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- First Amendment (67)
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Articles 421 - 450 of 481
Full-Text Articles in Fourteenth Amendment
Involuntary Commitment: The Move Toward Dangerousness, 15 J. Marshall L. Rev. 83 (1982), Robert Weissbourd
Involuntary Commitment: The Move Toward Dangerousness, 15 J. Marshall L. Rev. 83 (1982), Robert Weissbourd
UIC Law Review
No abstract provided.
Schoolbooks, School Boards, And The Constitution [Notes], Aleta Estreicher
Schoolbooks, School Boards, And The Constitution [Notes], Aleta Estreicher
Articles & Chapters
No abstract provided.
Committee For Public Education And Religious Liberty V. Regan, Lewis F. Powell Jr.
Committee For Public Education And Religious Liberty V. Regan, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Mccall V. State, 354 So. 2d 869 (Fla. 1978), Arthur C. Beal, Jr.
Mccall V. State, 354 So. 2d 869 (Fla. 1978), Arthur C. Beal, Jr.
Florida State University Law Review
Constitutional Law-THE FINE LINE BETWEEN PROTECTED AND NON-PROTECTED SPEECH
Bell V. Wolfish, Lewis F. Powell, Jr.
Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer
Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer
Scholarly Works
No abstract provided.
New York V. Cathedral Academy, Lewis F. Powell Jr.
New York V. Cathedral Academy, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun
The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun
Publications
No abstract provided.
Constitutional Law—The Public Forum In Nontraditional Areas—Lehman V. City Of Shaker Heights, 418 U.S. 298 (1974), David D. Swartling
Constitutional Law—The Public Forum In Nontraditional Areas—Lehman V. City Of Shaker Heights, 418 U.S. 298 (1974), David D. Swartling
Washington Law Review
In 1970, Harry Lehman, a candidate for election to the Ohio state legislature, attempted to purchase advertising space on local buses belonging to the city of Shaker Heights' rapid transit system. Although space was available, the advertising agent for the transit company rejected Lehman's request because its contract with the city proscribed political advertising on buses. Lehman sought a declaratory judgment and an injunction, alleging violation of the first and fourteenth amendments. The trial court denied relief, and the state supreme court affirmed. In a 5-4 decision, the United States Supreme Court affirmed. In the plurality opinion, Justice Blackmun concluded …
Obscenity, The Law And Religion, Thomas A. Long
Obscenity, The Law And Religion, Thomas A. Long
IUSTITIA
The long history of the relation between Western religion and secular law is both interesting and complex.' In what follows I shall discuss one current social issue which is illustrative of this relation,namely, the relatively recent legal-moral controversy over obscenity.
Doran V. Salem Inn, Inc., Lewis F. Powell Jr.
Doran V. Salem Inn, Inc., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Obscenity -- Federal Statutes Prohibiting Importation And Mail Distribution Of Obscene Materials Do Not Violate First Amendment, Law Review Staff
Obscenity -- Federal Statutes Prohibiting Importation And Mail Distribution Of Obscene Materials Do Not Violate First Amendment, Law Review Staff
Vanderbilt Law Review
Near the end of the 1970-71 term, the Supreme Court considered two cases, United States v. Reidell and United States v. Thirty-Seven (37) Photographs, in which constitutional challenges were raised against federal statutes regulating the distribution and importation of obscene materials. These challenges were engendered by the apparent irreconcilability of the Court's decisions in Roth v. United States and Stanley v. Georgia. In Roth, the Court held that obscenity is not within the scope of first amendment protection for speech and press. In Stanley, however, a first amendment right to possess obscene materials in one's home was recognized, and the …
Perry V. Sinderman, Lewis F. Powell Jr.
Perry V. Sinderman, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Warren Court: Completion Of A Constitutional Revolution, William F. Swindler
The Warren Court: Completion Of A Constitutional Revolution, William F. Swindler
Vanderbilt Law Review
In the final weeks of its sixteen year history, the subject matter of the Warren Court's opinions ranged over most of the major constitutional issues with which it had concerned itself since 1953, and out of which it developed the seminal decisions for which it will be remembered. For example, it upheld an Alabama desegregation plan which provided for proportional racial representation on public school faculties,' and found a snack bar in a privately owned recreational facility to be within the "public accomodations" definition of the Civil Rights Act of 1964. It rejected a North Carolina county's request to reinstate …
Constitutional Problems Of Population Control, Bettye S. Elkins
Constitutional Problems Of Population Control, Bettye S. Elkins
University of Michigan Journal of Law Reform
An analysis of the urgency and magnitude of the population problem would show that both national and human survival depend on limiting man's incredible ability to procreate. The world's resources are finite; man's consumption of them must be made so, too, or Malthus' four horsemen will balance the supply and demand for us. If we are not to starve our grandchildren, to leave them with no immunity to the pestilence of overcrowding and hopelessness, to kill them with pollution, or to force war upon them as the only way to secure enough territory to feed a voracious population, we must …
Constitutional Law - Right Of Free Speech - Tinker V. Independent Community School District, 89 S. Ct. 733 (1969), Terry B. Light
Constitutional Law - Right Of Free Speech - Tinker V. Independent Community School District, 89 S. Ct. 733 (1969), Terry B. Light
William & Mary Law Review
No abstract provided.
The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne
The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne
Faculty Scholarship
Beginning with Justice Douglass's assertion that the State is bound in the same ways when acting as an employer as it is when acting as a governing body, this examination delves deeper to determine how this doctrine actually limits the government when it acts as an employer. This article endorses the theory of examining these limits not in the context of if the government is allowed to enforce them in the public sphere, but if the government may mandate such limits in the private sphere
The Legal Philosophy Of John Marshall, Douglas A. Poe
The Legal Philosophy Of John Marshall, Douglas A. Poe
Vanderbilt Law Review
One of the greatest and most significant constitutional enigmas with which the Supreme Court has grappled during the past two decades has concerned the proper delineation of the first amendment's prohibition against the abridgment of "the freedom of speech." The range of problems confronted has extended from congressional investigations to state obscenity laws, from sit-in demonstrations to the provision of legal counsel by labor unions for their members. An all-encompassing and consistent theory of the first and fourteenth amendments has yet to be articulated by the Court, a situation which is hardly unexpected in view of the disparate claims asserted …
Constitutional Law - Free Speech - Public Transit Advertising - Wirta V. Alameda-Contra Costa Transit Dist., 434 P.2d 982 (Cal. 1966), Joel H. Shane
Constitutional Law - Free Speech - Public Transit Advertising - Wirta V. Alameda-Contra Costa Transit Dist., 434 P.2d 982 (Cal. 1966), Joel H. Shane
William & Mary Law Review
No abstract provided.
Constitutional Law - Civil Liberties, Adderley V. Florida, 87 S.Ct. 242 (1966), Glenn J. Sedam Jr.
Constitutional Law - Civil Liberties, Adderley V. Florida, 87 S.Ct. 242 (1966), Glenn J. Sedam Jr.
William & Mary Law Review
No abstract provided.
Unauthorized Practice Of Law-Union Program Of Hiring Attorneys Is Unauthorized Practice Of Law--Illinois State Bar Ass'n V. United Mine Workers Of America, Michigan Law Review
Unauthorized Practice Of Law-Union Program Of Hiring Attorneys Is Unauthorized Practice Of Law--Illinois State Bar Ass'n V. United Mine Workers Of America, Michigan Law Review
Michigan Law Review
District 12 of the United Mine Workers (UMW) employed an attorney on a salary basis to prosecute members' claims under the Workmen's Compensation Act. Members were free to employ other counsel, but if they sought help from the union lawyer, the union agreed not to interfere with the attorney-client relationship. The attorney prepared his case from filed reports of the accidents, and, generally, his first contact with the union member was when they appeared before the Commission. Since the attorney was compensated by the union, the entire amount received in award or settlement went to the member. The Illinois Bar …
The Griswold Penumbra: Constitutional Charter For An Expanded Law Of Privacy?, Robert G. Dixon Jr.
The Griswold Penumbra: Constitutional Charter For An Expanded Law Of Privacy?, Robert G. Dixon Jr.
Michigan Law Review
The comments that follow are divided into a brief review, for purposes of perspective, of the elusive nature of "privacy" as developed in American law to date, and an attempted rigorous analysis of the privacy aspects of Griswold. A final section suggests that effectuation of the new constitutional right of marital privacy necessarily or derivatively implies a corollary right of access to birth control information and devices-a right which should have been more clearly articulated by the Court.
Nine Justices In Search Of A Doctrine, Thomas I. Emerson
Nine Justices In Search Of A Doctrine, Thomas I. Emerson
Michigan Law Review
To the ordinary layman, Griswold v. Connecticut seemed easy. But to the lawyer it was somewhat more difficult. The lawyer's problem with the case was that the issues did not readily fit into any existing legal pigeonhole. Actually, there were five possibilities. The case could have been dealt with under the equal protection clause, the first amendment, substantive due process, the right of privacy, or, in extremis, the ninth amendment. In order to strike down the statute under any of these doctrines, however, the Court would be forced to enter uncharted waters. Whatever course the Court took, its action …
Penumbras, Peripheries, Emanations, Things Fundamental And Things Forgotten: The Griswold Case, Paul G. Kauper
Penumbras, Peripheries, Emanations, Things Fundamental And Things Forgotten: The Griswold Case, Paul G. Kauper
Michigan Law Review
The varying theories followed in the several opinions in the Griswold case can be fully understood and appreciated only in the context of the tortuous but fascinating history of the judicial interpretation of the fourteenth amendment.
The Right Of Privacy: Emanations And Intimations, Robert B. Mckay
The Right Of Privacy: Emanations And Intimations, Robert B. Mckay
Michigan Law Review
When Louis Brandeis and Samuel Warren wrote in 1890 of "The Right to Privacy," they sought a means of protecting against unwelcome newspaper attention to social activities in the Warren household. Addressing their argument to the private law of torts, they presumably did not anticipate constitutional protection for other rights under the claim of privacy. Nevertheless, seventy· five years later that concept, now called the "right of privacy," was used by the Supreme Court of the United States in Griswold v. Connecticut to describe a constitutional right. Some members of the Court said the new right was within the "penumbra" …
Privacy In Connecticut, Arthur E. Sutherland
Privacy In Connecticut, Arthur E. Sutherland
Michigan Law Review
Occasionally a judgment of our Supreme Court, delivered in a superficially petty case, suddenly before our startled eyes displays fundamentals of our constitutional theory. Thus, in Griswold v. Connecticut, holding unconstitutional an 1879 Connecticut statute forbidding all persons to use contraceptive devices, the Court found it necessary to discover a "right of privacy" latent in the Bill of Rights and incorporated into the due process clause of the fourteenth amendment. The outcome of the case is satisfying; all nine Justices joined in saying, in one way or another, that Connecticut's statute was nonsense. I am happy to see this …
Prayer, Public Schools And The Supreme Court, Paul G. Kauper
Prayer, Public Schools And The Supreme Court, Paul G. Kauper
Michigan Law Review
A more complete understanding of the case, while doing much to temper the initial outburst of disapproval, did not by any means dispel all criticism of the decision or allay all the apprehensions aroused by it. Believing that the Supreme Court's opinion was premised on a fundamentally erroneous interpretation of the establishment clause of the first amendment, Bishop James A. Pike headed a movement to amend the Constitution so as to restore what he regarded as the true and intended meaning of its pertinent language. In the meantime, the Supreme Court has agreed to review and has heard argument on …
The EngelCase From A Swiss Perspective, F. William O'Brien
The EngelCase From A Swiss Perspective, F. William O'Brien
Michigan Law Review
On June 25, 1962, the Supreme Court of the United States held that the State of New York, by using its public school system to encourage recitation of a prayer during classroom hours, had adopted a practice wholly inconsistent with that clause of the first amendment, applicable to the states by virtue of the fourteenth amendment, which prohibits laws respecting an establishment of religion. The opinion of the Court, written by Mr. Justice Black for himself and four other Justices, is interesting in that he rests the Court's decision exclusively upon the establishment clause. In previous decisions, the Court had …
Constitutional Law-Civil Rights-Threat Of Mob Violence As Justification For Restraint On Exercise Of Right To Travel In Interstate Commerce, Chester A. Skinner
Constitutional Law-Civil Rights-Threat Of Mob Violence As Justification For Restraint On Exercise Of Right To Travel In Interstate Commerce, Chester A. Skinner
Michigan Law Review
Pursuant to a plan to test for racial segregation in interstate commerce facilities, white and Negro students traveled through Alabama on an interstate bus journey. In Birmingham and Anniston, the students were assaulted by members of the Ku Klux Klan and other conspirators; at or near Anniston one of the buses was destroyed. On arrival at Montgomery, the students were again assaulted and intimidated by members of the Ku Klux Klan and various other individuals. The Montgomery police, with full knowledge of the impending violence, did nothing to protect the personal safety of the interstate travelers. The plaintiff, United States, …
Freedom Of Religion: Recent Sunday Closing Laws Cases, John E. Donaldson
Freedom Of Religion: Recent Sunday Closing Laws Cases, John E. Donaldson
William & Mary Law Review
No abstract provided.