Juries and Incorporation in 1971

Francis William O'Brien
On May 20, 1968, the Supreme Court ruled for the first time in Duncan v. Louisiana that in all cases involving serious crime the states must provide trial by jury. Prior to this decision, the Sixth Amendment guarantee was held to apply only to trials in federal courts. Two years later, on June 22, 1970, the high tribunal addressed itself in Baldwin v. New York and Williams v. Florida to…

The Development of the Theory of the Right to Privacy in France

Wenceslas J. Wagner
Lacking legislative enactments on the right to privacy, French courts had to tackle the problems of privacy from case to case, in the common law way; but judicial decisions did not establish any general principles. While American and English judgments are elaborate and lay down legal theories, French decisions are extremely short, failing in some instances to give a clear picture of the facts, omitting the discussion of various aspects…