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Articles 451 - 460 of 460
Full-Text Articles in Constitutional Law
Placement Of Children In Religiously Affiliated Foster Care Held Not Violative Of Establishment Clause Where State Acts In Loco Parentis To Meet Free Excercise Rights Of Children. Wilder V. Sugarman, 385 F. Supp. 1013 (S.D.N.Y. 1974) (Per Curiam)., Richard F. Nacchio
Fordham Urban Law Journal
The New York State Constitution provides for the assignment of foster children to "an institution or agency governed by persons, or in the custody of a person, of the same religious persuasion as the child." It likewise empowers the state to reimburse foster care institutions for the expense of caring for the children. Plaintiffs, six children for whom guardians were appointed, sought a declaratory judgment that provisions of the New York State Constitution and statutes implementing these constitutional provisions violate the first, eighth, and fourteenth amendments of the United States Constitution. Defendants were public agencies and officials responsible for the …
Constitutional Law- Sixth Amendment- Systematic Exclusion Of Women From Jury Service Violates The Sixth And Fourteenth Amendments. Taylor V. Louisiana, 95 S. Ct. 692 (1975)., Kenneth J. Mulvey Jr.
Constitutional Law- Sixth Amendment- Systematic Exclusion Of Women From Jury Service Violates The Sixth And Fourteenth Amendments. Taylor V. Louisiana, 95 S. Ct. 692 (1975)., Kenneth J. Mulvey Jr.
Fordham Urban Law Journal
Appellant, a male, was convicted in a Louisiana state court of aggravated kidnapping. Prior to his trial, he had moved to quash the petit jury venire on the ground that women had been systematically excluded from it. Under the Louisiana Constitution and criminal procedure statutes, a woman could not be selected for jury service unless she had filed a written declaration with the court clerk of her desire to serve on a jury. The trial court denied appellant's motion. The Supreme Court of Louisiana affirmed, determining that the statutory provisions were "neither irrational nor discriminatory"' and thus did not violate …
The New Equal Protection- Substantive Due Process Resurrected Under A New Name, Barbara Brenneman
The New Equal Protection- Substantive Due Process Resurrected Under A New Name, Barbara Brenneman
Fordham Urban Law Journal
This Note analyzes the Fifth Circuit's recent decision in David v. Weir, in which a tenant whose water supply was terminated without notice by the City of Atlanta Department of Public Works because of his landlord's failure to pay an outstanding bill, alleged that the Department's termination policy, authorized by city ordinances, and its refusal to contract with the plaintiff until the landlord's debts were paid, violated the equal protection and due process clauses of the United States Constitution. The Fifth Circuit found that the Department's action violated equal protection because it divided applicants for service into two classes: those …
Forfeiture Proceedings -- In Need Of Due Process, Edward Wallace
Forfeiture Proceedings -- In Need Of Due Process, Edward Wallace
Fordham Urban Law Journal
Federal statutes allow the United States government to forfeit the instrumentalities of wrongdoing, meaning "things" such as automobiles. The Supreme Court recently upheld this type of forfeiture of instrumentalities, but did not directly consider the due process questions raised by the federal forfeiture statutes as they are written. This Note analyzes the possible remaining constitutional challenges and concludes that invalidation of the forfeiture statutes by the Court on procedural grounds would present an opportune incentive for legislative reconsideration.
Pre-Trial Detainees Must Be Held Under The Least Restrictive Means Possible To Assure The Detainees' Presence At Trial. Rhem V. Malcolm, 371 F. Supp. 594, Opinion Supplemented, 377 F. Supp. 995 (S.D.N.Y.), Aff'd, 507 F.2d 333 (2d Cir. 1974)., Todd L. Klipp
Fordham Urban Law Journal
Plaintiffs, detainees at the Manhattan House of Detention for Men (MHD), more commonly known as the "Tombs," brought suit for declaratory and injunctive relief against the Commissioner of Corrections of the City of New York, the warden, the mayor, and various state officials. Plaintiffs alleged that the conditions of their detention constituted a denial of their rights under the first, fifth, sixth, eighth, and fourteenth amendments. The United States District Court for the Southern District of New York found unconstitutional conditions did exist and ordered the city to submit a plan within thirty days to remedy the constitutional infirmities. Six …
Television And Radio Commentators' Freedom Of Speech Not Infringed By Dues Requirement Of Union Shop Agreement. Buckley V. American Federation Of Television And Radio Artists, 496 F.2d 305 (2d Cir.), Cert. Denied, 95 S. Ct. 688 (1974)., Edwin M. Ceccarelli
Fordham Urban Law Journal
Plaintiffs, prominent television and radio commentators, were compelled to pay union dues and join the American Federation of Television and Radio Artists (AFTRA) as a condition precedent to their public broadcasts. Plaintiffs sought declaratory and injunctive relief, alleging that this union shop requirement had a "chilling effect" upon the exercise of free speech and thus violated the first amendment. The United States District Court for the Southern District of New York ruled in plaintiffs' favor and declared that any provisions requiring plaintiffs to become members of AFTRA, pay dues, and comply with any regulations incident thereto were void and of …
Constitutional Law-Blockbusting-Antiblockbusting Section Of The Civil Rights Act Of 1968 Held Not Violative Of First Amendment. Finding Of "Group Pattern Or Practice" Does Not Require A Showing Of Conspiracy Or Concerted Action
Fordham Urban Law Journal
An action was brought by the Attorney General against the president of a realty group and four other real estate brokers to enjoin alleged violations of anti-blockbusting provisions of the Fair Housing Act of 1968. Defendants were accused of individually and collectively engaging in a practice to prevent the enjoyment of rights granted by the Fair Housing Act and that a group of persons was denied rights as a result. It was alleged the defendant's agents made unlawful representations to white homeowners concerning changes in the racial composition of their neighborhood in order to induce sales. The trial court found …
Constitutional Law-Sixth Amendment-Exclusion From Jury Selection Of Residents Of The Judicial District Where A Crime Is Committed Held Unconstitutional As A Denial Of The Right To A Jury From The Vicinage.
Fordham Urban Law Journal
When defendant Leon Jones was arrested, he moved to be transferred to the district where the crimes occured. He asserted that the fourteenth and sixth amendments entitled him to be tried by a jury drawn from this district. Mr. Jones' request was denied and he was convicted. The intermediate appellate court held that a jury drawn from any district within the county satisfied the constitutional requirements but on appeal, the California Supreme Court reversed and held Jones was entitled to a jury from the district where the crime was committed. The court based its opinion on the principle that a …
Constitutional Law-Equal Protection-Relatives' Responsibility Statutes Do Not Create A "Suspect" Classification Based On Wealth
Fordham Urban Law Journal
This note discusses Swoap v. Superior Court - a case brought by two recipients of aid to the aged and their adult children who challenged the constitutionality of two state statutes. One imposed a general duty of support on the children of parents unable to support themselves. The other gave county officials a cause of action against the children to compel contribution to the public assistance given by the state to the needy parents. The plaintiffs argued this was discrimination based on wealth class. The court concluded that it wasn't discrimination based on wealth but on percentage but why discrimination …
Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski
Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski
Faculty Scholarship
IN 1946 JUSTICE HUGO BLACK DECLARED that one of the objects of the fourteenth amendment was to apply the Bill of Rights to the States. He was confident that an analysis of the intent of the framers of the amendment would support his assertion. A few years later the Supreme Court requested such an investigation, but when the analysis was made and the results presented to it, the Supreme Court concluded that the framers' intent could not be determined. The uncertainty surrounding the intent of the framers of the fourteenth amendment has had profound implications on the application of that …