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First Amendment

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Articles 3211 - 3240 of 3422

Full-Text Articles in Constitutional Law

The Role Of Law In Higher Education - An Administrator's View, John H. Vanderzell Jan 1972

The Role Of Law In Higher Education - An Administrator's View, John H. Vanderzell

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - Freedom Of The Press - Newsmen's Privilege - Requiring Newsmen To Testify Before State Or Federal Grand Juries Held Not Violative Of First Amendment, Douglas Paul Coopersmith Jan 1972

Constitutional Law - Freedom Of The Press - Newsmen's Privilege - Requiring Newsmen To Testify Before State Or Federal Grand Juries Held Not Violative Of First Amendment, Douglas Paul Coopersmith

Villanova Law Review (1956 - )

No abstract provided.


Equal Protection- School Financing System Based On Local Property Taxes Held Unconstitutional Jan 1972

Equal Protection- School Financing System Based On Local Property Taxes Held Unconstitutional

University of Richmond Law Review

The fourteenth amendment of the United States Constitution allows unequal protection of the laws, provided such unequal treatment and discrimination bear some rational relationship to a conceivably legitimate state objective. This "rational relationship" test allows the states wide latitude and discretion in enacting legislation. However, where any state statute involves so-called "suspect classifications" or "fundamental interests," the statute will be subjected to a strict scrutiny test, under which the state must establish that there is not only a compelling state interest which justifies the law but also that the distinctions drawn in the statute are necessary to further such interests.


Freedom Of Religion- "There Is No Constitutional Right To Choose To Die Jan 1972

Freedom Of Religion- "There Is No Constitutional Right To Choose To Die

University of Richmond Law Review

The practice of one's religious beliefs has generally been freely allowed in the United States so long as it does not infringe upon the constitutionally protected rights of others. However, in the recent case of John F. Kennedy Memorial Hospital v. Heston, the New Jersey Supreme Court seemingly has modified this principle by justifying the restraint of an individual in the practice of his religious beliefs, not to preserve the constitutional rights of others, but to protect that individual from himself.


Branzburg V. Hayes: A Need For Statutory Protection Of News Sources, Richard E. Anderson Jan 1972

Branzburg V. Hayes: A Need For Statutory Protection Of News Sources, Richard E. Anderson

Kentucky Law Journal

No abstract provided.


American Civil Liberties And Constitutional Change, Donald P. Kommers Jan 1972

American Civil Liberties And Constitutional Change, Donald P. Kommers

Journal Articles

This essay is an attempt to analyze, for the non-American reader especially, some of the factors that affect the condition of civil liberties in the United States. It deals mainly with the U.S. Supreme Court and its effort to define the limits of personal freedom within the framework of the American constitutional system. This effort has been a main preoccupation of the Supreme Court during the last two decades or so as the social conflicts besetting America have taken the form, as they usually do, of constitutional conflicts that the Court must eventually decide. Most of these questions have represented …


The Specific Theory Of Academic Freedom And The General Issue Of Civil Liberty, William W. Van Alstyne Jan 1972

The Specific Theory Of Academic Freedom And The General Issue Of Civil Liberty, William W. Van Alstyne

Faculty Publications

Academic freedom has been blurred in law and in popular usage. Its clarification should enable the Supreme Court to grant it explicit protection under the Constitution as an identifiable subset of First Amendment freedoms. Its identification with the professional endeavors of faculty members, moreover, should reduce the tendency of institutions to intrude upon the aprofessional personal liberties of the faculty even while adequately protecting the extramural professional pursuits of the faculty and assuring them of equal protection in their interests as private citizens. Adjustments of standards by the American Association of University Professors, more definitely distinguishing the special accountability of …


The Role Of Law In Educational Decision Making - A Symposium - Introduction, Donald W. Dowd Jan 1972

The Role Of Law In Educational Decision Making - A Symposium - Introduction, Donald W. Dowd

Villanova Law Review (1956 - )

No abstract provided.


Student Discipline In Public Schools Under The Constitution, William D. Valente Jan 1972

Student Discipline In Public Schools Under The Constitution, William D. Valente

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - Clear And Present Danger Test Applied To Overbroad Unlawful Assembly Statute. Owens V. Commonwealth, 211 Va. 633, 179 S.E.2d 477 (1971), Michael A. Inman Oct 1971

Constitutional Law - Clear And Present Danger Test Applied To Overbroad Unlawful Assembly Statute. Owens V. Commonwealth, 211 Va. 633, 179 S.E.2d 477 (1971), Michael A. Inman

William & Mary Law Review

No abstract provided.


Constitutional Law--Disclosure Of Journalist's Confidential News Sources, Roger D. Graham Sep 1971

Constitutional Law--Disclosure Of Journalist's Confidential News Sources, Roger D. Graham

West Virginia Law Review

No abstract provided.


Conscientious Objection: The Constitutional Questions, Howard R. Lurie May 1971

Conscientious Objection: The Constitutional Questions, Howard R. Lurie

West Virginia Law Review

No abstract provided.


Constitutional Law--Flag Desecration As Symbolic Speech, Robert R. Skinner May 1971

Constitutional Law--Flag Desecration As Symbolic Speech, Robert R. Skinner

West Virginia Law Review

No abstract provided.


The Principle Of Nondivisiveness And The Constitutionality Of Public Aid To Parochial Schools, C. Ronald Ellington Apr 1971

The Principle Of Nondivisiveness And The Constitutionality Of Public Aid To Parochial Schools, C. Ronald Ellington

Scholarly Works

The establishment clause issues in the three cases now before the Supreme Court [Tilton v. Richardson, Lemon v. Kurtzman, DiCenso v. Robinison] will be explored in this article in the light of a postulate and three derivative maxims which, it is suggested, are implicit in the Court's earlier religion clause cases, particularly Walz v. Tax Commission. It is the author's view that the establishment clause intends that government no be a divisive force in matters of religion and that analysis grounded in such a premise provides the surest delineation of the interests at stake in …


Due Process Of Law--Welfare Recipient's Right To Pre-Termination Hearing, Michael A. Albert Feb 1971

Due Process Of Law--Welfare Recipient's Right To Pre-Termination Hearing, Michael A. Albert

West Virginia Law Review

No abstract provided.


The Legal Controversy As It Relates To Correctional Institutions - A Prison Administrator's View, Joseph R. Brierley Jan 1971

The Legal Controversy As It Relates To Correctional Institutions - A Prison Administrator's View, Joseph R. Brierley

Villanova Law Review (1956 - )

No abstract provided.


Prisoners' Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation, Joseph R. Brierley, Victor Rabinowitz, Edmund B. Spaeth Jr., James D. Crawford Jan 1971

Prisoners' Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation, Joseph R. Brierley, Victor Rabinowitz, Edmund B. Spaeth Jr., James D. Crawford

Villanova Law Review (1956 - )

No abstract provided.


Obscenity, 1971: The Rejuvination Of State Power And The Return To Roth, Dwight L. Teeter Jr., Don R. Pember Jan 1971

Obscenity, 1971: The Rejuvination Of State Power And The Return To Roth, Dwight L. Teeter Jr., Don R. Pember

Villanova Law Review (1956 - )

No abstract provided.


Further Limits On Libel Actions - Extension Of The New York Times Rule To Libels Arising From Discussion Of Public Issues, W. H. Flamm Jr. Jan 1971

Further Limits On Libel Actions - Extension Of The New York Times Rule To Libels Arising From Discussion Of Public Issues, W. H. Flamm Jr.

Villanova Law Review (1956 - )

No abstract provided.


Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd Jan 1971

Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd

Villanova Law Review (1956 - )

No abstract provided.


Prison Reform In The Future - The Trend Toward Expansion Of Prisoners' Rights, Monrad G. Paulsen Jan 1971

Prison Reform In The Future - The Trend Toward Expansion Of Prisoners' Rights, Monrad G. Paulsen

Villanova Law Review (1956 - )

No abstract provided.


The Courts' Responsibility For Prison Reform, Edmund B. Spaeth Jr. Jan 1971

The Courts' Responsibility For Prison Reform, Edmund B. Spaeth Jr.

Villanova Law Review (1956 - )

No abstract provided.


Prisoners' Rights - A Prosecutor's View, James D. Crawford Jan 1971

Prisoners' Rights - A Prosecutor's View, James D. Crawford

Villanova Law Review (1956 - )

No abstract provided.


The Expansion Of Prisoners' Rights, Victor Rabinowitz Jan 1971

The Expansion Of Prisoners' Rights, Victor Rabinowitz

Villanova Law Review (1956 - )

No abstract provided.


The Correctional Institution As A Rehabilitation Center - A Former Inmate's View, Victor Taylor Jan 1971

The Correctional Institution As A Rehabilitation Center - A Former Inmate's View, Victor Taylor

Villanova Law Review (1956 - )

No abstract provided.


What Is "Right" About America, Lewis F. Powell Jr. Apr 1970

What Is "Right" About America, Lewis F. Powell Jr.

Powell Speeches

Powell gave this speech at the Leadership Banquet of the Key Club of Thomas Jefferson High School, Richmond, Virginia.


Social Security And The Plain People, Paul C. Cline Apr 1970

Social Security And The Plain People, Paul C. Cline

West Virginia Law Review

No abstract provided.


The Warren Court: Completion Of A Constitutional Revolution, William F. Swindler Mar 1970

The Warren Court: Completion Of A Constitutional Revolution, William F. Swindler

Vanderbilt Law Review

In the final weeks of its sixteen year history, the subject matter of the Warren Court's opinions ranged over most of the major constitutional issues with which it had concerned itself since 1953, and out of which it developed the seminal decisions for which it will be remembered. For example, it upheld an Alabama desegregation plan which provided for proportional racial representation on public school faculties,' and found a snack bar in a privately owned recreational facility to be within the "public accomodations" definition of the Civil Rights Act of 1964. It rejected a North Carolina county's request to reinstate …


Constitutional Law--Freedom Of Expression, Charles Blaine Myers Jr. Feb 1970

Constitutional Law--Freedom Of Expression, Charles Blaine Myers Jr.

West Virginia Law Review

No abstract provided.


Constitutional Law - Libel - New York Times Rule Extended To Statements Made About Matters Of Public Concern, Stanley J. Davidson Jan 1970

Constitutional Law - Libel - New York Times Rule Extended To Statements Made About Matters Of Public Concern, Stanley J. Davidson

Loyola University Chicago Law Journal

No abstract provided.