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Articles 211 - 240 of 266
Full-Text Articles in Constitutional Law
Constitutional Law-Civil Rights-Standard For Relief In Racial Discrimination Cases Requires A Showing Of Discriminatory Intent, T. Keith Fogg
Constitutional Law-Civil Rights-Standard For Relief In Racial Discrimination Cases Requires A Showing Of Discriminatory Intent, T. Keith Fogg
University of Richmond Law Review
When Congress passed Title VII of the Civil Rights Act of 1964, it did not extend the coverage of the Act to public employers. Consequently, the Griggs v. Duke Power Co. decision in 1971 created the anomalous situation that private employers were held to a tougher standard of scrutiny with respect to racial considerations in their hiring procedures under Title VII than were public employers under the Constitution. This curious development in the relationship between public employment and Title VII caused many courts to alter their standards for equal protection violations in the early 1970's. In the realm of public …
Constitutional Law- Civil Rights- Private Schools Prohibited From Excluding Qualified Children Solely Because They Are Black, Craig S. Cooley
Constitutional Law- Civil Rights- Private Schools Prohibited From Excluding Qualified Children Solely Because They Are Black, Craig S. Cooley
University of Richmond Law Review
All major school desegregation decisions through 1975 involved "public" schools, and were based on provisions of the fourteenth amendment. This constitutional remedy, however, requires the presence of "state action" before being triggered. Commencing with the Supreme Court's earliest public school desegregation decisions, and accelerating with the finding of affirmative duties of southern school districts to desegregate, private educational institutions following racially exclusionary admittance policies were founded. Such private discrimination generally has been considered to be beyond the scope of the fourteenth amendment. Moreover, parents that patronize such institutions have sought support in Supreme Court cases which confer constitutional protection upon …
Constitutional Law-Double Jeopardy-Misdemeanor Conviction At Preliminary Hearing Held A Bar Ta Subsequent Felony Prosecution Upon Double Jeopardy Principlus
University of Richmond Law Review
The Virginia Constitution provides: "That in criminal prosecutions a man . . . shall not . . . be put twice in jeopardy for the same offense." This prohibition against double jeopardy is also embodied in the United States Constitution, as well as having been established at common law. However, what constitutes the same offense has proven to be a source of difficulty when applied to a particular case.
Constitutional Law-Due Process-Ex Parte Seizure Of Secured Property Under Judicial Supervision Held Not To Violate Due Process
University of Richmond Law Review
Summary creditor remedies have come under increasing attack in recent years. The major question has been whether prejudgment seizures of secured property comport with procedural due process. The United States Supreme Court, in Fuentes v. Shevin, had apparently settled the question by holding that procedural due process requires notice to the debtor and an opportunity to be heard before a state authorizes its agents to seize property from him on the application of another.
Constitutional Law- Due Process- All But Minimal Procedural Due Process Safeguards Held Inapplicable At In-Prison Disciplinary Proceedings
University of Richmond Law Review
Inmates in penal institutions have historically been afforded less than the full panoply of procedural rights which the federal courts have guaranteed in criminal proceedings. The traditional attitude that constitutional rights were left outside the prison gate eventually gave way to a recognition that some fundamental substantivedue process rights are retained by prisoners. Because of an unwillingness to risk possible impairment of security and order by overburdening officials with procedural matters, the judiciary fashioned a "hands-off" doctrine as to proceduraldue process rights. This doctrine precluded judicial review of prison disciplinary action absent a showing that the action violated the eighth …
Constitutional Law-Equal Protection-Reimbursement Of Appointed Counsel Fees As A Condition Of Probation Held Not Violative Of The Equal Protection Clause
University of Richmond Law Review
Every defendant facing criminal prosecution that may result in imprisonment is guaranteed the right to counsel. The Supreme Court has required appointed counsel for indigents in widening classes of cases and at different stages of prosecution. This trend has increased the burden on public revenues, and many states, in an effort to recover some of the costs, have enacted recoupment statutes. Several state courts have expressed unfavorable opinions as to the constitutionality of these statutes. The first Supreme Court decision to focus on a state recoupment statute struck it down as violative of the equal protection clause.
Constitutional Law-Equal Protection-Federal Court Cannot Order Multi-School District Remedy For Single District De Jure Segregation Absent An Interdistrict Violation
University of Richmond Law Review
The landmark decision of Brown v. Board of Education held that the equal protection clause of the fourteenth amendment prohibited a state from maintaining racially segregated public schools. After years of attempted but ineffective implementation of the mandate of Brown I, the Supreme Court attacked the issue with vigor in the late 1960's. State and local authorities-were placed under an affirmative duty to convert to a unitary school system which promised to work immediately towards the elimination of the discrimination inherent in state compelled dual school systems.
Constitutional Law-Civil Rights-Absent State Involvement, Right Of Association Not Protected By 42 Usc § 1985(3)
University of Richmond Law Review
42 U.S.C. § 1985(3) was enacted' to curtail the Ku Klux Klan's terrorist activities in the South by prohibiting conspiracies to deprive any person "of the equal protection of the laws, or of equal privileges and immunities under the laws. . . ." From its inception, the major controversy has concerned whether the statute requires an element of state action. The first judicial statement construed the statute as reaching only conspiracies carried out under color of state law. Twenty years later, a unanimous Supreme Court found the statute to "fully encompass the conduct of private persons" attempting to deprive an …
Constitutional Law-Termination Of Utility Services For Nonpayment Of Bill Without A Hearing Does Not Violate Due Process Clause Of Fourteenth Amendment
University of Richmond Law Review
Present governmental regulation of public utilities can be traced back to early English common law which imposed duties and obligations upon those who performed vital public services. Two theories justified the imposition of these controls. The first focused on the monopoly status of the regulated business, while the second relied on the "public calling" aspect of the enterprise. Today under the judicial power almost every state has a public utility commission which imposes a wide range of controls over the production and delivery of utility services. This can have far-reaching consequences because the due process clause of the fourteenth amendment …
State Legislative Ratification Of Federal Constitutional Amendments: An Overview, Philip L. Martin
State Legislative Ratification Of Federal Constitutional Amendments: An Overview, Philip L. Martin
University of Richmond Law Review
Article V of the United States Constitution sets out the amend- ment procedure, which consists of two stages, proposal and ratification. Each stage, in turn, offers two alternative procedures which can be interchanged to provide four means of effecting constitutional alteration. An amendment may be proposed either by a two-thirds vote of each house of Congress or by a national convention assembled upon proper application by the legislatures of two-thirds of the states; and an amendment may be ratified, as Congress decides, either by three-fourths of the state legislatures or by conventions in three-fourths of the states. To date, the …
Constitutional Law-Equal Protection-Failure To Appoint Counsel On Discretionary Appeals Held Not Violative Of Fourteenth Amendment
University of Richmond Law Review
An indigent defendant in a state criminal prosecution is guaranteed the right to appointed counsel. The boundaries of this right, however, have yet to be fully developed. For instance, the right to counsel on appeal has developed in stages. Initially, the indigent criminal defendant successfully attacked state statutes establishing filing fees or other financial prerequisites which denied him access to the appellate level. Soon the Supreme Court clarified its position on such discriminatory statutes by specifically extending the right to proceed in forma pauperisto discretionary appeals. The indigent attempted to extend the Court's reasoning in the filing fee cases to …
Constitutional Law-Criminal Law-Criminal Prosecution Subsequent To Juvenile Court Adjudicatory Hearing Constitutes Double Jeopardy
University of Richmond Law Review
In the late nineteenth century, the juvenile court system was established in this country to deal with youths who had committed criminal offenses, were likely to do so, or were otherwise in need of state supervision. Contrary to the criminal system, the juvenile courts began with articulated goals of treatment and rehabilitation. In theory, the state, acting through the juvenile system and under the doctrine of parens patriae, would shield the juvenile from the harsh reality of the criminal courts by placing him within a paternalistic judicial framework with a vast spectrum of remedies and a minimum of procedural formalities.
School Desegregation In Richmond: A Case History, Gary C. Leedes, James M. O'Fallon
School Desegregation In Richmond: A Case History, Gary C. Leedes, James M. O'Fallon
University of Richmond Law Review
The story of judicially administered school desegregation in Richmond is the story of Bradley v. School Board of the City of Richmond. It began modestly with a district court decree which granted the individual claims of ten named plaintiffs but denied injunctive relief to the class. Eleven years later it approached landmark status, with a district court decree directing consolidation of the Richmond schools with those of surrounding Henrico and Chesterfield counties. However, the landmark was not to be. The Fourth Circuit reversed the district court's decree, and an evenly divided Supreme Court affirmed by default. Richmond was left in …
Constitutional Law- Prejudgment Self-Help Repossession Of Secured Property Held Not To Violate Due Process
University of Richmond Law Review
The fourteenth amendment to the United States Constitution guarantees that no state shall deprive any person of property without due process of law. Whenever a state is directly involved in the prejudgment repossession of secured property, the debtor's due process rights are clearly violated. But creditors have awaited judicial determinations defining state involvement. The states Uniform Commercial Code statutes allow private repossessions of secured property without giving the defaulting debtor prior notice or the opportunity for a hearing. There is disagreement over whether such explicit authorization by state statutes constitutes sufficient state involvement to be in violation of the fourteenth …
Busing To Desegregate Schools: The Perspective From Congress, Hugh Scott
Busing To Desegregate Schools: The Perspective From Congress, Hugh Scott
University of Richmond Law Review
The controversy over transporting pupils to desegregate schools or "busing" as the issue popularly is known, is the narrowest and perhaps most limited aspect of school desegregation. Yet, it threatens to undo school desegregation completely unless the issue is re- solved in a way which will permit continued desegregation of schools accompanied by the understanding and support of the majority of people of all races.
Constitutional Law- Hatch Act- Time For Reevaluation?
Constitutional Law- Hatch Act- Time For Reevaluation?
University of Richmond Law Review
The initial attempt at restricting the political activities of federal em- ployees appears to have been the establishment of the U. S. Civil Service Commission. When the Commission failed as a strong enough deterrent to political activity, an amendment of § 1 of Civil Service Rule I was approved to tighten the reigns on members of the competitive classified service. Finally, in the wake of the political campaigns of 1936 and 1938, the Hatch Political Activity Act was introduced as a prohibition against participation by federal government employees in political management or campaigning.
Constitutional Law- Freedom Of Speech- Withdrawal Of Funds From College Newspaper Advocating Segregationist Policy Deemed Violative Of First And Fourteenth Amendment
University of Richmond Law Review
Modern courts have consistently held that the rights of free speech and press provided for in the first amendment are fundamental rights protected by the due process clause of the fourteenth amendment from abridgment by the states. Student expression has been the target of much recent litigation and has prompted increased Supreme Court concern over constitutional aspects of public school administration. The central controversy has developed into a question of how much freedom should be given to a generation that delights in exploring the "limits of institutional response." One of the most piercing probes has been the campus newspaper which …
Constitutional Law- Obscenity Redefined
Constitutional Law- Obscenity Redefined
University of Richmond Law Review
When Sir Charles Sidlye exhibited himself nude on a balcony in 1663, he undoubtedly did not know his eccentric conduct would foreshadow what has become one of the most troublesome areas of constitutional law. The failure of the Supreme Court to provide clear constitutional guidelines for anti-obscenity legislation has occasioned confusion among state and federal authorities, has precipitated a flood of litigation burdening the Court with the task of reviewing a mass of sexually explicit materials to determine what is and is not obscene, and has engendered widespread criticism of the Court's policy in this area of law.
Constitutional Law- Commercial Speech Doctrine: Ordinance Prohibiting Newspaper From Printing Sex-Designated Employment Advertising Held Constitutional
University of Richmond Law Review
Newspapers generally provide sex-designated sections for help wanted advertisements, and only in recent years has the law focused its attention upon the practice. Federal law prohibits the use of these designated sections where sex is not a bona fide occupational qualification. While the courts have upheld the civil prosecution of employers under this law, they have found newspapers to be specifically exempt from its application, a conclusion supported by legislative history.
Constitutional Law- Mandatory Maternity Leave For Public School Teachers Does Not Violate Equal Protection Clause
University of Richmond Law Review
The fourteenth amendment permits states to enact laws affecting some groups or citizens differently from others unless the group or citizen classification is for reasons wholly irrelevant to the objective sought by the state in enacting the regulation. In the context of sex discrimination, the United States Supreme Court only recently found a classification based on sex to be in violation of the equal protection clause. The Court's decision represents the beginning of a judicial assault on sex discrimination, conforming to modern social trends in this area.
Constitutional Law- Rebuttable Statutory Presumption Of Student Non-Residency Held Violative Of Due Process Clause Of Fourteenth Amendment
University of Richmond Law Review
In the past the durational residence requirement has been subject to constitutional challenge under the equal protection clause of the fourteenth amendment. When coupled with an irrebuttable statutory presumption of non-residency as in Vlandis v. Kline, the durational residence requirement displays a further fourteenth amendment vulnerability-the contravention of procedural due process.
The General Assembly And Local Government: Legislating A Constitution 1969-1970, Jack Spain Jr.
The General Assembly And Local Government: Legislating A Constitution 1969-1970, Jack Spain Jr.
University of Richmond Law Review
Counties, cities, towns, sanitary districts and authorities-these are the building blocks of the Commonwealth of Virginia. The operations of these units directly affect the day-to-day activities of every Virginian. The Virginia Constitutional Revision Commission (the Commission), in proposing its recommended changes to the Virginia Constitution of 1902, therefore, considered the area of local government most carefully. Its recommendations contained in Article VII of the proposed Revised Constitution of 1971, set forth in the Commission's Report. When the proposed Constitution was considered by the General Assembly in the special session of 1969 before its final adoption by the General Assembly and …
Constitutional Revision: Virginia And The Nation, A.E. Dick Howard
Constitutional Revision: Virginia And The Nation, A.E. Dick Howard
University of Richmond Law Review
For about a quarter of a century-from the 1920's into the 1940's-no American state adopted a new constitution. By midcentury, however, interest in revising these fundamental laws had burgeoned. So widespread was the movement for constitutional revision that by 1970 a leading student of the subject commented that there was at that time "more official effort directed toward revising and rewriting state constitutions than at any time in the nation's history with the possible exception of the Civil War and Reconstruction era."
New Looks At An Ancient Writ: Habeas Corpus Reexamined, Andrew P. Miller, Robert E. Shepherd Jr.
New Looks At An Ancient Writ: Habeas Corpus Reexamined, Andrew P. Miller, Robert E. Shepherd Jr.
University of Richmond Law Review
The traditional characterization of the writ of habeas corpus as an original ... civil remedy for the enforcement of the right to personal liberty, rather than as a stage of the state criminal proceedings or as an appeal therefrom . . . cannot be permitted to defeat the manifest federal policy that federal constitutional rights of personal liberty shall not be denied without the fullest opportunity for plenary federal judicial review.
Constitutional Law- Freedom Of The Press- Virginia Recognizes A Newsman's Qualified First Amendment Privilege Of Confidentiality Of Information And Identity Of Source
University of Richmond Law Review
The first amendment to the United States Constitution guarantees our basic freedoms of speech and press. In recent years newsmen have been subpoenaed with increasing frequency to testify before grand juries, legislative committees, administrative hearings and in criminal and civil cases. When subpoenaed they have argued that the first amendment is a shield which protects them from compelled disclosure of confidential information and identity of source
Disparity In Financing Public Education: Is There An Alternative To Rodriguez?
Disparity In Financing Public Education: Is There An Alternative To Rodriguez?
University of Richmond Law Review
Revenues necessary to fund public education are generated by a system of school financing in general use throughout the United States. Basically, funds are derived from three sources: federal aid, state aid, and some form of local ad valorem tax on property, as determined by assessed values. Even though the percentages supplied by each source vary from jurisdiction to jurisdiction, each system appears to have one common denominator- a major portion of its operating fund is supplied by taxation of property situated within the school district or local unit of government. Obviously, a district with high property values can generate …
Constitutional Law-Search And Seizure-No Knock Entry Held Reasonable In Virginia When Exigencies Present
University of Richmond Law Review
The fourth amendment to the United States Constitution, an express proclamation of the citizens' indefeasible right against unreasonable searches and seizures, has now been held fully applicable to state searches and seizures through the due process clause of the fourteenth amendment. Neither the fourth amendment to the United States Constitution nor any law in Virginia expressly requires those persons performing a search to "announce" their presence, identity, or purpose prior to making their entry for a valid search. Despite the absence of an express requirement of announcement before entry, the early common law in England and subsequent case law in …
The Cumulation Of The Abortion Reform Movement
The Cumulation Of The Abortion Reform Movement
University of Richmond Law Review
We forthwith acknowledge our awareness of the sensitive and emotional nature of the abortion controversy, of the vigorous opposing views, even among physicians, and of the deep and seemingly absolute convictions that the subject inspires. One's philosophy, one's experiences, one's exposure to the raw edges of human existence, one's religious training, one's attitudes toward life and family and their values, and the moral standards one establishes and seeks to observe, are all likely to influence and to color one's thinking and conclusions about abortion.
Constitutional Law - Search And Seizure - Magnetometer As Search
Constitutional Law - Search And Seizure - Magnetometer As Search
University of Richmond Law Review
As a result of the great number of airborne hijackings and in an attempt to prevent them, the United States Government has developed a "system for discouraging and apprehending potential hijackers" that includes the use of a metal detecting device known as a magnetometer. The constitutional validity of the use of this device recently has been questioned in regard to the fourth amendment right against unreasonable searches and seizures in the case of Epperson v. United States.
Constitutional Law-Utility Shutoffs-A Violation Of Due Process Under Color Of State Law?
Constitutional Law-Utility Shutoffs-A Violation Of Due Process Under Color Of State Law?
University of Richmond Law Review
Past judicial decisions concerning the right of a private utility to terminate-service for nonpayment of bills have consistently favored the utility. Yet victims of shutoffs, whether poor or merely outraged and inconvenienced, continue to attack shutoff actions through the regulatory commissions, legislation, and the courts. Their efforts have met with failure in all forums.