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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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jun 2004

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 Jun 2002

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 Jan 2001

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 Jan 1998

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 Jan 1998

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 Sep 1997

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 Jan 1997

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 Oct 1996

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.


Due Process Jan 1993

Due Process

Touro Law Review

No abstract provided.


Pre-Emption Of Local Law By State Legislature Jan 1991

Pre-Emption Of Local Law By State Legislature

Touro Law Review

No abstract provided.


Clearing The Roadblocks To Sobriety Checkpoints, Mark R. Soble Apr 1988

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 Apr 1980

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. Oct 1978

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 Jan 1973

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. Jan 1973

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 Jan 1973

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 Jan 1973

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 Jan 1973

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. Oct 1972

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 Dec 1968

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 Sep 1965

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 Dec 1963

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 Nov 1961

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 Jan 1960

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 Oct 1958

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 Jun 1958

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 Jan 1956

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 …