Fourteenth Amendment Commons^™

Equal Protection Against Unnecessary Police Violence And The Original Understanding Of The Fourteenth Amendment: A Comment, Alfred Avins

Buffalo Law Review

No abstract provided.

Book Reviews, Stanley D. Rose, Robert M. Anderson, Robert J. Harris, Harry Holloway, Robert L. Birmingham

Vanderbilt Law Review

Cardozo and Frontiers of Legal Thinking By Beryl Harold Levy Cleveland: The Press of Case Western Reserve University, 1969.Pp. xi, 365. $9.95.

reviewer: Stanley D. Rose

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City Politics and Planning By Francine F. Rabinovitz New York: Atherton Press, Inc. 1969. Pp. 192. $6.95

reviewer: Robert M. Anderson

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Everyman's Constitution: Historical Essays on the Fourteenth Amendment, the "Conspiracy Theory," and American Constitutionalism By Howard Jay Graham Madison: State Historical Society of Wisconsin, 1968. Pp. xiv, 631. $12.95

reviewer: Robert J. Harris

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The Impact of Negro Voting: The Role of the Vote in the Quest for Equality By William …

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 Law - Trusts - State Action Under The Fourteenth Amendment - Evans V. Abney, 90 S. Ct. 628 (1970), Fred K. Morrison

William & Mary Law Review

No abstract provided.

Human Rights In The United States: Two Decades' Development, David S. Bogen

Faculty Scholarship

No abstract provided.

State Double Jeopardy After Benton V. Maryland, Richard G. Larsen

Loyola University Chicago Law Journal

No abstract provided.

The Problem Of The "Newcomer's Divorce" - Whitehead V. Whitehead

Maryland Law Review

No abstract provided.

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 …

Katzenbach V. Morgan And The 18 Year Old Vote, E. Rick Buell Ii

University of Michigan Journal of Law Reform

Recently the 91st Congress passed the Voting Rights Act Amendments of 1970. The provisions of the statute include Title III which extended the right of suffrage to eighteen year old citizens in all federal, state, and local elections. The basis for enacting Title III was the belief of Congress that citizens between the ages of eighteen and twenty-one, by being denied the right to vote, were being denied equal protection of the laws as required by the Fourteenth Amendment to the United States Constitution. The purpose of this note is to briefly trace the historical development of Congress' power to …

The Constitutional Rights Of Teachers And Professors, William W. Van Alstyne

Faculty Publications

The discussion examines the current state of educators' rights and identifies two key areas that are still hotly contested: extramural utterances that my be critical of the institution itself and a teacher's freedom with his own classroom. A survey of two recent cases illuminates these issues.

Criminal Law - Double Jeopardy - Benton V. Maryland, 89 S. Ct. 2056 (1969), Lawrence J. Lipka

William & Mary Law Review

No abstract provided.

Defendants' Memorandum In Opposition To Motion For Convening Three-Judge Court And Defendants' Memorandum In Support Of Defendants' Answer, City Of Union City, California

Other Cases

No abstract provided.

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.

Constitutional Law--Equal Protection--Property Ownership Qualifications On The Right To Vote In Special Municipal Elections--Cipriano V. City Of Houma, Michigan Law Review

Michigan Law Review

Plaintiff, a resident of Houma, Louisiana, who owned no real property, brought a class action seeking to prevent the city from issuing utility revenue bonds approved by a vote of the property taxpayers at a special election. He argued that the Louisiana statute restricting the right to vote in such elections to property owners was unconstitutional. Plaintiff relied on Harper v. Virginia Board of Elections, in which the Supreme Court declared that Virginia's required payment of poll taxes for voting in general elections was a violation of the equal protection clause of the fourteenth amendment. Harper, he claimed, …

State's Power To Require An Individual To Protect Himself

Washington and Lee 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

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

A Constitution For Every Man, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Denial Of Loss Of Consortium To Wife As Violation Of Fourteenth Amendment Right Of Equal Protection, Ann L. Mccallister

Indiana Law Journal

No abstract provided.

Civil Disobedience: Is It Justified?, W. T. Blackstone

Georgia Law Review

THE question, "Is civil disobedience justified?", raises profound problems of ethics and legal and political philosophy. Perhaps a precise and general answer to this question is impossible, but in this Article I wish to elucidate the various components and aspects of this question so that, to whatever extent possible, it can be intelligibly formulated and answered. It seems plain that we first must have a clear-cut definition of what constitutes civil disobedience, and it is plainly the case that many discussions of the question of civil disobedience have been both confusing and unfruitful because the participants did not have an …

Human Rights: A Tide In The Affairs Of Men, Paul G. Kauper

Georgia Law Review

MANY movements are discernible in these turbulent days of social change and revolution. Not the least is a great tidal movement, global in its dimensions, for the articulation, extension and more effective vindication of human rights. The celebration in 1968 of the twentieth anniversary of the adoption by the United Nations Assembly of the Declaration of Human Rights riveted special attention on the human rights movement and makes this subject particularly appropriate. Since the phrasing is so apt to describe the situation, I hope I shall be forgiven for cribbing a part of Shakespeare's familiar sentence and using it in …

A Constitution For Every Man, William W. Van Alstyne

Faculty Publications

This review praises the collection of essays presented during the one hundredth anniversary of the ratification of the Fourteenth Amendment. The works expand on previous scholarship regarding the Fourteenth Amendment and provides a thorough understanding with smooth transitions through the Amendment’s different complexities and its history.

Reapportionment: Success Story Of The Warren Court, Robert B. Mckay

Michigan Law Review

The fascinating thing about this major engagement of the Warren Court is that the principal decisions came to the Court late-1962 and after. Although these decisions precipitated a revolution in the concept and practice of legislative representation at every level of government, they were implemented quickly and with surprisingly little dislocation. The following remarks are intended to report the fact of that adjustment and to explain, to the extent the phenomenon is now understandable, why the change was so easily accomplished. When compared with the delay in public acceptance of decisions in the other areas mentioned above, the success of …

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

William & Mary Law Review

No abstract provided.

Sex Discrimination In Employment Under Title Vii Of The Civil Rights Act Of 1964, Anthony R. Mansfield

Vanderbilt Law Review

On July 2, 1964, President Johnson signed into law the Civil Rights Act of 1964,' the most far-reaching civil rights legislation in history.Much has been written about the act, but almost without exception the writers have been concerned with the ban of discrimination in employment on the basis of race or color. But the most radical and troublesome characteristic of Title VII of the Civil Rights Act is its outlawing of employment discrimination based on sex. It is the purpose of this note to examine this largely ignored aspect of the act. The inquiry will first examine the regulation of …

Criminal Law - Constitutional Law - Vagrancy Statutes And Due Process - Alegata V. Commonwealtb, 231 N.E.2d 201 (Mass. 1967)

William & Mary Law Review

No abstract provided.

The Right To Counsel And The Role Of Counsel In Juvenile Court Proceedings, Daniel L. Skoler

Indiana Law Journal

Symposium on Juvenile Problems: In re Gault

Post-Miranda Retrials Of Pre-Miranda Defendants

Washington and Lee Law Review

No abstract provided.

Constitutional Law - Criminal Law - Right To Counsel At Probation Revocation Hearings - Mempa V. Rhay, 389 U.S. 128 (1967)

William & Mary Law Review

No abstract provided.

Constitutional Law--Civil Rights--State Action Under The Fourteenth Amendment, John Charles Lobert

West Virginia Law Review

No abstract provided.