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Articles 2881 - 2910 of 3077

Full-Text Articles in Constitutional Law

Constitutional Law—Due Process Requires That Limits Be Placed On Psychiatric Confinement Commensurate With The Procedural Safeguards Employed In Obtaining That Confinement., Christopher B. Ashton Jan 1973

Constitutional Law—Due Process Requires That Limits Be Placed On Psychiatric Confinement Commensurate With The Procedural Safeguards Employed In Obtaining That Confinement., Christopher B. Ashton

Buffalo Law Review

McNeil v. Director, Patuxent Institution, 407 U.S. 245 (1972).


Constitutional Law - Double Jeopardy - State Prosecution Barred After Federal Prosecution For Same Offense - Burden On State To Show Substantially Different Interests From Those Of Initial Prosecuting Jurisdiction, Ronald J. Examitas Jan 1973

Constitutional Law - Double Jeopardy - State Prosecution Barred After Federal Prosecution For Same Offense - Burden On State To Show Substantially Different Interests From Those Of Initial Prosecuting Jurisdiction, Ronald J. Examitas

Villanova Law Review (1956 - )

No abstract provided.


Prisoners' Redress For Deprivation Of A Constitutional Right: Federal Habeas Corpus And The Civil Rights Act., Daniel J. Sheehan Jr. Dec 1972

Prisoners' Redress For Deprivation Of A Constitutional Right: Federal Habeas Corpus And The Civil Rights Act., Daniel J. Sheehan Jr.

St. Mary's Law Journal

Franchises, founder-member contracts, and referral-sales agreements are marketing practices used to expand retail businesses and typically categorized as investment contracts. These marketing schemes continue to leave investors susceptible to fraud and misrepresentation because security regulations may fail to adapt to continuously varying methods in which promoters acquire capital. The Securities Act of 1933, the Securities Exchange Commission of 1934, and the Blue Sky Laws were attempts to regulate marketing schemes by establishing purposefully broad definitions of investment contracts. Securities laws were meant to have a liberal application for the purpose of being flexible and adaptive. In 1946, the landmark case …


1) A Consent To A Search And Seizure Can Be Shown When Words Constituting Consent Are Given After Officers Allege They Have Possession Of A Search Warrant; 2) The Right Of Confrontation Is Not Violated When An Out Of Court Confession Of A Third Person Is Introduced At Trial And Implicates The Accused., Michael L. Vaughn Dec 1972

1) A Consent To A Search And Seizure Can Be Shown When Words Constituting Consent Are Given After Officers Allege They Have Possession Of A Search Warrant; 2) The Right Of Confrontation Is Not Violated When An Out Of Court Confession Of A Third Person Is Introduced At Trial And Implicates The Accused., Michael L. Vaughn

St. Mary's Law Journal

Abstract Forthcoming.


Gagnon V. Scarpelli, Lewis F. Powell Jr. Oct 1972

Gagnon V. Scarpelli, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Orito, Lewis F. Powell Jr. Oct 1972

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

Supreme Court Case Files

No abstract provided.


Paris Adult Theatre I V. Slaton, Lewis F. Powell Jr. Oct 1972

Paris Adult Theatre I V. Slaton, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Almeida-Sanchez V. United States, Lewis F. Powell Jr. Oct 1972

Almeida-Sanchez V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Schneckloth V. Bustamonte, Lewis F. Powell Jr. Oct 1972

Schneckloth V. Bustamonte, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Palmore V. United States, Lewis F. Powell Jr. Oct 1972

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

Supreme Court Case Files

No abstract provided.


United States V. Dionisio, Lewis Powell Jr. Oct 1972

United States V. Dionisio, Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.


Miller V. California, Lewis F. Powell Jr. Aug 1972

Miller V. California, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Grand Jury Witness Has Standing As An Aggrieved Person And May Suppress Evidence Obtained As A Result Of An Illegal Wiretap., Terrence W. Mcdonald Mar 1972

Grand Jury Witness Has Standing As An Aggrieved Person And May Suppress Evidence Obtained As A Result Of An Illegal Wiretap., Terrence W. Mcdonald

St. Mary's Law Journal

Abstract Forthcoming.


Recent Developments, Various Editors Jan 1972

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


Recent Developments, Various Editors Jan 1972

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - Search And Seizure - Fourth Amendment Vagueness - Evidence Excluded When Obtained By Search Incident To Vagrancy Arrest Under Statute Previously Held Void For Vagueness, Allen C. Warshaw Jan 1972

Constitutional Law - Search And Seizure - Fourth Amendment Vagueness - Evidence Excluded When Obtained By Search Incident To Vagrancy Arrest Under Statute Previously Held Void For Vagueness, Allen C. Warshaw

Villanova Law Review (1956 - )

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.


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

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

Supreme Court Case Files

No abstract provided.


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

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

Supreme Court Case Files

No abstract provided.


Shadwick V. Tampa, Lewis F. Powell Jr. Oct 1971

Shadwick V. Tampa, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Apodoca V. Oregon, Lewis F. Powell, Jr. Oct 1971

Apodoca V. Oregon, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Kois V. Wisconsin, Lewis F. Powell Jr. Oct 1971

Kois V. Wisconsin, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Criminal Procedure--Self-Incrimination--Harmless Error--Application Of The Harmless Error Doctrine To Violations Of Miranda: The California Experience, Michigan Law Review Apr 1971

Criminal Procedure--Self-Incrimination--Harmless Error--Application Of The Harmless Error Doctrine To Violations Of Miranda: The California Experience, Michigan Law Review

Michigan Law Review

Using decisions of the appellate courts of California that have applied the federal harmless error rule to violations of Miranda v. Arizona and Escobedo v. Illinois, this Note will examine the logic and effects of the California application. However, the California experience can only be understood by first briefly describing the United States Supreme Court's decisions regarding harmless constitutional error and then showing the approaches taken by other states in their application of the harmless error rule to Miranda violations. Not only will this analysis put the California experience in its proper perspective, but it will also show the …


Criminal Procedure—Constitutional Right To Counsel In Parole Revocation Hearing, Clarence J. Sundram Apr 1971

Criminal Procedure—Constitutional Right To Counsel In Parole Revocation Hearing, Clarence J. Sundram

Buffalo Law Review

People ex rel. Menechino v. Warden, Greenhaven State Prison, 27 N.Y.2d 376, 267 N.E.2d 238, 318 N.Y.S.2d 449 (1971).


Constitutional Law--Double Jeopardy--Collateral Estoppel Is Constitutionally Required In Criminal Cases Because It Is Embodied In The Fifth Amendment Double Jeopardy Clause--Ashe V. Swenson, Michigan Law Review Mar 1971

Constitutional Law--Double Jeopardy--Collateral Estoppel Is Constitutionally Required In Criminal Cases Because It Is Embodied In The Fifth Amendment Double Jeopardy Clause--Ashe V. Swenson, Michigan Law Review

Michigan Law Review

It is, therefore, important in any analysis of the Ashe decision to examine the policies and purposes behind collateral estoppel and double jeopardy and the current effectiveness of the two doctrines in light of these policies and purposes. The policies of the double jeopardy guarantee are well defined in the federal cases. Basically, it is recognized that the state, having at hand many more resources than the average defendant can muster, should not be allowed to make successive attempts to convict an individual for an alleged offense. Successive prosecutions cause the defendant expense and embarrassment and force him to live …


Judicial Problems In Administering Court Appointment Of Counsel For Indigents Mar 1971

Judicial Problems In Administering Court Appointment Of Counsel For Indigents

Washington and Lee Law Review

No abstract provided.


The Right To Counsel At Photographic Identifications Mar 1971

The Right To Counsel At Photographic Identifications

Washington and Lee Law Review

No abstract provided.


The Authorization Of Warrantless Wiretapping By The President In National Security Matters Involving Domestic Dissidents., William F. Mcquillen Mar 1971

The Authorization Of Warrantless Wiretapping By The President In National Security Matters Involving Domestic Dissidents., William F. Mcquillen

St. Mary's Law Journal

Abstract Forthcoming.


Intrusion Into The Body, William G. Eckhardt Jan 1971

Intrusion Into The Body, William G. Eckhardt

Faculty Works

The thesis of this article is that the rights of servicemen should be protected with the search and seizure concepts of the fourth amendment rather than with the fifth amendment protection against self-incrimination when intrusive bodily searches are required. The Supreme Court enunciated standard for intrusion into the body found in Schmerber v. California, 384 U.S. 757 (1966). The subsequent application of this standard in the federal courts, and its adoption in the Manual for Courts-Martial, United States, 1969, (Rev.) are explored. Federal court decisions discussing the privilege against self-incrimination are contrasted with opinions of the Court of Military Appeals …