Constitutional Law Commons^™

4. Mark (Novel), Matthew Lipman

Secondary School Curriculum

The high school has been vandalized, and Mark is arrested at the scene of the crime. He claims he is a “victim of society.” But what is society? What forces hold it together or work to pull it apart? These are questions to which Mark and his classmates address themselves. What they seek are ways of evaluating social institutions, rules and values, so as to determine how well society is able to live up to the ideals which, at one time or another, have been set for it. They pay particular attention to the nature of law and crime, tradition, …

Privacy, Secrecy, And Reputation, Richard A. Posner

Buffalo Law Review

No abstract provided.

Personality Testing By The Schools: A Possible Invasion Of Privacy, Angelika Hoyman

IUSTITIA

Contemporary critics, concerned with the maintenance of personal privacy, have termed the use of personality tests a "white glove rack and screw" . Monroe H. Freedman, Dean of Hofstra University School of Law, while testifying before a congressional subcommittee, compared the use of psychological tests to the administration of truth serums and found both to be an affront to personal dignity.

Nevertheless, the 1960's witnessed a three-fold increase in the number of school counselors employed in most schools and a nation-wide survey of these counselors indicated that at least one-third of their time was spent in dealing with the personal …

Contribution To An Explication Of The Activity Of The Warren Majority Of The Supreme Court, Mitchell Franklin

Buffalo Law Review

No abstract provided.

The Eighth Amendment, Beccaria, And The Enlightenment: An Historical Justification For The Weems V. United States Excessive Punishment Doctrine, Deborah A. Schwartz, Jay Wishingrad

Buffalo Law Review

No abstract provided.

Response To Henkin, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.

Executive Powers: The Role Of The Supreme Court In An Expanding Presidency, Gale M. Filter

All Student Theses and Dissertations

In the "Pacificus-Helvidius" debate of 1793, Alexander Hamilton locked horns with James Madison in a classic exchange of broadsides on the issue of express versus inherent executive powers. In his interpretation of presidential powers, Hamilton sows the seeds for an argument which justifies the exercise of executive powers in combating situations of domestic emergency and in matters concerning the general welfare or public interest. The seeds of this theory took firm root more than sixty years later in the administration of Abraham Lincoln. Subsequently, the growth of these roots was stimulated by the Supreme Court's decisions in the famous cases …

Further Considerations Relating To Romanist Infamy And The American Constitutional Conception Of Impeachment, Mitchell Franklin

Buffalo Law Review

No abstract provided.

Romanist Infamy And The American Constitutional Conception Of Impeachment, Mitchell Franklin

Buffalo Law Review

No abstract provided.

The Constitutional Right To Free Communication Of The Institutionalized Resident, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This article comes from the notes and comments section of the North Carolina Central Law Journal from 1973.

Justified by the generic first amendment protection to unabridged expression and association, a United States citizen cannot be unreasonably denied the right to communicate by mail; by telephone; with legal counsel; with the opposite sex; with others. In most states where such a citizen becomes "mentally ill," the person may be involuntarily civilly committed. Although there is no justification for such a commitment beyond the fact that the individual is sick and is in need of care, often the individual's first amendment …

A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne

Faculty Publications

No abstract provided.

Impoundment Of Funds: Uses And Abuses, Louis Fisher

Buffalo Law Review

No abstract provided.

The Kenyan Constitution And The Question Of Succession: The Influence Of A Strong Leader, Barbara Kelley

IUSTITIA

Mzee Jomo Kenyatta, President of the Republic of Kenya, is over eighty years of age. The prospect of the people of Kenya having to select a successor to President Kenyatta raises fundamental questions regarding the status of Kenya's constitution in terms of its having assumed, in the minds of Kenyans, the aura of legitimacy to the extent that they will accept its mandate as the supreme law. This paper will be an attempt to analyze, first, the process of legitimization of the Kenya constitution, specifically in regard to the provisions for succession to the presidency; and secondly, to ascertain what, …

Presentence Confinement And The Constitution: The Burial Of Dead Time, F. Thomas Schornhorst

Articles by Maurer Faculty

No abstract provided.

The Generality Of Neutral Principles: A Game-Theoretic Perspective, Robert L. Birmingham

Articles by Maurer Faculty

Eleven years ago Professor Wechsler first argued that constitutional adjudication should be based on neutral principles of general applicability that transcend the factual contexts of the cases in which they are announced. Since that time, legal scholars have been engaged in a continuing debate over both the meaning and the validity of Wechsler's thesis. Professor Birmingham adds a new perspective to this debate by analyzing neutrality and generality in terms of game theory.

Book Reviews, Daniel G. Partan, Kenneth S. Carlston, Bernard A. Ramundo, S. A. Mccarthy, Cornelius J. Peck

Journal of Legal Education

No abstract provided.

Parolee Not Protected Against Unreasonable Searches And Seizures By His Parole Officer, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.

Double Jeopardy V. Double Punishment--Confusion In California, Michael J. Bruce

San Diego Law Review

This Article proposes to clarify this area of criminal practice. California Penal Code § 1023, prohibiting multiple prosecutions, and California Penal Code § 654, prohibiting multiple punishment for the same act or omission, are often misapplied by the California criminal courts. California Penal Code § 1023 sets down two tests to determine whether jeopardy has attached: the "identity of the offense" test and the "necessarily included offense" test. California Penal Code § 654 proscribes double punishment using concurrent sentencing, and prevents double jeopardy using not only the "necessarily included offense" test from § 1023, but also a broader "indivisible transaction" …

Democracy And Constitutional Government, John J. Parker

Indiana Law Journal

Address of Hon. John J. Parker, Judge of the United States Circuit Court of Appeals, Fourth Circuit, at the Annual Meeting of the Indiana State Bar Association, Sept. 16, 1938.

Natural Law In American Constitutional Theory, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

Our Dual Form Of Government, Hugh Evander Willis

Kentucky Law Journal

No abstract provided.

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Admiralty - Workmen's Compensation - Is a Hydroplane a Vessel? - Claimant was employed in the care and management of a hydroplane which was moored in navigable waters. The hydroplane began to drag anchor and drift toward the beach, where it was in danger of being wrecked. Claimant waded into the water and was struck by the propeller. Held, claimant is not entitled to compensation under the Workmen's Compensation Law, since a hydroplane while on navigable waters is a vessel, and therefore the jurisdiction of the admiralty excludes that of the State Industrial Commission. Reinhardt v. Newport Flying Service Corp. …

Protection Of Aliens By The United States, Simeon E. Baldwin

Michigan Law Review

Every country owes a duty of protection to aliens who are lawfully within its territory. "An alien friend, however transient his presence may be, is entitled to a temporary protection, and owes in return a temporary allegiance."

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgement--Use of "He" Instead of "They"; Adverse Possession--Easement--License--Legal Maxim; Attachment--Conflict of Jurisdictoin--State and Federal Courts; Bills and Notes--Negotiability of Overdue Note; Bills and Notes--Presentment; Common Carriers--Fellow Servant Rule--Departmental Doctrine; Conspiracy--Recovery Against One Alone; Constitutional Law--County Taxes--Statutory Limitation--Impairment of Contracts; Constitutional Law--Search And Seizure--Due Process of Law; Constitutional Law--Sunday Law--Obligatory on Hebrews; Contracts to make a Particular Disposition of Property at Death--Specific Performance; Corporations--Banks and Banking--Negligence of Directors--Liability for Deceit--Liability to Creditors; Corporations--Issue of Convertible Bonds--Increase of Capital Stock--Preemptive Right of Stockholders; Covenants--Technical and Substantial Breach; Deeds--Condition Subsequent--Agreement to Support; Divorce--Alimony--Decree--Monion to Vacate; Dower--Rights of Divorced Wife; Eminent Domain--Telephone Poles in …

Charge Of Chief Justice Durfee, Job Durfee

Pamphlets: Contemporary Assessments of the Dorr Rebellion

No abstract provided.

To The Members Of The General Assembly Of Rhode Island, John Pitman

Pamphlets: Contemporary Assessments of the Dorr Rebellion

No abstract provided.

Address On The Right Of Suffrage, Seth Luther

Pamphlets: Contemporary Assessments of the Dorr Rebellion

No abstract provided.

Extension Of Suffrage, B. Hazard

Pamphlets: Contemporary Assessments of the Dorr Rebellion

No abstract provided.