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Constitutional Law

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Articles 3811 - 3840 of 3998

Full-Text Articles in Criminal Law

Criminal Law—Due Process And The Right To Trial By Jury In State Criminal Procedure, Paul A. Battaglia Oct 1970

Criminal Law—Due Process And The Right To Trial By Jury In State Criminal Procedure, Paul A. Battaglia

Buffalo Law Review

Baldwin v. New York, 399 U.S. 66 (1970).


Equal Protection Against Unnecessary Police Violence And The Original Understanding Of The Fourteenth Amendment: A Comment, Alfred Avins Apr 1970

Equal Protection Against Unnecessary Police Violence And The Original Understanding Of The Fourteenth Amendment: A Comment, Alfred Avins

Buffalo Law Review

No abstract provided.


Criminal Law—Stop And Frisk—Terry V. Ohio Rationale Applied To Stop And Frisk In New York, Abraham Abramovsky Apr 1970

Criminal Law—Stop And Frisk—Terry V. Ohio Rationale Applied To Stop And Frisk In New York, Abraham Abramovsky

Buffalo Law Review

People v. Arthurs, 24 N.Y.2d 688, 249 N.E.2d 462, 301 N.Y.S.2d 614 (1969).


Criminal Law--Multiple Offenses From A Single Act Not Constitution Double Jeopardy Feb 1970

Criminal Law--Multiple Offenses From A Single Act Not Constitution Double Jeopardy

West Virginia Law Review

No abstract provided.


Assistance In Addition To Counsel For Indigent Defendants: The Need For, The Lack Of, The Right To, Dennis W. Alexander Jan 1970

Assistance In Addition To Counsel For Indigent Defendants: The Need For, The Lack Of, The Right To, Dennis W. Alexander

Villanova Law Review (1956 - )

No abstract provided.


Criminal Law—Electronic Eavesdropping-Standing To Object To Third Party Conversations, Joel E. Schweitzer Jan 1970

Criminal Law—Electronic Eavesdropping-Standing To Object To Third Party Conversations, Joel E. Schweitzer

Buffalo Law Review

Alderman v. United States, 394 U.S. 165 (1969).


Appointed Counsel For The Indigent Civil Defendant: A Constitutional Right Without A Judicial Remedy., Michael Botein Jan 1970

Appointed Counsel For The Indigent Civil Defendant: A Constitutional Right Without A Judicial Remedy., Michael Botein

Articles & Chapters

No abstract provided.


Recent Cases, Law Review Staff Dec 1969

Recent Cases, Law Review Staff

Vanderbilt Law Review

Bar Admissions-The Character Investigation as an Unconstitutional Scheme to Promote Conformity: Comment on "LSCRRC v. Wadmond"

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Civil Rights--Desegregation--HEW is Required to Make a Program-by-Program Finding of Discrimination in Order to Terminate Federal Funds Under Title VI of the Civil Rights Act of 1964

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Constitutional Law--Civil Rights-Section 1985(3) Does Not Reach Private Conspiracies

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Constitutional Law--Criminal Procedure--Sixth Amendment Does Not Require Right to Counsel for In-Custody Suspects at Photographic Identifications

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Constitutional Law--Equal Protection--States May Not Require More Than a Simple Majority to Authorize Local Bond Issues and Tax Levies Through Popular Election

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Constitutional Law--Reapportionment--Multi-Member Districts Which Minimize …


False Or Suppressed Evidence: Why A Need For The Prosecutorial Tie, Ronald L. Carlson Dec 1969

False Or Suppressed Evidence: Why A Need For The Prosecutorial Tie, Ronald L. Carlson

Scholarly Works

Many United States Supreme Court decisions have overturned criminal convictions for the reason that the government employed false evidence to obtain the conviction or failed to disclose relevant evidence important to the defense. In reversing federal or state judgments, the Court often has located direct proof of wrongdoing by the prosecutor. The notorious "bloody shorts" case is an example in point.' There, the state introduced as evidence a pair of men's "blood-stained" undershorts to achieve conviction of the accused. When the blood turned out to be red paint, the Supreme Court granted habeas corpus relief to the defendant because "[it …


Constitutional Limitations On Evidence In Criminal Cases. By James George, Jr., Irving Younger Oct 1969

Constitutional Limitations On Evidence In Criminal Cases. By James George, Jr., Irving Younger

Buffalo Law Review

No abstract provided.


Due Process And The Juvenile Offender., Carlos Cadena Mar 1969

Due Process And The Juvenile Offender., Carlos Cadena

St. Mary's Law Journal

For over sixty years, courts consistently found notions of due process inapplicable in juvenile proceedings. The goal of the juvenile court movement was to establish systems of education and protection of errant children, rather than deterrence and retribution. To accomplish these results, the juvenile court was shorn of all resemblance to criminal courts. Public hearings were to be avoided and the intervention of counsel was not required, since the juvenile judge represented both the child and the state. However, it became clear that children were receiving the protection of the state because they engaged in criminal conduct and with little …


Constitutional Law—Cruel And Unusual Punishment—Conviction Of A Chronic Alcoholic For Public Intoxication Not Violative Of Eighth Amendment Proscription Of Cruel And Unusual Punishment, Robert E. Keller Jan 1969

Constitutional Law—Cruel And Unusual Punishment—Conviction Of A Chronic Alcoholic For Public Intoxication Not Violative Of Eighth Amendment Proscription Of Cruel And Unusual Punishment, Robert E. Keller

Buffalo Law Review

Powell v. Texas, 392 U.S. 514 (1968).


Recent Developments, Various Editors Jan 1969

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


Criminal Law—Denial Of Counsel And Failure To Provide Adequate Warnings Regarding Constitutional Rights Have Important Bearing On Confessions Which Are Tested Under The Totality Of Circumstances., Edwin H. Wolf Jan 1969

Criminal Law—Denial Of Counsel And Failure To Provide Adequate Warnings Regarding Constitutional Rights Have Important Bearing On Confessions Which Are Tested Under The Totality Of Circumstances., Edwin H. Wolf

Buffalo Law Review

Greenwald v. Wisconsin, 390 U.S. 519 (1968).


Criminal Law - Constitutional Law - Imprsonment For Non-Payment Of Prosecution Costs And The Thirteenth Amendment - Wright V. Matthews., 209 Va. 246, 163 S.E.2d 158 (1968), Harry Saunders Dec 1968

Criminal Law - Constitutional Law - Imprsonment For Non-Payment Of Prosecution Costs And The Thirteenth Amendment - Wright V. Matthews., 209 Va. 246, 163 S.E.2d 158 (1968), Harry Saunders

William & Mary Law Review

No abstract provided.


Recent Cases, Law Review Staff May 1968

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Significant Interest Doctrine Extended to Marital Property Litigation

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Constitutional Law-Search and Seizure--Fourth Amendment Restrictions Apply to Electronic Eavesdropping When Conversations Are Private--Physical Trespass Test Discarded

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Constitutional Law-Section 5(a) (1) (D) Prohibiting Members of Communist-Action Organizations from Employment in Defense Facilities Held Unconstitutional Infringement Upon Freedom of Association

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Criminal Law--Evidence-Unauthorized Juror View Violates Sixth Amendment Right to Confrontation

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Domestic Relations--Intentional False Representation of Pregnancy Grounds for Annulment

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Income Tax--Corporations--Attorneys' and Accountants' Fees Incurred in Sale of Assets Pursuant to a Section 337 Liquidation Are Not Deductible

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Interest--Usury--Charging Debtor with Statutory Maximum Loan Fees …


The Effect Of The First Amendment On Federal Control Of Draft Protests, Frederick C. Moss Jan 1968

The Effect Of The First Amendment On Federal Control Of Draft Protests, Frederick C. Moss

Villanova Law Review (1956 - )

No abstract provided.


Marijuana And The Law: The Constitutional Challenges To Marijuana Laws In Light Of The Social Aspects Of Marijuana Use, Mark S. Dichter Jan 1968

Marijuana And The Law: The Constitutional Challenges To Marijuana Laws In Light Of The Social Aspects Of Marijuana Use, Mark S. Dichter

Villanova Law Review (1956 - )

No abstract provided.


Causation In Common Sense: A Reply To Messrs. Hart And Honore, Paul F. Rothstein Jan 1968

Causation In Common Sense: A Reply To Messrs. Hart And Honore, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

No abstract provided.


Substantive Due Process And Felony Treatment Of Pot Smokers: The Current Conflict, F.H. Von U. Jan 1968

Substantive Due Process And Felony Treatment Of Pot Smokers: The Current Conflict, F.H. Von U.

Georgia Law Review

The Supreme Court, in recent years, has consistently reaffirmed a trend toward a fuller recognition of individual liberties. When these cherished incidents of American citizenship have conflicted with the real or imagined needs of society, the Court has applied a vital and expanding concept of due process to determine the proper balance of interests. It is now recognized that the State must demonstrate a truly rational basis for punishing individual conduct, aid where proscriptive rather than regulatory measures are enacted, legislation must carefully avoid jeopardizing harmless conduct, however offensive to public taste. Restrictive legislation must be grounded in fact, and …


The Difficult Quest For A Truly Humane Abortion Law, Donald A. Giannella Jan 1968

The Difficult Quest For A Truly Humane Abortion Law, Donald A. Giannella

Villanova Law Review (1956 - )

No abstract provided.


Recent Cases, Law Review Staff Nov 1967

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Labor Law-Exemption of Union from Antitrust Laws Is Lost When It Imposes Minimum Price Levels on a Member-Employer Acting on their own initiative, the plaintiffs, union member'

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Civil Rights--Desegregation--School Authorities Have Afirmative Duty To Integrate School System Negro children in six Louisiana and three Alabama school systems

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Constitutional Law--Citizenship--Stripping Congress of Its Right To Expatriate

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Constitutional Law--State Constitutional Amendment Guaranteeing Discretion to Seller of Real Estate Violates Fourteenth Amendment

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Criminal Law--The "Mere Evidence" Rule Is Expressly Abolished

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antitrust, civil rights, constitutional law, criminal law


Recent Cases, Law Review Staff Apr 1967

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust-Section 2(b) of the Robinson-Patman Act Permits Seller To Use a Pricing System To Meet the Prices of Competing Goods of Equal Saleability

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Constitutional Law--First Amendment--State Legislature May Not Require Local School Boards To Lend Textbooks to Pupils of Parochial Schools

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Constitutional Law--Imports Shipped Directly to Dealer Under Consignment Contracts With the Importer Are Not Immune to State Taxation Under the Import-Export Clause

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Constitutional Law--Reapportionment--One Man-One Vote Principle Applies to Popularly Elected Local School Boards

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Criminal Law--Admissibility in Evidence of Blood Tests Over Defendant's Objection

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Criminal Law--Resentencing--Court Has Duty To Make Known Reasons for Increased …


The Supreme Court, The Individual And The Criminal Process, E. Hunter Taylor Jr. Apr 1967

The Supreme Court, The Individual And The Criminal Process, E. Hunter Taylor Jr.

Scholarly Works

The sweeping social changes presently occurring in this country are having important effects on the law. The impact of this philosophical revolution upon th elaw is manifesting itself most directly and vividly in the Supreme Court of the United States where the entire concept of "individual liberty and freedom" is undergoing far-reaching change. One of the most important changes is occurring in the development of constitutional rules of criminal procedure, particularly those applicable to the states through the fourteenth amendment. Most of the particular longstanding announced aims of the Court, e.g., protection against the conviction of the innocent and prevention …


Criminal Law—Punishment—Imprisonment Of Indigent For Non-Payment Of A Fine Unconstitutional If Extended Beyond Minimum Statutory Sentence, David R. Pfalzgraf Jan 1967

Criminal Law—Punishment—Imprisonment Of Indigent For Non-Payment Of A Fine Unconstitutional If Extended Beyond Minimum Statutory Sentence, David R. Pfalzgraf

Buffalo Law Review

People v. Saffore, 18 N.Y.2d 101, 218 N.E.2d 686, 271 N.Y.S.2d 972 (1966).


Recent Developments, Various Editors Jan 1967

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


In Re Gault: Understanding The Attorney's New Role, Glenn C. Equi, James D. Hutchinson, Barney B. Welsh Jan 1967

In Re Gault: Understanding The Attorney's New Role, Glenn C. Equi, James D. Hutchinson, Barney B. Welsh

Villanova Law Review (1956 - )

No abstract provided.


Law Enforcement States Its Views, John Edgar Hoover Jan 1967

Law Enforcement States Its Views, John Edgar Hoover

Villanova Law Review (1956 - )

No abstract provided.


Criminal Law-Confessions-Admission Of Illegally Obtained Confession In State Criminal Prosecution Is Harmless Error Not Requiring Reversal Of Conviction--People V. Jacobson, Michigan Law Review Jan 1967

Criminal Law-Confessions-Admission Of Illegally Obtained Confession In State Criminal Prosecution Is Harmless Error Not Requiring Reversal Of Conviction--People V. Jacobson, Michigan Law Review

Michigan Law Review

Defendant voluntarily admitted that he had murdered his daughter to a social worker, two ambulance attendants, and three police officers sent to investigate the incident. He continued to declare his guilt to these officers after his arrest, on the way to the police station, and at the police station where he was interrogated without the benefit of counsel although he had not waived his right to counsel. All of the confessions-approximately ten-were admitted in evidence at the defendant's trial over his objection that the two confessions obtained during the interrogation should have been excluded since he had been denied his …


Newman: Conviction: The Determination Of Guilt Or Innocence Without Trial, B. J. George Jr. Jan 1967

Newman: Conviction: The Determination Of Guilt Or Innocence Without Trial, B. J. George Jr.

Michigan Law Review

A Review of Conviction: The Determination of Guilt or Innocence Without Trial by Donald J. Newman