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A Missing Link In The Evolution Of Due Process, Wallace Mendelson
A Missing Link In The Evolution Of Due Process, Wallace Mendelson
Vanderbilt Law Review
On the eve of the American Revolution, Blackstone could comment that "so great.., is the regard of the [English] law for private property ... it will not authorize the least violation of it; no, not even for the general good of the whole community."' A similar concern for proprietary interests soon found expression on this side of the Atlantic in what Professor Corwin has called "The Basic Doctrine of American Constitutional Law"; namely, the "doctrine of vested interests." The general purport of this concept was that "the effect of legislation on existing property rights was a primary test of its …
Book Reviews, Robert J. Harris (Reviewer), John Raeburn Green (Reviewer), H. C. Nixon (Reviewer)
Book Reviews, Robert J. Harris (Reviewer), John Raeburn Green (Reviewer), H. C. Nixon (Reviewer)
Vanderbilt Law Review
----------------------------------- Book Reviews ----------------------------------
The Forgotten Ninth Amendment
By Bennett B. Patterson
Indianapolis: The Bobbs-Merrill Company, 1955. Pp. ix, 217. $4.00.
reviewer: Robert J. Harris
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The Birth of the Bill of Rights, 1776-1791
By Robert Allen Rutland
Chapel Hill: University of North Carolina Press, 1955. Pp. vii,243. $5.00.
reviewer: John Raeburn Green
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James Wilson: Founding Father, 1742-1798
By Charles Page Smith
Chapel Hill: University of North Carolina Press, 1956. Pp. xii, 426.$7.50.
reviewer: H. C. Nixon
Constitutional Law - Eminent Domain - Condemnation Of Riparian Lands Under The Commerce Power, George F. Lynch S.Ed.
Constitutional Law - Eminent Domain - Condemnation Of Riparian Lands Under The Commerce Power, George F. Lynch S.Ed.
Michigan Law Review
The power of the United States to regulate commerce comprehends a right to control navigation and the means of navigation. To the extent necessary for the enjoyment of this power the government may condemn riparian property. The federal power of eminent domain is limited by the mandate of the Fifth Amendment which requires just compensation for private property taken for a public use. Usually, the standard of just compensation is the market value of the property, taking into consideration the most profitable uses for which the property is suited and likely to be used at the time of the taking, …
Constitutional Law--Equal Protection--Appellate Review In Criminal Case Based On Ability To Pay, R. M.
Constitutional Law--Equal Protection--Appellate Review In Criminal Case Based On Ability To Pay, R. M.
West Virginia Law Review
No abstract provided.
Constitutional Law--Procedural Due Process--Exclusion From Public Employment For Invoking The Fifth Amendment, C. R. S.
West Virginia Law Review
No abstract provided.
Compelling The Testimony Of Political Deviants, O. John Rogge
Compelling The Testimony Of Political Deviants, O. John Rogge
Michigan Law Review
At the last term the United States Supreme Court in Ullmann v. United States upheld the constitutionality of paragraph (c) of a federal act of August 1954 which seeks to compel the testimony of communists and other political deviants. Paragraph (c) relates to witnesses before federal courts and grand juries. The Court specifically left open the question of the validity of paragraphs (a) and (b) relating to congressional witnesses. Justice Frankfurter delivered the Court's opinion. Justice Douglas, with the concurrence of Justice Black, wrote a dissent.
It is our purpose to consider the background, history and terms of this compulsory …
Constitutional Law - Grand Jury Under The Fifth Amendment Indictments Not Subject To Attack On Evidentiary Ground, Jerome K. Walsh, Jr. S.Ed.
Constitutional Law - Grand Jury Under The Fifth Amendment Indictments Not Subject To Attack On Evidentiary Ground, Jerome K. Walsh, Jr. S.Ed.
Michigan Law Review
Defendant was indicted by a grand jury on four counts of willfully evading federal income taxes due for the years 1946, 1947, 1948 and 1949. His motion before trial to dismiss the indictment on the ground that he was firmly convinced that there could have been no legal or competent evidence before the grand jury was denied by the trial court. At the conclusion of the government's case, and again just before the case went to the jury, counsel for the defendant moved to dismiss the indictment on the ground that only hearsay evidence offered by three revenue agents had …
Constitutional Law - Privilege Against Self-Incrimination -Effect Of Immunity Statute, Paul A. Heinen S.Ed.
Constitutional Law - Privilege Against Self-Incrimination -Effect Of Immunity Statute, Paul A. Heinen S.Ed.
Michigan Law Review
Petitioner was brought before a federal grand jury and questioned as to his and other persons' membership in the Communist Party. After petitioner refused to answer the questions on the ground that the answers would be self-incriminating and therefore his refusal was privileged under the Fifth Amendment, the United States attorney, proceeding under the provisions of the Immunity Act of 1954, filed an application in the United States district court requesting that petitioner be required to answer the questions. The district court, upholding the constitutionality of the act, ordered petitioner to answer the questions, and petitioner's appeal from this order …
Constitutional Law - Due Process - Notice Required To Validate Tax Foreclosure Of Property Of Known Mental Incompetent, Frank M. Lacey S.Ed.
Constitutional Law - Due Process - Notice Required To Validate Tax Foreclosure Of Property Of Known Mental Incompetent, Frank M. Lacey S.Ed.
Michigan Law Review
On May 8, 1952, the town of Somers instituted an action to foreclose a number of tax liens. One of these was upon the property owned by a person known in the community to be a mental incompetent, but who had not yet been so certified by a court. Notice was given to the incompetent taxpayer in compliance with the statute by mail, posting, and publication. When she failed to answer within the prescribed period, foreclosure was entered and a deed to her property delivered to the town. Five days later she was declared a person of unsound mind, and …
Constitutional Law - Freedom Of Religion - Fluoridation Of City Water, John M. Webb S.Ed.
Constitutional Law - Freedom Of Religion - Fluoridation Of City Water, John M. Webb S.Ed.
Michigan Law Review
In its proprietary capacity the City of Bend maintains and operates a water system with the exclusive right to supply water to its inhabitants. In February 1952 the mayor and city commissioners adopted an ordinance providing for the introduction of fluorine into the water supply to reduce dental caries in the teeth of young children. The plaintiff as a resident and taxpayer brought suit to enjoin such action. A demurrer to his complaint was sustained. On appeal, held, affirmed. A city, in the exercise of its police power, may enact reasonable regulations for the protection of the public health, …
Constitutional Law - Courts-Martial - Power Of Congress To Provide For Military Jurisdiction Over Civilians, Whitmore Gray S.Ed.
Constitutional Law - Courts-Martial - Power Of Congress To Provide For Military Jurisdiction Over Civilians, Whitmore Gray S.Ed.
Michigan Law Review
During the past term the Supreme Court decided three cases involving the constitutionality of court-martial jurisdiction over certain groups of civilians. In United States ex rel. Toth v. Quarles the Court held that Congress could not constitutionally provide for military trial of a discharged serviceman for offenses committed during his term of service. In two subsequent cases the Court rejected the contention that the Toth decision announced a principle applicable to any exercise of jurisdiction over civilians by the military courts in upholding the provisions of the Uniform Code of Military Justice for military jurisdiction over civilian dependents accompanying American …
Constitutional Law - Criminal Law - Power Of Federal Government To Commit Mentally Incompetent Persons Charged With Federal Crimes, William C. Becker S.Ed.
Constitutional Law - Criminal Law - Power Of Federal Government To Commit Mentally Incompetent Persons Charged With Federal Crimes, William C. Becker S.Ed.
Michigan Law Review
Petitioner was indicted for robbery from a United States Post Office. After a series of hearings and examinations, the district court found petitioner so mentally incompetent that he could not stand trial, and that, if released, he would probably endanger the safety of the officers, property, or other interests of the United States. The district court ordered petitioner committed to the custody of the Attorney General for confinement in a mental institution. This order was affirmed by the Court of Appeals for the Eighth Circuit, one judge dissenting. On certiorari to the Supreme Court of the United States, held, …
Constitutional Law—Full Faith And Credit, Gerald Baskey
Constitutional Law—Full Faith And Credit, Gerald Baskey
Buffalo Law Review
Connoly v. Bell, 309 N. Y. 581, 132 N. E. 2d 582 (1956).
Constitutional Law—New Element In Rate-Fixing, June Murray
Constitutional Law—New Element In Rate-Fixing, June Murray
Buffalo Law Review
New York Tel. Co. v. Public Service Comm'n, 309 N. Y. 569, 132 N. E. 2d 847 (1956).
Treaties Versus The Constitution. Roger Lea Macbride., Paul A. Pfretzschner
Treaties Versus The Constitution. Roger Lea Macbride., Paul A. Pfretzschner
Buffalo Law Review
No abstract provided.
Separation Of Powers Doctrine: Historical Sources, Albert Conway
Separation Of Powers Doctrine: Historical Sources, Albert Conway
NYLS Law Review
No abstract provided.
Constitutional Law—Limitations On Police Power, June Murray
Constitutional Law—Limitations On Police Power, June Murray
Buffalo Law Review
Defiance Milk Products Co. v. Du Mond, 309 N. Y. 537, 132 N. E. 2d 829 (1956).
Miscellaneous—Sovereign Immunity, Robert Casey Jr.
Miscellaneous—Sovereign Immunity, Robert Casey Jr.
Buffalo Law Review
Glassman v. Glassman, 309 N.Y. 436, 131 N.E. 2d 721 (1955).
Constitutional Law -- 1956 Tennessee Survey, Paul H. Sanders
Constitutional Law -- 1956 Tennessee Survey, Paul H. Sanders
Vanderbilt Law Review
Several major constitutional problems were presented to the Tennessee Supreme Court during the survey year. There were no startling developments in the court's disposition of these cases, nor in the opinions proclaimed in each instance. The court avoided what it termed a "spectacular exhibition of judicial sophistry" in giving constitutional approval to certain activities of a religious nature in the public schools. In the regulation of economic affairs the court found no valid basis for a statute prohibiting the offering of benefits or premiums in connection with the sale of gasoline. Basic allocations of governmental power were involved in a …
The No-War Clause In The Japanese Constitution, P. Allan Dionisopoulos
The No-War Clause In The Japanese Constitution, P. Allan Dionisopoulos
Indiana Law Journal
No abstract provided.
Book Reviews, Robert J. Harris (Reviewer), Charles B. Nutting (Reviewer), Daniel Walker (Reviewer)
Book Reviews, Robert J. Harris (Reviewer), Charles B. Nutting (Reviewer), Daniel Walker (Reviewer)
Vanderbilt Law Review
Book Reviews
American Constitutional Law By Bernard Schwartz Cambridge:Cambridge University Press, 1955. Pp. xiv, 364. $5.00
reviewer: Robert J. Harris
=================================
The Development of Academic Freedom in the United States By Richard Hofstadter and Walter P. Metzger New York: Columbia University Press, 1955. Pp. xvi, 527. $5.50
Academic Freedom in Our Time By Robert M. MacIver New York:Columbia University Press, 1955. Pp. xiv, 329. $4.00
reviewer: Charles B. Nutting
================================
Military Justice in the United States
By Robinson 0. Everett
Harrisburg: Military Service Publishing Company, 1956. Pp. 338
reviewer: Daniel Walker
Anti-Picketing Injunctions In State Courts As Affected By Free Speech, E. W. C.
Anti-Picketing Injunctions In State Courts As Affected By Free Speech, E. W. C.
West Virginia Law Review
No abstract provided.
Constitutional Law--Due Process--Waiver Of Right To Object To Composition Of Grand Jury, B. F. D.
Constitutional Law--Due Process--Waiver Of Right To Object To Composition Of Grand Jury, B. F. D.
West Virginia Law Review
No abstract provided.
Constitutional Law--Public Health--Mandamus, H. R. A. Jr.
Constitutional Law--Public Health--Mandamus, H. R. A. Jr.
West Virginia Law Review
No abstract provided.
Courts--Supervisory Powers--Enjoinment Of Federal Narcotics Agent From Testifying In State Court, T. E. P.
Courts--Supervisory Powers--Enjoinment Of Federal Narcotics Agent From Testifying In State Court, T. E. P.
West Virginia Law Review
No abstract provided.
Washington Case Law—1955; Constitutional Law, Eugene C. Anderson
Washington Case Law—1955; Constitutional Law, Eugene C. Anderson
Washington Law Review
The articles of this survey have been prepared for publication as a part of the nominee program for membership on the Washington Law Review. The actual writing was done by the second-year members of the Law Review, under the guidance of the third-year members of the Board. The survey, the third of its kind, does not represent an attempt to discuss every Washington case decided in 1955. Rather, its purpose is to point out those cases which, in the opinion of the Board of Editors, constitute substantial additions to the body of law in Washington. Covers cases on: requirement that …
The Fourteenth Amendment Reconsidered, The Segregation Question, Alfred H. Kelly
The Fourteenth Amendment Reconsidered, The Segregation Question, Alfred H. Kelly
Michigan Law Review
Some sixty years ago in Plessy v. Ferguson the Supreme Court of the United States adopted the now celebrated "separate but equal" doctrine as a constitutional guidepost for state segregation statutes. Justice Brown's opinion declared that state statutes imposing racial segregation did not violate the Fourteenth Amendment, provided only that the statute in question guaranteed equal facilities for the two races. Brown's argument rested on a historical theory of the intent, although he offered no evidence to support it. "The object of the amendment," he said, "was undoubtedly to enforce the absolute equality of the two races before the law, …
Constitutional Law - Equal Protection - Legality Of Plans For Maintaining School Segregation, John B. Huck
Constitutional Law - Equal Protection - Legality Of Plans For Maintaining School Segregation, John B. Huck
Michigan Law Review
On May 19, 1954, the Supreme Court of the United States declared that segregation in public schools was a denial of equal protection of the law. Since that date many and varied plans have been proposed to maintain segregated education by avoiding the impact of the decision. The legality of three of these proposed avoidance devices will be analyzed in this comment.
Constitutional Law (Survey Of Virginia Case Law - 1955), Norman A. Crandell
Constitutional Law (Survey Of Virginia Case Law - 1955), Norman A. Crandell
William and Mary Review of Virginia Law
No abstract provided.
Constitutional Law - Right To Counsel In Juvenile Court, John A. Ziegler Jr.
Constitutional Law - Right To Counsel In Juvenile Court, John A. Ziegler Jr.
Michigan Law Review
In April 1953 petitioner was found to have violated a law by the juvenile court. Being under the age of eighteen, he was committed to the National Training School for Boys of the District 0£ Columbia. He was paroled about a year later but was re-arrested in March 1955 for violation of his parole and brought before the United States Parole Board. Before the parole board could take action he petitioned the federal district court for a writ of habeas corpus on the ground that the action of the juvenile court in 1953 had been unconstitutional in that petitioner had …