Constitutional Law Commons^™

Domestic Relations—Arkansas Supreme Court Defines Marital Property To Include Future Pension Benefits, Roger L. Morgan

University of Arkansas at Little Rock Law Review

No abstract provided.

One Person-One Vote Round Iii: Challenges To The 1980 Redistricting, Robert J. Van Der Velde

Cleveland State Law Review

Ever since the United States Supreme Court entered the "political thicket" of redistricting and reapportionment courts and legislatures have been struggling with issues relating to the Court's mandate of "one person, one vote." The re-drawing of congressional and legislative district boundaries after the 1980 census was only the third time that district boundaries have been drawn according to the Supreme Court's mandate of "one person-one vote." This Article discusses the legal requirements of one person-one vote and the continuing evolution of the legal standards in this area. Part II analyzes the evolution of one person-one vote doctrine in the Supreme …

Inequality In Marital Liabilities: The Need For Equal Protection When Modifying The Necessaries Doctrine, Debra S. Betteridge

University of Michigan Journal of Law Reform

This Note contends that the "primary/secondary" modification is unconstitutional because it ignores the husband's equal protection rights while unlawfully stigmatizing women as dependent. Part I discusses how the growing independence of women has led courts to modify the common law doctrine. Part II develops the test that the Supreme Court would apply in judging the constitutionality of any modification of the doctrine. Part III applies this test to the "primary/secondary" modification and concludes that the modification is unconstitutional and, therefore, not a legitimate reformation of the common law necessaries doctrine.

Constitutional Law—Equal Protection And School Funding In Arkansas, Mark Allison

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Due Process—Arkansas' Sunday Closing Law Is Declared Unconstitutionally Vague, Charles L. Kennon Iii

University of Arkansas at Little Rock Law Review

No abstract provided.

Old Macdonald (Inc.) Has A Farm... Maybe Or Nebraska's Corporate Farm Ban: Is It Constitutional, Roger D. Colton

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Due Process—Equal Protection—Exclusion Of Females From Registration For Draft Not Violative Of Fifth Amendment, Neil Deininger

University of Arkansas at Little Rock Law Review

No abstract provided.

State Prohibitions On Employment Opportunities For Resident Aliens: Legislative Recommendations , Joy B. Peltz

Fordham Urban Law Journal

Resident aliens in the United States are afforded important privileges, such as residing in the United States indefinitely, and seeking employment here. Nevertheless, resident aliens are denied certain job opportunities in states that require United States citizenship as a prerequisite to public employment, or professional or occupational licenses. The Constitutionality of this exclusion has been challenged on equal protection grounds, most recently, by the Supreme Court in Cabell v. Chavez-Salido. In this case, the Court upheld the constitutionality of a California statute, restricting a deputy probation officer position to United States citizens. This case has been hailed as precedent for …

Constitutional Law - Equal Protection - Arkansas' Gender-Based Statutes On Dower, Election, Statutory Allowances, And Homestead Are Unconstitutional, Mary Jane Pruniski

University of Arkansas at Little Rock Law Review

No abstract provided.

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).

Equal Protection For Illegitimate Children: A Consistent Rule Emerges, Scott E. Isaacson

BYU Law Review

No abstract provided.

Davis V. Page, 442 F. Supp. 258 (S.D. Fla. 1977), K. Dian Fedak

Florida State University Law Review

Constitutional Law-JUVENILE DEPENDENCE PROCEEDINGS-CRITICAL STAGES ANALYSIS USED IN CRIMINAL PROCEEDINGS GOVERNS TIMING OF RIGHT TO COUNSEL IN CHILD DEPENDENCY HEARINGS

Alimony For Men -- The Changing Law, Pamela Joy Smith

Florida State University Law Review

No abstract provided.

Fullilove V. Klutznick (Formerly Kreps), Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Rewriting Roe V. Wade, Donald H. Regan

Articles

Roe v. Wade is one of the most controversial cases the Supreme Court has decided. The result in the case - the establishment of a constitutional right to abortion - was controversial enough. Beyond that, even people who approve of the result have been dissatisfied with the Court's opinion. Others before me have attempted to explain how a better opinion could have been written. It seems to me, however, that the most promising argument in support of the result of Roe has not yet been made. This essay contains my suggestions for "rewriting" Roe v. Wade

The Unwed Father: Conflict Of Rights In Adoption Proceedings, Winston R. Davis

Florida State University Law Review

No abstract provided.

Family Law–Divorce–Constitutionality Of Arkansas Property Settlement And Alimony Statutes, Gordon W. Hawthorne

University of Arkansas at Little Rock Law Review

No abstract provided.

The Courts, Congress, And Educational Adequacy: The Equal Protection Predicament, Betsy Levin

Maryland Law Review

No abstract provided.

Comparative Negligence Versus The Constitutional Guarantee Of Equal Protection: A Hypothetical Judicial Decision, Daniel O. Conkle, Claude R. Sowle

Articles by Maurer Faculty

No abstract provided.

Some Thoughts On Judicial Authority To Repair Unconstitutional Legislation, Ruth Bader Ginsburg

Cleveland State Law Review

Among governing institutions, the judiciary has been described as "the least dangerous branch."' Courts in our system have the awesome power to declare laws unconstitutional, but judges command no troops, and are said to lack the power of the purse. My remarks address a facet of the purse power supposition: When a legislative product is constitutionally infirm because it is under inclusive, what remedies lie within the judicial province? Discussion will focus on the question whether a court may order inclusion of a category of persons left out by the legislature, a question particularly pointed when the court's inclusion order …

Recent Cases, James S. Hutchinson, James R. Newson, Iii, Andrew W. Byrd, Judith Mi. Janssen, John E. Tavss

Vanderbilt Law Review

Civil Procedure--Attorney-Client Privilege-- Privilege Protects Communications Made by Corporate Employee To Secure Legal Advice and a Matter Committed to a Professional Legal Advisor Is Prima Facie Committed To Secure Legal Advice

James S. Hutchinson

attorney-client privilege, the "predominance" test, legal activities

In summary, courts have not yet resolved how to determine who may qualify as the corporate client for purposes of the attorney-client privilege...

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Constitutional Law-- Confrontation Clause-Admission at Trial of Slain Informant's

Prior Grand Jury Testimony Against Defendants Does …

Spooner V. Askew, 345 So. 2d 1055 (Fla. 1976), Charles A. Johnson

Florida State University Law Review

Ad Valorem Taxation- RATIFICATION OF FLORIDA'S AD VALOREM TAX STRUCTURE: REJECTION OF AN EQUAL PROTECTION CHALLENGE.

Village Of Arlington Heights V. Metropolitan Housing Development Corp., 97 S. Ct. 555 (1977), Karen K. Kinkennon

Florida State University Law Review

Zoning- DISCRIMINATORY INTENT MUST BE PROVED BEFORE COURTS MAY REACH FOURTEENTH AMENDMENT EQUAL PROTECTION ISSUES.

Constitutional Law: Equal Protection: Martinez V. Santa Clara Pueblo--Sexual Equality Under The Indian Civil Rights Act, Andra Pearldaughter

American Indian Law Review

No abstract provided.

The Enduring Significance Of Neutral Principles, Kent Greenawalt

Faculty Scholarship

Almost twenty years have passed since Herbert Wechsler delivered his Oliver Wendell Holmes lecture, Toward Neutral Principles of Constitutional Law. Although no one piece fully conveys the richness and rigor of Professor Wechsler's conception of constitutional law and the role of the judiciary, Neutral Principles sets out starkly, eloquently, and courageously some of his fundamental beliefs about constitutional decisionmaking. Shifts in jurisprudential fashion, as well as marked changes in constitutional doctrine and the composition of the Supreme Court, would make this an apt time to review what is almost certainly the most cited and most controversial discussion of constitutional …

Article 1, Section 21: Access To Courts In Florida, Judith Anne Bass

Florida State University Law Review

No abstract provided.

Housing For The Elderly: Constitutional Limitations And Our Obligations, Ed Stafman

Florida State University Law Review

No abstract provided.

Judicial Protection Of Minorities, Terrance Sandalow

Articles

In United States v. Carolene Products Co., Justice Stone suggested by indirection that there "may be narrower scope for operation of the presumption of constitutionality" when courts are called upon to determine the validity "of statutes directed at particular religious . . . or national . . . or racial minorities."' In such cases, he explained, "prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry."' Forty years later, …

The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun

Publications

No abstract provided.

Constitutional Rights And Land Use Planning: The New And The Old Reality, Robert R. Wright

Law Faculty Scholarship

No abstract provided.