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Constitutional Law

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Articles 3151 - 3180 of 3359

Full-Text Articles in Criminal Procedure

New Looks At An Ancient Writ: Habeas Corpus Reexamined, Andrew P. Miller, Robert E. Shepherd Jr. Jan 1974

New Looks At An Ancient Writ: Habeas Corpus Reexamined, Andrew P. Miller, Robert E. Shepherd Jr.

University of Richmond Law Review

The traditional characterization of the writ of habeas corpus as an original ... civil remedy for the enforcement of the right to personal liberty, rather than as a stage of the state criminal proceedings or as an appeal therefrom . . . cannot be permitted to defeat the manifest federal policy that federal constitutional rights of personal liberty shall not be denied without the fullest opportunity for plenary federal judicial review.


Constitutional Law - Fourth Amendment - A Witness May Not Invoke The Exclusionary Rule To Suppress Evidence Before The Grand Jury Or As A Basis For Refusing To Answer Questions Based On Evidence Seized In Violation Of His Fourth Amendment Rights, Leland G. Ripley Jan 1974

Constitutional Law - Fourth Amendment - A Witness May Not Invoke The Exclusionary Rule To Suppress Evidence Before The Grand Jury Or As A Basis For Refusing To Answer Questions Based On Evidence Seized In Violation Of His Fourth Amendment Rights, Leland G. Ripley

Villanova Law Review (1956 - )

No abstract provided.


The Automobile Inventory Search And Cady V. Dombrowski, Robert M. Hall Jan 1974

The Automobile Inventory Search And Cady V. Dombrowski, Robert M. Hall

Villanova Law Review (1956 - )

No abstract provided.


A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part I), Donald E. Wilkes Jr. Jan 1974

A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part I), Donald E. Wilkes Jr.

Scholarly Works

Because it has been esteemed in this state for centuries, the writ of habeas corpus has played a significant role in the history of Georgia civil liberties. Indeed, one Georgia court early state that "[w]hen the writ is applied for, no inquiry is made as to the complexion of the petitioner, or the place of his permanent allegiance. All of every condition, of every country and of every complexion are equally entitled to it, the native of South Africa, not less than the Peer of the Realms." In the first part of his Article, Professor Wilkes examines the origins of …


Fuller V. Oregon, Lewis F. Powell Jr. Oct 1973

Fuller V. Oregon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


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 …


Devitalization Of The Right To A Speedy Trial: The Per Case Method V. The Per Se Theory., J. Michael Myers Mar 1973

Devitalization Of The Right To A Speedy Trial: The Per Case Method V. The Per Se Theory., J. Michael Myers

St. Mary's Law Journal

Abstract Forthcoming.


Constitutional Law - Privilege Against Self-Incrimination - Compulsory Production Of Taxpayer's Business Records In Third Party Possession Held Not Violative Of The Fourth And Fifth Amendments, Douglas Paul Coopersmith Jan 1973

Constitutional Law - Privilege Against Self-Incrimination - Compulsory Production Of Taxpayer's Business Records In Third Party Possession Held Not Violative Of The Fourth And Fifth Amendments, Douglas Paul Coopersmith

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.


Constitutional Law - Rights Of Criminal Defendants - Counsel's Presence Is Not Required At Pre-Indictment Identification Confrontations, Howell K. Rosenberg Jan 1973

Constitutional Law - Rights Of Criminal Defendants - Counsel's Presence Is Not Required At Pre-Indictment Identification Confrontations, Howell K. Rosenberg

Villanova Law Review (1956 - )

No abstract provided.


The Emergency Doctrine Exception To The Warrant Requirement Under The Fourth Amendment, Edward G. Mascolo Jan 1973

The Emergency Doctrine Exception To The Warrant Requirement Under The Fourth Amendment, Edward G. Mascolo

Buffalo Law Review

No abstract provided.


Constitutional Law—Due Process Requires That Limits Be Placed On Psychiatric Confinement Commensurate With The Procedural Safeguards Employed In Obtaining That Confinement., Christopher B. Ashton Jan 1973

Constitutional Law—Due Process Requires That Limits Be Placed On Psychiatric Confinement Commensurate With The Procedural Safeguards Employed In Obtaining That Confinement., Christopher B. Ashton

Buffalo Law Review

McNeil v. Director, Patuxent Institution, 407 U.S. 245 (1972).


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.


Prisoners' Redress For Deprivation Of A Constitutional Right: Federal Habeas Corpus And The Civil Rights Act., Daniel J. Sheehan Jr. Dec 1972

Prisoners' Redress For Deprivation Of A Constitutional Right: Federal Habeas Corpus And The Civil Rights Act., Daniel J. Sheehan Jr.

St. Mary's Law Journal

Franchises, founder-member contracts, and referral-sales agreements are marketing practices used to expand retail businesses and typically categorized as investment contracts. These marketing schemes continue to leave investors susceptible to fraud and misrepresentation because security regulations may fail to adapt to continuously varying methods in which promoters acquire capital. The Securities Act of 1933, the Securities Exchange Commission of 1934, and the Blue Sky Laws were attempts to regulate marketing schemes by establishing purposefully broad definitions of investment contracts. Securities laws were meant to have a liberal application for the purpose of being flexible and adaptive. In 1946, the landmark case …


1) A Consent To A Search And Seizure Can Be Shown When Words Constituting Consent Are Given After Officers Allege They Have Possession Of A Search Warrant; 2) The Right Of Confrontation Is Not Violated When An Out Of Court Confession Of A Third Person Is Introduced At Trial And Implicates The Accused., Michael L. Vaughn Dec 1972

1) A Consent To A Search And Seizure Can Be Shown When Words Constituting Consent Are Given After Officers Allege They Have Possession Of A Search Warrant; 2) The Right Of Confrontation Is Not Violated When An Out Of Court Confession Of A Third Person Is Introduced At Trial And Implicates The Accused., Michael L. Vaughn

St. Mary's Law Journal

Abstract Forthcoming.


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.


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

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

Supreme Court Case Files

No abstract provided.


United States V. Dionisio, Lewis Powell Jr. Oct 1972

United States V. Dionisio, Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.


Miller V. California, Lewis F. Powell Jr. Aug 1972

Miller V. California, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Grand Jury Witness Has Standing As An Aggrieved Person And May Suppress Evidence Obtained As A Result Of An Illegal Wiretap., Terrence W. Mcdonald Mar 1972

Grand Jury Witness Has Standing As An Aggrieved Person And May Suppress Evidence Obtained As A Result Of An Illegal Wiretap., Terrence W. Mcdonald

St. Mary's Law Journal

Abstract Forthcoming.


Recent Developments, Various Editors Jan 1972

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


Recent Developments, Various Editors Jan 1972

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - Search And Seizure - Fourth Amendment Vagueness - Evidence Excluded When Obtained By Search Incident To Vagrancy Arrest Under Statute Previously Held Void For Vagueness, Allen C. Warshaw Jan 1972

Constitutional Law - Search And Seizure - Fourth Amendment Vagueness - Evidence Excluded When Obtained By Search Incident To Vagrancy Arrest Under Statute Previously Held Void For Vagueness, Allen C. Warshaw

Villanova Law Review (1956 - )

No abstract provided.


Juvenile Courts--Juveniles In Delinquency Proceedings Are Not Constitutionally Entitled To The Right Of Trial By Jury--Mckeiver V. Pennsylvania, Michigan Law Review Nov 1971

Juvenile Courts--Juveniles In Delinquency Proceedings Are Not Constitutionally Entitled To The Right Of Trial By Jury--Mckeiver V. Pennsylvania, Michigan Law Review

Michigan Law Review

At a hearing in the juvenile court of Philadelphia in October 1968, Joseph McKeiver was declared a "delinquent child" and placed on probation by a juvenile court judge who determined that McKeiver had violated a Pennsylvania law. The juvenile court petition charged McKeiver, then sixteen years old, with robbery, larceny, and receiving stolen goods as the result of an incident in which McKeiver and twenty or thirty other youths took twenty-five cents from three teenagers. Despite the fact that the evidence against McKeiver consisted primarily of the weak and inconsistent testimony of two of the victims, the juvenile court judge, …


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.