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Constitutional Law - Courts - Martial - Power Of Congress To Provide For Military Jurisdiction Over Retired Servicemen, Stephen B. Flood
Constitutional Law - Courts - Martial - Power Of Congress To Provide For Military Jurisdiction Over Retired Servicemen, Stephen B. Flood
Michigan Law Review
A retired naval officer was charged with violations of the Uniform Code of Military Justice based upon acts of sodomy occurring after his retirement. At arraignment he challenged the jurisdiction of the military tribunal on the ground that Article 2(4) of the U.C.M.J., providing for court-martial jurisdiction over retired servicemen, contravenes the Fifth Amendment. The court-martial and the board of review overruled this objection, and the accused was convicted and sentenced. On appeal, held, while jurisdiction is proper, reversed on other grounds for further proceedings. A retired member of the armed forces who is entitled to pay is a …
Constitutional Law - Due Process - Dismissal Of State Employees For Refusal To Answer Questions Concerning Membership In Communist Organizations, Roger W. Findley
Constitutional Law - Due Process - Dismissal Of State Employees For Refusal To Answer Questions Concerning Membership In Communist Organizations, Roger W. Findley
Michigan Law Review
In companion cases state employees of Pennsylvania and New York were dismissed on grounds of "incompetency" and "doubtful trust and reliability" for refusing to answer questions by superiors concerning membership in communist organizations. Petitioner Beilan also invoked the Fifth Amendment at a hearing by a congressional investigating committee between the time he refused to answer his superior and the time he was dismissed. Appellant Lerner had invoked the Fifth Amendment when he refused to answer the questions asked by city officials. The highest courts of the states upheld the dismissals, making it clear that they were based on refusal to …