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Administrative Law - Selective Service Act - Finality Of Local Draft Board's Classifications, William H. Shipley Jan 1942

Administrative Law - Selective Service Act - Finality Of Local Draft Board's Classifications, William H. Shipley

Michigan Law Review

The wife of a registrant who had been placed in class I-A and inducted into the army under the Selective Training and Service Act of 1940 petitioned the federal district court for a writ of habeas corpus to secure her husband's release, contending that the draft board had acted arbitrarily in classifying him. The petitioner and the registrant became engaged in December, 1939, at which time the date of their wedding was set for January 4, 1941. On November 20, 1940, the registrant filed his questionnaire with his local board, indicating that he then had no dependents but that he …


Criminal Law And Procedure - Remedies Available To Convicted Defendant When New Facts Are Found, Smith Warder Apr 1941

Criminal Law And Procedure - Remedies Available To Convicted Defendant When New Facts Are Found, Smith Warder

Michigan Law Review

Due to its haphazard growth and evolution, the Anglo-American system of jurisprudence occasionally left gaping defects in its general contours. Many of these defects have been and are being filled, both by statute and by the continuing development of the common law. However, there is one case which re-occurs with distressing frequency where no satisfactory remedy has been developed and where this lack of remedy can have unjust or even barbaric results.


Constitutional Law - Criminal Law And Procedure - Right To Effective Assistance Of Counsel, Walter Muller Jan 1941

Constitutional Law - Criminal Law And Procedure - Right To Effective Assistance Of Counsel, Walter Muller

Michigan Law Review

Robbery of a Federal Reserve Bank and jeopardizing lives by the use of dangerous weapons were the charges brought against defendant in a federal district court. Ten months after being taken into custody, he was finally brought to trial. On the latter date, for the first time, the defendant expressed to the court a desire to engage different counsel because of recent difficulties he had had with his original choice. The defendant was the complaining petitioner in a pending disbarment proceeding against his attorney. But the record did not show that the defendant disclosed the nature of those differences to …


Municipal Corporations - Use Of Streets - Validity Of Ordinance Providing For Parking Meters, Charles M. Kneier Nov 1937

Municipal Corporations - Use Of Streets - Validity Of Ordinance Providing For Parking Meters, Charles M. Kneier

Michigan Law Review

Petitioner was convicted and fined for parking in a meter parking space on a city street without depositing a nickel in the meter as required by municipal ordinance. Upon being committed to jail he applied for a writ of habeas corpus, contending that the ordinance providing for parking meters was invalid. Held, the writ was denied, parking meter ordinances being valid police regulations. Ex parte Duncan, 179 Okla. 355, 65 P. (2d) 1015 (1937).


Congress And The Appellate Jurisdiction Of The Supreme Court, Ralph R. Martig Mar 1936

Congress And The Appellate Jurisdiction Of The Supreme Court, Ralph R. Martig

Michigan Law Review

A democratic government such as ours, based upon the theory of popular sovereignty, presents many curious political phenomena. For example: in order to insure a proper balance of the powers, it has been necessary for the Supreme Court to assume the onerous task of passing upon the constitutionality of congressional legislation. It is unfortunate, but necessary, that the Court be obliged to exercise this power of judicial review at a time when the entire country is suffering from the effects of a severe and sustained economic depression. It is unfortunate, too, that the legislation under judicial examination should involve questions …


Constitutional Law - Power Of Congress To Punish For Contempt - Power To Punish For Completed Acts Apr 1935

Constitutional Law - Power Of Congress To Punish For Contempt - Power To Punish For Completed Acts

Michigan Law Review

Petitioner was attorney for certain air lines and during the course of the "Air Mail" contracts investigation in the Senate in 1934 was ordered to produce certain correspondence. He delayed, claiming an attorney's privileges, and either he or his partner allowed clients to remove certain of the papers asked for from his files. Some of the papers were later returned by the clients, and others were destroyed. Petitioner was committed for contempt of the Senate and brought habeas corpus proceedings. Held, (1) neither the fact that an obstruction of legislative process has been removed or that its removal has …


Crimes - Right To Bail Of Prisoner Held For Extradition Nov 1931

Crimes - Right To Bail Of Prisoner Held For Extradition

Michigan Law Review

The prisoner, who was wanted on an indictment in Iowa, had been apprehended in Minnesota under a rendition warrant issued by the governor of that state upon the requisition of the governor of Iowa. Habeas corpus proceedings were brought in the lower court to test the validity of the warrant, but the prisoner was remanded to the custody of the sheriff. He appealed this decision, and made application to fix bail pending the appeal. Held, it is doubtful if the court has the power to admit to bail after the governor's warrant has been issued, and even if the …


Indemnity Act Of 1863 A Study In The War-Time Immunity Of Governmental Officers, James G. Randall Apr 1922

Indemnity Act Of 1863 A Study In The War-Time Immunity Of Governmental Officers, James G. Randall

Michigan Law Review

One of the familiar measures of the Union administration during the Civil War was the suspension of the habeas corpus privilege and the consequent subjection of civilians to military authority. The essential irregularity of such a situation in American law is especially conspicuous when one considers its inevitable sequel-namely, the protection of military and civil officers from such prosecution as would normally follow invasion of private rights and actual injury of persons and property. Such protection was supplied by a bill of indemnity passed in 1863, and this law, with its amendment of i866, forms a significant chapter in the …