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Articles 361 - 390 of 449
Full-Text Articles in Transportation Law
Revoke First, Ask Questions Later: Challenging Minnesota’S Unconstitutional Pre-Hearing Revocation Scheme, Jeffrey S. Sheridan, Erika Burkhart Booth
Revoke First, Ask Questions Later: Challenging Minnesota’S Unconstitutional Pre-Hearing Revocation Scheme, Jeffrey S. Sheridan, Erika Burkhart Booth
William Mitchell Law Review
This analysis of the constitutionality of Minnesota’s prehearing revocation scheme begins by explaining the mechanics of Minnesota’s implied consent statute. Because the United States Supreme Court has established minimum procedural due process protections that must be afforded drivers, this backdrop is examined. After considering the federal standards for procedural due process, the numerous changes to Minnesota’s implied consent statute will be addressed. Next, the current challenge will be discussed, including the factual basis for the challenge, the arguments for the statute’s unconstitutionality, and the district court’s decision. Finally, this note will conclude that, given the dramatic increase in the private …
State V. Askerooth: Re-Applying The Terry Principle Of Reasonableness To Traffic Stops Under The Minnesota Constitution, Jodie Carlson
State V. Askerooth: Re-Applying The Terry Principle Of Reasonableness To Traffic Stops Under The Minnesota Constitution, Jodie Carlson
William Mitchell Law Review
This note first discusses the Minnesota Supreme Court’s use of the Minnesota Constitution to provide broader protections for its citizens in the area of Fourth Amendment search and seizure law. This note then explains the rationale for the Minnesota Supreme Court’s decision in Askerooth. Finally, this note discusses the Atwater decision and whether it was necessary for the Minnesota Supreme Court to decide Askerooth under the state constitution.
Revisiting Granite Falls:Why The Seattle Monorail Project Requires Re-Examination Of Washington's Prohibition On Taxation Without Representation, Matthew Senechal
Revisiting Granite Falls:Why The Seattle Monorail Project Requires Re-Examination Of Washington's Prohibition On Taxation Without Representation, Matthew Senechal
Seattle University Law Review
The composition and actions of the un-elected Seattle Monorail Project (SMP) Board raise the question of whether the Washington State Constitution permits the legislature to delegate its taxing power to municipal corporations governed by unelected boards. Stated differently, the SMP Board and its actions present the question of whether the Washington State Constitution requires that local taxes be imposed only by officials who are elected by, and accountable to, the electorate burdened by the tax. While Washington's Constitution, political structures, and legal doctrine are designed to prevent "taxation without representation," the recent case of Granite Falls Library Facility Area v. …
Red Flagging Civil Liberties And Due Process Rights Of Airline Passengers: Will A Redesigned Capps Ii System Meet The Constitutional Challenge?, Leigh A. Kite
Washington and Lee Law Review
No abstract provided.
United States V. Drayton: Supreme Court Upholds Standards For Police Conduct During Bus Searches, Andera K. Mitchell
United States V. Drayton: Supreme Court Upholds Standards For Police Conduct During Bus Searches, Andera K. Mitchell
American University Law Review
No abstract provided.
Stopping A Moving Target, Sherry F. Colb
Stopping A Moving Target, Sherry F. Colb
Cornell Law Faculty Publications
No abstract provided.
Double Jeopardy, Supreme Court, Appellate Division Second Department: People V. Haishun
Double Jeopardy, Supreme Court, Appellate Division Second Department: People V. Haishun
Touro Law Review
No abstract provided.
Double Jeopardy, Supreme Court, Appellate Term Second Judicial Department: People V. Steele
Double Jeopardy, Supreme Court, Appellate Term Second Judicial Department: People V. Steele
Touro Law Review
No abstract provided.
Sanctioning "Thousands Upon Thousands Of Petty Indignities": The Supreme Court's Creation Of A Constitutional Free Zone For Police Seizure Of Innocent Passengers In Maryland V. Wilson, George M. Dery Iii
Washington and Lee Law Review
No abstract provided.
Feeling Violated: Seventh Circuit Puts The Squeeze On Fourth Amendment Rights Of Bus Travelers, 31 J. Marshall L. Rev. 245 (1997), Andrew J. Purcell
Feeling Violated: Seventh Circuit Puts The Squeeze On Fourth Amendment Rights Of Bus Travelers, 31 J. Marshall L. Rev. 245 (1997), Andrew J. Purcell
UIC Law Review
No abstract provided.
The Anti Car Theft Act Of 1992: Federal Cops, Highway Robbers, And The Constitution, Kevin J. Coyle
The Anti Car Theft Act Of 1992: Federal Cops, Highway Robbers, And The Constitution, Kevin J. Coyle
North Carolina Central Law Review
No abstract provided.
Pre-Emption Of Local Law By State Legislature
Clearing The Roadblocks To Sobriety Checkpoints, Mark R. Soble
Clearing The Roadblocks To Sobriety Checkpoints, Mark R. Soble
University of Michigan Journal of Law Reform
This Note examines the constitutional and policy implications of sobriety checkpoints. Part I discusses the competing interests involved in implementing sobriety checkpoints. Part II presents an appropriate constitutional standard for judging sobriety checkpoints. Part III proposes reform-oriented measures that conform to constitutional guidelines. This Note concludes that properly conducted sobriety checkpoints are constitutional.
The Automobile Exception To The Warrant Requirement: Speeding Away From The Fourth Amendment, Gene W. Gardner
The Automobile Exception To The Warrant Requirement: Speeding Away From The Fourth Amendment, Gene W. Gardner
West Virginia Law Review
No abstract provided.
Edmonds V. Compagnie Generale Transatlantique, Lewis F. Powell Jr.
Edmonds V. Compagnie Generale Transatlantique, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Fourth Amendment At The Airport: Arriving, Departing, Or Cancelled, Joel M. Gora
The Fourth Amendment At The Airport: Arriving, Departing, Or Cancelled, Joel M. Gora
Villanova Law Review (1956 - )
No abstract provided.
The Government's Response To Hijacking, Benjamin O. Davis Jr.
The Government's Response To Hijacking, Benjamin O. Davis Jr.
Villanova Law Review (1956 - )
No abstract provided.
Skyjacking: Problems And Potential Solutions - Introduction, Donald W. Dowd
Skyjacking: Problems And Potential Solutions - Introduction, Donald W. Dowd
Villanova Law Review (1956 - )
No abstract provided.
Air Crimes: Perspective From The Cockpit, John J. O'Donnell
Air Crimes: Perspective From The Cockpit, John J. O'Donnell
Villanova Law Review (1956 - )
No abstract provided.
Skyjacking: Problems And Potential Solutions, Benjamin O. Davis Jr., Joel M. Gora, John B. Hannum, John T. Dailey
Skyjacking: Problems And Potential Solutions, Benjamin O. Davis Jr., Joel M. Gora, John B. Hannum, John T. Dailey
Villanova Law Review (1956 - )
No abstract provided.
Atchison, Topeka & Sante Fe Railroad Co. V. Wichita Board Of Trade, Lewis F. Powell Jr.
Atchison, Topeka & Sante Fe Railroad Co. V. Wichita Board Of Trade, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Constitutional Law--Police Power--Michigan Statute Requiring Motorcyclists To Wear Protective Helmets Held Unconstitutional, Michigan Law Review
Constitutional Law--Police Power--Michigan Statute Requiring Motorcyclists To Wear Protective Helmets Held Unconstitutional, Michigan Law Review
Michigan Law Review
The effects of the helmet decisions on the law in general may be substantial. On the one hand, if a helmet statute is held constitutional, inroads could be made upon personal liberty; the legislature might rely on similar strained and unproved relationships to the general welfare in order to justify regulations impinging upon other areas of individual conduct. On the other hand, to hold such a statute unconstitutional may require the judiciary to interfere unreasonably with the legislature's conception of public welfare. In light of these considerations, courts dealing with challenges to such regulations in the future should pay closer …
Search Of Automobile After Arrest For A Traffic Violation
Search Of Automobile After Arrest For A Traffic Violation
Washington and Lee Law Review
No abstract provided.
Book Reviews, Richard A. Falk, Hans A. Linde, Leonard S. Powers, S. A. Bayitch, Fritz R. Kahn
Book Reviews, Richard A. Falk, Hans A. Linde, Leonard S. Powers, S. A. Bayitch, Fritz R. Kahn
Journal of Legal Education
No abstract provided.
Constitutional Law-Eminent Domain-Master Flight Plan As A Taking Of Land Under Approach Area To Municipal Airport, Ralph L. Wright S. Ed
Constitutional Law-Eminent Domain-Master Flight Plan As A Taking Of Land Under Approach Area To Municipal Airport, Ralph L. Wright S. Ed
Michigan Law Review
Plaintiff owned land adjacent to the Greater Pittsburgh Airport which lay under an approach area for one of the runways. Allegheny County, in compliance with rules and regulations of the Civil Aeronautics Authority, drafted a "Master Plan," approved by the CAA, which showed the approach area over part of plaintiff's property. Plaintiff sued to recover damages from the county, owner and operator of the airport, alleging an appropriation of his land because of the substantial interference with its use and enjoyment caused by flights at low altitudes above his land during landings and take-offs. Upon an award of damages by …
Constitutional Law- Civil Rights - Union Use Of Dues For Political Action, Paul Hanke
Constitutional Law- Civil Rights - Union Use Of Dues For Political Action, Paul Hanke
Michigan Law Review
Defendant unions under the authority of section 2, Eleventh of the Railway Labor Act obtained union shop agreements from defendant railroads. Non-union employees sought to enjoin enforcement of the agreements because the unions used periodic dues, fees, and assessments to support political doctrines and candidates opposed by plaintiffs. The trial court dismissed for failure to state a cause of action, but the Supreme Court of Georgia overruled the dismissal and remanded. The lower court then ruled that petitioners were denied constitutional liberties and issued the injunction. On appeal, held, affirmed. Enforcement of union shop contracts requiring employees to pay …
Motor Carrier Regulation--An Adventure In Federalism, Val Sanford
Motor Carrier Regulation--An Adventure In Federalism, Val Sanford
Vanderbilt Law Review
By virtue of the nature of our federal system every attempt to regulate extensive economic activity involves constantly recurring problems as to the proper allocation of governmental power between the state and national governments, and thus problems as to the proper balancing of local or state and national interests. The development of motor carrier regulation in the United States has been controlled by the general concepts of federalism and exemplifies the nature of the basic problems inherent in those concepts. The purpose of this article is to examine the regulation of motor carriers from the standpoint of the allocation of …
Landowners' Rights In The Air Age: The Airport Dilemma, William B. Harvey
Landowners' Rights In The Air Age: The Airport Dilemma, William B. Harvey
Michigan Law Review
If Lord Tennyson had been a student of the common law, he might well have qualified his poetic foresight of "the heavens fill[ed] with commerce" by some cautious reference to the complaints of landowners below against the "pilots of the purple twilight, dropping down with costly bales." The result doubtless would have been poorer poetry but a far more accurate forecast of the problems to confront mid-20th century lawyers. Although the phenomenal growth of civil aviation since the first World War has opened up a host of difficulties, the only ones of concern in this article are those presenting the …
Constitutional Law - Interstate Commerce - Validity Of Segregation In Interstate Railway Facilities, Robert W. Steele
Constitutional Law - Interstate Commerce - Validity Of Segregation In Interstate Railway Facilities, Robert W. Steele
Michigan Law Review
The defendant, St. Louis and San Francisco Railway Company, maintained separate accommodations in railway coaches and terminal waiting-rooms for white and Negro passengers. Section 3 (1) of the Interstate Commerce Act makes it unlawful for a rail carrier to subject any person to any unreasonable prejudice or disadvantage. Plaintiff association joined with seventeen individual parties in filing a complaint with the Interstate Commerce Commission charging the carrier with violating the provisions of this act and in seeking an order requiring it to cease and desist from using these discriminatory practices. Held, assignment of accommodations on the basis of race …