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Constitutional Law

1959

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The Supreme Court - October 1958 Term, Bernard Schwartz Dec 1959

The Supreme Court - October 1958 Term, Bernard Schwartz

Michigan Law Review

The Supreme Court, reads a famous passage by Bryce, "feels the touch of public opinion. Opinion is stronger in America than anywhere else in the world, and judges are only men. To yield a little may be prudent, for the tree that cannot bend to the blast may be broken."

The history of the highest Court bears constant witness to the truth of Bryce's statement. Supreme Court action which has moved too far in one direction has always ultimately provoked an equivalent reaction in the opposite direction. Even an institution as august as the high tribunal cannot escape the ...


Constitutional Law - Due Process - Retroactive Application Of Uniform Principal And Income Act, Thomas E. Kauper S.Ed. Dec 1959

Constitutional Law - Due Process - Retroactive Application Of Uniform Principal And Income Act, Thomas E. Kauper S.Ed.

Michigan Law Review

The trustee of a trust created prior to the 1957 enactment of the Uniform Principal and Income Act petitioned for instructions as to whether a stock dividend received by it subsequent to the passage of the act should be allocated to principal or income. The Uniform Act provides a rule for the treatment of stock dividends contrary to the judicial rule previously adopted in Wisconsin, and is expressly made applicable to trusts existing on its date of enactment. The county court, finding the act could not be constitutionally applied to trusts created prior to its enactment, ordered the allocation of ...


Constitutional Law- Equal Protection - Right To Counsel In Appeal By Indigent Person, Gertrude S. Rosenthal S.Ed. Nov 1959

Constitutional Law- Equal Protection - Right To Counsel In Appeal By Indigent Person, Gertrude S. Rosenthal S.Ed.

Michigan Law Review

Following his conviction for assault with intent to commit rape, defendant gave notice of appeal. Declaring he was indigent but with meritorious grounds for prosecuting an appeal, he petitioned the appellate court for the appointment of counsel to present his case by brief and oral argument. No information concerning the defendant's age, education or experience was given by the petition, nor were specific grounds for review alleged. Appeal is a matter of right in criminal cases in the jurisdiction. Held, petition denied, two judges dissenting. No action will be taken until a transcript of the record is filed. The ...


Conflict Of Laws - Custody Decrees - Jurisdiction To Modify And Effect In Sister States, Donald R. Jolliffe S.Ed. Nov 1959

Conflict Of Laws - Custody Decrees - Jurisdiction To Modify And Effect In Sister States, Donald R. Jolliffe S.Ed.

Michigan Law Review

Husband and wife were divorced in Wisconsin in 1956 by a judgment which awarded alimony, custody of the children, and support money to W. The custody decree provided that W be permitted to remove the children to California but that they be allowed to visit H each summer. While H was visiting California in October 1957, he was served in an action commenced by W seeking absolute custody. H returned to Wisconsin and on November 5 asked the Wisconsin court to modify its divorce judgment by awarding custody of the children to him. That court set a hearing and issued ...


Constitutional Law - Due Process- Residence Substituted For Domicile As Basis For Divorce Jurisdiction, Paul Gerding S.Ed. Nov 1959

Constitutional Law - Due Process- Residence Substituted For Domicile As Basis For Divorce Jurisdiction, Paul Gerding S.Ed.

Michigan Law Review

Plaintiff husband brought a divorce action under an Arkansas statute, which granted state courts divorce jurisdiction on the basis of residence of one of the parties within Arkansas for three months, to terminate a marriage performed in another jurisdiction. Defendant wife, domiciled in California, filed a cross complaint for separate maintenance and attacked the court's jurisdiction to grant the divorce. The lower court held the act unconstitutional in eliminating domicile of one of the parties as a jurisdictional requirement in a divorce action, and, finding that the plaintiff was not domiciled in Arkansas, dismissed the suit. On appeal, held ...


Constitutional Law—Export-Import Clause—State's Power To Tax Exports— Sales Tax.—Gough Industries, Inc. V. State Board Of Equalization., Peter A. Donovan Oct 1959

Constitutional Law—Export-Import Clause—State's Power To Tax Exports— Sales Tax.—Gough Industries, Inc. V. State Board Of Equalization., Peter A. Donovan

Boston College Law Review

No abstract provided.


Constitutional Law—Off-Street Parking Provision In Municipal Zoning Ordinance Held Invalid As A Delegation Of Legislative Power.—State Ex Rd. Associated Land And Investment Corp. V. The City Of Lyndhurst., Lawrence J. Kenney Oct 1959

Constitutional Law—Off-Street Parking Provision In Municipal Zoning Ordinance Held Invalid As A Delegation Of Legislative Power.—State Ex Rd. Associated Land And Investment Corp. V. The City Of Lyndhurst., Lawrence J. Kenney

Boston College Law Review

No abstract provided.


The Supreme Court And The Decline Of State Power, Roger C. Cramton Oct 1959

The Supreme Court And The Decline Of State Power, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.


Right To Counsel - Representation By Attorney Disqualified For Non-Payment Of Bar Dues, Lawrence P. Roesen Oct 1959

Right To Counsel - Representation By Attorney Disqualified For Non-Payment Of Bar Dues, Lawrence P. Roesen

William & Mary Law Review

No abstract provided.


Constitutional Law, Robert L. Fletcher Sep 1959

Constitutional Law, Robert L. Fletcher

Washington Law Review

Covers seizure and destruction of obscene materials.


Search And Seizure—Due Process Of Law—Municipal Health Inspections—Frank V. Maryland, 79 Sup. Ct. 804 (1959), William B. Stoebuck Sep 1959

Search And Seizure—Due Process Of Law—Municipal Health Inspections—Frank V. Maryland, 79 Sup. Ct. 804 (1959), William B. Stoebuck

Washington Law Review

Answering a complaint, an inspector from the Baltimore health department searched defendant's neighborhood. After finding evidence behind defendant's home that suggested rats were inside, the inspector requested entry of defendant, which was refused. The inspector left and returned the next day for further exterior examination of the home but, not finding defendant there, again made no entry. Within a few days defendant was arrested, tried by a magistrate, convicted, and fined twenty dollars for violation of a Baltimore health ordinance requiring householders to admit health inspectors. The Baltimore Criminal Court affirmed the conviction, the Maryland Supreme Court denied ...


Review Of Powers Of Single Judge Under Three-Judge Acts Sep 1959

Review Of Powers Of Single Judge Under Three-Judge Acts

Washington and Lee Law Review

No abstract provided.


Constitutional Law, Gene G. Olson, Frank J. Woody, R. Ted Bottiger Jul 1959

Constitutional Law, Gene G. Olson, Frank J. Woody, R. Ted Bottiger

Washington Law Review

Covers cases on court interpretation of the power to amend initiatives (Olson), on occupational tax—interstate commerce—due process (Woody), and on freedom of the press—prior restraint—procedural due process—equal protection—Washington comic book statute (Bottiger).


Constitutional Law--Sovereign Immunity Of State Agency, R. G. D. Jun 1959

Constitutional Law--Sovereign Immunity Of State Agency, R. G. D.

West Virginia Law Review

No abstract provided.


Constitutional Law - Import-Export Clause - Power Of State To Tax Foreign Imports Supplying Current Operating Needs, Stevan Uzelac Jun 1959

Constitutional Law - Import-Export Clause - Power Of State To Tax Foreign Imports Supplying Current Operating Needs, Stevan Uzelac

Michigan Law Review

Appellant imported from five countries iron ore which was stored at its processing plant and drawn upon to fill the current operational needs of the plant. When the ore arrived it was originally stored in stock piles containing a three-month supply. As needed, ores were conveyed from the stock piles to "stock bins," holding one or two days' supply and located in close proximity to the plant, from which the ores were used in the operation of the plant. The State of Ohio collected a personal property tax upon all the imported ore. In a companion case petitioner imported from ...


The Supreme Court And State Power To Deal With Subversion And Loyalty, Roger C. Cramton May 1959

The Supreme Court And State Power To Deal With Subversion And Loyalty, Roger C. Cramton

Cornell Law Faculty Publications

In this Article, Professor Cramton discusses the effect of recent United States Supreme Court decisions on state control of Subversive activities. He finds that while the decisions to some extent restrict state activity in this area, and though the Court in its decisions gives the impression of vacillation and confusion, some definite and workable principles are emerging which contribute to a resolution of the inherent conflict of federal-state relations which these issues pose. He concludes that as the states grow more sophisticated in their treatment of these issues, so the policy of judicial self-restraint will become more influential in restricting ...


Constitutional Law--Search And Seizure--Right Of Privacy Of The Home, A. G. H. Apr 1959

Constitutional Law--Search And Seizure--Right Of Privacy Of The Home, A. G. H.

West Virginia Law Review

No abstract provided.


Constitutional Law--Freedom Of The Press--Testimony Privilege Of Journalist, L. B. S. Apr 1959

Constitutional Law--Freedom Of The Press--Testimony Privilege Of Journalist, L. B. S.

West Virginia Law Review

No abstract provided.


Constitutional Law--Due Process--Evidence Of Prior Conviction, J. F. W. Jr. Apr 1959

Constitutional Law--Due Process--Evidence Of Prior Conviction, J. F. W. Jr.

West Virginia Law Review

No abstract provided.


Abstracts Of Recent Cases, C. H. A. Apr 1959

Abstracts Of Recent Cases, C. H. A.

West Virginia Law Review

No abstract provided.


"Federal Question" Jurisdiction -- A Snare And A Delusion, Ernest J. London Apr 1959

"Federal Question" Jurisdiction -- A Snare And A Delusion, Ernest J. London

Michigan Law Review

Poorly defined criteria in the area of jurisdiction are especially wasteful, generating as they often do expensive and protracted litigation over threshold issues, rather than promoting the speedy determination of lawsuits on their merits. One of the most perplexing exercises in American law practice is the effort to define with certainty the original jurisdiction of the lower federal courts in matters where there is no diversity of citizenship. Although this general head of federal jurisdiction has persistently and pervasively been characterized as "federal question" jurisdiction, it is doubtful whether there is, in fact, original jurisdiction in the lower federal courts ...


Constitutional Law - Commerce Clause - Power Of States To Levy Net Income Tax On Businesses Engaged In Soley Interstate Commerce, John C. Peters S.Ed. Apr 1959

Constitutional Law - Commerce Clause - Power Of States To Levy Net Income Tax On Businesses Engaged In Soley Interstate Commerce, John C. Peters S.Ed.

Michigan Law Review

Appellant, an Iowa corporation, maintained a sales office in Minnesota and employed salesmen who solicited orders from dealers within that state, though all of its sales contracts were made at the corporation's home office in Iowa. In accordance with a Minnesota statute, a state net income tax, fairly apportioned to the state's share of the corporation's interstate business, was levied upon appellant. In a suit brought by the state to collect this tax, appellant contended that the statute as applied violated the commerce and due process clauses of the Federal Constitution because it taxed the net proceeds ...


Constitutional Law - Search And Seizure - Admissibility In A Federal Court Of Evidence Illegally Obtained By State Officers, Robert J. Paley Mar 1959

Constitutional Law - Search And Seizure - Admissibility In A Federal Court Of Evidence Illegally Obtained By State Officers, Robert J. Paley

Michigan Law Review

In response to a call from a citizen whose suspicions had been aroused by the actions of the defendant and a companion, Maryland police unlawfully arrested the companion and searched the premises occupied by him and the defendant. & a result of this search, money was found which had been stolen in the District of Columbia. Although the search was illegal under Maryland law and in violation of the Fourteenth Amendment, this money was used as evidence to convict the defendant of housebreaking and larceny in the District of Columbia federal court. On appeal, held, conviction reversed and remanded for a ...


Multiple Prosecutions, Collateral Estoppel And The Constitution Mar 1959

Multiple Prosecutions, Collateral Estoppel And The Constitution

Washington and Lee Law Review

No abstract provided.


Constitutional Law - Courts - Martial - Power Of Congress To Provide For Military Jurisdiction Over Retired Servicemen, Stephen B. Flood Mar 1959

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 ...


Constitutional Law--Interstate Commerce--State Control Of Interstate Activities, J. F. W. Jr. Feb 1959

Constitutional Law--Interstate Commerce--State Control Of Interstate Activities, J. F. W. Jr.

West Virginia Law Review

No abstract provided.


Constitutional Law--Due Process In Determination Of Sanity Of Condemned Prisoners--Remedial Procedures, J. J. P. Feb 1959

Constitutional Law--Due Process In Determination Of Sanity Of Condemned Prisoners--Remedial Procedures, J. J. P.

West Virginia Law Review

No abstract provided.


Constitutional Law--Right To Decline To Give Incriminating Testimony--Disciplinary Action Against Lawyers, T. V. W. Feb 1959

Constitutional Law--Right To Decline To Give Incriminating Testimony--Disciplinary Action Against Lawyers, T. V. W.

West Virginia Law Review

No abstract provided.


Labor Law - Labor Management Relations Act - Linking "Employer Free Speech" To No-Solicitation Rule, Barbara Burger Feb 1959

Labor Law - Labor Management Relations Act - Linking "Employer Free Speech" To No-Solicitation Rule, Barbara Burger

Michigan Law Review

During an organizational campaign the employer prohibited any dissemination of literature on company property and soliciting or campaigning on company time by employees while itself distributing within the plant non-threatening, anti-union literature. General Counsel for the NLRB contended that by this conduct the employer "interfered with, restrained or coerced" employees in their exercise of the right to self-organization. This contention was rejected by the NLRB, but on appeal was accepted by the Court of Appeals for the District of Columbia. On certiorari to the United States Supreme Court, held, reversed, two justices dissenting. Even if an employer could commit an ...


The Supreme Court And States Rights, Paul Leo Oberst Jan 1959

The Supreme Court And States Rights, Paul Leo Oberst

Kentucky Law Journal

No abstract provided.