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Articles 61 - 66 of 66
Full-Text Articles in Supreme Court of the United States
The "Rebellion" Of William 0. Douglas, Morris D. Forkosch
The "Rebellion" Of William 0. Douglas, Morris D. Forkosch
Georgia Law Review
THE major problem in reviewing another's thoughts is to minimize, since it cannot be eliminated, the interacting and modifying effect of one's own views and personal interpretations. This problem arises in all human relations, especially where words, not deeds, are in issue. According to Holmes, "[a] word is not a crystal, transparent and unchanged; it is the skin of a living thought and may vary greatly in color and content according to the circumstances and the time in which it is used." With this and other admonitions in mind, it becomes clear that one who reads into Points of Rebellion …
Black, White, Brown And Green: Color Consciousness In Public School Desegregation, Fh. Von U.
Black, White, Brown And Green: Color Consciousness In Public School Desegregation, Fh. Von U.
Georgia Law Review
Since 1954 and Brown v. Board of Education it has been against the law to educate white and black children separately. Separate schools, separate classrooms within a single school, or separate seating arrangements within the same classroom are inherently discriminatory. The law which separate education violates is not an HEW Rule, Regulation or Guideline; nor is it a federal statute. Where a public school system includes children of more than one color or national origin, education of any group of children within that system in a school which is identifiable as "belonging" to one race or another violates the United …
The Continuing Challenge Of The Fourteenth Amendment, Thurgood Marshall
The Continuing Challenge Of The Fourteenth Amendment, Thurgood Marshall
Georgia Law Review
I HAVE come here to Athens tonight to help you commemorate a great event of the past. This year marks the centennial of an occurrence which has had, and will continue to have, great impact on the people in this room. It was in 1868, on July 28 to be exact, that Secretary of State Seward certified that the fourteenth amendment had been ratified by three-quarters of the states and had become part of the Constitution. This event is not simply an isolated historical landmark for the students of this school. Historically, the ratification of the Civil War Amendments marked …
The Eleventh Amendment: Adoption And Interpretation, Doyle Mathis
The Eleventh Amendment: Adoption And Interpretation, Doyle Mathis
Georgia Law Review
One of the controversies involving the states and the federal government is the question of suits against the states, brought by citizens of other states in the federal courts. This controversy is centered around the United States Supreme Court decision in Chisholm v. Georgia and the eleventh amendment to the United States Constitu- tion. This article is a study of the events leading to the adoption of the eleventh amendment and the subsequent attempts to gain access to the federal courts in such cases. An effort is made also to clarify Supreme Court interpretation of the eleventh amendment by considering …
Substantive Due Process And Felony Treatment Of Pot Smokers: The Current Conflict, F.H. Von U.
Substantive Due Process And Felony Treatment Of Pot Smokers: The Current Conflict, F.H. Von U.
Georgia Law Review
The Supreme Court, in recent years, has consistently reaffirmed a trend toward a fuller recognition of individual liberties. When these cherished incidents of American citizenship have conflicted with the real or imagined needs of society, the Court has applied a vital and expanding concept of due process to determine the proper balance of interests. It is now recognized that the State must demonstrate a truly rational basis for punishing individual conduct, aid where proscriptive rather than regulatory measures are enacted, legislation must carefully avoid jeopardizing harmless conduct, however offensive to public taste. Restrictive legislation must be grounded in fact, and …
The Georgia Eavesdropping Statute: A Critical Examination In Light Of Berger V. New York, R. W. S., Jr.
The Georgia Eavesdropping Statute: A Critical Examination In Light Of Berger V. New York, R. W. S., Jr.
Georgia Law Review
Mr. Justice Brandeis, dissenting in Olmstead v. United States,2 observed that: Ways may some day be developed by which the Government, without removing papers from secret drawers, can reproduce them in court, and by which it will be enabled to expose to a jury the most intimate occurrences of the home. With the advent of miniaturized circuits and the corresponding subtlety of eavesdropping devices Brandeis' prediction has become a substantial reality. Tubular and parabolic microphones, for example, can intercept conversations held hundreds of yards away and, reportedly, a microwave beam has been developed which can penetrate virtually any obstacle. Wireless …