

Wrongful Conception: Who Pays For Bringing Up Baby?, Philip Braverman

Fordham Law Review

No abstract provided.

Accountability Versus Privacy: The Plight Of Institutionalized Emotionally Disturbed Children, Katherine M. Lordi

Fordham Urban Law Journal

This article examines the an individual's right to privacy in relation to the state's interest in a smoothly-functioning system of mental health care for minors and concludes with some general guidelines for institutional accountability. The articles states that in order to balance the right of an institutionalized patient to be free from unwarranted invasions of privacy with the public's demand for transparency and accountability, two tasks must be confronted: (1) the limits of institutional and managerial accountability must be defined; and (2) the public's need to know must be balanced with a respect for the patient's personal privacy and material …

The Psychological Stress Evaluator: Yesterday's Dream - Tomorrow's Nightmare, Deborah Lewis Hiller

Cleveland State Law Review

This note will examine the manner in which the Psychological Stress Evaluator functions and explore the legal implications stemming from its use as a lie detector. More specifically, three issues which arise in connection with the use of the PSE will be discussed: first, the validity and reliability of the PSE; second, the admissibility of PSE test results in evidence; and third, the potential remedies for subjects of PSE tests who have occasion to object.

Recent Treaties, James H. Bloem

Vanderbilt Journal of Transnational Law

To obtain information on the financial dealings of organized crime in Switzerland, the United States must show both probable cause and the absence of a reasonable possibility of conviction without the information. Thus, Switzerland has preserved its prudent and traditional requirement of secrecy with respect to transactions of those who utilize its financial institutions. Because the Treaty was drafted in two different legal environments, conflicts may rise under it. The limitation on use of any disclosed information to investigations or proceedings for which the information originally was granted does not coincide with the United States rule of evidence that allows …

The New York Freedom Of Information Law, Hon. Ralph J. Marino

Fordham Law Review

No abstract provided.

Toward A Rational Land Use Planning: An Interdisciplinary Approach, Allan D. Vestal, Sue T. Reid

Florida State University Law Review

No abstract provided.

Book Notes, Law Review Staff

Vanderbilt Law Review

Book Notes --

The Strength of Government--By McGeorge Bundy Cambridge:Harvard University Press, 1968. Pp. xii, 107. $3.75.

Towards a Global Federalism-- By William 0. Douglas. New York: New York University Press, 1968. Pp. xi, 177, $7.95.

Democracy, Dissent, and Disorder: The Issues and the Law-- By Robert F. Drinan New York: The Seabury Press, 1969. Pp. 152,$4.95.

The End of Obscenity: The Trials of Lady Chatterly, Tropic of Cancer, and Fanny Hill --By Charles Rembar New York: Random House, Inc., 1968. Pp. xii, 528. $8.95.

Justice on Trial-- By A.L. Todd Chicago: The University of Chicago Press, 1964. Pp. ix, …

Torts-Limitations On The Rights Of Privacy-Privilege To Report Matters Of Public Interest, James B. Richardson Jr.

South Carolina Law Review

No abstract provided.

College Searches And Seizures: Privacy And Due Process Problems On Campus, T. J. A.

Georgia Law Review

Elimination of inequities in college search and seizure procedures can assure the student of his fourth amendment rights. To do so, however, will impose concomitant responsibilities which he must be prepared to accept. For example, in criminal proceedings most college students will be categorized as adults. If college administrators must limit their own duties and defer to other governmental agencies for investigation of criminal matters, suspension or expulsion may have less appeal as appropriate punishment for state authorities in possession of criminal evidence. Police officials may be expected to seek more confining penalties. Moreover, the legitimacy of evidence obtained in …

Criminal Law And Procedure - Electronic Eavesdropping - Katz V. United States, 88 S. Ct. 507 (1967)

William & Mary Law Review

No abstract provided.

Privacy And Freedom, Alan F. Westin

Washington and Lee Law Review

No abstract provided.

Privacy In Broadcasting, Eugene N. Aleinikoff

Indiana Law Journal

No abstract provided.

Brief Amicus Curiae, Urging Reversal, On Behalf Of - John J. Russell, Bishop Of Richmond; Lawrence Cardinal Shehan, Archbishop Of Baltimore; Paul A. Hallinan, Archbishop Of Atlanta; Philip M. Hannan, Archbishop Of New Orleans; Robert E. Lucey, Archbishop Of San Antonio; Joseph B. Brunini, Apostolic Administrator Of Natchez-Jackson; Lawrence M. Defalco, Bishop Of Amarillo; Joseph A. Dirick, Apostolic Administrator Of Nashville; Thomas K. Gorman, Bishop Of Dallas-Ft. Worth; Joseph H. Hodges, Bishop Of Wheeling; John L. Morkovsky, Apostolic Administrator Of Galveston-Houston; Victor J. Reed, Bishop Of Oklahoma City And Tulsa; L. J. Reicher, Bishop Of Austin; Thomas Tschoepe, Bishop Of San Angelo; Ernest L. Unterkoefler, Bishop Of Charleston; Vincent S. Waters, Bishop Of Raleigh; The National Catholic Conference For Interracial Justice; And The National Catholic Social Action Conference, William M. Lewers C.S.C, William B. Ball

Court Briefs

No. 395
Richard Perry Loving v. Commonwealth of Virginia

On Appeal from the Supreme Court of Appeals of Virginia

From the Summary Statement of the Case

Appellants, Richard Perry Loving and Mildred Jeter Loving, were convicted on January 6, 1959, in the Circuit Court of Caroline County, Virginia, under an indictment charging that "the said Richard Perry Loving being a White person and the said Mildred Delores Jeter [Loving] being a Colored person, did unlawfully and feloniously go out of the State of Virginia, for the purpose of being married and with the intention of returning to the State of …

Privacy And The First Amendment, Isidore Silver

Fordham Law Review

No abstract provided.

Book Reviews

Fordham Law Review

No abstract provided.

The Constitution And Contempt Of Court, Ronald Goldfarb

Michigan Law Review

Few legal devices find conflict within the lines of our Constitution with the ubiquity of the contempt power. These conflicts involve issues concerning the governmental power structure such as the separation of powers and the delicate balancing of federal-state relations. In addition, there are civil rights issues attributable to the conflict between the use of the contempt power and such vital procedural protections as the right to trial by jury, freedom from self-incrimination, double jeopardy, and indictment-to name only the most recurrent and controversial examples. Aside from these problems, there are other civil liberties issues, such as those involving freedom …

Banking-Disclosure Of Records-The Duty Of A Bank As To Customer Information, Robert B. Wessling S.Ed.

Michigan Law Review

The purpose of this comment, therefore, is to describe the scope of the banker's duty as to customer information as best it can be discerned in light of the increasing exchange of credit information and increasing resort to such information by government agencies-particularly the Internal Revenue Service. In the process, it is hoped that attention will be drawn to the uncertainty which exists in this area, perhaps prompting action by the states or the banks themselves to clarify the scope of the duty and to encourage uniform treatment of customer information in a manner consistent with this duty.

Torts - Privacy - Collection Method, Frederic Brace S.Ed.

Michigan Law Review

Plaintiff disputed the debt which the defendant corporation asserted against her. Defendant made no attempt to recover this asserted debt by legal action but instead sent a letter to the personnel director of plaintiff's employer. This letter stated that plaintiff had refused to cooperate in reaching an amicable settlement and requested the assistance of the personnel director in collecting this "honest debt." Plaintiff was then summoned to the office of her superior and informed that the letter would be placed in her file and remain there until the asserted indebtedness had been settled. Plaintiff sought damages for an invasion of …

Abolition Of The Eavesdropping Exception To The Attorney-Client Privilege

Fordham Law Review

No abstract provided.

Legislation - Federal Criminal Procedure - Modification Of Jencks Decision, Raymond J. Dittrich, Jr. S.Ed.

Michigan Law Review

Defendant was convicted of a violation of 18 U.S.C. §1001. During the trial, the court denied defendant's motion to order the government to produce for defendant's inspection reports submitted by government witnesses to government agents. The reports dealt with the same subject about which these witnesses later testified. The court of appeals affirmed the decision. On certiorari to the United States Supreme Court, held, reversed, one justice dissenting. The government has a privilege to refuse to surrender statements made by its prospective witnesses, but it may claim the privilege only at the expense of a dismissal of its case …

Evidence-Privilege-Right Of Third Person To Assert Privilege As To Accident Report Made Confidential By Statute, Richard W. Young S.Ed.

Michigan Law Review

Plaintiff brought a negligence action for injuries sustained when the automobile in which she was a passenger collided with that operated by the defendant. Defendant questioned a police officer, who had filed the accident report, concerning statements made to him by the driver of the vehicle in which the plaintiff was riding. The trial court permitted this testimony over the plaintiff's objection that these statements were privileged under an Iowa statute purporting to make written accident reports confidential and inadmissible in evidence. On appeal after a verdict was returned in favor of the defendant, held, reversed. The statute can …

Federal Law Of Search And Seizure As An Incident To Lawful Arrest In The Light Of The Case Of Harris V. United States, C.D. Berry, N.C. Frost

Vanderbilt Law Review

The recent widely discussed case of Harris v. United States further complicates that already complex phase of search and seizure which relates to the extent to which officers may search as an incident to a lawful arrest. The Fourth Amendment to the Constitution provides: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon prob-able cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to he seized." It has …

Recent Decisions

Fordham Law Review

No abstract provided.