Fourteenth Amendment Commons^™

Washington's Ballot Restriction For Minor Party Candidates: When Is A Primary Not A Primary?, Emily Calhoun

Publications

No abstract provided.

Does Mississippi's System For Financing Public Schools From "School Lands" Violate Federal Law?, Richard B. Collins

Publications

No abstract provided.

Economic Analysis Of Liberty And Property: A Critique, Peter N. Simon

Publications

No abstract provided.

Log-Rolling And Judicial Review, Michael J. Waggoner

Publications

No abstract provided.

Police Use Of Trickery As An Interrogation Technique, James G. Thomas

Vanderbilt Law Review

This Note maintains that trickery can be effectively curtailed despite the failure of Miranda to do so. This Note argues that trickery in the interrogation room is a violation of fourteenth amendment substantive due process. The Supreme Court has recently stated, in very unambiguous terms, that due process requirements exist independently of the fifth amendment Miranda requirements in the interrogation context." This Note therefore proposes an objective due process standard that would prohibit trickery. The violation of this due process standard would require the exclusion at trial of confessions induced by trickery. Because the exclusionary rule is not a sufficient …

Recent Cases, James S. Hutchinson, James R. Newson, Iii, Andrew W. Byrd, Judith Mi. Janssen, John E. Tavss

Vanderbilt Law Review

Civil Procedure--Attorney-Client Privilege-- Privilege Protects Communications Made by Corporate Employee To Secure Legal Advice and a Matter Committed to a Professional Legal Advisor Is Prima Facie Committed To Secure Legal Advice

James S. Hutchinson

attorney-client privilege, the "predominance" test, legal activities

In summary, courts have not yet resolved how to determine who may qualify as the corporate client for purposes of the attorney-client privilege...

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Constitutional Law-- Confrontation Clause-Admission at Trial of Slain Informant's

Prior Grand Jury Testimony Against Defendants Does …

Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer

Scholarly Works

No abstract provided.

The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun

Publications

No abstract provided.

The Thirteenth And Fourteenth Amendments: Constitutional Authority For Federal Legislation Against Private Sex Discrimination, Emily Calhoun

Publications

No abstract provided.

Judicial Review In Local Government Law: A Reappraisal, Harold H. Bruff

Publications

No abstract provided.

Weinberger V. Wiesenfeld, 95 S. Ct. 1225 (1975), Barbara Cozad Biddle

Florida State University Law Review

Constitutional Law- EQUAL PROTECTION- DENYING SOCIAL SECURITY "MOTHER'S INSURANCE BENEFITS" TO FATHERS VIOLATES EQUAL PROTECTION COMPONENT OF FIFTH AMENDMENT DUE PROCESS CLAUSE.

Goss V. Lopez, 95 S. Ct. 729 (1975), Stephen J. Kubik

Florida State University Law Review

Constitutional Law- FOURTEENTH AMENDMENT- STUDENTS FACING SUSPENSION HAVE PROPERTY AND LIBERTY INTERESTS THAT QUALIFY FOR DUE PROCESS PROTECTION.

Gagnon V. Scarpelli, 411 U.S. 778 (1973), Florida State University Law Review

Florida State University Law Review

Constitutional Law-DUE PROCESS-REVOCATION OF PROBATION WITHOUT PRIOR HEARING VIOLATES PROBATIONER'S FOURTEENTH AMENDMENT RIGHT TO DUE PROCESS; NEED FOR APPOINTED COUNSEL AT REVOCATION HEARING TO BE DETERMINED ON CASE-BY-CASE BASIS.

Recent Development, Law Review Staff

Vanderbilt Law Review

Prisons in the United States house approximately 220,000 felons,'95 percent of whom will eventually return to society Most state legislatures have delegated to prison administrative bodies the power both to establish regulations prescribing proper prison conduct and to impose sanctions for their violation. Prison administrators thus have been granted wide latitude in establishing the procedures by which prisoners are determined to be guilty of disciplinary infractions and punished. Frequently, prisoners who allegedly have violated prison standards are not afforded notice of their offenses, are judged by their accusers, and are awarded disproportionately severe punishment, such as solitary confinement or loss …

Legislative Purpose, Rationality, And Equal Protection, Robert F. Nagel

Publications

No abstract provided.

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 …

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 …

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONSTITUTIONAL LAW--PRE-EMPTION--FEDERAL COMMUNICATIONS ACT OF 1934 DOES NOT INVALIDATE STATE WIRETAPPING STATUTE

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CONSTITUTIONAL LAW--SCHOOLS--UNCONSTITUTIONALITY OF STATUTE REQUIRING BIBLE READING IN PUBLIC SCHOOLS

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CRIMINAL LAW--BRIBERY--OFFER TO GIVE MONEY TO CONGRESSMAN'S POLITICAL PARTY

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CRIMINAL LAW--CONFESSIONS--REQUIREMENT OF CORROBORATION OF EXTRAJUDICIAL CONFESSION

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EVIDENCE--EXPERT TESTIMONY--INADMISSIBILITY OF EXPERT TESTIMONY THAT A NARCOTIC ADDICT IS UNWORTHY OF BELIEF

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FEDERAL RULES CIVIL PROCEDURE--DECLARATORY JUDGMENTS--RIGHT OF COUNTERCLAIMING DEFENDANT TO TRIAL BY JURY

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PROFESSION OF LAW--UNAUTHORIZED PRACTICE--CORPORATION MAY ENGAGE IN ACTIVITIES CONSTITUTING PRACTICE OF LAW IF SUCH ACTIVITIES ARE INCIDENTAL TO ITS PRINCIPAL BUSINESS

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STATE AND LOCAL TAXATION--INVALID ASSESSMENTS-JUDICIAL REVIEW AFTER FAILURE TO …

The Supreme Court And Obscenity, Philip M. Carden

Vanderbilt Law Review

The Supreme Court of the United States has now made binding law of its oft-repeated dictum that obscenity is beyond the pale of constitutionally protected free expression. After being spared-or avoiding-the necessity of ruling squarely on the constitutional status of obscene matter for 169 years, the Court addressed itself to virtually every aspect of the whole slippery problem in a single year. The Court disposed of seven obscene publication cases' in the twelvemonths through January, 1958. These included three reversals this term in memorandum decisions merely citing the major opinion of the series, which was handed down in the combined …

Constitutional Law-Protection Against Double Jeopardy As Element Of Due Process Under Fourteenth Amendment. [United States Supreme Court]

Washington and Lee Law Review

No abstract provided.

Recent Constitutional Developments On Eminent Domain, John L. Bowers Jr., J. L. Boren Jr.

Vanderbilt Law Review

Although the provisions of both state and federal law that cruel and unusual punishments shill not be imposed are considered popularly to relate only to those punishments which exist solely in the books, the provisions are not useless today. Recent cases have shown a tendency to expand the scope of the prohibition, especially with regard to excessive punishment, and to incorporate the proscription within the Fourteenth Amendment to the Federal Constitution. As respect, that which likely will be deemed cruel and unusual, little can be done beyond noting those situations in which the limitation has been applied. If a generalization …

A Modern Supreme Court In A Modern World, Charles F. Curtis

Vanderbilt Law Review

It is all very well, indeed it is very good, to bear down on the fact that the author of the Constitution was, and still is, "We the People of the United States." But there is more sentiment than explanation in it. We think too much about who is the author of the Constitution. Of course it was not the Convention of 1789, nor the First Congress which wrote the Bill of Rights, nor the Thirty-Ninth which wrote the Fourteenth Amendment. It was We the People, but even when we have recognized this, all we have done is recognize that …

Constitutional Law-Scope Of Police Power As Basis For Regulation Of Practice Of Professions [State V. Boren, Wash. 1950]

Washington and Lee Law Review

No abstract provided.

Constitutional Law—Damages Judgment For Breach Of Racial Restrictive Covenant As Violation Of Fourteenth Amendment. [Weiss V. Leaon, Mo. 1949]

Washington and Lee Law Review

No abstract provided.

Constitutional Law-Applicability Of Due Process Clause To Prohibit Admission Of Illegally Obtained Evidence In State Court Trial [Wolf V. Colorado, U. S. Sup. Ct. 1949].

Washington and Lee Law Review

No abstract provided.

Constitutional Law-Inclusion Of Corporation As "Person" Within Meaning Of Equal Protection Clause [Wheeling Steel Corp. V. Glander, U. S. Sup. Ct 1949]

Washington and Lee Law Review

No abstract provided.

Constitutional Law—Validity Of State Statute Requiring Racial Segregation Of Passengers In Interstate Commerce. [United States Supreme Court], John L. Dorsey Jr.

Washington and Lee Law Review

No abstract provided.