Digital Commons Network^™

Family Responsibilty Under The American Poor Laws: I, Daniel R. Mandelker

Michigan Law Review

Ever since the enactment of the statute quoted above, first passed in 1597 as part of the original Elizabethan Poor Law, the concept of family responsibility has been linked with the public relief of the poor. Today, more than three-and-a-half centuries later, the basic, residual program of poor relief has survived in the statutes of every American jurisdiction, and practically all the states still have family responsibility provisions based on the English model. Although some jurisdictions have abandoned the family responsibility requirement, the tendency in recent years seems to be toward strengthening the law where it exists.

In spite of …

Denning: The Road To Justice, Geoffrey De Deney

Michigan Law Review

A Review of The Road to Justice. By Sir Alfred Denning.

Cohen: The Principles Of World Citizenship, Samuel I. Shuman

Michigan Law Review

A Review of The Principles of World Citizenship. By L. Jonathan Cohen

Halle: Civilization And Foreign Policy, James W. Beatty S.Ed.

Michigan Law Review

A Review of Civilization and Foreign Policy . By Louis J. Halle.

Constitutional Law- Zoning - Private High Schools Excluded From Zone In Which Public High Schools Permitted, William D. Keeler S.Ed.

Michigan Law Review

Among the uses permitted in the "A" residence zone by the Wauwatosa, Wisconsin zoning ordinance were "(e) Public Schools and Private Elementary Schools." The city building inspector denied to plaintiff, a private, non-profit religious corporation, a permit for the construction of a private high school in that zone. Plaintiff brought an action in mandamus to compel the issuance of such a permit, alleging that the ordinance deprived plaintiff of property without due process of law, and denied to it the equal protection of the laws guaranteed by the Fourteenth Amendment. The lower court granted the writ. On appeal, held, …

Justice Murphy And The Welfare Question, Leo Weiss

Michigan Law Review

In 1941, an Italian law professor arrived in the United States to make his home here. Born in Russia during Czarist days, he was educated in Austria, England, and Italy, finally settling there and becoming a citizen. A member of the Italian bar and teacher of law at the Universities of Florence and Rome, he found himself in 1939 unwanted in his adopted homeland. He went to France, where he practiced law until coming to this country. In New York City he joined the Graduate Faculty of the New School for Social Research, remaining in that post for five years, …

Labor Law - Authority Of National Labor Relations Board To Require Reaffirmation Of Non-Communist Affidavit, Richard Z. Rosenfeld

Michigan Law Review

Section 9(h) of title I of the Labor-Management Relations Act requires that officers of unions which desire access to NLRB facilities file non-Communist affidavits with the Board. During the effective period of appellee unions' compliance with this requirement, the Board referred certain affidavits to the Department of Justice for investigation. After the suspected officers had refused to testify concerning the truth or falsity of their affidavits in subsequent grand jury proceedings the Board issued a Notice and Order requiring the officers to reaffirm the truth of the prior affidavits and to attest to non-membership in the Communist Party since filing …

Segregation In Public Education: The Decline Of Plessy V. Ferguson, Paul G. Kauper

Michigan Law Review

In the landmark case of Plessy v. Ferguson decided in 1896, the Supreme Court of the United States gave its sanction to the "separate but equal" doctrine in the interpretation of the equal protection clause of the Fourteenth Amendment. More particularly, the Court held that a state statute requiring racial segregation in railway service did not result in a denial of the equal protection of the laws. This decision did not go unchallenged. Kentucky-born Justice John Harlan remonstrated in a dissenting opinion of extraordinary force. Crying out like a lone voice in the wilderness he predicted that the judgment declared …

Constitutional Law - Censorship Of Obscence Literature, Donald M. Wilkinson, Jr. S.Ed.

Michigan Law Review

The right to a free expression of ideas, without interference from governmental authorities, is inherent in the very nature of a democracy. On the other hand, it is also clear that the greater interests of the state at large will conflict with certain forms of expression, and in such circumstances obviously the former must prevail. It is the purpose of this comment to discuss the constitutional limitations on the governmental suppression of literature on grounds of obscenity.

Operative Relationships Among Various Courts, Law Enforcement And Welfare Agencies In The City Of Detroit, Maxine Boord Virtue

Michigan Law Review

This article is the seventh chapter of a book, Survey of Metropolitan Courts: Detroit Area, which is being published this year by the Michigan Legal Series. It was prepared by this writer as a Research Associate in the employ of the Law School of the University of Michigan, under the supervising editorship of Professor Edson R. Sunderland. The study was undertaken at the request of the Committee on Judicial Administration in Metropolitan Trial Courts, appointed by the Section on Judicial Administration of the American Bar Association, of which committee Ira W. Jayne, Presiding Judge of the Circuit Court of …

Rogge: Our Vanishing Civil Liberties., Michigan Law Review

Michigan Law Review

A Review of OUR VANISHING CIVIL LIBERTIES. By O. John Rogge.

Public Opinion And Foreign Policy, Michigan Law Review

Michigan Law Review

A Review of PUBLIC OPINION AND FOREIGN POLICY Edited by Lester Markel.

Curiae: Law In Action. An Anthology Of The Law In Literature, Michigan Law Review

Michigan Law Review

A Review of LAW IN ACTION. AN ANTHOLOGY OF THE LAW IN LITERATURE. Edited by Amicus Curiae. Introduction by Roscoe Pound.

The Political And Social Factor In Legal Interpretation, Roscoe Pound

Michigan Law Review

We may think of the task of the legal order as one of maintaining the inner order of a politically organized society. The term "law" is not uncommonly used to include the task and the agencies by which we endeavor to achieve it. Thus it is used (as by sociologists and by the historical jurists) for all social control, and, by those who limit the term to a highly specialized social control through politically organized society, for (1) the legal order, the regime of adjusting relations and ordering conduct by systematic employment of the force of a state (the type …

Legal Techniques And Political Ideologies: A Comparative Study, Alexander H. Pekelis

Michigan Law Review

The problem with which we are going to deal is one of comparative law, a discipline probably even more illusory than legal science itself. A body of laws represents in itself neither a social reality nor a social ideal. One of the difficulties that every historian faces in trying to reconstruct a period of the past with the help of legal monuments is due to the great variety of relations existing between legal rules and social reality. So, e.g., legal monuments generally contain in an inextricable confusion at least two contradictory types of rules: rules which are a simple restatement …

If Men Were Angels: A Review, E. Blythe Stason

Michigan Law Review

Occasionally one encounters a new book that is genuinely interesting because of the refreshing vigor with which it attacks an important and timely problem. Such a book is Jerome Frank's new volume, If Men Were Angels. Indeed in some of its chapters its vigor approaches violence, a fact which adds spice to the reading.

Constitutional Law - State Control Of Interstate Migration Of Indigents, Edward W. Adams

Michigan Law Review

The interstate migration of persons presents the United States with one of its most acute economic and social problems and carries in its wake a series of significant legal questions. Of paramount importance is the constitutional question whether the migration of indigents is subject to state control. To lend understanding to this problem, attention will be called first to the basic economic and social urges underlying interstate migration and second to the position of the indigent as defined by traditional legal concepts. To complete the discussion, suggestions will be offered for corrective federal legislation.

'Recent Social Trends In The United States" Report Of The President's Research Committee, Robert Cooley Angell

Michigan Law Review

Never before has a particular civilization taken so complete an inventory of its own activities as that presented in the two-volume Report of the President's Research Committee on Social Trends. Its more than 1600 pages are literally crammed with significant data regarding almost every conceivable aspect of American life, data gathered with great care and thoroughness by research men of unquestioned ability and scholarly standing.

Adequacy Of Strike Injunctions, J. P. Dawson

Michigan Law Review

A book review of STRIKE INJUNCTIONS IN THE NEW SOUTH. By Duane McCracken.

The Courts, The Press, And The Public, Stuart H. Perry

Michigan Law Review

It was with especial gratification that I accepted this invitation to speak. It is a pleasure to be with you, and it affords me an opportunity to contribute to a discussion of matters that are of great importance to your profession and my own and to the public. Perhaps I should not thus separate myself from your profession. I am still at least nominally a member of the bar, and though it is many years since I last appeared in court I have a keen and sympathetic interest in legal matters and enjoy my contacts with the bench and bar …

Report On The Causes Of Crime, Kenneth Sears

Michigan Law Review

The Report of the Commission, together with a number of special reports of individuals and groups concerning various features of the problem of the causes of crime, is in two large volumes of about four hundred pages each.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin

Michigan Law Review

The title of this brilliant little volume might, more accurately, have been, "The Spirits of the Common Law," for it depicts the common law as the battleground of many conflicting spirits, from which a few relatively permanent ideas and ideals have emerged triumphant. As a whole, the book is a pluralistic-idealistic interpretation of legal history. Idealistic, because Dean Pound finds that the fundamentals of the 'common law have been shaped by ideas and ideals rather than by economic determinism or class struggle; he definitely rejects a purely economic interpretation of legal history, although he demands a sociological one (pp. io-ii). …

Social And Economic Interpretation Of The Fourteenth Amendment, Robert Eugene Cushman

Michigan Law Review

For those who love precision and definiteness the question of the application of the Fourteenth Amendment to social and economic problems remains an irritating enigma. The judicial construction of due process of law and the equal protection of the law has from the first discouraged systematic analysis and defied synthesis. More than one writer has emerged from the study of the problem with a neat and compact set of fundamental principles, only to have the Supreme Court discourteously ignore them in its next case. But paradoxical as it may seem, those who long for a wise and forward-looking solution of …

Net Income And Judicial Economics, Henry Rottschaefer

Michigan Law Review

A legal system does not function in a vacuum of abstractions. It is part of a general institutional framework of an organized society. Its content is determined by concrete individual and social needs and activities. Hence modern jurisprudence conceives of law as a means for securing interests. The appraisal of its rules and principles requires an evaluation of the significant elements of the situation to which they apply. A narrow, complacent formalism is the penalty of failure in this regard. No one would deny the emphasis modern society places upor its commercial and industrial interests, nor the many points of …

Due Process And Punishment, Clarence E. Laylin, Alonzo H. Tuttle

Michigan Law Review

To threaten such a man with punishment," wrote Sir James .LFitzjames Stephen,' "is like threatening to punish a man for not lifting a weight which he cannot move."

Are Charges Against The Moral Character Of A Candidate For An Elective Office Conditionally Privileged, Jeremiah Smith

Michigan Law Review

Is candidacy for an elective office such a special occasion as to confer conditional privilege (prima facie protection) upon charges affecting the moral character of the candidate?

Freedom Of Speech And Of The Press In War Time The Espionage Act, Thomas F. Carroll

Michigan Law Review

The Imperial German Government had never made a secret of its willingness to encourage disloyalty among the citizens and subjects of Germany's enemies. It had officially announced: "Bribery of enemies' subjects, acceptance of offers of treachery, utilization of discontented elements in the population, support of pretenders and the like are permissible; indeed, international law is in no way opposed to the exploitation of the crimes of third parties."'

Family Courts, Willis B. Perkins

Michigan Law Review

A great deal has been said, but very little has been authoritatively written upon the subject of Domestic Relations Courts in this country. So far as I know, no such court has yet been successfully established embodying the jurisdiction and powers the advocates of such a court claim it should possess. I am not unaware, however, that courts under the name ef Domestic Relations Courts have been established, notably in New York City and Cincinnati, and that certain Municipal Courts, notably in Chicago, have been given jurisdiction in certain family matters, but none of these courts, as at present organized, …

Theory Of Popular Sovereignty, Harold J. Laski

Michigan Law Review

Alexis de Tocqueville has wisely insisted upon the natural tendency of men to confound institutions that are necessary with institutions to which they have grown accustomed.' It is a truth more general in its application than he perhaps imagined. Certainly the student of political and legal ideas will in each age be compelled to examine theories which are called essential even when their original substance has, under pressure of new circumstance, passed into some allotropic form. Anyone, for instance, who analyses the modern theory of consideration will be convinced that, while judges do homage to an ancient content, they do …