Constitutional Law Commons^™

Constitutional Law - Self-Incrimination - Use Of Confessions For Impeachment Purposes, Janice I. Gambino

Duquesne Law Review

The United States Supreme Court has held that the voluntary confessions of a criminally accused, made in the absence of full Miranda warnings, may be used to impeach his credibility.

Harris v. New York, 401 U.S. 222 (1971).

Constitutional Law - Aliens, John J. Reid

Duquesne Law Review

The United States Supreme Court has held that state welfare laws discriminating against aliens violate the equal protection clause of the fourteenth amendment, and encroach upon the exclusive federal control of immigration.

Graham v. Richardson, 403 U.S. 365 (1971).

Constitutional Law - Trial - Decorum In The Courtroom, Bernadine Meyer

Duquesne Law Review

No abstract provided.

Constitutional Law - Qualifications Of Congressmen, Elmer S. Beatty

Duquesne Law Review

The Supreme Court of the United States has held that Congress, in judging the qualifications of its members, is limited to the standing qualifications prescribed by the Constitution.

Powell v. McCormack, 89 S. Ct. 1944 (1969).

Constitutional Law - Right To Travel, Patrick J. Kearney

Duquesne Law Review

The United States Supreme Court has held that state residency requirements for eligibility under federal welfare assistance programs are unconstitutional because they restrict the right to travel.

Shapiro v. Thompson, 89 S. Ct. 1322 (1969).

Constitutional Supremacy: An Early Advocate Of Judicial Review, Leonard B. Rosenberg

Duquesne Law Review

It has often been said that judicial review is a necessary ingredient in a federated system, for supremacy must reside somewhere; and that in the American system, with its additional tripartite structure, it is an absolute necessity. Even critics of judicial review generally agree that the power of the Supreme Court over acts of state legislatures and state courts, as contradistinguished from its power over congressional legislation and presidential activities, is essential to the American political system and, in addition, is a constitutional directive (Article VI-the "supremacy clause").

Constitutional Law - Search Warrants - Health And Safety Inspections, John M. Campfield

Duquesne Law Review

Health and Safety Inspections- The Fourth Amendment guarantees that a person may not be convicted for refusing to consent to a health or safety inspection of his residence or place of business to be made without a search warrant.

Camara v. Municipal Court, 87 S. Ct. 1727 (1967). See v. City of Seattle, 87 S. Ct. 1737 (1967).

Constitutional Law - Fourth Amendment - Electronic Eavesdropping, Jay Paul Kahle

Duquesne Law Review

Electronic Eavesdropping- Verbal evidence of gambling activities obtained without a warrant by means of an electronic listening device held inadmissable [sic].

Katz v. United States, 88 S. Ct. 507 (1968).

Constitutional Law - Self-Incrimination, Donald J. Burns

Duquesne Law Review

An accused gambler's claim of constitutional privilege against self-incrimination provides a complete defense to federal prosecution for violation of federal tax statutes requiring gamblers to pay excise and occupational taxes.

Marchetti v. United States, 88 S. Ct. 697 (1968). Grosso v. United States, 88 S. Ct. 709 (1968).

Constitutional Law, John Ralph Kenrick

Duquesne Law Review

Initiative measure permitting discrimination in the sale or rental of private housing held to be "state action" in violation of the equal protection clause of the fourteenth amendment.

Mulkey v. Reitman, 413 P.2d 825 (1966), cert. granted, ___ U.S. ___ (1966) (No. 483).

Erie V. Tompkins: A Geography Lesson, Louis L. Manderino

Duquesne Law Review

The United States Supreme Court, in 1938, deciding the case of Erie Railroad Co. v. Tompkins, held that a federal court in a diversity of citizenship case must apply state law rather than federal law to the controversy. The Court subsequently held in 1941, in Klaxon Co. v. Stentor Electric Mfg. Co., Inc., that the Erie case necessitated a ruling that a federal court, sitting solely on the basis of diversity jurisdiction, had to use the conflict of law rules of the state in which it was "sitting" in determining which state's law was applicable to the controversy. …

Constitutional Law - Illegal Search And Seizure, Samuel J. Pasquarelli

Duquesne Law Review

The rule announced in Mapp v. Ohio will not be used to overturn any conviction finally adjudicated before Mapp v. Ohio was decided.

Linkletter v. Walker, 85 Sup. Ct. 1731 (1965).

Constitutional Law - Self-Incrimination, John F. Yetter

Duquesne Law Review

That section of the Subversive Activities Control Act requiring individual members of the Communist Party to register with the Justice Department violates registrants' fifth amendment privilege against self-incrimination.

Albertson v. Subversive Activities Control Board, 86 Sup. Ct. 194 (1965).

Constitutional Law - Civil Rights, Frank Regan Nerone, John W. Latella

Duquesne Law Review

Public Accommodations Under the Civil Rights Act of 1964.

Heart of Atlanta Motel, Inc. v. United States, 85 Sup. Ct. 348 (1964).

Constitutional Law - Reapportionment, Andrew M. Schifinio, Dennis Gerard Long

Duquesne Law Review

The Pennsylvania Reapportionment Act held unconstitutional.

Butcher v. Bloom, 415 Pa. 438, 203 A. 2d 556 (1964)

Constitutional Law - Right To Counsel, Ronald H. Heck

Duquesne Law Review

The United States Supreme Court, in making an accused's right to confront witnesses a fundamental right applicable to the states, unnecessarily extended constitutional law.

Pointer v. Texas, 380 U. S. 400 (1965).

Constitutional Law - Self Incrimination, Frank Intrieri

Duquesne Law Review

The fifth amendment, in its direct application to the federal government and its bearing on the states by reason of the fourteenth amendment, forbids either comment by the prosecution on the accused's silence or instructions by the court that such silence is evidence of guilt.

Griffin v. State of California, 85 Sup. Ct. 1229 (1965)

Constitutional Law - Right To Travel - Area Restrictions, F. Regan Nerone

Duquesne Law Review

Area Restrictions-Congressional intent of Passport Act of 1926 and Immigration & Nationality Act of 1952.

Zemel v. Rusk, 381 U. S. 1, 85 Sup. Ct. 1271 (1965).

Constitutional Law - Right To Counsel, Steven K. Yablonski

Duquesne Law Review

Accused's right to counsel attaches at the accusatory stage of the proceedings even though no request for counsel is made.

United States ex rel. Russo v. New Jersey, 351 F.2d 429 (3d Cir. 1965).

Constitutional Law - Right To Counsel, Joseph Pass Jr.

Duquesne Law Review

The right to counsel attaches at an accusatorial proceeding even though not requested. The rule announced in Escobedo v. Illinois will not be applied retrospectively to cases finally adjudicated before Escobedo v. Illinois was decided.

Commonwealth v. Negri, 419 Pa. 117, 213 A.2d 670 (1965).

The Establishment Syndrome And Religious Liberty, John E. Dunsford

Duquesne Law Review

Seventeen years have passed since the Supreme Court chose the establishment clause of the First Amendment as the preferred reed through which to breathe modern relevance into an 18th century formulation of church-state relationships. Prior to 1947 the Court "had seldom undertaken to supply content to that part of the first amendment concerned with separation."' With the Everson decision, a period opened in which the commodious dimensions of the establishment concept invited the legal soul to trace out that grand design which presumably must distinguish and exalt the American understanding of the place of religion in society. Almost to a …

Fare Ye Well: Right To Be Let Alone, Louis J. Grippo

Duquesne Law Review

A recent case in the United States Court of Appeals for the District of Columbia has raised a very important question concerning one of our well established rights-that is, the right to be let alone. Judge Skelly Wright, acting singly, has decided that a young adult member of the Jehovah's Witnesses should be given a blood transfusion over her objection-her refusal being based upon her religious beliefs.

Constitutional Law - Right To Counsel, Robert S. Barker

Duquesne Law Review

Use of defendant's incriminating statements, surreptitiously procured by government agents after indictment and in the absence of defendant's counsel, violates defendant's constitutional rights under the fifth and sixth amendments.

Massiah v. United States, 377 U.S. 201, 84. Sup. Ct. 1199 (1964).

Constitutional Law - Right To Counsel, Frank A. Mysliwiec

Duquesne Law Review

Where an investigation has begun to focus upon a particular suspect, whose request for counsel has been denied and who has not received a warning as to his right to remain silent, he has been deprived of his rights under the sixth amendment.

Escobedo v. State of Illinois, 84 Sup. Ct. 1758 (1964).

Constitutional Law, Irwin B. Wedner

Duquesne Law Review

Supreme Court's Equity Decree Opens Integrated Public Schools for the First Time in Prince Edward County, Virginia.

Griffin v. County School Bd. of Prince Edward County, 84 Sup. Ct. 1226 (1964).

Constitutional Law - Electronic Eavesdropping

Duquesne Law Review

Recorded bribe attempt admissible at bribery trial at which agent, to whom the attempted bribe was made, testified - Rights under fourth amendment not violated where electronic device was not planted by an unlawful physical invasion of a constitutionally protected area.

Lopez v. United States, 83 Sup. Ct. 1381 (1963).