Constitutional Law Commons^™

Recent Cases, Law Review Staff

Vanderbilt Law Review

Bar Admissions-The Character Investigation as an Unconstitutional Scheme to Promote Conformity: Comment on "LSCRRC v. Wadmond"

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Civil Rights--Desegregation--HEW is Required to Make a Program-by-Program Finding of Discrimination in Order to Terminate Federal Funds Under Title VI of the Civil Rights Act of 1964

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Constitutional Law--Civil Rights-Section 1985(3) Does Not Reach Private Conspiracies

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Constitutional Law--Criminal Procedure--Sixth Amendment Does Not Require Right to Counsel for In-Custody Suspects at Photographic Identifications

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Constitutional Law--Equal Protection--States May Not Require More Than a Simple Majority to Authorize Local Bond Issues and Tax Levies Through Popular Election

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Constitutional Law--Reapportionment--Multi-Member Districts Which Minimize …

Defendants' Memorandum In Opposition To Motion For Convening Three-Judge Court And Defendants' Memorandum In Support Of Defendants' Answer, City Of Union City, California

Other Cases

No abstract provided.

Constitutional Law—1866 Civil Rights Act Held Constitutional Under The Thirteenth Amendment, Howard E. Fenton

Buffalo Law Review

Jones v. Mayer Co., 392 U.S. 409 (1968).

New Frontiers, Michael E. Tigar

Faculty Scholarship

No abstract provided.

A Constitution For Every Man, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

The Regulation And Administration Of The Welfare Hearing Process – The Need For Administrative Responsibility, Robert E. Scott

Faculty Scholarship

In recent years, the concept of public welfare has undergone substantial conceptual changes, the primary being a shift from the older concept of gratuity to one of statutory entitlement pursuant to the Social Security Act. This paper seeks to examine and analyze the administrative "fair hearing" as a means of effective regulation of administrative discretion and enforcement of the entitlement provisions of the federal act. Primary emphasis is placed on a comparative treatment of state hearing procedures and federal hearing regulations to determine whether the fair hearing is, at present, a viable means of insuring due process in welfare administration.

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

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--When Plaintiff Participates in a Scheme Initiated by Defendant, In Pari Delicto Is No Bar to Recovery

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Civil Rights--Amusement Park Is Covered by Title II of the Civil Rights Act of 1964

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Civil Rights--Desegregation--Freedom-of-Choice Plans Are Not To Be Used When More Effective Means for Desegregation Are Available

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Constitutional Law--Fourteenth Amendment Entitles Defendants Charged with Serious Crimes in State Courts to Trial by Jury

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Constitutional Law-Reapportionment--"One Man, One Vote" Held Applicable to Units of Local Government

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Constitutional Law--Search and Seizure--Police May Conduct Limited Search for Weapons in Course of Field Investigatin Without Probable Cause for …

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.

Constitutional Law--Civil Rights--State Action Under The Fourteenth Amendment, John Charles Lobert

West Virginia Law Review

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

The Effect Of The First Amendment On Federal Control Of Draft Protests, Frederick C. Moss

Villanova Law Review (1956 - )

No abstract provided.

Marijuana And The Law: The Constitutional Challenges To Marijuana Laws In Light Of The Social Aspects Of Marijuana Use, Mark S. Dichter

Villanova Law Review (1956 - )

No abstract provided.

Some Doubts Concerning The Proposal To Elect The President By Direct Popular Vote, Albert J. Rosenthal

Villanova Law Review (1956 - )

No abstract provided.

Commentary, An Ode To Rejection, Aaron Twerski

Faculty Scholarship

No abstract provided.

The Continuing Challenge Of The Fourteenth Amendment, Thurgood Marshall

Georgia Law Review

I HAVE come here to Athens tonight to help you commemorate a great event of the past. This year marks the centennial of an occurrence which has had, and will continue to have, great impact on the people in this room. It was in 1868, on July 28 to be exact, that Secretary of State Seward certified that the fourteenth amendment had been ratified by three-quarters of the states and had become part of the Constitution. This event is not simply an isolated historical landmark for the students of this school. Historically, the ratification of the Civil War Amendments marked …

The Difficult Quest For A Truly Humane Abortion Law, Donald A. Giannella

Villanova Law Review (1956 - )

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Labor Law-Exemption of Union from Antitrust Laws Is Lost When It Imposes Minimum Price Levels on a Member-Employer Acting on their own initiative, the plaintiffs, union member'

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Civil Rights--Desegregation--School Authorities Have Afirmative Duty To Integrate School System Negro children in six Louisiana and three Alabama school systems

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Constitutional Law--Citizenship--Stripping Congress of Its Right To Expatriate

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Constitutional Law--State Constitutional Amendment Guaranteeing Discretion to Seller of Real Estate Violates Fourteenth Amendment

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Criminal Law--The "Mere Evidence" Rule Is Expressly Abolished

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antitrust, civil rights, constitutional law, criminal law

Emerson: Political And Civil Rights In The United States, T. A. Smedley

Michigan Law Review

A Review of Political and Civil Rights in the United States. 3d ed. 2 vols. by Thomas I. Emerson, David Haber, and Norman Dorsen

Racial Discrimination In "Private" Schools, Norman Dorsen

William & Mary Law Review

No abstract provided.

The Dilemma Of The Disobedient: A Solution, John H. Boisblanc

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 …

In Re Gault: Understanding The Attorney's New Role, Glenn C. Equi, James D. Hutchinson, Barney B. Welsh

Villanova Law Review (1956 - )

No abstract provided.

The New York Times Rule: Judicial Overkill, Lewis C. Green

Villanova Law Review (1956 - )

No abstract provided.

Newsmen And The Times Doctrine, Harold L. Nelson

Villanova Law Review (1956 - )

No abstract provided.

Equal Protection For The Illegitimate, Harry D. Krause

Michigan Law Review

In our time the general constitutional phrase promising equal protection has become specific law. It has been used to invalidate many state statutes which discriminated on the basis of race or other arbitrary criteria. Definite rules have been developed for this process of invalidation. These rules will be applied below to state and federal legislation that favors the legitimate child and discriminates against the illegitimate in matters of inheritance rights, rights of support, rights of name and custody, and social welfare. The question that will be asked is whether state and federal legislation may constitutionally discriminate between children on the …

Constitutional Law-State Action: Significant Involvement In Ostensibly Private Discriminations-Mulkey V. Reitman, Michigan Law Review

Michigan Law Review

From 1959 through 1963, the California legislature enacted a series of statutes which prohibited racial discrimination in the sale or rental of housing. Most important among these were the Unruh Civil Rights Act, which proscribed racial discrimination by "business establishments of every kind,'' and the Rumford Fair Housing Act, which prohibited such conduct by anyone in the sale or rental of residential housing containing more than four units. Adverse public reaction to these statutes resulted in an amendment to the California constitution15 by means of an initiative measure in the general election of 1964. This amendment, popularly known as Proposition …

The Press, Privacy, And Public Figures - A Symposium - Introduction, Donald W. Dowd

Villanova Law Review (1956 - )

No abstract provided.

The Right To Know: Fair Comment - Twentieth Century, Arthur B. Hanson

Villanova Law Review (1956 - )

No abstract provided.