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Articles 331 - 360 of 439
Full-Text Articles in Constitutional Law
Feres To Chappell To Stanley: Three Strikes And Servicemembers Are Out, Jonathan P. Tomes
Feres To Chappell To Stanley: Three Strikes And Servicemembers Are Out, Jonathan P. Tomes
University of Richmond Law Review
With its decision in United States v. Stanley, the United States Supreme Court completed the virtual evisceration of servicemembers' constitutional rights begun thirty-seven years before in Feres v. United States. Although the courts have never expressly held that servicemembers do not enjoy the same constitutional rights that other citizens enjoys the Supreme Court's decision in Stanley has left servicemembers without an effective remedy to vindicate their constitutional rights. Rights without means of enforcing them are meaningless.
The Case Against A Right To Religion-Based Exemptions, Ellis M. West
The Case Against A Right To Religion-Based Exemptions, Ellis M. West
Political Science Faculty Publications
When, if ever, does the free exercise clause of the first amendment give an individual or organization the right to disobey with impunity a valid law of the state? This question is being discussed with increasing frequency and intensity because of the growing number of persons and groups who are going to the courts and claiming such a right on the grounds that the application of certain laws to them would burden their free exercise of religion. Almost all the individuals and some of the groups who claim such a right do so because the laws to which they object …
Unborn Child: Can You Be Protected?, Heather M. White
Unborn Child: Can You Be Protected?, Heather M. White
University of Richmond Law Review
Continuing medical advancement in the area of prenatal care' raises the question of when, if ever, the state may intervene in the life of a pregnant woman to protect her unborn child from abuse and neglect. This issue, though troublesome, can no longer be ignored. Since the Supreme Court's decision in Roe v. Wade, giving the pregnant woman the constitutional right to decide whether or not to terminate her pregnancy, there has been abundant controversy over the allowance of state intervention to protect the human fetus. This controversy necessarily entails a discussion as to when and in what manner the …
Response To Monkeying Around With The Establishment Clause, Lucien J. Dhooge
Response To Monkeying Around With The Establishment Clause, Lucien J. Dhooge
University of Richmond Law Review
In the limited space available for response to Professor Leedes article, there is much which merits further attention but which cannot escape the bonds of paginal constraint. With regard to these unaddressed disputes, the reader is directed to the discussions of the relative merits of the controversy contained within the articles. Given the broad differences in viewpoint between Professor Leedes and myself, it would be practically impossible to address all of our differences in this response for fear of the response devouring its parent article-in-chief. Bearing these limitations in mind, I tender my response to Professor Leedes' article.
Monkeying Around With The Establishment Clause And Bashing Creation-Science, Gary C. Leedes
Monkeying Around With The Establishment Clause And Bashing Creation-Science, Gary C. Leedes
University of Richmond Law Review
This article examines the nature of scientific creationism and its educational value. Creation scientists and evolutionists study the origins of life, but their disagreements produce controversies that radiate far beyond the scientific community. Controversies about the content of science courses in public schools are widely reported in the press and have become political footballs. The debates between Clarence Darrow and William Jennings Bryan, and their contemporary counterparts, are the themes of motion pictures and plays. There is enormous public interest in the battle that is portrayed by combatants on both sides as a fight involving not only academic freedom but …
Virginia's Birth-Related Neurological Injury Compensation Act: Constitutional And Policy Challenges, Jane R. Ward
Virginia's Birth-Related Neurological Injury Compensation Act: Constitutional And Policy Challenges, Jane R. Ward
University of Richmond Law Review
In 1987, Virginia's General Assembly enacted the Virginia Birth-Related Neurological Injury Compensation Act (the Act). Although there is a dearth of official legislative history for the Act, newspaper reports provide some insight as to the intended purpose and scope. Reportedly, the Act was a response to medical malpractice insurers' refusal to provide coverage for obstetricians. Proponents of the Act feared critical shortages of obstetrical services if action was not taken to ensure the availability of liability insurance.
Does Garcia Preclude An Eleventh Amendment Affirmative Limitation On The Congress's Commerce Clause Power?, Joseph John Jablonski Jr.
Does Garcia Preclude An Eleventh Amendment Affirmative Limitation On The Congress's Commerce Clause Power?, Joseph John Jablonski Jr.
University of Richmond Law Review
The recent eleventh amendment decisions of Welch v. Texas Department of Highways & Public Transportation and Atascadero State Hospital v. Scanlon suggest that the eleventh amendment can affirmatively limit Congress's commerce clause power. However, Garcia v. San Antonio Metropolitan Transit Authority broadly overrules the tenth amendment case of National League of Cities v. Usery, and appears to remove any theoretical foundation for such a limit. Professor Brown, a recent convert to the "congressional supremacist" view, established by Professors Nowak and Tribe, argues that in the aftermath of Garcia all the states have left is "process with a bite, despite any …
The Constitutional Attack On Virginia's Medical Malpractice Cap: Equal Protection And The Right To Jury Trial, M. Margaret Branham Kimmel
The Constitutional Attack On Virginia's Medical Malpractice Cap: Equal Protection And The Right To Jury Trial, M. Margaret Branham Kimmel
University of Richmond Law Review
Since its enactment, Virginia's statute limiting medical malpractice awards has spawned questions concerning its constitutionality. In response to the alleged insurance crisis of the 1970's, many state legislatures passed statutes designed to slow the rising costs of liability insurance. With such statutes already enacted in many jurisdictions, the insurance and health care industries claim that another malpractice insurance crisis exists today. While that may be true in some parts of the country and within some medical specialties, the problem originally was not as severe in the state of Virginia. Today, it is still not as severe in Virginia as it …
Lowe V. Sec: Investment Advisors Act Of 1940 Clashes With First Amendment Guarantees Of Free Speech And Press, Stacy P. Thompson
Lowe V. Sec: Investment Advisors Act Of 1940 Clashes With First Amendment Guarantees Of Free Speech And Press, Stacy P. Thompson
University of Richmond Law Review
In the wake of mounting controversy over whether federal securities laws can withstand first amendment scrutiny, the United States Supreme Court granted certiorari in Lowe v. SEC to consider whether the first amendment prohibits an injunction against publication and distribution of an investment advisory newsletter by an unregistered investment advisor. However, the Court bypassed this constitutional question, and instead adopted a statutory construction of the Investment Advisers Act of 1940 (the "Act") that excluded Lowe's newsletters as "bonafide financial publications" of general circulation under section 80(b)- 2(a)(11)(D). The majority ruled that the petitioners were not investment advisers, and therefore did …
To Bare Or Not To Bare: The Constitutionality Of Local Ordinances Banning Nude Sunbathing, Richard B. Kellam, Teri Scott Lovelace
To Bare Or Not To Bare: The Constitutionality Of Local Ordinances Banning Nude Sunbathing, Richard B. Kellam, Teri Scott Lovelace
University of Richmond Law Review
One of America's favorite and most popular summertime activities is sunbathing. Millions of Americans enjoy this recreational pastime each year. Sunbathing is a form of relaxation shared by all people, regardless of economic or social status in society. In recent years, the social nudism movement has grown and gained considerable support. One statistic boasts that approximately thirty-three million people have, at some time in their lives, engaged in social nudism in one form or another. As a result of this growth, nudist groups have become highly organized national associations with local chapters throughout the country. It is through these national …
Double Jeopardy And The Commonwealth's Right To Writs Of Error In Criminal Cases, Roger D. Scott
Double Jeopardy And The Commonwealth's Right To Writs Of Error In Criminal Cases, Roger D. Scott
University of Richmond Law Review
In the 1986 legislative session, the Virginia General Assembly attempted to produce a constitutional amendment designed to expand the right of Commonwealth's Attorneys to appeal criminal cases. The Virginia Constitution prohibits appeals by the commonwealth in criminal cases in which the accused might be sentenced to death or imprisonment, unless the case involves state revenue. Advocates of an amendment to expand prosecutorial appeals have never fully explained the historical context of the prohibition against such appeals and their complex relationship to other constitutional, statutory, and common law provisions. The subject of prosecutorial appeals involves such fundamental legal issues as former …
The Validity Of Court-Ordered Employment Quotas: A Statutory And Constitutional Analysis, Paul E. Mirengoff
The Validity Of Court-Ordered Employment Quotas: A Statutory And Constitutional Analysis, Paul E. Mirengoff
University of Richmond Law Review
Although Title VII of the Civil Rights Act of 1964 has produced more than its share of difficult legal and moral issues, none has sparked more controversy than the question of the validity of hiring and promotion quotas. This issue has fueled continuous debate in the popular press and in scholarly journals. It has long divided former allies in the fight for civil rights legislation, and has even divided the two government agencies charged with primary responsibility for enforcing anti-discrimination laws, the Department of Justice and the Equal Employment Opportunity Commission (EEOC).
The Federal Court Across The Street: Constitutional Limits On Federal Court Assertions Of Personal Jurisdiction, Pamela J. Stephens
The Federal Court Across The Street: Constitutional Limits On Federal Court Assertions Of Personal Jurisdiction, Pamela J. Stephens
University of Richmond Law Review
Twenty years ago, in a clear break with accepted theory, it was suggested that there were certain constitutional limitations on a federal court's authority to exercise personal jurisdiction. Such a departure from the traditional view might be expected to prompt an extensive examination of that issue by commentators. However, while assertions of personal jurisdiction by state courts have been the subject of intense scrutiny and ongoing constitutional refinements, this has not been the case regarding assertions of personal jurisdiction by federal courts. Generally, federal district courts sitting in diversity cases must look to personal jurisdiction limitations inherent in the state …
The Constitutionality Of The Feme Sole Estate And The Virginia Supreme Court's Creation Of An 'Homme Sole' Estate In Jacobs V. Meade, Maria Dill
University of Richmond Law Review
On April 27, 1984, the Virginia Supreme Court, in Jacobs v. Meade, was confronted with a constitutional challenge in the sensitive area of gender-based classifications. The object of the assault was the separate equitable estate, or feme sole estate. Historically, the feme sole estate was a method of holding property available exclusively to women. In Jacobs v. Meade, it was contended that since a man possessed no corresponding right to create a separate equitable estate, the feme sole estate was constitutionally defective on equal protection grounds.
Questions Surrounding Virginia's Death Penalty, James T. Lloyd Jr.
Questions Surrounding Virginia's Death Penalty, James T. Lloyd Jr.
University of Richmond Law Review
On August 10, 1982, Frank J. Coppola died in Virginia's electric chair. His was the fifth execution since the 1976 Supreme Court decision holding that a punishment of death was not unconstitutional per se. In the Commonwealth of Virginia, Coppola's was the first execution in over a decade.
The Impact Of Allstate Insurance Co. V. Hague On Constitutional Limitations On Choice Of Law, W. Clark Williams Jr.
The Impact Of Allstate Insurance Co. V. Hague On Constitutional Limitations On Choice Of Law, W. Clark Williams Jr.
University of Richmond Law Review
The development of constitutional limitations on choice of law by the United States Supreme Court has turned primarily on the due process clause and the full faith and credit clause of the United States Constitution. In theory at least, each constitutional provision rests upon separate grounds. The full faith and credit clause, as it applies to public acts, would compel a forum state under appropriate circumstances to honor the sovereignty of a foreign state in the federal system and to apply the law of the foreign state whose interests are sufficiently compelling. The due process clause limits the power of …
Academic Discretion And The Constitution: The Fundamentals For Public Higher Education, Paul J. Forch
Academic Discretion And The Constitution: The Fundamentals For Public Higher Education, Paul J. Forch
University of Richmond Law Review
Public institutions of higher education, their faculty, administra- tors, and board members have proven to be a fertile source for the civil rights litigator in the development of constitutional rights. Not surprisingly, education law reporters and journals are reporting increasing numbers of case decisions in the context of higher education. Yet, many educators suffer the mistaken notion that academic judgment is outside the scope of judicial review. While some judicial deference is given to academic discretion, it is by no means conclusive in the face of a constitutional challenge.
The Virginia Natural Death Act - A Critical Analysis, Janice G. Murphy
The Virginia Natural Death Act - A Critical Analysis, Janice G. Murphy
University of Richmond Law Review
The right to die with dignity is a controversial issue. In the absence of legislative guidance, court intervention is often necessary to protect a patient's right to the privacy of his own body. At the same time, courts must protect the state's interests in the preservation of life, the protection of innocent third parties, the prevention of suicide, and the ethical integrity of the medical profession.
The 1983 Abortion Decisions: Clarification Of The Permissible Limits Of Abortion Regulation, Laura Fox
The 1983 Abortion Decisions: Clarification Of The Permissible Limits Of Abortion Regulation, Laura Fox
University of Richmond Law Review
On June 15, 1983, the United States Supreme Court once again addressed the abortion issue, handing down its decisions in City of Akron v. Akron Center for Reproductive Health, Inc., Planned Parenthood Ass'n v. Ashcroft, and Simopoulos v. Virginia. The 1983 Abortion Decisions were an unequivocal reaffirmation of Roe v. Wade and the principle that a woman has a fundamental right to an abortion. On a higher level of analysis, these decisions are significant because they clarify how the Roe doctrine applies to procedural restrictions on abortion.
"Arbeit Macht Frei:" Vocational Rehabilitation And The Release Of Virginia's Criminally Insane, Daryl B. Matthews, Patrick J. Coyne
"Arbeit Macht Frei:" Vocational Rehabilitation And The Release Of Virginia's Criminally Insane, Daryl B. Matthews, Patrick J. Coyne
University of Richmond Law Review
The release from confinement of persons acquitted by reason of insanity is one of the most perplexing problems of the criminal law. The insanity acquittee's release confronts our deepest fears, and the procedures which society employes in this process force us to face the difficult and often intractable issue of the responsibility of the criminally insane.
H. L. V. Matheson: Can Parental Notification Be Required For Minors Seeking Abortions?, Gail Harrington Miller
H. L. V. Matheson: Can Parental Notification Be Required For Minors Seeking Abortions?, Gail Harrington Miller
University of Richmond Law Review
The extent to which a state can constitutionally legislate concerning abortion has been debated and litigated since the Supreme Court rendered its controversial Roe v. Wade decision which recognized that a woman's fundamental right to privacy under the Constitution encompasses the decision whether or not to terminate her pregnancy. The constitutional questions become more complicated when the state regulates a minors access to abortion due to the unique status of female minors. Although such minor's are biologically capable of conception and childbirth, they are also potentially vulnerable and lack maturity in making informed choices regarding critical matters, such as whether …
Judicial Restraining Orders And The Media: Does It Really Matter Who Is Gagged?, James M. Jennings Ii
Judicial Restraining Orders And The Media: Does It Really Matter Who Is Gagged?, James M. Jennings Ii
University of Richmond Law Review
Writing in Bridges v. California, Justice Hugo Black observed forty years ago that "free speech and fair trials are two of the most cherished policies of our civilization, and it would be a trying task to choose between them." And yet, these constitutionally guaranteed rights have been in conflict since at least 1807.
Search And Seizure Of Containers Found In Automobiles: The Supreme Court Struggles For A "Bright Line" Rule, James M. Mccauley
Search And Seizure Of Containers Found In Automobiles: The Supreme Court Struggles For A "Bright Line" Rule, James M. Mccauley
University of Richmond Law Review
Two recent decisions by the United States Supreme Court have added a new dimension to the law of search and seizure of automobiles and containers found within motor vehicles. The plurality opinion in Robbins v. California'held that a closed opaque container found in the luggage compartment of a station wagon during the course of a lawful vehicle search could not be seized without a warrant. However, in New York v. Belton, a majority held that a police officer, incident to a lawful custodial arrest of an occupant of an automobile, may search the passenger compartment of that automobile and examine …
Doe V. Doe: Destroying The Presumption That Homosexual Parents Are Unfit- The New Burden Of Proof, Gary L. Caldwell
Doe V. Doe: Destroying The Presumption That Homosexual Parents Are Unfit- The New Burden Of Proof, Gary L. Caldwell
University of Richmond Law Review
In a recent decision concerning adoption, the Virginia Supreme Court declined "to hold that every lesbian mother or homosexual father is per se an unfit parent." This finding was apparently at odds with Virginia statutes outlawing marriages between members of the same sex and making it a criminal offense to engage in a homosexual relationship. In rejecting the trial court's use of a conclusive legal presumption that homosexuality is tantamount to a parent's unfitness, the justices closely examined the effects of the appellant's lesbianism upon her son to "determine whether the consequences of harm to the child of allowing the …
Double Jeopardy And The Virginia Supreme Court: Three Approaches To Multiple Punishment, Jane S. Glenn
Double Jeopardy And The Virginia Supreme Court: Three Approaches To Multiple Punishment, Jane S. Glenn
University of Richmond Law Review
The double jeopardy clause of the fifth amendment of the United States Constitution affords three primary protections. First, the clause protects against a second prosecution for the same offense after acquittal. Secondly, it protects against a second prosecution for the same offense after conviction. Thirdly, the clause prohibits the imposition of multiple punishment for a single offense. Although the double jeopardy principle has roots in antiquity, it may be one of our least understood constitutional protections. This comment will focus on the third protection of double jeopardy as it has been developed by the United States Supreme Court and recently …
Constitutional And Statutory Challenges To Local At-Large Elections, Timothy G. O'Rourke
Constitutional And Statutory Challenges To Local At-Large Elections, Timothy G. O'Rourke
University of Richmond Law Review
On April 22, 1980, in City of Mobile v. Bolden the United States Supreme Court upheld the constitutionality of at-large elections for the three-member city commission in Mobile, Alabama. In so doing, the Court reversed the judgment of the Fifth Circuit Court of Appeals that Mobile's at-large plan impermissibly diluted the electoral influence of black voters in violation of the fourteenth and fifteenth amendments to the Constitution. The Supreme Court's decision in Bolden [I] emerged from a sharply divided court. A six-person majority in the case consisted of four justices-Stewart, Burger, Powell, and Rehnquist-who joined in a plurality opinion; Justice …
Transforming The Privately Owned Shopping Center Into A Public Forum: Pruneyard Shopping Center V. Robins, James M. Mccauley
Transforming The Privately Owned Shopping Center Into A Public Forum: Pruneyard Shopping Center V. Robins, James M. Mccauley
University of Richmond Law Review
A recent Supreme Court decision has affirmed a state's choice to provide its citizens access to privately owned shopping centers for the purpose of exercising free speech and petition rights. The United States Supreme Court in Pruneyard Shopping Center v. Robins held that state consitutional provisions permitting individuals to exercise free speech and petition rights on private shopping center property do not violate the shopping center owner's property rights under the fifth and fourteenth amendments or his free speech rights under the first and fourteenth amendments. There exists a delicate balance between the competing in- terests of the shopping center …
Non-Jury Trial Of Civil Litigation: Justifying A Complexity Exception To The Seventh Amendment, Barrett E. Pope
Non-Jury Trial Of Civil Litigation: Justifying A Complexity Exception To The Seventh Amendment, Barrett E. Pope
University of Richmond Law Review
The seventh amendment to the United States Constitution states that "[i]n Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved."' When Congress enacted the Federal Rules of Civil Procedure, the right to jury trial at common law remained undisturbed.
Godfrey V. Georgia: Possible Effects On Virginia's Death Penalty Law, S. Vernon Priddy Iii
Godfrey V. Georgia: Possible Effects On Virginia's Death Penalty Law, S. Vernon Priddy Iii
University of Richmond Law Review
Virginia permits imposition of the death penalty for capital murder only after a bifurcated trial in which the jury has found the defendant guilty of the crime and, in a separate proceeding, determined death to be the appropriate penalty. In the second half of this process, the jury must find at least one of the two aggravating circumstances set out by statute' before a death sentence is imposed.
Broadening Access To The Courts And Clarifying Judicial Standards: Sex Discrimination Cases In The 1978-1979 Supreme Court Term, Janice M. Hamilton, Janine S. Hiller, Joyce Ann Naumann, Barbara H. Vann
Broadening Access To The Courts And Clarifying Judicial Standards: Sex Discrimination Cases In The 1978-1979 Supreme Court Term, Janice M. Hamilton, Janine S. Hiller, Joyce Ann Naumann, Barbara H. Vann
University of Richmond Law Review
During the 1978-79 Term of the Supreme Court, sex discrimination continued to be an area of active judicial concern, with the Court deciding eight cases alleging unlawful sex discrimination. The purpose of this note is to present the Court's holdings and its rationale in these decisions, to analyze the significance of the decisions in view of the Court's past rulings, and to suggest possible implications for future sex discrimination cases.