Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (66)
- Supreme Court of the United States (39)
- Civil Rights and Discrimination (22)
- Criminal Procedure (18)
- Courts (14)
-
- Criminal Law (12)
- State and Local Government Law (12)
- Jurisprudence (11)
- Fourth Amendment (9)
- Legal History (9)
- Evidence (8)
- First Amendment (8)
- Law Enforcement and Corrections (8)
- Law and Society (8)
- Jurisdiction (7)
- Law and Race (7)
- Juvenile Law (6)
- Labor and Employment Law (6)
- Law and Gender (6)
- Law and Politics (6)
- Family Law (5)
- Legislation (5)
- Medical Jurisprudence (5)
- Sexuality and the Law (5)
- Education Law (4)
- Human Rights Law (4)
- Judges (4)
- Public Law and Legal Theory (4)
- Institution
-
- University of Michigan Law School (47)
- Touro University Jacob D. Fuchsberg Law Center (11)
- Maurer School of Law: Indiana University (7)
- University of Colorado Law School (5)
- University of Maine School of Law (4)
-
- University of Washington School of Law (4)
- Washington and Lee University School of Law (3)
- Cleveland State University (2)
- Florida A&M University College of Law (2)
- St. Mary's University (2)
- University of Georgia School of Law (2)
- University of Richmond (2)
- Barry University School of Law (1)
- Boston University School of Law (1)
- Duquesne University (1)
- Fordham Law School (1)
- Georgetown University Law Center (1)
- Liberty University (1)
- Pace University (1)
- Penn State Dickinson Law (1)
- Pepperdine University (1)
- Roger Williams University (1)
- The Catholic University of America, Columbus School of Law (1)
- The University of Akron (1)
- University of Arkansas, Fayetteville (1)
- University of Kentucky (1)
- Publication Year
- Publication
-
- Michigan Law Review (35)
- Articles (9)
- Touro Law Review (9)
- Indiana Law Journal (5)
- Publications (5)
-
- Maine Law Review (4)
- University of Michigan Journal of Law Reform (4)
- Faculty Scholarship (3)
- Scholarly Works (3)
- Supreme Court Case Files (3)
- Law Faculty Publications (2)
- Michigan Journal of Gender & Law (2)
- St. Mary's Law Journal (2)
- Akron Law Review (1)
- Amicus Briefs (1)
- Arkansas Law Review (1)
- Articles by Maurer Faculty (1)
- Catholic University Law Review (1)
- Cleveland State Law Review (1)
- Dickinson Law Review (2017-Present) (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Et Cetera (1)
- Florida A & M University Law Review (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Indiana Journal of Global Legal Studies (1)
- Journal of Race, Gender, and Ethnicity (1)
- Kentucky Law Journal (1)
- Michigan Law Review Online (1)
- Pepperdine Law Review (1)
- Roger Williams University Law Review (1)
- Publication Type
Articles 91 - 105 of 105
Full-Text Articles in Fourteenth Amendment
The Constitution And Preclusion/Res Judicata, Allan D. Vestal
The Constitution And Preclusion/Res Judicata, Allan D. Vestal
Michigan Law Review
The interrelation of lawsuits is one of the most troublesome, yet least commented upon, areas of the law. The ramifications are great; related lawsuits may be pending concurrently, either brought by the same individual-repetitive litigation--or brought by different parties-reactive litigation. Such lawsuits may occur serially over a period of time. The courts are then faced with problems which have traditionally been discussed in terms of res judicata, bar, merger, or estoppel. It is impossible to cover the whole area or even a sizable part of it in a single article, but it is feasible to examine one facet which certainly …
Political Thickets And Crazy Quilts: Reapportionment And Equal Protection, Robert B. Mckay
Political Thickets And Crazy Quilts: Reapportionment And Equal Protection, Robert B. Mckay
Michigan Law Review
If asked to identify the two most important cases decided by the Supreme Court of the United States in the twentieth century, informed observers would be likely to name, in whichever order, Brown v. Board of Education and Baker v. Carr.
Betts V. Brady Twenty Years Later: The Right To Counself And Due Process Values, Yale Kamisar
Betts V. Brady Twenty Years Later: The Right To Counself And Due Process Values, Yale Kamisar
Michigan Law Review
I am quite distressed by talk that the landmark case of Mapp v. Ohio "suggests by analogy" that the Court may now overrule Betts v. Brady. For whether one talks about the fourth or the sixth amendment, there is much to be said for Justice Harlan's dissenting views in Mapp. "[W]hatever configurations ... have been developed in the particularizing federal precedents" should not be "deemed a part of 'ordered liberty,' and as such ... enforceable against the States .... [W]e would not be true to the Fourteenth Amendment were we merely to stretch the general principle [ of …
Church And State: Cooperative Separatism, Paul G. Kauper
Church And State: Cooperative Separatism, Paul G. Kauper
Michigan Law Review
Nothing is better calculated to stimulate argument, arouse controversy, excite the emotions and even produce intense visceral reactions than a discussion of church-state relations. Always a subject of lively interest, it has received added attention and emphasis in recent months. Perhaps at no time in at least the modem era of American history have the questions of the proper relationship between religion and government been more thoroughly publicized and explored, and the issues more widely debated, than during the period beginning with the presidential campaign of 1960.
Constitutional Law- Freedom Of Religion- Tuition Payments To Parochial Schools Violate Fourteenth Amendment, William S. Bach
Constitutional Law- Freedom Of Religion- Tuition Payments To Parochial Schools Violate Fourteenth Amendment, William S. Bach
Michigan Law Review
Because defendant school district did not maintain a high school within the school district, tuition payments were made, as provided by statute, to the high schools attended by pupils residing within the district. The parents of each student selected the high school to be attended. As a result of this program, some tuition payments were made to high schools operated by the Roman Catholic Church. Plaintiff taxpayer sought in a declaratory judgment a determination of the validity of tuition payments made to Catholic high schools under the United States Constitution and the Constitution of Vermont. The court of chancery held …
Habeas Corpus - Procedural Prerequisites - Motion Denied For Failure To Appeal Convicion Despite Failure Being Excusable, Harvey O. Mierke Jr.
Habeas Corpus - Procedural Prerequisites - Motion Denied For Failure To Appeal Convicion Despite Failure Being Excusable, Harvey O. Mierke Jr.
Michigan Law Review
Plaintiff was convicted of robbery in a federal district court and, although represented by counsel, failed to appeal within the statutory ten-day period. Three months later he filed a motion in the same court under section 2255 of the judicial code to vacate the sentence on the ground that the conviction, because it was based on a coerced confession, was unconstitutionally obtained without due process of law. The motion was denied and the denial affirmed, in the absence of any attempt to excuse the failure to appeal. On reargument, plaintiff attempted to excuse his failure to appeal by alleging that …
Constitutional Law - Search And Seizure - Duty Of Home Owner To Permit Housing Inspection Without A Warrant, Joseph J. Schneider
Constitutional Law - Search And Seizure - Duty Of Home Owner To Permit Housing Inspection Without A Warrant, Joseph J. Schneider
Michigan Law Review
A Dayton, Ohio, city ordinance authorized housing inspectors to inspect any dwelling, without requiring a search warrant, for the purpose of safeguarding the public health and safety. Acting in compliance with the requirements of this ordinance, city housing inspectors requested admittance to appellant's home in order to conduct a health inspection. Appellant refused to permit the inspectors to enter and inspect his home without a search warrant, and was therefore arrested and confined for violating the ordinance. Discharge of appellant in habeas corpus proceedings was reversed by the Ohio Court of Appeals. On appeal to the United States Supreme Court, …
Constitutional Law - Substantive Due Process - Statute Prohibiting Use Of Contraceptives, Erik J. Stapper S.Ed.
Constitutional Law - Substantive Due Process - Statute Prohibiting Use Of Contraceptives, Erik J. Stapper S.Ed.
Michigan Law Review
A Connecticut statute prohibits the use of contraceptives to prevent conception. Plaintiff-doctor sought a declaratory judgment to have the statute declared unconstitutional as an unreasonable restraint on his right to practice his profession inasmuch as his advice would render him an accessory to a violation of the statute. Three companion cases were also brought, one by a patient to whom another pregnancy would present serious danger, and two by married couples who could not give birth to normal children. The patients claimed that the statute deprived them of the doctor's best medical advice which would relieve them of a dangerous …
Constitutional Law - Due Process - Summary Dismissal Of A State Employee Who Invokes Fifth Amendment Before A Congressional Committee, John L. Peschel
Constitutional Law - Due Process - Summary Dismissal Of A State Employee Who Invokes Fifth Amendment Before A Congressional Committee, John L. Peschel
Michigan Law Review
While employed as a social worker by the County of Los Angeles, Globe was subpoenaed to appear before a subcommittee of the House Un-American Activities Committee. California law imposed a duty on public employees to appear before certain tribunals and answer questions within specified categories, including an inquiry by a committee of the United States Congress as to past or present membership in the Communist Party. Failure to comply with the statute constituted insubordination, which would result in dismissal "in the manner provided by law." Because Globe had not yet acquired tenure, he was not entitled under civil service rules …
Constitutional Law- Equal Protection - Right To Counsel In Appeal By Indigent Person, Gertrude S. Rosenthal S.Ed.
Constitutional Law- Equal Protection - Right To Counsel In Appeal By Indigent Person, Gertrude S. Rosenthal S.Ed.
Michigan Law Review
Following his conviction for assault with intent to commit rape, defendant gave notice of appeal. Declaring he was indigent but with meritorious grounds for prosecuting an appeal, he petitioned the appellate court for the appointment of counsel to present his case by brief and oral argument. No information concerning the defendant's age, education or experience was given by the petition, nor were specific grounds for review alleged. Appeal is a matter of right in criminal cases in the jurisdiction. Held, petition denied, two judges dissenting. No action will be taken until a transcript of the record is filed. The …
Civil Procedure - Jurisdiction - Service Of Process On Foreign Television Corporation, Arnold Henson S.Ed.
Civil Procedure - Jurisdiction - Service Of Process On Foreign Television Corporation, Arnold Henson S.Ed.
Michigan Law Review
Defendant, a West Virginia corporation, operated a television station in Huntington, West Virginia. Its telecasts regularly reached into Boyd County, Kentucky, where part of its customary viewing audience was located. During a twelve-month period in 1954-1955 the corporation derived $71,310.30 in advertising revenue from Kentucky firms, although the contracts for this advertising were made outside Kentucky. In the course of a newscast defendant published an alleged libel against plaintiff, and suit was brought in Boyd County Court. Substituted service of process was made on the Secretary of State in accordance with the Kentucky "doing business" statute, and defendant then removed …
Scientific Investigation And Defendants' Rights, B. J. George Jr.
Scientific Investigation And Defendants' Rights, B. J. George Jr.
Michigan Law Review
Advances in science, medicine and industry have made much of the world a more pleasant place in which to live. In general more men are living a physically more satisfying life in more comfortable surroundings than preceding generations. But with this has come a parallel increase in criminality to the point that the term "crime wave" is heard with increasing frequency. Many crimes are facilitated in their commission by adaption or application of new scientific discoveries by criminal elements. A natural consequence is that already overburdened police departments turn as quickly as is financially possible to new scientific techniques in …
Constitutional Law - Due Process - Right Of Witness To Counsel Before State Investigatory Officer, William G. Mateer S.Ed.
Constitutional Law - Due Process - Right Of Witness To Counsel Before State Investigatory Officer, William G. Mateer S.Ed.
Michigan Law Review
After a fire occurred on the premises of appellants' corporation, the state fire marshal started an investigation into the causes of the fire, and subpoenaed appellants to appear as witnesses. Ohio law provides that such investigations may be conducted in private and gives the fire marshal power to punish summarily witnesses who refuse to testify. Appellants refused to testify without the presence of their counsel, who had accompanied them to the place of questioning. Appellants were thereafter committed to the county jail by the deputy fire marshal who conducted the investigation. On appeal from denial of a writ of habeas …
Current Decision, Due Process--Use Of Blood Tests To Determine Intoxication Not Violative Of Due Process, Howard Klemme
Current Decision, Due Process--Use Of Blood Tests To Determine Intoxication Not Violative Of Due Process, Howard Klemme
Publications
No abstract provided.
Due Process Of Law Under The United States Constitution, Hugh Evander Willis
Due Process Of Law Under The United States Constitution, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.