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Constitutional Law

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Articles 3721 - 3750 of 3998

Full-Text Articles in Criminal Law

Saxbe V. Washington Post, Lewis F. Powell Jr. Oct 1973

Saxbe V. Washington Post, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Pell V. Procunier, Lewis F. Powell Jr. Oct 1973

Pell V. Procunier, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Smith V. Goguen, Lewis F. Powell Jr. Oct 1973

Smith V. Goguen, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Corrections Law—Right To Counsel At Preliminary Parole Revocation Hearings In New York State To Be Determined By The Parole Board On Case-By-Case Basis., Peggy Rabkin Oct 1973

Corrections Law—Right To Counsel At Preliminary Parole Revocation Hearings In New York State To Be Determined By The Parole Board On Case-By-Case Basis., Peggy Rabkin

Buffalo Law Review

People ex rel. Galloway v. Skinner, 33 N.Y.2d 23, 300 N.E.2d 716, 347 N.Y.S.2d 178 (1973).


Criminal Law—Subdivision Of New York Loitering Statute Held Unconstitutionally Vague—The Effect Of Considerations Which Are Collateral To The "Vagueness" Problem., Kenneth Bersani Oct 1973

Criminal Law—Subdivision Of New York Loitering Statute Held Unconstitutionally Vague—The Effect Of Considerations Which Are Collateral To The "Vagueness" Problem., Kenneth Bersani

Buffalo Law Review

People v. Berck, 32 N.Y.2d 567, 300 N.E.2d 411, 347 N.Y.S.2d 33 (1973).


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 …


Recent Developments, Law Review Staff Mar 1973

Recent Developments, Law Review Staff

Vanderbilt Law Review

The institution of criminal charges against critical or disfavored legislators by the King of England was the prime factor prompting the long struggle for parliamentary privilege and, in the context of the American system of separation of powers, is the predominant thrust of the speech or debate clause. If the privilege of legislative immunity is to perform its traditional function of permitting legislators to carry out their legislative functions without fear of prosecution or harrassment from the executive and judicial branches, it should be applied broadly to effectuate its intended purpose of preserving the independence of the legislature and public …


Constitutional Law - Criminal Law - Testimonial Immunity Adopted In Kastigar V. United States To Supplant Prior Federal Immunity Grants, Kathleen J. O'Neill Jan 1973

Constitutional Law - Criminal Law - Testimonial Immunity Adopted In Kastigar V. United States To Supplant Prior Federal Immunity Grants, Kathleen J. O'Neill

Loyola University Chicago Law Journal

No abstract provided.


Constitutional Law - Criminal Law - Absent A Knowing And Intelligent Waiver, No Person May Be Imprisoned For Any Offense Unless Represented By Counsel At Trial, Richard E. Weicher Jan 1973

Constitutional Law - Criminal Law - Absent A Knowing And Intelligent Waiver, No Person May Be Imprisoned For Any Offense Unless Represented By Counsel At Trial, Richard E. Weicher

Loyola University Chicago Law Journal

No abstract provided.


Constitutional Law - Criminal Law - Preindictment Identification Confrontation Held Not To Be Critical Stage Of The Prosecution Where The Accused's Right To Counsel Attaches, Charles A. Ryan Jan 1973

Constitutional Law - Criminal Law - Preindictment Identification Confrontation Held Not To Be Critical Stage Of The Prosecution Where The Accused's Right To Counsel Attaches, Charles A. Ryan

Loyola University Chicago Law Journal

No abstract provided.


The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills Jan 1973

The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills

Scholarly Publications

The Supreme Court's decision abolishing the death penalty, at least as it existed in most jurisdictions, hardly represents the final resolution of the controversy over capital punishment. Given substantial public sentiment which apparently favors capital punishment in some form-voiced, for example, in the results of the recent referendum in California-various legislative bodies will face the question of whether capital punishment can and should be legislatively reinstated. In December 1972 the State of Florida became the first jurisdiction to pass judgment on this question. The legislature enacted a bill allowing imposition of the death penalty in certain circumstances. The two articles …


The Fourth Amendment At The Airport: Arriving, Departing, Or Cancelled, Joel M. Gora Jan 1973

The Fourth Amendment At The Airport: Arriving, Departing, Or Cancelled, Joel M. Gora

Villanova Law Review (1956 - )

No abstract provided.


The Government's Response To Hijacking, Benjamin O. Davis Jr. Jan 1973

The Government's Response To Hijacking, Benjamin O. Davis Jr.

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - Fourteenth Amendment Due Process - Representation By Counsel At Trial Is A Prerequisite To The Imposition Of Any Sentence Of Imprisonment Absent Valid Waiver, William J. Lehane Jan 1973

Constitutional Law - Fourteenth Amendment Due Process - Representation By Counsel At Trial Is A Prerequisite To The Imposition Of Any Sentence Of Imprisonment Absent Valid Waiver, William J. Lehane

Villanova Law Review (1956 - )

No abstract provided.


The Communication Of The Supreme Court's Criminal Procedure Decisions: A Preliminary Mapping, Stephen L. Wasby Jan 1973

The Communication Of The Supreme Court's Criminal Procedure Decisions: A Preliminary Mapping, Stephen L. Wasby

Villanova Law Review (1956 - )

No abstract provided.


An Overview Of Administrative Due Process: Part I, O. John Rogge Jan 1973

An Overview Of Administrative Due Process: Part I, O. John Rogge

Villanova Law Review (1956 - )

No abstract provided.


Furman V. Georgia: A Postmortem On The Death Penalty, Nicholas Scafidi Jan 1973

Furman V. Georgia: A Postmortem On The Death Penalty, Nicholas Scafidi

Villanova Law Review (1956 - )

No abstract provided.


Skyjacking: Problems And Potential Solutions - Introduction, Donald W. Dowd Jan 1973

Skyjacking: Problems And Potential Solutions - Introduction, Donald W. Dowd

Villanova Law Review (1956 - )

No abstract provided.


The Confrontation Clause And The Scope Of The Unavailability Requirement, Jerry J. Phillips Jan 1973

The Confrontation Clause And The Scope Of The Unavailability Requirement, Jerry J. Phillips

University of Michigan Journal of Law Reform

The confrontation clause is that language of the sixth amendment to the United States Constitution which provides, "[I]n all criminal prosecutions, the accused shall enjoy the right… to be confronted with the witnesses against him." Despite the seemingly absolute language of the confrontation clause, which would suggest that no hearsay evidence may be admitted against an accused in a criminal proceeding, its guarantee has been subject to exception. For example, when either a witness to an event or his testimony is shown to be unavailable, others will be allowed to testify as to the information which the declarant-witness has related …


Argersinger V. Hamlin - Right To Counsel Expanded To Include Offenses Which May Result In Imprisonment, Oliver Claypool Jr. Jan 1973

Argersinger V. Hamlin - Right To Counsel Expanded To Include Offenses Which May Result In Imprisonment, Oliver Claypool Jr.

Cleveland State Law Review

On June 12, 1972, The United States Supreme Court held in Argersinger v. Hamlin, ... that absent a knowing and intelligent waiver, no person may be imprisoned for any offense, whether classified as petty, misdemeanor, or felony, unless he was represented by counsel at his trial. Although, all of the ramifications of this decision have not yet been felt, American Bar Association president, Robert W. Meserve has estimated that the decision will require the legal profession to provide representation in some additional two to four million cases per year for indigent defendants alone.


Constitutional Law - Double Jeopardy - State Prosecution Barred After Federal Prosecution For Same Offense - Burden On State To Show Substantially Different Interests From Those Of Initial Prosecuting Jurisdiction, Ronald J. Examitas Jan 1973

Constitutional Law - Double Jeopardy - State Prosecution Barred After Federal Prosecution For Same Offense - Burden On State To Show Substantially Different Interests From Those Of Initial Prosecuting Jurisdiction, Ronald J. Examitas

Villanova Law Review (1956 - )

No abstract provided.


An Overview Of Administrative Due Process: Part Ii, O. John Rogge Jan 1973

An Overview Of Administrative Due Process: Part Ii, O. John Rogge

Villanova Law Review (1956 - )

No abstract provided.


Air Crimes: Perspective From The Cockpit, John J. O'Donnell Jan 1973

Air Crimes: Perspective From The Cockpit, John J. O'Donnell

Villanova Law Review (1956 - )

No abstract provided.


Skyjacking: Problems And Potential Solutions, Benjamin O. Davis Jr., Joel M. Gora, John B. Hannum, John T. Dailey Jan 1973

Skyjacking: Problems And Potential Solutions, Benjamin O. Davis Jr., Joel M. Gora, John B. Hannum, John T. Dailey

Villanova Law Review (1956 - )

No abstract provided.


The Reincarnation Of The Death Penalty: Is It Possible?, Yale Kamisar Jan 1973

The Reincarnation Of The Death Penalty: Is It Possible?, Yale Kamisar

Articles

Fifty years ago Clarence Darrow, probably the greatest criminal defense lawyer in American history and a leading opponent of capital punishment, observed: The question of capital punishment has been the subject of endless discussion and will probably never be settled so long as men believe in punishment. Some states have abolished and then reinstated it; some have enjoyed capital punishment for long periods of time and finally prohibited the use of it. The reasons why it cannot be settled are plain. There is first of all no agreement as to the objects of punishment. Next there is no way to …


Gagnon V. Scarpelli, Lewis F. Powell Jr. Oct 1972

Gagnon V. Scarpelli, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Orito, Lewis F. Powell Jr. Oct 1972

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

Supreme Court Case Files

No abstract provided.


Paris Adult Theatre I V. Slaton, Lewis F. Powell Jr. Oct 1972

Paris Adult Theatre I V. Slaton, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Almeida-Sanchez V. United States, Lewis F. Powell Jr. Oct 1972

Almeida-Sanchez V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Schneckloth V. Bustamonte, Lewis F. Powell Jr. Oct 1972

Schneckloth V. Bustamonte, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.