Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Courts

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 3361 - 3390 of 3555

Full-Text Articles in Constitutional Law

Weinberger V. Wiesenfeld, Lewis F. Powell Jr. Oct 1974

Weinberger V. Wiesenfeld, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Nixon, Lewis F. Powell Jr. Oct 1974

United States V. Nixon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


White V. Regester, Lewis F. Powell Jr. Oct 1974

White V. Regester, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


A Proposed New Judicial Article For West Virginia, Thornton G. Berry Jr. Jun 1974

A Proposed New Judicial Article For West Virginia, Thornton G. Berry Jr.

West Virginia Law Review

No abstract provided.


Federal Courts - Declaratory Judgment - A Federal Court May Grant Declaratory Relief From A State Statute Allegedly Unconstitutional As Applied If State Prosecution Is Threatened, But Not Pending, Rachel Wolkin Jan 1974

Federal Courts - Declaratory Judgment - A Federal Court May Grant Declaratory Relief From A State Statute Allegedly Unconstitutional As Applied If State Prosecution Is Threatened, But Not Pending, Rachel Wolkin

Villanova Law Review (1956 - )

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.


The Use Of In Camera Hearings In Ruling On The Informer Privilege, Ronald E. Levine Jan 1974

The Use Of In Camera Hearings In Ruling On The Informer Privilege, Ronald E. Levine

University of Michigan Journal of Law Reform

The thesis of this article is that most of the problems of defining the scope of the privilege in a particular case are due to the paucity of information available to the trial judge who must rule on the issue. Furthermore, many of the formulas presently used are conceptually and functionally inadequate. Both of these problems can be solved by the use of in camera hearings, for such proceedings not only will provide the trial judge with sufficient information to make a fair and rational decision, but will also alleviate the present necessity to rule only on the basis of …


Abortion: The Court Decides A Non-Case, Joseph O'Meara Jan 1974

Abortion: The Court Decides A Non-Case, Joseph O'Meara

Journal Articles

It took the Supreme Court 105 years to discover that the Fourteenth Amendment guarantees a personal right of privacy that invalidates state statutes forbidding abortion except to save the mother's life. As Mr. Justice Rehnquist pointed out, in a dissent that no member of the Court attempted to answer, at least thirty-six states had such anti-abortion statutes when the Fourteenth Amendment was adopted. None was attacked on the ground that they offended the newly adopted amendment. The only conclusion possible from this history is that the drafters did not intend to have the Fourteenth Amendment withdraw from the States the …


Congressional Authority To Restrict Lower Federal Court Jurisdiction, Theodore Eisenberg Jan 1974

Congressional Authority To Restrict Lower Federal Court Jurisdiction, Theodore Eisenberg

Cornell Law Faculty Publications

Separation of powers in the federal government inevitably generates conflicts among the branches. In recent years the executive branch's authority to impound funds appropriated by Congress and to make war without congressional approval has been questioned. In earlier days debate raged over the Supreme Court's authority to nullify legislation passed by Congress. A recurrent example of this phenomenon has been the struggle between Congress and the judiciary over the scope of congressional control of federal court jurisdiction. The recent controversy over school busing has highlighted this problem. The problem is, however, neither novel nor peculiar to the busing issue. In …


The National Court Of Appeals: A Constitutional "Inferior Court"?, Michigan Law Review Dec 1973

The National Court Of Appeals: A Constitutional "Inferior Court"?, Michigan Law Review

Michigan Law Review

Objections have been raised to the necessity for and the practicality of such a court. These objections are, however, tangential to the subject of this Note and are fully discussed elsewhere. An additional question has been raised regarding the constitutionality of the proposed court. Article III, section 1, of the Constitution provides: "The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." Several commentators have challenged the proposed court as violative of the provision for "one supreme Court." There is, …


Limited Government And Judicial Review, Paul G. Kauper Nov 1973

Limited Government And Judicial Review, Paul G. Kauper

Michigan Law Review

A Book Review of Limited Government and Judicial Review by Durga Das Basu


Bellis V. United States, Lewis F. Powell Jr. Oct 1973

Bellis V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Jimenez V. Weinberger, Lewis F. Powell Jr. Oct 1973

Jimenez V. Weinberger, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Defunis V. Odegaard, Lewis F. Powell Jr. Oct 1973

Defunis V. Odegaard, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Miami Herald Publishing Co. V. Tornillo, Lewis F. Powell Jr. Oct 1973

Miami Herald Publishing Co. V. Tornillo, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Fact Style Adjudication And The Fourth Amendment: The Limits Of Lawyering, Roger B. Dworkin Apr 1973

Fact Style Adjudication And The Fourth Amendment: The Limits Of Lawyering, Roger B. Dworkin

Indiana Law Journal

No abstract provided.


The North Slope Borough, Oil, And The Future Of Local Government In Alaska, David H. Getches Jan 1973

The North Slope Borough, Oil, And The Future Of Local Government In Alaska, David H. Getches

Publications

No abstract provided.


The Abolition Of Self-Help Repossession: The Poor Pay Even More, James J. White Jan 1973

The Abolition Of Self-Help Repossession: The Poor Pay Even More, James J. White

Articles

In this paper I propose to identify possible ways in which a court could uphold the constitutionality of section 9-503 without an explicit rejection of Fuentes v. Shevin. It is my thesis that Fuentes v. Shevin is probably an undesirable outcome, and that the application of the same doctrine to self-help repossession is certainly undesirable and would constitute due process gone berserk. My arguments will not be novel; each has been suggested by the courts that have considered this matter, or by the briefs of the lawyers who have argued these cases. I cannot even claim to have collected the …


Gomez V. Perez, Lewis F. Powell Jr. Oct 1972

Gomez V. Perez, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Sloan V. Lemon, Lewis F. Powell Jr. Oct 1972

Sloan V. Lemon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Cappellitti: Judicial Review In The Contemporary World, Paul G. Kauper Jan 1972

Cappellitti: Judicial Review In The Contemporary World, Paul G. Kauper

Michigan Law Review

A Review of Judicial Review in the Contemporary World by Mauro Cappellitti


Easy Cases, Bad Law, And Burdens Of Proof, Roger B. Dworkin Jan 1972

Easy Cases, Bad Law, And Burdens Of Proof, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.


Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski Jan 1972

Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski

Faculty Scholarship

IN 1946 JUSTICE HUGO BLACK DECLARED that one of the objects of the fourteenth amendment was to apply the Bill of Rights to the States. He was confident that an analysis of the intent of the framers of the amendment would support his assertion. A few years later the Supreme Court requested such an investigation, but when the analysis was made and the results presented to it, the Supreme Court concluded that the framers' intent could not be determined. The uncertainty surrounding the intent of the framers of the fourteenth amendment has had profound implications on the application of that …


Legislative Purpose, Rationality, And Equal Protection, Robert F. Nagel Jan 1972

Legislative Purpose, Rationality, And Equal Protection, Robert F. Nagel

Publications

No abstract provided.


Juvenile Courts--Juveniles In Delinquency Proceedings Are Not Constitutionally Entitled To The Right Of Trial By Jury--Mckeiver V. Pennsylvania, Michigan Law Review Nov 1971

Juvenile Courts--Juveniles In Delinquency Proceedings Are Not Constitutionally Entitled To The Right Of Trial By Jury--Mckeiver V. Pennsylvania, Michigan Law Review

Michigan Law Review

At a hearing in the juvenile court of Philadelphia in October 1968, Joseph McKeiver was declared a "delinquent child" and placed on probation by a juvenile court judge who determined that McKeiver had violated a Pennsylvania law. The juvenile court petition charged McKeiver, then sixteen years old, with robbery, larceny, and receiving stolen goods as the result of an incident in which McKeiver and twenty or thirty other youths took twenty-five cents from three teenagers. Despite the fact that the evidence against McKeiver consisted primarily of the weak and inconsistent testimony of two of the victims, the juvenile court judge, …


Sarno V. Illinois Crime Investigating Commission, Lewis F. Powell Jr. Oct 1971

Sarno V. Illinois Crime Investigating Commission, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


In Matter Of Pappas, Lewis F. Powell Jr. Oct 1971

In Matter Of Pappas, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Branzburg V. Hayes, Lewis F. Powell Jr. Oct 1971

Branzburg V. Hayes, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Caldwell, Lewis F. Powell Jr. Oct 1971

United States V. Caldwell, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Hawkins V. Town Of Shaw: The Court As City Manager, C. Ronald Ellington, Lawrence F. Jones Jul 1971

Hawkins V. Town Of Shaw: The Court As City Manager, C. Ronald Ellington, Lawrence F. Jones

Scholarly Works

For over one hundred years Congress and the federal courts have pursued the goal of racial equality in the United States. In areas such as voting rights, public accommodations, and housing, Congress and the courts have interacted closely, with broad judicial interpretations upholding major remedial legislation. Moreover, when confronted by official state sources of racial discrimination, courts have traditionally responded to the clear command of the equal protection clause of the fourteenth amendment without awaiting congressional action. Brown v. Board of Education stands as perhaps the best known instance in which a court has, on its own, ordered the elimination …