Constitutional Law Commons^™

The North Slope Borough, Oil, And The Future Of Local Government In Alaska, David H. Getches

Publications

No abstract provided.

The Property Tax, Governmental Services, And Equal Protection: A Rational Analysis, Thomas Allen Moon, William D. Moon

Villanova Law Review (1956 - )

No abstract provided.

Constiutional Law - Balancing Test Employed To Resolve Conflict Between State Statute And Resulting Burden On Free Exercise Of Religion - State Interest In Compelling Compulsory High School Attendance Outweighed By Resulting Burden On Free Exercise Of Amish Religion, Michael G. Trachtman

Villanova Law Review (1956 - )

No abstract provided.

White V. Regester, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Salyer Land Company V. Tulare Lake Basin Water Storage District, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Educational Financing, Equal Protection Of The Laws, And The Supreme Court, Michigan Law Review

Michigan Law Review

Recently, state systems of financing public education have been overturned or seriously threatened by several state and federal court cases based on the equal protection clause of the fourteenth amendment. Rodriguez v. San Antonio Independent School District, which invalidated the Texas system of educational financing, will be argued before the Supreme Court next term. This Comment will examine the doctrinal and policy problems that the Court will confront and the alternative solutions that are available to the Court when it considers the constitutionality of the Texas system, which is typical of the educational financing programs that have generated so …

County Home Rule: An Approach To Metropolitan Problems In Michigan, Stephen M. Silverman

University of Michigan Journal of Law Reform

This note examines what seems to be the most viable solution for metropolitan problems in Michigan: county home rule, as authorized by the 1963 state constitution. Since the primary obstacle to the use of county- home rule as a vehicle for metropolitan reform appears to lie in the present statutory authority, the Michigan County Home Rule Act of 1966 (Act), considerable attention is given to the Act and to recent legislation proposed to amend the Act, Michigan House Bill 5464, introduced into the Michigan Legislature on June 21, 1971, and currently pending before the Michigan House Committee on Towns and …

Potholes, Lampposts And Policemen: Equal Protection And The Financing Of Basic Municipal Services In The Wake Of Hawkins And Serrano, Mary Bowen Little

Villanova Law Review (1956 - )

No abstract provided.

The Constitutionality Of Candidate Filing Fees, Michigan Law Review

Michigan Law Review

Early in the twentieth century a "progressive impulse" captured the energies of this country's burgeoning urban middle class. Sickened by the corruption and scandals of the nineteenth century and fearful of the rising influx of European immigration, the so-called Progressives began working for political reform. The emphasis of this reform was primarily structural. Rather than by a remodeling of the citizenry, reform was to be achieved by "a careful and scientific adjustment of the machinery of government for the correction of prevalent evils." Progressives pushed such reforms as initiative, recall, referendum, and frequent elections in the belief that these measures …

Constitutional Standards Applicable To Voter Registration Closing Dates, Jeffrey M. Petrash

University of Michigan Journal of Law Reform

Judicial pronouncements during the last decade on the relationship between the state, the voter, and the Federal Constitution have circumscribed the power states formerly enjoyed to impose restrictions on availability of the franchise. Nevertheless, all states but one maintain voter registration systems, one element of which is a closing date which cuts off registration at a stipulated point in time prior to election day. While in a statistical sense large scale de facto disfranchisement results from the use of closing dates, a distinct issue is presented as to whether this disfranchisement is of a type that is proscribed by the …

Legislative Purpose, Rationality, And Equal Protection, Robert F. Nagel

Publications

No abstract provided.

Zicarelli V. New Jersey State Commission Of Investigation, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Constitutional Law--Does A Private College's Response To State Legislation Constitute State Action?, Willian Charles Garrett

West Virginia Law Review

No abstract provided.

Federalizing Through The Franchise: The Supreme Court And Local Government, R. Perry Sentell Jr.

Scholarly Works

Decisionmaking at the local government level has been significantly affected by both national legislation and federal court decisions seeking to protect the right to vote. Indeed, Professor Sentell feels that the Supreme Court, through decisions invalidating restrictions on the franchise, has involved itself to an unparalleled degree in heretofore purely local affairs. In examining these decisions, the author queries if legitimate voting regulations may be now imposed by local governments. In so doing he focuses upon the Court's equal protection analysis of extraordinary majority vote requirements and elections restricted to certain segments of the electorate and upon the expansive judicial …

State Constitutions For The 20th Century, William F. Swindler

Faculty Publications

No abstract provided.

Hawkins V. Town Of Shaw: The Court As City Manager, C. Ronald Ellington, Lawrence F. Jones

Scholarly Works

For over one hundred years Congress and the federal courts have pursued the goal of racial equality in the United States. In areas such as voting rights, public accommodations, and housing, Congress and the courts have interacted closely, with broad judicial interpretations upholding major remedial legislation. Moreover, when confronted by official state sources of racial discrimination, courts have traditionally responded to the clear command of the equal protection clause of the fourteenth amendment without awaiting congressional action. Brown v. Board of Education stands as perhaps the best known instance in which a court has, on its own, ordered the elimination …

Municipal Annexation In Georgia: Nay-Sayers Beward (Plantation Pipe Line Co. V. City Of Bremen), R. Perry Sentell Jr.

Scholarly Works

In the Fall 1967 issue of the Georgia Law Review, there appeared a somewhat ambitious effort to survey the law of municipal annexation in Georgia. That rather stuffy treatment at least served to demonstrate the existence of a history on the subject dating from the beginning of time in this State. It also purported to make one or two daring thrusts at formulating principles then apparently settled and at identifying legal points around which further evolution might be anticipated.

Some apparently believed that these thrusts were more negative than daring and that they reflected an approach which was basically …

Constitutional Law--Discretionary Acts Of Governor

West Virginia Law Review

No abstract provided.

Book Review. Con-Con: Issues For The Illinois Constitutional Convention, Leon Harry Wallace

Articles by Maurer Faculty

No abstract provided.

Right To Jury Trial: Indiana's Misapplication Of Due Process Standards In Delinquency Hearings, Robert Gullick

Indiana Law Journal

No abstract provided.

Constitutional Revision--The Counties, Richard Shelton

West Virginia Law Review

No abstract provided.

Massachusetts In The Federal Courts: The Constitutionality Of The Vietnam War, Anthony A. D'Amato

University of Michigan Journal of Law Reform

One of the most singular pieces of legislation in American constitutional history passed both houses of the Massachusetts legislature on April 1st, 1970, and was signed into law on the following day by Governor Francis W. Sargent. It provides that, except for an emergency, no inhabitant of Massachusetts inducted into or serving in the armed forces "shall be required to serve" abroad in an armed hostility that has not been declared a war by Congress under Article 1, Section 8, clause 11 of the United States Constitution. The bill further directs the state's attorney general to bring a suit testing …

Municipal Debt Limitations In Pennsylvania, Steven G. Brown, Robert A. Ebenstein

Villanova Law Review (1956 - )

No abstract provided.

Sturm & Whitaker: Implementing A New Constitution: The Michigan Experience, Walter D. De Vries

Michigan Law Review

A Review of Implementing a New Constitution: The Michigan Experience by Albert L. Sturm and Margaret Whitaker

Title Vii In The Federal Courts - Private Or Public Law - Part Ii, Robert J. Affeldt

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law--Police Power--Michigan Statute Requiring Motorcyclists To Wear Protective Helmets Held Unconstitutional, Michigan Law Review

Michigan Law Review

The effects of the helmet decisions on the law in general may be substantial. On the one hand, if a helmet statute is held constitutional, inroads could be made upon personal liberty; the legislature might rely on similar strained and unproved relationships to the general welfare in order to justify regulations impinging upon other areas of individual conduct. On the other hand, to hold such a statute unconstitutional may require the judiciary to interfere unreasonably with the legislature's conception of public welfare. In light of these considerations, courts dealing with challenges to such regulations in the future should pay closer …

Avery V. Midland County: Reapportionment And Local Government Revisited, R. Perry Sentell Jr.

Scholarly Works

Earlier in the pages of this Review the judicial application of the "one-man-one-vote" standard to local government is discussed in detail. As noted, the United States Supreme Court did not completely evolve this standard for state legislatures until June, 1964. Since that time, the state courts and the lower federal courts have been inundated with litigation raising the question of the basic applicability of the standard to local governments in this country, as well as a host of accompanying inquiries. This litigation and the courts' reactions to it were extensively traced. At the close of its term, however, the Court …

Constitutional Law--First Amendment Freedoms--Kentucky Un-American Activities Committee, J. Dan Kemp

Kentucky Law Journal

No abstract provided.

Substantive Due Process And Felony Treatment Of Pot Smokers: The Current Conflict, F.H. Von U.

Georgia Law Review

The Supreme Court, in recent years, has consistently reaffirmed a trend toward a fuller recognition of individual liberties. When these cherished incidents of American citizenship have conflicted with the real or imagined needs of society, the Court has applied a vital and expanding concept of due process to determine the proper balance of interests. It is now recognized that the State must demonstrate a truly rational basis for punishing individual conduct, aid where proscriptive rather than regulatory measures are enacted, legislation must carefully avoid jeopardizing harmless conduct, however offensive to public taste. Restrictive legislation must be grounded in fact, and …

The Elementary And Secondary Education Act The Implications Of The Trust-Fund Theory For The Church-State Questions Raised By Title I, Jon Feikens

Michigan Law Review

The issues raised by the granting of federal aid both to education in general and to non-public education in particular have caused considerable controversy in recent years. Although several federal statutes dealing with various aspects of both types of aid had been enacted previously, the early 1960's saw an increased desire on the part of Congress to enter this area with a comprehensive plan. Finally, in 1965, the question of aid to education in general was resolved in favor of carrying the war on poverty to the elementary and secondary schools. Simultaneously, a so-called "church-state settlement" was reached whereby it …