Learning Disabled Juveniles & Miranda Rights - What Constitutes Voluntary, Knowing, & Intelligent Waiver

The specific factual issue addressed in this article is whether the federal waiver standards announced in Connelly require California courts, absent police coercion, to admit the confession of a learning disabled juvenile who waives Miranda rights yet lacks sufficient cognitive ability to understand the rights and consequences of waiving them

Learning Disabled Juveniles & Miranda Rights - What Constitutes Voluntary, Knowing, & Intelligent Waiver

The specific factual issue addressed in this article is whether the federal waiver standards announced in Connelly require California courts, absent police coercion, to admit the confession of a learning disabled juvenile who waives Miranda rights yet lacks sufficient cognitive ability to understand the rights and consequences of waiving them

\u3cem\u3eShepard v. Superior Court\u3c/em\u3e—Recovery for Mental Distress in a Products Liability Action

In Shepard v. Superior Court, the California Court of Appeals held that a party directly witnessing injury to a close relative could recover damages for resulting mental distress in a strict products liability action. By recognizing a duty to avoid infliction of emotional distress in a products liability case, Shepard elevated a manufacturer\u27s duty in strict liability to the level recently recognized in a negligence action. The court correctly reasoned that a cause of action for mental distress in products liability was consistent with economic realities of modern society and the purposes behind products liability

Heffron v. International Society for Krishna Consciousness Inc.: A Restrictive Constitutional View of the Proselytizing Rights of Religious Organizations

The persistent efforts of religious organizations to reach their public have consistently been met with governmental limitation due to the often conflicting interests of public order, and free speech and expression. Heffron v. International Society for Krishna Consciousness, Inc. represents the Court\u27s latest redefinition of the extent of permissible limitations upon the activities of these groups. The author examines the decision in light of the traditional criteria for permissible time, place, and manner restrictions upon free speech and evaluates the Court\u27s implementation of these restrictions with respect to the activities of the Krishna group. The impact of the decision upon the limitations involved and upon similar future litigation is also explored

The Constitutional Issues Surrounding the Science-Religion Conflict in Public Schools: The Anti-Evolution Controversy

Since the infamous Scopes trial the matter of the constitutional validity of the anti-evolution laws has plagued both legal scholars and school administrators. The courts have generally invalidated legislation which bans outright the teaching of evolution in public schools, but with the advent of the balanced treatment acts, a revival of this litigation has begun. The author examines the constitutional analysis utilized by the courts in dealing with the anti-evolution and balanced treatment acts and provides an historical perspective of the first amendment to question the Court\u27s response to the issue