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Articles 31 - 51 of 51
Full-Text Articles in Entire DC Network
Constitutional Law-Commerce Clause-Freedom Of Press-Amenability Of Newspaper To Sherman Anti-Trust Act, William K. Davenport
Constitutional Law-Commerce Clause-Freedom Of Press-Amenability Of Newspaper To Sherman Anti-Trust Act, William K. Davenport
Michigan Law Review
Until a competing radio station appeared on the scene in 1948, defendant newspaper was the only medium for mass advertising available in the Lorain, Ohio area. In an effort to regain its monopoly position and eliminate the radio station as a competitor, defendant inaugurated a policy of refusing to accept custom from advertisers who employed the services of its rival. Both the newspaper and the radio station received news dispatches, advertising copy, payments, and other materials from sources outside Ohio, but neither had any appreciable audience beyond the borders of the state. In a civil action brought by the United …
Constitutional Law-Fourth Amendment-Exclusion Of Contraband Evidence Obtained By An Illegal Search On Premises Not Owned By Defendant, Edgar A. Strause
Constitutional Law-Fourth Amendment-Exclusion Of Contraband Evidence Obtained By An Illegal Search On Premises Not Owned By Defendant, Edgar A. Strause
Michigan Law Review
The defendant was in the unlawful possession of narcotics. Having been given a key by his two aunts to their hotel room with authority to use the room at will, defendant stored the narcotics there without the knowledge of the occupants. A federal officer entered the hotel room, searched the room, and seized the narcotics during the absence of the occupants, without a search warrant. The defendant was arrested the following day and claimed ownership of the seized narcotics. He was convicted in the District Court of the District of Columbia for violation of federal law, the court refusing to …
Discipline Of Judges, Frederic M. Miller
Discipline Of Judges, Frederic M. Miller
Michigan Law Review
In most of the states, judges of the appellate courts and of the trial courts of general jurisdiction are subject to discipline or removal from office by impeachment at the hands of the legislature, pursuant to constitutional provisions analogous to those applicable to the Federal Judiciary. Such proceedings are seldom instituted. The survey indicates that, during the 20 year period from 1928 to 1948, only three impeachment proceedings were prosecuted and in all three the defense prevailed.
Constitutional Law-Due Process-Restrictions Upon Advertising, Joseph M. Kortenhof
Constitutional Law-Due Process-Restrictions Upon Advertising, Joseph M. Kortenhof
Michigan Law Review
In its efforts to combat gasoline price wars and the fraud that allegedly accompanied them, the City of Pontiac enacted an ordinance designed to restrict the scope of gasoline advertising. It provided that: "No sign or placard stating the price or prices of gasoline other than such signs or placards as hereinabove provided [signs not larger than 12 by 12 inches attached to pumps] shall be posted or maintained on the premises on which said gasoline is sold or offered for sale." Defendant retailed gasoline; by combining hauling and retailing into one operation, savings of about four cents a gallon …
Constitutional Law-Executive Powers-Right To Remove Executive Employees Without Judicial Trial, William E. Beringer
Constitutional Law-Executive Powers-Right To Remove Executive Employees Without Judicial Trial, William E. Beringer
Michigan Law Review
Plaintiff was reinstated in the classified civil service of the federal government on the condition that removal might be ordered if, "on all the evidence, reasonable grounds exist for belief that the [plaintiff] is disloyal to the Government of the United States." Such evidence having allegedly been uncovered, dismissal followed, with a ban against federal employment for three years. The specific grounds for suspicion were never revealed to plaintiff, and no opportunity was ever afforded to confront, cross-examine, or learn the identity of those who had informed against her. Plaintiff sought an order of reinstatement in the federal district court, …
State Statutes And The Full Faith And Credit Clause -- Hughes V. Fetter, Jay A. Hanover
State Statutes And The Full Faith And Credit Clause -- Hughes V. Fetter, Jay A. Hanover
Vanderbilt Law Review
The full faith and credit clause of the Constitution' has commonly been regarded as concerned only with the enforcement of foreign judgments between the states of the Union. The numerous cases which have come before the Supreme Court have dealt almost exclusively with the "judicial Proceedings" phrase of the clause, while the words "public Acts" and "Records" have been, for the most part, left untapped as a source of decisional law. It has only been in recent years that the Supreme Court has broadened its approach by applying the full faith and credit clause to the legislative acts of the …
Constitutional Law-Due Process Of Law-Admissibility Of Confessions Under The Fourteenth Amendment, Harold G. Christensen S.Ed.
Constitutional Law-Due Process Of Law-Admissibility Of Confessions Under The Fourteenth Amendment, Harold G. Christensen S.Ed.
Michigan Law Review
The Supreme Court announced in 1936 that under certain circumstances the admission of a confession into evidence by a state court could amount to a denial of due process as guaranteed by the Fourteenth Amendment. Since that time there has been an increasing number of appeals seeking reversal of a conviction upon that ground and an expansion by the Court of the types of factual situations which will render a confession inadmissible. That this expansion reached its apex with the case of Watts v. Indiana and companion cases decided in 1949 appears probable in the light of a recent denial …
Constitutional Law-Due Process-Freedom Of Expression- Commerce Clause-Clause-"Green River" Ordinance As Applied To Door To Door Solicitation For Magazine Subscriptions, C. E. Lombardi, Jr. S.Ed.
Constitutional Law-Due Process-Freedom Of Expression- Commerce Clause-Clause-"Green River" Ordinance As Applied To Door To Door Solicitation For Magazine Subscriptions, C. E. Lombardi, Jr. S.Ed.
Michigan Law Review
In their famous article on the right of privacy, Warren and Brandeis noted that the common law protection of the right of privacy in the home was far more highly developed than the protection given to individual privacy in other respects. "The common law has always recognized a man's house as his castle, impregnable, often, even to its own officers engaged in the execution of its commands." The common law impregnability has met perhaps its stiffest test when those attacking it have sought constitutional protection. The recent decision of the Supreme Court in the case of Breard v. City of …
Constitutional Law--Fifth Amendment--Privilege Against Self-Incrimination By Admission Of Occupation And Of Knowledge Of Whereabouts Of A Fugitive Witness, Lois Hambro
Michigan Law Review
Petitioner, who was known as an underworld character and racketeer, was subpoenaed before a federal grand jury investigating federal crime and rackets and was asked his occupation and business and whether he had seen, talked to, or knew the whereabouts of a certain person upon whom a subpoena had been issued but not served requiring such fugitive person to appear before a federal grand jury. He refused to answer on the ground of the constitutional privilege against self-incrimination. Petitioner was adjudged in contempt of court for refusal to answer the questions. The court of appeals affirmed the judgment and the …
Legal And Social Control Of Abortion, Myer S. Tulkoff
Legal And Social Control Of Abortion, Myer S. Tulkoff
Kentucky Law Journal
No abstract provided.
Search And Seizure Under The Fourth Amendment As Interpreted By The United States Supreme Court, E. G. Trimble
Search And Seizure Under The Fourth Amendment As Interpreted By The United States Supreme Court, E. G. Trimble
Kentucky Law Journal
No abstract provided.
The Meaning Of "One Subject" In The Kentucky Constitution, James S. Kostas
The Meaning Of "One Subject" In The Kentucky Constitution, James S. Kostas
Kentucky Law Journal
No abstract provided.
Constitutional Amendments, Ruth Mcquown
Freedom Of Speech And Motion Pictures--The "Miracle" Decision, Thomas P. Lewis
Freedom Of Speech And Motion Pictures--The "Miracle" Decision, Thomas P. Lewis
Kentucky Law Journal
No abstract provided.
Constitutionality Of Residential Segregation Ordinances, James S. Kostas
Constitutionality Of Residential Segregation Ordinances, James S. Kostas
Kentucky Law Journal
No abstract provided.
The Original And Exclusive Jurisdiction Of The United States Supreme Court, Wencelas J. Wagner
The Original And Exclusive Jurisdiction Of The United States Supreme Court, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.
State Taxation Of Interstate Commerce, Charles Harper Anderson
State Taxation Of Interstate Commerce, Charles Harper Anderson
Faculty Publications
No abstract provided.
Access To Official Information: A Neglected Constitutional Right
Access To Official Information: A Neglected Constitutional Right
Indiana Law Journal
No abstract provided.
Constitutional Law-Due Process-Bill Of Attainder-Loyalty Oaths For City Employee, James I. Huston
Constitutional Law-Due Process-Bill Of Attainder-Loyalty Oaths For City Employee, James I. Huston
Michigan Law Review
In 1948, pursuant to an amendment to its charter, Los Angeles passed an ordinance which provided that all city employees must (1) take an oath that they did not espouse, and had not espoused within five years prior to the effective date of the ordinance, the forceful overthrow of the government; that they were not, nor had they been within the same period, affiliated with a group espousing such aims, and that they would not join any such group while in city employ, and (2) execute an affidavit relating whether they had ever belonged to the Communist Party, and if …
Constitutional Law-Eminent Domain-Government Seizure Of Business Property To Avert Strike As A "Taking" Under Fifth Amendment-Amount Of Wage Increase As Measure Of "Just Compensation", John F. Spindler
Michigan Law Review
In 1943, in an attempt to end a strike of the United Mine Workers which threatened the national war effort, the Government, acting under an executive order directing the Secretary of the Interior to take possession of the mines where necessary, seized most of the nation's coal mines. Although mine officials were required to agree to conduct operations as agents of the Government, to keep separate books for the period of government operation, to fly the American Flag over the mines, and to post notices that the mines were "United States Property," they were instructed to carry on the mining …
Review Of How To Keep Our Liberty By Raymond Moley, Clarence Emmett Manion
Review Of How To Keep Our Liberty By Raymond Moley, Clarence Emmett Manion
Journal Articles
How To Keep Our Liberty: A Program for Political Action. By Raymond Moley. New York: Alfred A. Knopf, Inc., 1952. Pp. xxvii, 339. $4.00. — In this interesting and valuable book, Mr. Moley proposes to do something about the disturbed state of our political weather. Pertinently he says: "Merely to bewail a trend is not to correct it." The American wants to know what to do about it (viz., the preservation of his liberty). The threat to liberty is "Statism," which the author interprets to be "the intervention by government in economic, social and personal life." Statism is thus frankly …