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Articles 3271 - 3300 of 3422

Full-Text Articles in Constitutional Law

Constitutional Law - Civil Liberties, Adderley V. Florida, 87 S.Ct. 242 (1966), Glenn J. Sedam Jr. Mar 1967

Constitutional Law - Civil Liberties, Adderley V. Florida, 87 S.Ct. 242 (1966), Glenn J. Sedam Jr.

William & Mary Law Review

No abstract provided.


Constitutional Law--Fair Trial And Free Press--Resolution Of A Conflict, Jack William Debolt Feb 1967

Constitutional Law--Fair Trial And Free Press--Resolution Of A Conflict, Jack William Debolt

West Virginia Law Review

No abstract provided.


The Development Of The Right Of Assembly: A Current Socio-Legal Investigation, George P. Smith Ii Jan 1967

The Development Of The Right Of Assembly: A Current Socio-Legal Investigation, George P. Smith Ii

Scholarly Articles

It will be the purpose of this article to assay the historical evolution of the freedom of assembly, noting first its development in England and later in America and finally its current position in the twentieth century. Even though the rights of free speech, association, and religion are inescapably drawn into case discussions of freedom of assembly, effort will be made to confine the consideration to the pertinent assembly problems. In addition to considering the fundamental legal propositions embodied in this right, as well as its raison d'etre, thought and discussion will be given to the sociological interpretations of the …


The New York Times Rule: Judicial Overkill, Lewis C. Green Jan 1967

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

Villanova Law Review (1956 - )

No abstract provided.


Unauthorized Practice Of Law-Union Program Of Hiring Attorneys Is Unauthorized Practice Of Law--Illinois State Bar Ass'n V. United Mine Workers Of America, Michigan Law Review Jan 1967

Unauthorized Practice Of Law-Union Program Of Hiring Attorneys Is Unauthorized Practice Of Law--Illinois State Bar Ass'n V. United Mine Workers Of America, Michigan Law Review

Michigan Law Review

District 12 of the United Mine Workers (UMW) employed an attorney on a salary basis to prosecute members' claims under the Workmen's Compensation Act. Members were free to employ other counsel, but if they sought help from the union lawyer, the union agreed not to interfere with the attorney-client relationship. The attorney prepared his case from filed reports of the accidents, and, generally, his first contact with the union member was when they appeared before the Commission. Since the attorney was compensated by the union, the entire amount received in award or settlement went to the member. The Illinois Bar …


Newsmen And The Times Doctrine, Harold L. Nelson Jan 1967

Newsmen And The Times Doctrine, Harold L. Nelson

Villanova Law Review (1956 - )

No abstract provided.


The Right To Know: Fair Comment - Twentieth Century, Arthur B. Hanson Jan 1967

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

Villanova Law Review (1956 - )

No abstract provided.


Attorneys--Self-Incrimination--The Attorney's Privilege Against Self-Incrimination In A Disbarment Proceeding, Michigan Law Review Dec 1966

Attorneys--Self-Incrimination--The Attorney's Privilege Against Self-Incrimination In A Disbarment Proceeding, Michigan Law Review

Michigan Law Review

A state court has jurisdiction to deal with the alleged misconduct of attorneys practicing before it either explicitly by statute or by ' virtue of its power to control the conduct of its own affairs. Indeed, it can suspend or disbar an attorney who fails to maintain the standard of conduct established for members of the legal profession. One aspect of such a standard is that an attorney is bound not to obstruct the administration of justice, a duty which imposes upon him an affirmative obligation to cooperate with the courts. The question frequently arises whether, in order to satisfy …


The Roth Test And Its Corollaries, Bradford Coupe Oct 1966

The Roth Test And Its Corollaries, Bradford Coupe

William & Mary Law Review

No abstract provided.


Constitutional And Related Public Law Issues In The 1965 Term Of The Supreme Court Oct 1966

Constitutional And Related Public Law Issues In The 1965 Term Of The Supreme Court

William & Mary Law Review

No abstract provided.


The First Amendment And The Suppression Of Warmongering Propaganda In The United States: Comments And Footnotes, William W. Van Alstyne Jul 1966

The First Amendment And The Suppression Of Warmongering Propaganda In The United States: Comments And Footnotes, William W. Van Alstyne

Faculty Publications

In an attempt to determine how the First Amendment may protect speakers’ rights to make inflammatory statements calling for violence against a sovereign, this article breaks down this larger question into three categories based on the speaker: the government, foreigners abroad, or American citizens.


Developments In The Law Of Libel: Impact Of The New York Times Rules, Arthur B. Hanson May 1966

Developments In The Law Of Libel: Impact Of The New York Times Rules, Arthur B. Hanson

William & Mary Law Review

No abstract provided.


The North Carolina Speaker Ban Law: A Study In Context, William Bondurant, Richard Gift, Louise Nelson, Brown Patterson, Philip Secor, Locke White Jan 1966

The North Carolina Speaker Ban Law: A Study In Context, William Bondurant, Richard Gift, Louise Nelson, Brown Patterson, Philip Secor, Locke White

Kentucky Law Journal

No abstract provided.


Note On Elfbrandt V. Russell And Loyalty Oaths, Jethro K. Lieberman Jan 1966

Note On Elfbrandt V. Russell And Loyalty Oaths, Jethro K. Lieberman

Articles & Chapters

No abstract provided.


Authorization Of Involuntary Blood Transfusion For Adult Jehovah's Witness Held Unconstitutional--In Re Brooks' Estate, Michigan Law Review Jan 1966

Authorization Of Involuntary Blood Transfusion For Adult Jehovah's Witness Held Unconstitutional--In Re Brooks' Estate, Michigan Law Review

Michigan Law Review

Despite serious illness, plaintiff requested, in accordance with her religious beliefs as a Jehovah's Witness, that blood transfusions not be administered to her. Upon the request of her physician and several assistant state's attorneys, a court-appointed guardian was authorized to consent to a blood transfusion for the plaintiff, and a transfusion was administered. On appeal of the court's action to the Supreme Court of Illinois, held, order reversed. The authorization of a blood transfusion for an adult Jehovah's Witness who has only adult children is an unconstitutional interference with the patient's right to the free exercise of her religion.


The Griswold Penumbra: Constitutional Charter For An Expanded Law Of Privacy?, Robert G. Dixon Jr. Dec 1965

The Griswold Penumbra: Constitutional Charter For An Expanded Law Of Privacy?, Robert G. Dixon Jr.

Michigan Law Review

The comments that follow are divided into a brief review, for purposes of perspective, of the elusive nature of "privacy" as developed in American law to date, and an attempted rigorous analysis of the privacy aspects of Griswold. A final section suggests that effectuation of the new constitutional right of marital privacy necessarily or derivatively implies a corollary right of access to birth control information and devices-a right which should have been more clearly articulated by the Court.


Nine Justices In Search Of A Doctrine, Thomas I. Emerson Dec 1965

Nine Justices In Search Of A Doctrine, Thomas I. Emerson

Michigan Law Review

To the ordinary layman, Griswold v. Connecticut seemed easy. But to the lawyer it was somewhat more difficult. The lawyer's problem with the case was that the issues did not readily fit into any existing legal pigeonhole. Actually, there were five possibilities. The case could have been dealt with under the equal protection clause, the first amendment, substantive due process, the right of privacy, or, in extremis, the ninth amendment. In order to strike down the statute under any of these doctrines, however, the Court would be forced to enter uncharted waters. Whatever course the Court took, its action …


Penumbras, Peripheries, Emanations, Things Fundamental And Things Forgotten: The Griswold Case, Paul G. Kauper Dec 1965

Penumbras, Peripheries, Emanations, Things Fundamental And Things Forgotten: The Griswold Case, Paul G. Kauper

Michigan Law Review

The varying theories followed in the several opinions in the Griswold case can be fully understood and appreciated only in the context of the tortuous but fascinating history of the judicial interpretation of the fourteenth amendment.


The Right Of Privacy: Emanations And Intimations, Robert B. Mckay Dec 1965

The Right Of Privacy: Emanations And Intimations, Robert B. Mckay

Michigan Law Review

When Louis Brandeis and Samuel Warren wrote in 1890 of "The Right to Privacy," they sought a means of protecting against unwelcome newspaper attention to social activities in the Warren household. Addressing their argument to the private law of torts, they presumably did not anticipate constitutional protection for other rights under the claim of privacy. Nevertheless, seventy· five years later that concept, now called the "right of privacy," was used by the Supreme Court of the United States in Griswold v. Connecticut to describe a constitutional right. Some members of the Court said the new right was within the "penumbra" …


Privacy In Connecticut, Arthur E. Sutherland Dec 1965

Privacy In Connecticut, Arthur E. Sutherland

Michigan Law Review

Occasionally a judgment of our Supreme Court, delivered in a superficially petty case, suddenly before our startled eyes displays fundamentals of our constitutional theory. Thus, in Griswold v. Connecticut, holding unconstitutional an 1879 Connecticut statute forbidding all persons to use contraceptive devices, the Court found it necessary to discover a "right of privacy" latent in the Bill of Rights and incorporated into the due process clause of the fourteenth amendment. The outcome of the case is satisfying; all nine Justices joined in saying, in one way or another, that Connecticut's statute was nonsense. I am happy to see this …


Constitutional Law--Freedom Of Religion And The Police Power, Hazel Armenta Straub Dec 1965

Constitutional Law--Freedom Of Religion And The Police Power, Hazel Armenta Straub

West Virginia Law Review

No abstract provided.


Predicting Court Cases Quantitatively, Stuart Nagel Jun 1965

Predicting Court Cases Quantitatively, Stuart Nagel

Michigan Law Review

This article illustrates and systematically compares three methods for quantitatively predicting case outcomes. The three methods are correlation, regression, and discriminant analysis, all of which involve standard social science research techniques. Two prior articles have generated requests for a study dealing with the problems involved in handling a larger number of cases and predictive variables. The present article is also designed to provide such a study. It does not presuppose that the reader has read the earlier articles, although such a reading might help to clarify further some of the points made here. The cases used to illustrate the methods …


Ftc May Determine Whether Advertisements Containing Therapeutic Claims In Promotion Of Health Books Are Deceptive- Rodale Press, Inc., Michigan Law Review Jun 1965

Ftc May Determine Whether Advertisements Containing Therapeutic Claims In Promotion Of Health Books Are Deceptive- Rodale Press, Inc., Michigan Law Review

Michigan Law Review

Rodale Press advertised that the ideas and suggestions in its publication, The Health Finder, would increase life span, prevent various diseases, and permit savings on medical and dental expenses. The Federal Trade Commission challenged the advertising claims, which were substantially restatements of claims made in the book, on the ground that adherence to the book's suggestions would not effect the promised results. The hearing examiner denied Rodale's motion to dismiss the complaint. On request for permission to file an interlocutory appeal from the dismissal, held, request denied, one commissioner dissenting. The Commission may challenge the collateral claims in …


Group Legal Services And The Right Of Association, Michigan Law Review Apr 1965

Group Legal Services And The Right Of Association, Michigan Law Review

Michigan Law Review

The United States Supreme Court has recently curtailed the reach of state statutes that prohibit solicitation of legal business. In two unprecedented opinions the Court has held that the soliciting activities of lay organizations fall within the protection of the right of association.


Ernst & Schwartz: Censorship: The Search For The Obscene, Erwin B. Ellmann Jan 1965

Ernst & Schwartz: Censorship: The Search For The Obscene, Erwin B. Ellmann

Michigan Law Review

A Review of Censorship: The Search for the Obscene By Morris L. Ernst and Alan U. Schwartz


Giannella: Religion And The Public Order, Rev. Robert F. Drinan S. J. Jan 1965

Giannella: Religion And The Public Order, Rev. Robert F. Drinan S. J.

Michigan Law Review

A Review of Religion and the Public Order. An Annual Review of Church and State and of Religion, Law and Society, The Institute of Church and State, Villanova University School of Law. Edited by Donald A. Giannella.


A Blueprint For Censorship Of Obscene Material: Standards For Procedural Due Process, John A. Luchsinger Jan 1965

A Blueprint For Censorship Of Obscene Material: Standards For Procedural Due Process, John A. Luchsinger

Villanova Law Review (1956 - )

No abstract provided.


Religion And American Constitutions, By Wilber G. Katz, Arthur E. Sutherland Oct 1964

Religion And American Constitutions, By Wilber G. Katz, Arthur E. Sutherland

Indiana Law Journal

No abstract provided.


Freedom Of Speech And Press In America, By Edward G. Hudson, Ralph F. Fuchs Apr 1964

Freedom Of Speech And Press In America, By Edward G. Hudson, Ralph F. Fuchs

Indiana Law Journal

No abstract provided.


The Constitutional Intent Concerning Matters Of Church And State, Allen C. Brownfeld Apr 1964

The Constitutional Intent Concerning Matters Of Church And State, Allen C. Brownfeld

William & Mary Law Review

No abstract provided.