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Fifth Amendment

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Institution
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Articles 361 - 390 of 468

Full-Text Articles in Constitutional Law

Constitutional Law - Due Process Clause - Where New Prosecution Is Initiated For Additional Criminal Activity Not Specified In An Original Indictment, Actual Vindictiveness Is The Proper Standard To Determine Whether Such Prosecutorial Conduct Is Constitutionally Permissible, Peter R. Kahana Jan 1980

Constitutional Law - Due Process Clause - Where New Prosecution Is Initiated For Additional Criminal Activity Not Specified In An Original Indictment, Actual Vindictiveness Is The Proper Standard To Determine Whether Such Prosecutorial Conduct Is Constitutionally Permissible, Peter R. Kahana

Villanova Law Review (1956 - )

No abstract provided.


Agins V. City Of Tiburon, Lewis F. Powell Jr. Oct 1979

Agins V. City Of Tiburon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Apfelbaum, Lewis F. Powell Jr. Oct 1979

United States V. Apfelbaum, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Roberts V. United States, Lewis F. Powell Jr. Oct 1979

Roberts V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Arizona V. Washington, 434 U.S. 497 (1978) Apr 1979

Arizona V. Washington, 434 U.S. 497 (1978)

Florida State University Law Review

Criminal Law-MISTRIAL DECLARATION-OVER DEFENDANT'S OBJECTION, PROSECUTION MUST DEMONSTRATE HIGH DEGREE OF MANIFEST NECESSITY OR REPROSECUTION WILL BE BARRED


Tsavaris V. Scruggs, 360 So. 2d 745 (Fla. 1977), Elizabeth J. Daniels Jan 1979

Tsavaris V. Scruggs, 360 So. 2d 745 (Fla. 1977), Elizabeth J. Daniels

Florida State University Law Review

Constitutional Law-SELF-INCRIMINATION-FLORIDA SUPREME COURT SIGNALS POSSIBLE RETREAT IN PROTECTION AGAINST COMPULSORY PRODUCTION OF INCRIMINATING DOCUMENTARY EVIDENCE.


Constitutional Law - Parole Revocation Hearings - Due Process Does Not Require That Federal Parolee Subsequently Convicted And Incarcerated For State Offense Be Given Immediate Parole Revocation Hearing, Charles F. Weyl Jan 1979

Constitutional Law - Parole Revocation Hearings - Due Process Does Not Require That Federal Parolee Subsequently Convicted And Incarcerated For State Offense Be Given Immediate Parole Revocation Hearing, Charles F. Weyl

Villanova Law Review (1956 - )

No abstract provided.


Federalism And A New Equal Protection, Henry Siedzikowski Jan 1979

Federalism And A New Equal Protection, Henry Siedzikowski

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - Fifth Amendment - Declaration Of Property As A Historic Landmark Under State Law Is Not A Taking Which Requires Just Compensation Where The Landowner Is Guaranteed A Reasonable Return On His Investment, John J. Ford Jan 1979

Constitutional Law - Fifth Amendment - Declaration Of Property As A Historic Landmark Under State Law Is Not A Taking Which Requires Just Compensation Where The Landowner Is Guaranteed A Reasonable Return On His Investment, John J. Ford

Villanova Law Review (1956 - )

No abstract provided.


Due Process And Parole Revocation, Michigan Law Review Nov 1978

Due Process And Parole Revocation, Michigan Law Review

Michigan Law Review

In Morrissey, the Court set the level of due process needed in parole revocations. Specifically, it held that the parolee facing •revocation has a right (a) to receive written notice of the claimed parole violations; (b) to hear the evidence against him; (c) to be heard in person and to present witnesses and documentary evidence; (d) to confront and cross-examine adverse witnesses (unless the hearing officer specifically finds good cause for not allowing the confrontation); (e) to have a neutral and detached hearing body, members of which need not be judicial officers or lawyers; and (f) to be given …


Designating Areas Unsuitable For Surface Coal Mining, Mark S. Squillace Jan 1978

Designating Areas Unsuitable For Surface Coal Mining, Mark S. Squillace

Publications

No abstract provided.


The Constitutional Protection Of Private Papers: The Role Of A Hierarchical Fourth Amendment, James A. Mckenna Oct 1977

The Constitutional Protection Of Private Papers: The Role Of A Hierarchical Fourth Amendment, James A. Mckenna

Indiana Law Journal

No abstract provided.


Taxpayer Rights In Noncustodial Irs Investigations After Beckwith V. United States, Curtis L. Christensen Jan 1977

Taxpayer Rights In Noncustodial Irs Investigations After Beckwith V. United States, Curtis L. Christensen

University of Michigan Journal of Law Reform

The recent Supreme Court decision in Beckwith v. United States, holding that Miranda does not extend to noncustodial tax investigations, has important implications with respect to the News Release doctrine and the involuntary consent grounds considered in motions to suppress evidence. This article will examine Beckwith and its potential significance with respect to these other doctrines, discussing the factors which the IRS and the courts should consider in order to assure fair treatment of taxpayers during investigations.


Potentiality Of Incarceration: A Proposed Standard For The Applicability Of Miranda To Nonfelony Offenses, Mark J. Roberts Jan 1977

Potentiality Of Incarceration: A Proposed Standard For The Applicability Of Miranda To Nonfelony Offenses, Mark J. Roberts

Indiana Law Journal

No abstract provided.


Competency To Stand Trial In Federal Courts: Conceptual And Constitutional Problems, William T. Pizzi Jan 1977

Competency To Stand Trial In Federal Courts: Conceptual And Constitutional Problems, William T. Pizzi

Publications

No abstract provided.


Foreword: Brewer V. Williams--A Hard Look At A Discomfiting Record, Yale Kamisar Jan 1977

Foreword: Brewer V. Williams--A Hard Look At A Discomfiting Record, Yale Kamisar

Articles

In recent decades, few matters have split the Supreme Court, troubled the legal profession, and agitated the public as much as the police interrogation-confession cases. The recent case of Brewer v. Williams3 is as provocative as any, because the Supreme Court there revdrsed the defendant's conviction for the "savage murder of a small child" even though no Justice denied his guilt,4 he was warned of his rights no fewer than five times, 5 and any "interrogation" that might have occurred seemed quite mild.6


Califano V. Goldfarb, Lewis F. Powell Jr. Oct 1976

Califano V. Goldfarb, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


The Legislature's Role In The Taking Issue, Mitchell B. Haigler, Mary M. Mcinerny, Robert M. Rhodes Jan 1976

The Legislature's Role In The Taking Issue, Mitchell B. Haigler, Mary M. Mcinerny, Robert M. Rhodes

Florida State University Law Review

No abstract provided.


Fisher V. United States, Lewis F. Powell Jr. Oct 1975

Fisher V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Kauper's 'Judicial Examination Of The Accused' Forty Years Later—Some Comments On A Remarkable Article, Yale Kamisar Nov 1974

Kauper's 'Judicial Examination Of The Accused' Forty Years Later—Some Comments On A Remarkable Article, Yale Kamisar

Articles

For a long time before Professor Paul Kauper wrote "Judicial Examination of the Accused" in 1932, and for a long time thereafter, the "legal mind" shut out the de facto inquisitorial system that characterized American criminal procedure. Paul Kauper could not look away. He recognized the "naked, ugly facts" (p. 1224) and was determined to do something about them -more than thirty years before Escobedo v. Illinois' or Miranda v. Arizona.2


United States V. Nobles, Lewis F. Powell Jr. Oct 1974

United States V. Nobles, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


The Conclusive Presumption Doctrine: Equal Process Or Due Protection?, Michigan Law Review Mar 1974

The Conclusive Presumption Doctrine: Equal Process Or Due Protection?, Michigan Law Review

Michigan Law Review

In Vlandis v. Kline and United States Department of Agriculture v. Murry, decided during its past term, the Supreme Court invoked the conclusive presumption doctrine to invalidate statutory provisions, that restricted access to certain state and federal government benefits. This term, in Cleveland Board of Education v. LaFleur, the Court used the same rationale to strike down school board rules requiring teachers to take maternity leaves without pay. The essence of the doctrine is as follows: When a statutory provision imposes a burden upon a class of individuals for a particular purpose and certain individuals within the burdened class …


The Fifth Amendment And Compelled Testimony: Practical Problems In The Wake Of Kastigar, E. R. Harding Jan 1974

The Fifth Amendment And Compelled Testimony: Practical Problems In The Wake Of Kastigar, E. R. Harding

Villanova Law Review (1956 - )

No abstract provided.


Self-Incrimination: Privilege, Immunity, And Comment In Bar Disciplinary Proceedings, Michigan Law Review Nov 1973

Self-Incrimination: Privilege, Immunity, And Comment In Bar Disciplinary Proceedings, Michigan Law Review

Michigan Law Review

The questions of the extent of an attorney's right to claim the privilege against self-incrimination during bar disciplinary proceedings and of the consequences of the exercise of the privilege has created a sharp division of opinion. The privilege against self-incrimination necessarily involves a conflict between the public's interest in disclosure and the individual's interest in privacy and nondisclosure. However, the conflict is exacerbated when the individual claiming the privilege is entrusted with important public responsibilities.


The Search And Seizure Of Private Papers: Fourth And Fifth Amendment Considerations, Steven H. Shiffrin Jul 1973

The Search And Seizure Of Private Papers: Fourth And Fifth Amendment Considerations, Steven H. Shiffrin

Cornell Law Faculty Publications

There is a recognizable factual distinction between the search and seizure of private papers and the search and seizure of non-documentary items. It is difficult, however, to decide when such a distinction should assume constitutional dimensions. Specifically, are there circumstances under which private papers should be immune from search and seizure? In a 1967 landmark case, Warden v. Hayden, the United States Supreme Court raised doubts concerning the continued validity of decades of settled law on this important issue. Warden's reopening of this problem aroused the curiosity of commentators, spurred new policy arguments in the American Law Institute, divided …


Lefkowitz V. Turley, Lewis F. Powell Jr. Oct 1972

Lefkowitz V. Turley, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Sarno V. Illinois Crime Investigating Commission, Lewis F. Powell Jr. Oct 1971

Sarno V. Illinois Crime Investigating Commission, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Zicarelli V. New Jersey State Commission Of Investigation, Lewis F. Powell Jr. Oct 1971

Zicarelli V. New Jersey State Commission Of Investigation, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Couch V. United States, Lewis F. Powell, Jr. Oct 1971

Couch V. United States, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Kastigar V. United States, Lewis F. Powell, Jr. Oct 1971

Kastigar V. United States, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.