Criminal Law Commons^™

Of Laws And Men: An Essay On Justice Marshall's View Of Criminal Procedure, Daniel C. Richman, Bruce A. Green

Faculty Scholarship

As a general rule, criminal defendants whose cases made it to the Supreme Court between 1967 and 1991 must have thought that, as long as Justice Thurgood Marshall occupied one of the nine seats, they had one vote for sure. And Justice Marshall rarely disappointed them – certainly not in cases of any broad constitutional significance. From his votes and opinions, particularly his dissents, many were quick to conclude that the Justice was another of those "bleeding heart liberals," hostile to the mission of law enforcement officers and ready to overlook the gravity of the crimes of which the defendants …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

JAPANESE CRIMINAL JUSTICE

By A. Didrick Castberg

New York, New York: Praeger Publishers, 1990. Pp. 153. $42.95.

THE INTERNATIONALIZATION OF HUMAN RIGHTS

By David P. Forsythe

Lexington, Massachusetts; Lexington Books, 1991. Pp. 209.$34.00.

FEDERAL COURTS AND THE INTERNATIONAL HUMAN RIGHTS PARADIGM By Kenneth C. Randall

Durham, North Carolina; Duke University Press. 1990. Pp. 295. $45.00.

ROMAN LAW AND COMPARATIVE LAW

By Alan Watson

Athens, Georgia: University of Georgia Press, 1991. Pp. 328. $50.00

THE U.S. CONSTITUTION AND FOREIGN POLICY

By Victoria Marie Kraft

New York, New York: Greenwood Press, 1990. Pp. 185. $45.00.

Fourth Amendment Applicability, John O. Sonsteng

Faculty Scholarship

A large percentage of fourth amendment litigation involves the issues of applicability to place, waiver/consent, and the reasonable expectation of privacy. Not one of these issues, however, has the remotest thing to do with the ultimate substance of the fourth amendment protection itself. They deal exclusively with the threshold question of whether the fourth amendment is even involved. Only if it is, do the actual requirements of the fourth amendment become material. This article examines the applicability of the fourth amendment prohibition against unreasonable search and seizures with respect to these common issues.

Equality Theory, Marital Rape, And The Promise Of The Fourteenth Amendment, Robin West

Georgetown Law Faculty Publications and Other Works

During the 1980s a handful of state judges either held or opined in dicta what must be incontrovertible to the feminist community, as well as to most progressive legal advocates and academics: the so-called marital rape exemption, whether statutory or common law in origin, constitutes a denial of a married woman's constitutional right to equal protection under the law. Indeed, a more obvious denial of equal protection is difficult to imagine: the marital rape exemption denies married women protection against violent crime solely on the basis of gender and marital status. What possibly could be less rational than a statute …

See No Evil? Can Insulation Of Child Sexual Abuse Victims Be Accomplished Without Endangering The Defendant's Constitutional Rights?, Wallace J. Mlyniec, Michelle M. Dally

University of Miami Law Review

No abstract provided.

Press-Enterprise Co. V. Superior Court Of California For The County Of Riverside, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Survey Of Washington Search And Seizure Law, Justice Robert F. Utter

Seattle University Law Review

This Survey is designed to assist lawyers and judges who must argue and resolve search and seizure issues in Washington State. The Survey summarizes the controlling state and federal cases on search and seizure law and uses as an additional reference W. LAFAVE, Search and Seizure: A Treatise on the Fourth Amendment (1978). Washington courts are likely to analyze future search and seizure issues under both the fourth amendment and Washington Constitution article I, section 7. The difference in wording between the two provisions is substantial, suggesting different degrees or types of privacy protection. This Survey summarizes the predominant treatment …

The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi

Publications

No abstract provided.

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Quaderni Di Scienze Criminali: The Penal Protection of Works of Art. Edited by the International Institute of Higher Studies in Criminal Sciences. Siracusa, Italy: The International Institute of Higher Studies in Criminal Sciences, 1983. Pp. 447.

Japanese Business Law and the Legal System. By Elliott J. Hahn. Westport, Connecticut and London, England: Quorum Books, 1984. Pp. vii, 168. $35.00.

The Exchange Rate System: Lessons of the Past and Options for the Future. Edited by Ellas H. Wright. Washington, D.C.: International Monetary Fund, 1984. Pp. vii, 55. $7.50.

The International Maritime Organization. Edited by Samie Mandrabody. London: Croom Helm Ltd., 1984. …

Hudson V. Palmer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Estelle V. Smith: The Constitutional Contours Of The Forensic Evaluation, Christopher Slobogin

Vanderbilt Law School Faculty Publications

In Estelle v. Smith,' the United States Supreme Court recognized for the first time that an evaluation of a criminal defendant by a mental health professional may implicate both the Fifth Amendment privilege against self-incrimination and the Sixth Amendment right to counsel. The issues raised in Estelle are significant not only for the legal profession but also for those in the mental health professions who perform "clinical" evaluations for the criminal courts. Estelle involved the case of Ernest Smith, who was sentenced to death by a Texas jury in 1974. Prior to trial, the judge ordered a psychiatrist, Dr. Grigson, …

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

Supreme Court Case Files

No abstract provided.

Castaneda V. Partida, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Recent Cases, Journal Staff

Vanderbilt Law Review

Antitrust Law--Robinson-Patman Act--To Satisfy the "In Commerce" Requirement of Section 2(a) at Least One of the Allegedly Discriminatory Sales in a Secondary-Line Case Must Cross a State Line

===============

Constitutional Law--Equal Protection--Exclusion of Pregnancy-Related Disabilities from State Salary Compensation Insurance Program Denies Equal Protection to Pregnant Employees

===============

Criminal Procedure--Grand Juries--Exclusionary Rule in Search and Seizure Cases Does Not Apply to Grand Jury Proceedings

==================

Securities Regulation-Rule 10b-5--Plaintiffs Who Are Neither Purchasers nor Sellers of Securities May Recover Under Rule 10b-5 if Injured in Their Capacity as Investors as a Direct Consequence of Fraud in Connection with a Securities Transaction …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Topics Discussed in Recent Cases:

Administrative Law--Freedom of Information Act--Unclassified Documents Physically Connected with Classified Documents May Not Be Withheld Under the National Security and Foreign Affairs Secrets Exemption

=========

Antitrust--Treble Damage Class Actions--Privity with Defendant Required To Maintain Suit

===============

Constitutional Law--Equal Protection-State Probate Code Discriminating in Favor of Males Violates Equal Protection Clause

===============

Constitutional Law--Federal Preemption--Atomic Energy Act Requires Exclusive Federal Regulation of Radioactive Discharges from Nuclear Power Plants

===============

Corporations -Shareholder Suits -Shareholder May Inspect Corporate Records Only for Proper Purpose Ger-mane to his Economic Interest As Shareholder, Not Merely To Further his Own Social and …

Miranda Warnings In Other Than Police Custodial Interrogations, Marvin E. Sable

Cleveland State Law Review

The court, in Miranda, was quick to point out, however, that the decision in that case did not suppose to vitiate the confession as a tool of law enforcement officers in ferretting out criminals. Likewise, volunteered statements of any kind were specifically exempted from the exclusionary rule that was applied to Miranda-type admissions only. Much of the progeny of Miranda addressed itself to just such types of admissions. Oftentimes, the courts dissected the seemingly unitized custodial interrogation requirement of Miranda by turning their decisions of its inapplicability upon the absence of either the "custody" or the "interrogation" aspect

Speedy Trial - No Mere Ceremonial, Robert B. Henn

Cleveland State Law Review

In recent years, there has been a progressive refinement of individual rights, to the extent that due process must be accorded to the participant in not only judicial proceedings, but administrative actions as well. Yet, in the face of this, the anomaly exists that one highly important individual right, clearly defined by the Speedy-Trial Clause of the Sixth Amendment, is persistently abused by courts who adhere to overly strict, and demonstrably improper, interpretations of its requirements, and by prosecutors who seem to feel that a prompt determination of the innocence or guilt of the accused is a matter of grace, …

Pretrial Detention And The Eighth And Fourteenth Amendments, James Lowe

Cleveland State Law Review

It is in the intent of the writer of this paper to examine the conditions endured by indigent defendants through their pretrial detention in Cuyahoga County Jail with respect to the Constitutional prohibitions of "cruel and unusual" punishment and a denial of "equal protection of the laws." Cuyahoga County is better known as Cleveland, Ohio. Expediency requires that the important concept of the rights of indigent inmates as they relate to civil rights statutes, and particularly Title 42 U.S.C. Section 1983, not be considered here. It may be hoped, however, that the propositions and legal considerations put forth in this …

"Uncontrollable" Actions And The Eighth Amendment: Implications Of Powell V. Texas, Kent Greenawalt

Faculty Scholarship

No questions of criminal justice are more fundamental than the bases for imposing criminal punishment, yet the Federal Constitution says nothing explicit about them. It is, therefore, understandable that the increasing limitations imposed by constitutional interpretation upon procedures for ascertaining criminal guilt have not been accompanied by similar limits upon principles of criminal responsibility. That the difference in treatment is understandable does not, of course, necessarily mean it has been justified.

When the Court struck down a law punishing addiction in Robinson v. California in 1962, it was still unclear whether it was willing to become significantly implicated in developing …

Recent Cases, Law Review Staff

Vanderbilt Law Review

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

===========================

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

===========================

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

===========================

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

===========================

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

===========================

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

===========================

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

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'

==============================

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

==============================

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

==============================

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

==============================

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

==============================

antitrust, civil rights, constitutional law, criminal law

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

==========================

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

==========================

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

==========================

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

==========================

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

==========================

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

Miranda--Some History, Some Observations, And Some Questions, Karl P. Warden

Vanderbilt Law Review

At this writing Miranda v. Arizona' is less than four months old. Although its place in the annals of leading constitutional decisions is assured, its meaning for, and influence upon, the criminal law process in the United States is not at all certain. It will require years of data accumulation and analysis to determine how profound an effect it will have and to evaluate that effect in terms of social impact. It is too soon to know whether the Miranda case has started a new revolution in the administration of criminal justice or has merely ended an old one. Is …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Advertising--Use of "Free," a Deceptive Practice Under the Federal Trade Commission Act

================================

Anti-Trust Law--Conspiracy To Subvert Competitor's Employees and Customers Violates Section 1 of the Sherman Act

=================================

Conflict of Laws--Depositor's Request That Disposition of Foreign-Owned Funds Deposited In New York Bank Be Governed By New York Law Upheld as a Matter of Public Policy

=================================

Constitutional Law--Applicability of Agricultural Adjustment Act of 1938 to Wheat Grown On State-Owned Farms

=================================

Corporations--Dissolution of Close Corporation Not Granted On Mere Showing of Low Profits Insufficient To Provide Minority Shareholder With Adequate Return on Invested Capital

=================================

Criminal Law--Illegal Searches and …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Mexican Bilateral Divorce Decree Recognized Even Though Neither Party was a Mexican Domiciliary At Time of Divorce

=============================

Constitutional Law--Section 504 of LMRDA a Bill of Attainder

=============================

Corporations--DeFacto Merger--Dissenters' Rights--Construction of Merger and Amendment Statutes

=============================

Criminal Law--Search and Seizure--Standing Granted for Dyer Act Prosecutions Without Allegation of Possession

=============================

Damages--Restitutionary Relief for Breach of Contract Granted Under the Tucker Act to a Government Contractor

=============================

Federal Employers' Liability Act--Applicability of "In Whole or in Part" Rule of Proximate Cause to Employer's Efforts To Prove Contributory Negligence Plaintiff brought suit under the Federal Employers' Liability Act'

============================= …

Constitutional Law--The Scope Of The Escobedo Rule, Lester Clay Hess Jr.

West Virginia Law Review

No abstract provided.

Justice William 0. Douglas And The Concept Of A "Fair Trial", Helen S. Thomas

Vanderbilt Law Review

This article seeks briefly to demonstrate the ways in which this basic commitment of Justice Douglas bear on particular constitutional issues, particularly with regard to criminal cases. The article treats these issues under five general headings: detention; the right to counsel; bail; the right to trial by jury; and trial procedures. Some overlapping between sections cannot be avoided; but it is hoped that this organization will bring the problems more sharply into focus.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Consignment Agreements To Fix Retail Prices

=============================

Constitutional Law--Fifth Amendment-Denial of Passport

==============================

Constitutional Law--State Procedure To Determine The Voluntariness of a Confession

==============================

Criminal Law--Statutory Rape-Good Faith, Reasonable Belief That Female Has Reached Age of Consent as a Defense

==============================

Insurance--Validity of Policy Provision Permitting Insured To Choose Forum for Determination, of Disputes Under the Policy

==============================

Labor Law-Closing of Plant Due to Unionization

===============================

Labor Law--National Labor Relations Act--Strike by Minority of Union as Protected Concerted Activity When in Support of Union Position

================================

Labor Law--National Labor Relations Act--Union's Duty of Fair Representation Not Implicit in Section 7--Discrimination …

Recent Case Comments, Law Review Staff

Vanderbilt Law Review

Attorneys--Violation of Canon 27 by Encouraging or Permitting Favorable Publicity

============================

Constitutional Law--Dismissal of Criminal Charges Because of Deprivation of Right to Effective Counsel by Eavesdropping

============================

Criminal Law--Credit Card Invoice as a "Security" under National Stolen Property Act

============================

Criminal Law--Rights of Alleged Parole Violator at Revocation Hearing

============================

Labor Law--Federal Procedure--Right to Jury Trial under Section 17 of the Fair Labor Standards Act

============================

Labor Law--Representation. Elections--Provision on Ballot Allowing Vote for "No Representation"

============================

Labor Law--Unfair Labor Practice--Availability of Injunction Prior to Exhaustion of Administrative Remedies

============================

Taxation--Federal Estate Tax--Survivor's Annuity as Insurance Under Section 2039 a …

Road Blocks To Inspect Drivers' Licenses

Washington and Lee Law Review

No abstract provided.