CIVIL LIBERTIES DOCKET
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The DOCKET is published four times each year, October to July.
OSMOND K. FRAENKEL, Chairman of DOCKET Board
ANN FAGAN GINGER, Editor
DOUGLAS HILL, Assistant Editor
I. FREEDOM OF EXPRESSION AND ASSOCIATION (FIRST AMENDMENT RIGHTS) (10-299) MATERIAL ON U.S. SUPREME COURT Lecture: Hon. William O. Douglas, Meiklejohn Lecture, Brown U., Providence, R.I., May 3, 1963. Special Section on Justice Felix Frankfurter: 76 Harvard 1-24, by Dean Acheson, Lord Evershed, Paul A. Freud, Erwin N. Griswold, John M. Harlan, Archibald MacLeish, Reinhold Niebuhr. Law review articles: Charles A. Reich, Mr. Justice Black and the living Constitution, 76 Harvard 673-754. Norman Dorsen, Sen. Eastland's attack on the U.S. Supreme Court: An analysis and response, 111 U. Pa. 693-707. M. P. Golding, Principled decision-making and the Supreme Court, 63 Columbia 35-58. Martin Shapiro, Judicial modesty: Down with the old! Up with the new? 10 UCLA 533-560. Charles Fried, Two concepts of interests: Some reflections on the Supreme Court's balancing test, 76 Harvard 755-78. Daniel J. Meador, Justice Black and his law clerks, 15 U. Alabama 57-63. Yosal Rogat, Mr. Justice Holmes: A dissenting opinion, 15 Stanford 254-308. Joel B. Grossman, Role-playing and the analysis of judicial behavior: The case of Mr. Justice Frankfurter, 11 Journal of Pub. Law 285-309. Samuel Krislov, The amicus curiae brief: From friendship to advocacy, 72 Yale 694-721. Henry J. Merry, Scope of the Supreme Court's appellate jurisdiction: Historical basis, 47 U. Minnesota 53-69. Arthur Selwyn Miller, The changing role of the United States Supreme Court, 25 Modern L.Q. 641-53. Alpheus Thomas Mason, Myth and reality in Supreme Court decisions, 48 U. Virginia 1385-1406. Archibald Cox, The Supreme Court and the federal system, 50 U. California 800-20. GENERAL CONSTITUTIONAL MATERIAL Law review articles: Thomas I. Emerson, Toward a general theory of the First Amendment, 72 Yale 877-956. Wallace Mendelson, On the meaning of the First Amendment: Absolutes in the balance, 50 U. California 821-28. Robert E. Brown, Reinterpretation of the formation of the American Constitution, 42 Boston 412-74. Norman Redlich, Are there 'certain rights . . . retained by the people'? 37 New York U. 787-812. Jefferson B. Fordham, The states in the federal system: Vital role or limbo? 49 U. Virginia 666-76. Charles E. Clark, A plea for the unprincipled decision, 49 U. Virginia 660-65. Charles L. Black, Jr., The proposed amendment of Article V: A threatened disaster, 72 Yale 877-956. Stuart S. Nagel, Political parties and judicial review in American history, 11 Journal of Pub. Law 328-40. Comment: Counterrevolution in state constitutional law, 15 Stanford 309-30. |
10. Licensing |
11. Of Meetings (see also 201)
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12. Of Motion Pictures (see also 52) |
13. Of Peddlers |
14. Of Books, Magazines (see also 52) Comment: Non-criminal obscenity regulation and freedom of expression, 1962 Washington U. 476-514.
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15. Of Miscellaneous Activities |
20. Administrative Restrictions |
21. By U. S. Customs |
23. On Government Information and Secrecy |
24. On Students and Professors (see also 223, 262, 281 and 342) Law review articles: William W. Van Alstyne, Political speakers at state universities: Some constitutional considerations, 111 U. Pa. 328-42. William W. Van Alstyne, Procedural due process and state university students, 10 UCLA 368-89. Comment: Expulsion of college and professional students: Rights and remedies, 38 Notre Dame 174-87.
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30. Economic Restrictions (see also 251, 261, 268, 281) Comment: Federal employment and the First Amendment, 1962 Washington U. 432-42. Case note: Application of the Hatch Act to political activities of a state official: Palmer v. U.S. Civil Service Commission (297 F.2d 450, CA 7 1962) 61 U. Michigan 592-96.
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40. Contempt Law review article: Ronald Goldfarb, The Constitution and contempt of court, 61 U. Michigan 283-350. |
41. Of Federal Courts Law review article: Janet Mary Riley, Constitutional limitations on federal contempt proceedings, 11 Loyola 49-70. |
42. Of State Courts Case note: Propriety of holding grand jury in contempt of court: Clemmons v. State (141 So.2d 749, Fla. App. 1962): 17 U. Miami 110-13; 48 U. Iowa 725-31.
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43. Of Other Agencies (see also 270s, 330s) |
50. Criminal Sanctions |
51. Against Disorderly Conduct and Similar Offenses (see also 55, 541, 542, 551, 552)
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52. Against Obscenity (see also 12, 14) Law review articles: Charles W. Froessel, Law and obscenity, 27 Albany 1-10. Louis Henkin, Morals and the Constitution: The sin of obscenity, 63 Columbia 391-414. Arlen Specter, William B. Ball, Dr. Philip Q. Roche, and Julian E. Goldberg, Censorship and obscenity: A panel discussion, 66 Dickinson 421-41. John S. Harrington, The evolution of obscenity control statutes, 3 William and Mary 302-10. Comments: Constitutional obscenity: The Supreme Court's interpretation, 12 De Paul 103-15. Book censorship in Massachusetts: The search for a test for obscenity, 52 Boston U. 476-91.
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53. Against Defamation (see also 61)
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54. Against Sedition, Criminal Anarchy (see also 241-44)
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55. Against Picketing and Demonstrating (see also 51, 123, 541, 542, 551, 552) (Some cases involving picketing charges are reported under the subject matter of the protest for which the picketing was conducted, e.g., against discrimination in dining places, 552.)
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56. Against "Corrupt Practices"
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57. Against Vagrancy
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58. Against Trespassing (see also 541, 542, 551, 552)
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59. Against Miscellaneous Criminal Activities See cases at 123.
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60. Civil Sanctions |
61. Against Defamation Law review articles: Herbert W. Titus, Statement of fact versus statement of opinion—A spurious dispute in fair comment, 15 Vanderbilt 1203-46. Walter Probert, Defamation, a camouflage of psychic interest: The beginning of a behavioral analysis, 15 Vanderbilt 1173-1201. Colin Rhys Lovell, The 'reception' of defamation by the common law, 15 Vanderbilt 1051-71. Laurence H. Eldredge, Practical problems in preparation and trial of libel cases, 15 Vanderbilt 1085-92. Arno C. Brecht, The absolute privilege of the executive in defamation, 15 Vanderbilt 1127-71. Constitutionality of Oregon's retraction statute: Holden v. Pioneer Broadcasting Co. (365 P.2d 845, Or. 1961) 41 U. Oregon 170-72. Alec Samuels, Problems of assessing damages for defamation, 79 Law Quarterly Rev. 63-86. S. Samuel Di Falco, Libel in wills, 8 N.Y.U.L.F. 495-514. Luis Kutner, Unfair comment: A warning to news media, 17 U. Miami 51-74. Comments: Privilege of newsmen to conceal source of information, 15 U. Oklahoma 453-56. Absolute privilege as applied to investigators for Congressional committees, 63 Columbia 326-44. Case notes: Libel and slander in broadcasting: American Broadcasting-Paramount Theatres, Inc. v. Simpson. (126 S.E.2d 873, Ga. App. 1962): 37 Tulane 147-49; 36 Temple 240-43. Absolute privilege for federal employees in libel and slander: Poss v. Liebermann (299 F.2d 358, CA 2 1962), Carr v. Watkins (227 Md. 578, 177 A.2d 841, 1962) 48 Cornell 199-206. Defenses of qualified privilege and fair comment: Ponder v. Cobb (275 N.C. 281, 126 S.E.2d 67, 1962) 41 U. No. Carolina 153-58. Defamation, unfair competition, right of privacy, right of publicity: Lahr v. Adell Chem. Co. (300 F.2d 256, CA 1 1962) 48 Cornell 360-70.
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63. By Injunction in Other Situations And see cases at 204.
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64. Against Miscellaneous Activities |
70. Procedural Problems |
71. In Alleging Standing to Sue |
72. In Raising and Preserving Constitutional Questions |
110. Separation of Church and State |
111. In Education Law review articles: Jesse H. Choper, Religion in the public schools: A proposed constitutional standard, 47 U. Minnesota 329-416. Leo Pfeffer, Court, Constitution and prayer, 16 Rutgers 635-752. David W. Louisell and John H. Jackson, Religion, theology, and public higher education, 50 U. California 751-99. Clifton B. Kruse, Jr., The historical meaning and judicial construction of the establishment of religion clause of the First Amendment, 2 Washburn 65-141. Edmond Cahn, On government and prayer, 37 New York 981-1000. M. C. Slough and Patrick D. McAnany, S.J., Government aid to church-related schools: An analysis, 11 U. Kansas 35-75. Robert E. Rodes, Jr., The passing of nonsectarianism: Some reflections on the school prayer case, 38 Notre Dame 115-137. The Arthur Garfield Hays Civil Liberty Conference: Public aid to parochial schools and standing to bring suit, 12 U. Buffalo 35-65. Comments: New York prayer decision: Its effect on Arizona school practices, 4 U. Arizona 272-78. Public school prayers and the establishment of religion, 14 Mercer 284-94. Religious exercises in the schools, 31 U. Cincinnati 408-34. Comment: The Supreme Court, the First Amendment, and religion in the public schools, 63 Columbia 73-97. Judicial disestablishment in public education, 57 Northwestern U. 578-595. Testing validity of congressional bill authorizing federal aid to private education, 8 Villanova 224-236.
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120. Conscientious Objection to War Law review article: Francis J. Conklin. S.J., Conscientious objector provisions: A view in the light of Torcaso v. Watkins, 51 Georgetown 252-83. |
121. Through Application for C. O. Status
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122. Through Refusal to Register |
130. Denial of Tax Exemption to Institutions (see also 202, 266) |
140. Sunday Closing Laws Law review article: John E. Donaldson, Freedom of religion: Recent Sunday closing laws cases, 3 William and Mary 384-94. Comment: State Sunday closing laws and the First and Fourteenth Amendments, 8 N.Y.U.L.F. 403-09. Case notes: Sabbatarian's refusal of Saturday work renders him unavailable for work and constitutes failure to accept suitable work without good cause: Sherbert v. Verner (125 S.E.2d 737, 1962, prob. juris. noted, 31 U.S.L. Week 3201, U.S. Dec. 18, 1962; No. 526): 76 Harvard 854-57; 111 U. Pa. 253-57. Is a statute constitutional which forbids sale of automobiles on Sunday?: Courtesy Motors v. Ward (24 Ill.2d 82, 179 N.E.2d 692, 1962) 39 Chicago-Kent 176-81. Right of state legislature to require observance of a day of rest: Mandell v. Haddon (202 Va. 979, 121 S.E.2d 516, 1961) 3 William and Mary 523-27.
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150. Miscellaneous Restrictions |
151. In Prisons Comment: Black Muslims in prison: Of Muslim rites and constitutional rights, 62 Columbia 1488-1504. And see cases at 304.
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200. Organizational Privileges Challenged |
201. As to Meetings (see also 11, 63) |
202. As to Tax Exemption (see also 130, 266)
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204. As to Continued Existence (see also 63, 213, 223)
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210. Compulsory Registration |
211. Under 1950 Internal Security (McCarran) Act
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213. Under State Laws (see also 204) |
220. Listing |
221. By the Attorney General of the United States |
222. By Congressional Committees And see cases at 271.
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240. Criminal Penalties for Membership |
241. Under Smith Act: for Conspiracy |
242. Under Smith Act: for Mere Membership
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243. Under 18 U.S.C. 2384 |
245. Under State Laws (see also 54)
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246. Under 1950 Internal Security (McCarran) Act
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250. Civil Disabilities for Membership: Federal |
252. As to Passport Applications and Right to Travel
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253. As to Army Discharges (see also 341) |
255. As to Social Security Benefits (see also 263, 346) See Heikkila, 358.51. |
256. In Housing Projects |
257. As to Federal License Applications
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259. Through Denaturalization and Naturalization Proceedings (see also 358)
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260. Civil Disabilities for Membership: State, Local and Private |
266. Through Deprivation of Right to Tax Exemption (see also 130, 202) |
267. In Private Employment—Teaching (see also 24, 262, 281 and 342) |
268. In Private Employment — Defense Establishments (see also 344) And see Robels, 246.1.
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270. Criminal Penalties for Non-disclosure (see also 330) |
271. Before Congressional Committees (see also 222, 330) Law review article: Theodore Sky, Judicial review of Congressional investigations: Is there an alternative to contempt? 31 G. Washington 399-430.
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272. Before State Committees (see also 204, 213, 332)
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273. Before Legal and Administrative Tribunals (see also 333) |
274. For Refusal to Produce Records |
280. Civil Penalties for Non-disclosure |
281. By Teachers (see also 24, 223, 262, 342)
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282. By Others (see also 343, 344) |
290. Penalties for False Disclosure |
291. Under Taft-Hartley Oath (see also 203, 245)
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295. Right of Privacy Law review articles: Leon Brittan, The right of privacy in England and the U.S., 37 Tulane 235-68. John W. Wade, Defamation and the right of privacy, 15 Vanderbilt 1093-1125. Case notes: Republication of photograph from newsworthy magazine article to advertise content and quality of magazine held no invasion of privacy: Booth v. Curtis Publishing Co. (15 App. Div.2d 343, 223 N.Y.S.2d 737, 1st Dept., aff'd mem., 11 N.Y.2d 907, 182 N.E.2d 812, 228 N.Y.S.2d 468, 1962) 62 Columbia 1355-61; 31 Fordham 394-98. Tort of invasion of privacy recognized in Maryland: Carr v. Watkins (277 Md. 578, 177 A.2d 841) 23 U. Maryland 84-91.
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II. DUE PROCESS AND RELATED RIGHTS (FOURTH, FIFTH, SIXTH, SEVENTH, EIGHTH AND FOURTEENTH AMENDMENTS (300-499) Law review articles: John Scurlock, Procedural protection of the individual against the state, 30 U. of Kansas City 111-48. Roscoe Pound, Policing and justice: Administration and adjudication, 49 U. Virginia 744-58. |
300. Searches and Seizures Comments: The Fourth Amendment and evidence obtained by government agent's trespass, 42 U. Nebraska 166-79. Collateral attack of pre-Mapp v. Ohio convictions based on illegally obtained evidence in state courts, 16 Rutgers 587-96. Case notes: Basis for reasonable search: U.S. v. Eldridge (302 F.2d 463, CA 4 1962) 36 Temple 95-98. Second circuit refuses to limit police investigations of persons accused of crime: U.S. v. Massiah (307 F.2d 62, CA 2 1962) 111 U. Pa. 501-6. 301. By Wiretapping Legislation note: Electronic eavesdropping: Sec. 345-a, 29 Brooklyn 132-35. Comment: Wiretap evidence from viewpoint of law enforcement officer, 17 U. Wyoming 49-57.
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302. In Other Federal Criminal Cases
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303. In Other State Criminal Cases
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304. Suits for False Arrest, Police Brutality (see also 580 and 151) [All cases in this category were formerly reported at 420.] Pamphlet: Documents on Human Rights in Alabama. Inter-Citizens Comm., Box 1443, Birmingham, Ala. Case note: Municipal liability for police dog bites: Barr v. District of Columbia (202 F.Supp. 260, 1962) 22 U. Maryland 260-61.
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310. Indictment |
311. Challenge to Composition of Grand Jury (see also 510s) |
312. Attacks on Character of Evidence Case notes: Confessions made to court-appointed psychiatrists held admissible for purpose of determining Def's. guilt: People v. Ditson (369 P.2d 714, 20 Cal. Rptr. 165, cert. den. 83 Sup. Ct. 93, 1962) 8 Utah 141-44. Exclusion of illegally obtained evidence extended to civil action: Lassoff v. Gray (207 F.Supp. 843, WDKy. 1962) 48 U. Iowa 710-17. Admissibility of a recorded telephone conversation: Carnes v. U.S. (295 F.2d 598, CA 5 1961; cert. denied, 369 U.S. 859, 1962) 16 U. Oklahoma 100-02. Searches and seizures and admissibility of evidence; People v. Friola (182 N.E.2d 100, N.Y. 1962) 12 DePaul 163-66.
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313. Charge of Entrapment Case note: 21 requests of a Def. with "quick access" to drugs do not constitute entrapment: People v. Toler (185 N.E.2d 874, Ill. 1962) 8 Villanova 413-16. |
314. Charge of Conspiracy Case notes: If only two persons are indicted for the crime of conspiracy and one is acquitted in a separate trial, the acquittal operates to deprive the court of jurisdiction to render a judgment of conviction on the other Def's. guilty plea: Eyman v. Deutsch (373 P.2d 716, Ariz. 1962): 24 U. of Pitt. 647-50; 65 U.W.Va. 151-54; 39 U. No. Dakota 116-18.
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315. Inspection of Pre-Trial Statements of Government Witnesses (Including Jencks point, 353 U.S. 357, and Jencks Act, 18 USC 3500.) |
316. Inspection of Grand Jury Minutes |
320. Double Jeopardy Comments: Double jeopardy, multiple prosecution, and multiple punishment, 50 U. California 866-79. Jurisdiction and double jeopardy, 16 Rutgers 597-607. Case note: Acquittal of federal crime does not bare subsequent trial in state court for state criminal offense arising out of same act: People v. Lo Cicero (230 N.Y.S.2d 384, 2d Dept. 1962) 31 Fordham 587-92. |
322. In State Cases Case notes: Indictment for assault following burglary acquittal based on same occurrence: State v. Robinson (114 N.W.2d 737, Minn.; cert. denied, 371 U.S. 815, 1962) 47 U. Minnesota 273-77. Recidivist statute does not authorize filing of information against one who has completed sentence for principal offense: Reynolds v. Cochran (138 So.2d 500, Fla. 1962) 48 U. Virginia 1153-58. |
330. Self-incrimination: Criminal Sanctions for Exercising Privilege (see also 270) Comments: Scope of statutory immunity required by the Fifth Amendment self-incrimination privilege, 57 Northwestern 561-77. Unless question itself contains threat, witness must state area or nature of criminal exposure feared, short of giving a hurtful answer, 8 N.Y.U.L.F. 409-23. Case note: Requirement that prisoner be "duly cautioned": Spry v. Boles (299 F.2d 332, CA 4 1962) 65 U. W. Virginia 60-62. |
331. Before Congressional Committees |
332. Before State Committees |
333. Before Grand Juries and Tribunals |
335. Grants of Immunity: State |
336. Criminal Registration Laws And see 1950 Internal Security Act, 211. |
337. Miscellaneous |
340. Self-incrimination: Civil Sanctions for Exercising Privilege (see also 280) Comment: The self-incrimination privilege: Barrier to criminal discovery? 51 U. California 136-45. |
341. Effect on Army Discharges (see also 253) |
343. Effect on Employment — Other Public Officers (see also 261) |
344. Effect on Employment — Private (see also 30, 268, 269) Law review article: Michael C. Slotnick, The anathema of the security risk: Arbitrary dismissals of federal government civilian employees and civilian employees of private contractors doing business with the federal gov't., 17 U. Miami 10-50.
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345. Effect on Attorneys (see also 265, 373) |
346. Effect on Unemployment Insurance and Social Security (see also 263) And see Heikkila, 358.51. |
350. Due Process Law review article: John S. Harrington, Police detention of suspects, 3 William and Mary 395-402. Comment: Recent developments in permissible police practice, 46 Marquette 227-32. Case note: Def. at joint trial has constitutional right not to have comments on his failure to testify made by co-Def's. attorney: De Luna v. U.S. (308 F.2d 140, CA 5 1962) 49 U. Virginia 356-62. |
351. In Arraignment (Delay) |
352. In Grand Jury Procedures (see also 311, 316) |
353. In Obtaining Confessions Law review articles: Donald B. King, Developing a future constitutional standard for confessions, 8 Wayne 481-96. Wilfred J. Ritz, State criminal confession cases: Subsequent developments in cases reversed by U.S. Supreme Court and some current problems, 19 Washington & Lee 202-32. Gilbert G. Ackroyd, Corroboration of confessions in federal and military trials, 8 Villanova 64-75. Post-arraignment, pre-indictment confession: Admissibility: New York v. Meyer (182 N.E.2d 103, 1962) 29 Brooklyn 151-54. Confession elicited during illegal detention renders inadmissible second confession obtained 20 hours later but before accused had conferred with counsel: Killough v. U.S. (No. 16398, CA DC Oct. 4, 1962) 51 Georgetown 394-99. Admissibility of confessions: New York v. Everett (180 N.E.2d 556, cert. denied, 370 U.S. 963, 1962) 8 N.Y. U.L.F. 554-60.
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354. In Press Releases and Newspaper Coverage Comment: The jury and the press, 2 Washburn 142-57. Case notes: Failure of trial judge to insure adequate protection of notorious Def. from possible effects of prejudicial newspaper articles upon jury: U.S. v. Accardo (298 F.2d 133, CA 7 1962) 12 American U. 90-93. Photography in courtroom: State v. Sharpe (122 S.E.2d 622, S.C. 1961): 14 U. So. Carolina 557-60. Defense attorney's reply in press to prosecutor's press release prejudicial to client held not priviliged: Kennedy v. Cannon (182 A.2d 54, 1962) 111 U. Pa. 513-15. |
356. In Courts Martial (see also 390) |