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Articles 1 - 13 of 13
Full-Text Articles in Law
Constitutional Limitations On The Regulation Of Union And Employer Conduct, Charles O. Gregory
Constitutional Limitations On The Regulation Of Union And Employer Conduct, Charles O. Gregory
Michigan Law Review
This is a discussion of constitutional issues involved in federal and state regulations pertaining to labor. The importance of substantive due process has dwindled away, except in relation to picketing and Jim Crow unionism. The dominant issue has become the exercise of power, in a jurisdictional sense, to eliminate socially injurious practices. During the past half century the Supreme Court has taken almost all possible positions on these matters. Pursuing the ideal of a living document, the Court has retailored the Constitution to suit the political exigencies and the dominant interest pressures of any given time.
Constitutional Law-Equal Protection Clause-County Unit Vote, Charles Myneder S.Ed.
Constitutional Law-Equal Protection Clause-County Unit Vote, Charles Myneder S.Ed.
Michigan Law Review
Plaintiffs brought an action against defendants, Chairman of the Georgia State Democratic Executive Committee and others, to restrain adherence to a state statute providing that the County Unit Vote shall determine the outcome of a primary election. Under the statute each county is alloted a number of unit votes. The candidate receiving the highest popular vote in the county is awarded the unit votes of that county. Plaintiffs, residents of the most populous county in the state, alleged that their votes had on an average but one-tenth the weight of those in the other counties in the state. From a …
Some Problems In Federal Question Jurisdiction, George B. Fraser, Jr.
Some Problems In Federal Question Jurisdiction, George B. Fraser, Jr.
Michigan Law Review
Congress has given the federal district courts original and removal jurisdiction of all civil actions arising under the Constitution or laws of the United States, but the power of these courts to hear such cases has been restricted by the Supreme Court of the United States. The Supreme Court holds that the district courts have jurisdiction of a case if a federal question is raised in the complaint, but jurisdiction cannot be based on a federal question in the answer. This means that the district courts are closed to many cases that involve a substantial federal issue, while many cases …
Constitutional Law- Sixth Amendment-Impartial Jury-Government Employees On Jury When Government Is Party, G. B. Myers S.Ed.
Constitutional Law- Sixth Amendment-Impartial Jury-Government Employees On Jury When Government Is Party, G. B. Myers S.Ed.
Michigan Law Review
Petitioner, General Secretary of the Communist Party in the United States, was convicted of contempt of Congress after he failed to obey a subpoena of the Committee on Un-American Activities of the House of Representatives. At the trial counsel for the petitioner during voir dire examination inquired as to the employment of each prospective juror, and challenged all Government employees for cause. Counsel argued that because of the "Loyalty Order" and other security investigations taking place in Washington, Government employees would be afraid to risk the possible consequences of an acquittal and were therefore subject to implied bias. The challenge …
Labor Law--Federal-State Relations--Validity Of Michigan's Labor Mediation Act, R. L. Storms S.Ed.
Labor Law--Federal-State Relations--Validity Of Michigan's Labor Mediation Act, R. L. Storms S.Ed.
Michigan Law Review
Plaintiff labor union called a strike against defendant auto corporation in May, 1948, without conforming to the prescribed state procedure. The purpose of the strike was to enforce demands for higher wages and the strike was conducted peacefully. To enjoin possible criminal prosecution the union instituted the instant suit in the state courts, contending that the Michigan labor mediation law, the much publicized "Bonine-Tripp Act," violated the due process and commerce clauses of the Federal Constitution. The Michigan Supreme Court reversed the decision of the trial court which had granted the injunction. On appeal, held, reversed. Congress has occupied …
Constitutional Law-Due Process-Right Of Condemned Prisoner To A Hearing On Claim Of Supervening Insanity, Robert P. Griffin S.Ed.
Constitutional Law-Due Process-Right Of Condemned Prisoner To A Hearing On Claim Of Supervening Insanity, Robert P. Griffin S.Ed.
Michigan Law Review
Petitioner was convicted of murder in a Georgia court and sentenced to die by electrocution. He made application to the governor to postpone execution on the ground that he had become insane after conviction. The governor, acting under authority of a state statute, appointed three physicians who conducted an examination of petitioner and found him sane. Thereupon, petitioner filed a petition for a writ of habeas corpus in a state court contending that the due process clause of the Fourteenth Amendment entitled him to a hearing on his insanity claim before a judicial or administrative tribunal at which he could …
Freund: On Understanding The Supreme Court., Michigan Law Review
Freund: On Understanding The Supreme Court., Michigan Law Review
Michigan Law Review
A Review of ON UNDERSTANDING THE SUPREME COURT. By Paul A. Freund.
Constitutional Law-Exports-Immunity From State Taxation, Paul E. Anderson S.Ed.
Constitutional Law-Exports-Immunity From State Taxation, Paul E. Anderson S.Ed.
Michigan Law Review
Article 1, section 10 of the Constitution provides, "No State shall, without the consent of Congress, lay any imposts or duties on imports or exports . . . . " This clause places a limitation on state taxing power. The basic problem is to determine at what point goods in the process of being manufactured and prepared for foreign shipment become exports. If the goods are found to be exports, they are immune to state taxation. Two recent Supreme Court decisions have dealt with this question in an attempt to lay down a general rule applicable to future situations. Because …
Constitutional Law-Corporations-Artificial "Persons" And The Fourteenth Amendment, Robert P. Griffin S.Ed.
Constitutional Law-Corporations-Artificial "Persons" And The Fourteenth Amendment, Robert P. Griffin S.Ed.
Michigan Law Review
That a corporation is a "person" for certain purposes within the meaning of the Fourteenth Amendment, and therefore entitled to invoke its protection, is considered by students of constitutional law to be well settled. For that reason the dissent of Justice Douglas in the recent case of Wheeling Steel Corporation v. Glander demands more than passing recognition. Therein he restates and adds his support to the view of Justice Black that the word "person" as used in the Fourteenth Amendment refers exclusively to human beings and affords no protection whatsoever to corporations against arbitrary state action.
Constitutional Law-Federal Courts-Diversity Jurisdiction- District Of Columbia Citizens, John D. Mcleod S.Ed.
Constitutional Law-Federal Courts-Diversity Jurisdiction- District Of Columbia Citizens, John D. Mcleod S.Ed.
Michigan Law Review
The Act of Congress of April 20, 1940, provided that district courts should exercise original jurisdiction over actions "between citizens of different States, or citizens of the District of Columbia, the Territory of Hawaii, or Alaska, and any State or Territory . . . . " The committee report and the title indicate the purpose to extend to citizens of the District of Columbia and the territories the right to sue in federal district courts on grounds solely of diversity of citizenship. Although the committee reports indicated no constitutional difficulties, the majority of the lower federal courts which considered the …
Constitutional Law-Congressional Committees-Quorum, G. B. Myers S.Ed.
Constitutional Law-Congressional Committees-Quorum, G. B. Myers S.Ed.
Michigan Law Review
Petitioner, having testified falsely before a committee of the House of Representatives, was convicted of perjury. On trial, petitioner contested the competency of the committee, maintaining that a quorum must actually be present when the testimony is given. Evidence was offered tending to show that though there was a record quorum at the beginning of the meeting in question, this quorum was not maintained at the time petitioner testified. The trial court agreed that presence of a quorum was essential, but charged, in effect, that this requirement is satisfied by a showing of a record quorum at the outset together …
Constitutional Law–Due Process–Equal Protection Of The Laws–Anti-"Strike Suit'' Legislation Held Constitutional, Joseph Gricar S.Ed.
Constitutional Law–Due Process–Equal Protection Of The Laws–Anti-"Strike Suit'' Legislation Held Constitutional, Joseph Gricar S.Ed.
Michigan Law Review
Plaintiff brought a derivative suit against the defendant, a Delaware corporation, in a United States district court in New Jersey. While the suit was in process, New Jersey passed a statute permitting a corporation in whose name a suit was brought to demand security for reasonable expenses including attorney fees. The plaintiff stockholder was to be liable for such expenses if the suit was unsuccessful. The statute was not to apply when the complainant's holding represented 5% of the par or stated value of the corporation's outstanding stock or had a value of $50,000. Since the act applied to suits …
Constitutional Law-Due Process-Right To Counsel In State Courts, Charles Myneder
Constitutional Law-Due Process-Right To Counsel In State Courts, Charles Myneder
Michigan Law Review
Petitioner was tried before a jury on a charge of larceny, convicted and sentenced to a penitentiary term. He did not request counsel, and the court made no offer to appoint counsel. In the course of the trial, petitioner was prejudiced by his failure to object to certain errors in evidence. In a petition for habeas corpus in the Supreme Court of Pennsylvania, he alleged denial of a constitutional right of counsel. On answer, it was averred that in petitioner's conduct of his own defense he displayed a "familiarity with legal process in the criminal courts." A transcript of petitioner's …