Constitutional Law Commons^™

Confession Law Isn't Necessary, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Power Of The President To Enforce The Fourteenth Amendment, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Edmond Cahn's Sense Of Injustice: A Contemporary Reintroduction, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Who Did In The Democrats?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

An Introduction To The Pennsylvania State Constitution, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Where Lies Prophecy?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Foreseeing Is Believing: Community Imposition Of Liability For The Acts Of “Dangerous” Former Mental Patients, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Book Review, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

The Requirement Of Death: Mandatory Language In The Pennsylvania Death Penalty Statute, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

The Requirement Of Death: Mandatory Language In The Pennsylvania Death Penalty Statute, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

The Confrontation Clause, The Right Against Self-Incrimination And The Supreme Court: A Critique And Some Modest Proposals, David E. Seidelson

Duquesne Law Review

The impact of Supreme Court decisions on fifth and sixth amendment rights of the accused criminal is the subject of Professor Seidelson's most recent quest into the field of constitutional law. Using the Court's most recent decision on the sixth amendment confrontation clause as a vehicle, he examines the development of the clause over the past two decades and concludes that the Court's decisions have rendered the clause virtually coextensive with the hearsay rule. In a second part of the article Professor Seidelson discusses the effect of the Court's refusal to include physical evidence within the scope of the fifth …

Constitutional Law - Commerce Clause - State Taxation Of Interstate Commerce - Supremacy Clause, Comfrey Scott Ickes

Duquesne Law Review

The United States Supreme Court has upheld the constitutionality of the Montana coal severance tax finding that it does not violate the Commerce Clause and that it is not inconsistent with federal legislation.

Commonwealth Edison Company v. Montana, 453 U.S. 609 (1981).

Constitutional Law - Fifth Amendment - Due Process - Equal Protection - Sex Discrimination, Michael B. Sedlock

Duquesne Law Review

The United States Supreme Court has held that enactment of a male-only draft registration requirement does not violate the equal protection component of the fifth amendment due process clause.

Rostker v. Goldberg, 453 U.S. 57 (1981).

Constitutional Law - Racial Discrimination - Thirteenth Amendment, Nicholas D. Krawec

Duquesne Law Review

42 U.S.C. § 1982-The United States Supreme Court has held that the official closing of a public street, resulting in a benefit for the white residents of that street and an inconvenience disparately impacting black residents of a neighboring community, is neither a badge of slavery prohibited by the thirteenth amendment nor an impairment of property interests protected by 42 U.S.C. § 1982.

City of Memphis v. Greene, 101 S. Ct. 1584 (1981).

Constitutional Law - Fifth And Fourteenth Amendments - Privilege Against Self-Incrimination - Procedure In State Criminal Trials - Jury Instructions, Terry J. Trexler

Duquesne Law Review

The Supreme Court of the United States has held that a state criminal trial judge has a constitutional obligation, on a defendant's request, to instruct a jury that no inference of guilt may be drawn from a defendant's failure to testify.

Carter v. Kentucky, 101 S. Ct. 1112 (1981).

Constitutional Law - Police Power - Equal Protection - Voluntary Deviate Sexual Intercourse Statute, Louis Bader

Duquesne Law Review

The Pennsylvania Supreme Court has held that the Pennsylvania voluntary deviate sexual intercourse statute is beyond the valid exercise of the state's police power and is violative of the equal protection clauses of the Constitution of the United States and the Constitution of the Commonwealth of Pennsylvania.

Commonwealth v. Bonadio, 490 Pa. 91, 415 A.2d 47 (1980).

Constitutional Law - Eighth Amendment - Capital Punishment - State Death Penalty Statutes - Procedural Safeguards, Scott T. Redman

Duquesne Law Review

The Supreme Court of the United States has held that the Alabama death penalty statute which prohibited a jury instruction of lesser included offenses in a capital case is unconstitutional because it diminishes the reliability of the guilt determination process, leading to an arbitrary and irrational imposition of the death penalty.

Beck v. Alabama, 447 U.S. 625 (1980).

Constitutional Law - Mootness - Personal Stake - Class Actions, Thomas F. Smida

Duquesne Law Review

The United States Supreme Court has held that an action brought on behalf of a class may be appealed upon expiration of the named plaintiffs substantive claim even though the class certification has been denied.

United States Parole Commission v. Geraghty, 445 U.S. 388 (1980).

Constitutional Law - Sixth Amendment - Indigent Criminal Defendants - Right To Assigned Counsel - Misdemeanors, Patricia T. Galvin

Duquesne Law Review

The United States Supreme Court has held that the sixth and fourteenth amendments do not require a state to provide counsel for an indigent defendant charged with a crime for which imprisonment upon conviction is authorized but not imposed.

Scott v. Illinois, 99 S. Ct. 1158 (1979).

Remedies And Damages For Violation Of Constitutional Rights, Frank M. Mcclellan, Phoebe Haddon Northcross

Duquesne Law Review

No abstract provided.

Constitutional Law - Civil Rights Action - Federal Court Review Of State Statutes - Abstention, David C. Levenreich

Duquesne Law Review

The United States Supreme Court has held that federal courts must abstain from intervention into pending state proceedings under the Younger doctrine when the federal plaintiff has an available state court opportunity to raise his federal constitutional claim.

Moore v. Sims, 99 S. Ct. 2371 (1979)

A Review Of Prisoners' Rights Under The First, Fifth, And Eighth Amendments, Judith Ann Mackarey

Duquesne Law Review

No abstract provided.

Constitutional Law - Sixth Amendment - Waiver Of The Right To Counsel, Anthony M. Bittner

Duquesne Law Review

The Supreme Court of the United States has held that an explicit statement of waiver is not necessary to support a finding that a defendant waived the right to remain silent or the right to counsel guaranteed by

Miranda v. Arizona. North Carolina v. Butler, 441 U.S. 369 (1979).

Pennsylvania Constitutional Law - Search And Seizure - Right To Privacy - Individual Banking Records, Jane E. L. Miller

Duquesne Law Review

The Pennsylvania Supreme Court has held that the Pennsylvania Constitution protects an individual bank depositor's records from unauthorized police subpoenas when no legal proceedings have been instituted against the individual.

Commonwealth v. DeJohn, 403 A.2d 1283 (Pa. 1979)

The Uncertain Power Of The President To Execute The Laws, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Constitutional Law - The Speech Or Debate Clause And Immunity For Congressional Aides, Louis Leo Brunetti

Duquesne Law Review

The United States Supreme Court has held that the speech or debate clause applies to congressional aides, insofar as the aides conduct would be a protected legislative act if performed by the Member himself; but it does not extend immunity to the Member's aide when testifying before a grand jury about acts done by the Member or himself, if such inquiry does not impinge upon the legislative process, and proves relevant to investigating possible third party crimes.

Gravel v. United States, 408 U.S. 606 (1972).

Constitutional Law - Burden Of Proof In A Juvenile Delinquency Proceeding, M. Lawrence Shields Iii

Duquesne Law Review

The Supreme Court of the United States has held that where a juvenile is charged with the commission of a delinquent offense for which institutional confinement may be imposed, due process requires that the charges against him be proved beyond a reasonable doubt.

In re Winship, 397 U.S. 358 (1970).

Constitutional Law - Right To Trial By Jury In Juvenile Delinquency Proceedings, Dennis L. Veraldi

Duquesne Law Review

The Supreme Court of Pennsylvania has held that the right to trial by jury in a juvenile proceeding is not so "fundamental" as to be constitutionally required.

Terry Appeal, 438 Pa. 339, 265 A.2d 350 (1970).

Constitutional Law - Rent Withholding Act, Mark Louis Glosser

Duquesne Law Review

The Pennsylvania Supreme Court has held that the Rent Withholding Act is not an unconstitutional delegation of legislative authority, despite the fact that it leaves to the Department of Licenses and Inspections the task of applying the concepts of "fit and unfit for human habitation"; nor does it act as an unconstitutional taking of landlords' property without due process of law.

DePaul v. Kaufman, 441 Pa. 386, 272 A.2d 500 (1971).

Constitutional Law - Access To Courts - Indigent Seeking Divorce Decree, John Edward Wall

Duquesne Law Review

The Supreme Court of the United States has held that the due process clause of the fourteenth amendment precludes a state from denying to an indigent access to the courts pursuant to an effort to dissolve a marriage, solely because of his inability to pay court fees.

Boddie v. Connecticut, 401 U.S. 371 (1971).