Constitutional Law Commons^™

A Commerce Power Seesaw: Balancing National League Of Cities, J. Ralph Beaird, C. Ronald Ellington

Scholarly Works

This Article seeks to explore the developing principles of state sovereignty limitations on Congress’ exercise of its granted powers and the potential conflicts in reconciling the enforcement of strong federal policy interests with the allowance to the states of primary control over certain governmental functions. Since both tenth and eleventh amendment questions were raised by the application of the Fair Labor Standards Act’s ever broadening coverage to state employees and its grant of federal court jurisdiction over enforcement suits, and since the Act precipitated the League of Cities decision, the Court’s treatment of the Act will serve as the primary …

Civil Commitment In Texas - An Illusion Of Due Process., Willis Luttrell

St. Mary's Law Journal

Abstract Forthcoming.

Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach

West Virginia Law Review

No abstract provided.

Federal Preemption Of State Law: The Example Of Overbooking In The Airline Industry, Michigan Law Review

Michigan Law Review

Such complexity is common in the airline context, both because the Federal Aviation Act1 (FAA) and the Civil Aeronautics Board (CAB) do not purport to regulate all aspects of the industry and because airline activities are so varied that they come within the reach of numerous state statutory and common-law rules. This Note will consider the power of the CAB to preempt state law and thereby to insulate airline activities from state-law liability. It will suggest a framework for analyzing the problems of preemption by focusing on airline concealment of overbooking practices. Section I explains airline overbooking and demonstrates that …

Topless Dancing And The Constitution: A New York Town's Experience, Andrew C. Spacone

Buffalo Law Review

No abstract provided.

Recent Cases, Walter S. Weems, Mary M. Schaffner, Ronald G. Harris

Vanderbilt Law Review

Constitutional Law-State and Local Tax-- Nondiscriminatory Ad Valorem Property Tax on Imports Stored in Warehouse Pending Sale Is Not Prohibited by Import-Export Clause

The framers of the Constitution enacted the import-export clause with the apparent intent that it remedy shortcomings of the Articles of Confederation and achieve specified national goals. Since the Articles of Confederation allowed individual states to regulate commerce as they saw fit, the seaboard stales, through whose ports goods in foreign commerce had to pass, were able to impose duties on imports destined for inland states. One reason for the import-export clause was to preserve harmony among …

State V. Ecker, 311 So. 2d 104 (Fla. 1975), Deborah Miller

Florida State University Law Review

Constitutional Law- VAGRANCY- FLORIDA'S LOITERING STATUTE UPHELD AS CONSTITUTIONAL WHEN CONSTRUED TO PROHIBIT LOITERING WHICH THREATENS PUBLIC SAFETY OR A BREACH OF THE PEACE.

Subdivision Exactions: Virginia Constitutional Restrictions, Benjamin J. Trichelo

University of Richmond Law Review

New directions in zoning law have recently been established by the Supreme Court of Virginia. The court has declared unconstitutional an ordinance imposing a temporary building moratorium, another establishing minimum building lot sizes, and one compelling individual developers to first dedicate property in fee to the local government, and to then construct and maintain designated public facilities upon the dedicated land.

Judicial Review In Local Government Law: A Reappraisal, Harold H. Bruff

Publications

No abstract provided.

Kleppe V, New Mexico, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Gerstein V. Pugh, 420 U.S. 103 (1975); In Re Florida Rules Of Criminal Procedure, 309 So. 2d 544 (Fla. 1975), R. Wayne Miller

Florida State University Law Review

Criminal Procedure- PRELIMINARY HEARINGS- NONADVERSARY JUDICIAL DETERMINATION OF PROBABLE CAUSE TO DETAIN IS PREREQUISITE TO EXTENDED RESTRAINT OF LIBERTY FOLLOWING ARREST.

Selected Oddities In Georgia Municipal Law, R. Perry Sentell Jr.

Scholarly Works

Generally speaking, practitioners, jurists, professors, legislators, and students desire certainty in the law. For those interested in the law of municipal corporations in Georgia, however, that search for certainty is frequently frustrating, if not impossible. In his Article, Professor Sentell points to a number of Georgia constitutional and statutory rules which, when read with the interpretations of these provisions by the Georgia courts, generate uncertainty and confusion for one confronted with a question in municipal corporation law. The discussion begins with a look at the definitional uncertainty of what is a municipal corporation under Georgia law, turns next to an …

Student Suspension And Expulsion Proceedings In Tax Supported Institutions: What Process Is Due., Marc I. Steinberg

St. Mary's Law Journal

Abstract Forthcoming.

Foreign Corporations Lending Money In Illinois: Constitutional And Statutory Problems, 9 J. Marshall J. Prac. & Proc. 295 (1975), Robert Kratovil, Daniel A. Weiler

UIC Law Review

No abstract provided.

Mtm, Inc. V. Baxley, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Doran V. Salem Inn, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Gonzales V. Automatic Employees Credit Union, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

North Carolina General Statute Sections 7a-227 Denies Litigant A Meaningful Right To Trial By Jury, Richard G. Miller

North Carolina Central Law Review

No abstract provided.

Discretion In Georgia Local Government Law, R. Perry Sentell Jr.

Scholarly Works

The initial question in evaluating the ability of a municipal corporation to control the affairs of its citizens is the existence of an allocation of power from the state sovereign. Once such power is found, Georgia courts traditionally view any activity within the scope of that power as a privilege of citizenship in a municipal corporation, controlled at the generally unrestricted discretion of the local government. But when and how do such privileges become rights? With an overview of the typical positions taken by Georgia courts on the power of local governments to control the affairs of their citizens, Professor …

Constitutional Limitations On Income Taxes In Tennessee, Walter P. Armstrong, Jr.

Vanderbilt Law Review

Until either article 2, section 28 or the judicial construction of that section is modified, Tennessee will be unable to levy a general personal income tax. The revenue needs of the state will rise dramatically during the next twenty years, placing increasing strain on the antiquated and regressive privilege-property tax structure no win effect.' As noted earlier, a constitutional amendment specifically authorizing a personal income tax does not appear to be a likely prospect for the foreseeable future. The only feasible solution seems to be the passage of a nongraduated income tax, such as that proposed by the Tax Modernization …

Intergovernmental Cooperation: Does The 1970 Illinois Constitution Give Units Of Local Government The Green Light, 8 J. Marshall J. Prac. & Proc. 295 (1974), Martin Korn

UIC Law Review

No abstract provided.

Civil Commitment Of The Mentally Ill In Kentucky, Paul R. Keen

Kentucky Law Journal

No abstract provided.

Constitutional Intent: The Illinois Supreme Court's Use Of The Record In Interpreting The 1970 Constitution, 8 J. Marshall J. Prac. & Proc. 189 (1974), Ann Lousin

UIC Law Review

No abstract provided.

The Legislative Process Under The 1970 Constitution, 8 J. Marshall J. Prac. & Proc. 251 (1974), Stanley M. Johnston

UIC Law Review

No abstract provided.

Constitutional Revision: Virginia And The Nation, A.E. Dick Howard

University of Richmond Law Review

For about a quarter of a century-from the 1920's into the 1940's-no American state adopted a new constitution. By midcentury, however, interest in revising these fundamental laws had burgeoned. So widespread was the movement for constitutional revision that by 1970 a leading student of the subject commented that there was at that time "more official effort directed toward revising and rewriting state constitutions than at any time in the nation's history with the possible exception of the Civil War and Reconstruction era."

The Submerged Constitutional Right To An Absentee Ballot, Michigan Law Review

Michigan Law Review

In an attempt to accommodate the growing number of people who cannot be present at the polls on election day, many states and the federal government have enacted statutes that allow voters to cast their ballots in advance of the election either by mail or in person. Eligibility for these absentee ballots is, however, restricted to those voters who fall within the classifications set up by the statute, and occasionally the option is open only to those who wish to vote in general elections. The few court decisions that have reviewed state absentee-ballot legislation, or the lack of such legislation, …

Gilmore V. City Of Montgomery, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Unconstitutionality In Georgia: Problems Of Nothing, R. Perry Sentell Jr.

Scholarly Works

Professor Sentell's Article examines the apparently well-established principle in Georgia that an unconstitutional statute is an absolute nullity. Against the backdrop of City of Atlanta v. Gower, Professor Sentell first focuses on the developmen of-the-void-from-inception doctrine and then reviews its application in Georgia. Finally, he concludes that this principle has had a substantial impact upon constitutional and legislative law in this state.

Public Impairment Of Right To Access Is Compensable., Larry W. Harrison

St. Mary's Law Journal

Abstract Forthcoming.

The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills

Scholarly Publications

The Supreme Court's decision abolishing the death penalty, at least as it existed in most jurisdictions, hardly represents the final resolution of the controversy over capital punishment. Given substantial public sentiment which apparently favors capital punishment in some form-voiced, for example, in the results of the recent referendum in California-various legislative bodies will face the question of whether capital punishment can and should be legislatively reinstated. In December 1972 the State of Florida became the first jurisdiction to pass judgment on this question. The legislature enacted a bill allowing imposition of the death penalty in certain circumstances. The two articles …