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Articles 1 - 30 of 32
Full-Text Articles in Law
Constitutional Law-Trial By Jury-Conditions Of Valid Waiver
Constitutional Law-Trial By Jury-Conditions Of Valid Waiver
Michigan Law Review
Until the rendition of the Supreme Court's lengthy opinion in Patton v. United States the consequence of a defendant's waiver of his constitutional right to trial by jury in criminal cases, and his resultant trial without a jury of twelve persons, was matter for vigorous disputation. The decisions from various jurisdictions are conflicting and confused. Some courts have declared flatly that the right cannot be validly waived and that conviction following an attempted waiver is a nullity. But their reasons for so holding are widely variant.
Constitutional Law-Saboteurs And The Jurisdiction Of Military Commissions, George T. Schilling
Constitutional Law-Saboteurs And The Jurisdiction Of Military Commissions, George T. Schilling
Michigan Law Review
The jurisdiction of military tribunals in the United States has troubled political and legal writers since the days of the Revolution. Decided cases are not numerous. The boundaries separating military and civil jurisdiction are not precise. Observations of the plight of oppressed peoples in other lands as well as the conception of total war and the course of action necessary for survival warrant a reexamination and reappraisal of our constitutional guarantees, which were in part based upon and reflect a fear of tyrannical military rule. A pronouncement of the Supreme Court of the United States in this field is, therefore, …
Due Process And The Wartime Draft Of Manpower, Clyde L. Colson
Due Process And The Wartime Draft Of Manpower, Clyde L. Colson
West Virginia Law Review
No abstract provided.
Contempt By Publication In West Virginia, G. W. E.
Contempt By Publication In West Virginia, G. W. E.
West Virginia Law Review
No abstract provided.
States--Constitutional Limitations--Loan Of Credit, L. E. B.
States--Constitutional Limitations--Loan Of Credit, L. E. B.
West Virginia Law Review
No abstract provided.
Constitutional Law - Impairing The Obligation Of Contracts - New York Decedents' Estate Law, Robert Walsh
Constitutional Law - Impairing The Obligation Of Contracts - New York Decedents' Estate Law, Robert Walsh
Michigan Law Review
By a premarital agreement executed in 1922 the wife of decedent waived all rights in his estate. The waiver was signed but not acknowledged. In August, 1930, decedent executed a will leaving $2,000 to his wife. In September, 1930, there went into effect an amendment of the Decedents' Estate Law of New York, which gave to a widow an election to take under or against the will of her husband and provided that such election could be waived only by an instrument signed and acknowledged. The statute applied only to wills executed after September, 1930. The decedent executed a codicil …
Recent Decisions, Michigan Law Review
Recent Decisions, Michigan Law Review
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Another Jehovah's Witness Case
Another Jehovah's Witness Case
Indiana Law Journal
Notes and Comments: Constitutional Law
Constitutional Law - Involuntary Servitude, John W. Potter
Constitutional Law - Involuntary Servitude, John W. Potter
Michigan Law Review
Appellant was indicted under a Georgia statute which provided that anyone who contracted to perform services of any kind with the intent not to perform such services was subject, upon conviction, to fine and /or imprisonment. Proof of the contract, procurement of money or any other thing of value, and the failure to perform the service or to return the money advanced without good and sufficient cause were stated to be presumptive evidence of the requisite intent. Appellant claimed that the statute violated the Thirteenth Amendment and the due process clause of the Fourteenth Amendment. The state court held the …
Evidence - Constitutional Problems In Compelling The Attendance Of Witnesses Outside The State, Paul J. Keller, Jr.
Evidence - Constitutional Problems In Compelling The Attendance Of Witnesses Outside The State, Paul J. Keller, Jr.
Michigan Law Review
Cooper, a citizen of New Jersey, was sought as a witness by a defendant in a criminal prosecution in a New York court in accordance with a New Jersey statute, which allowed such a procedure upon certain conditions. The conditions included a hearing in New Jersey on the summons and provisions for compensation and immunity from service of process while acting on the writ outside the state. At the New Jersey hearing on the summons Cooper objected on the ground that the statute was an unconstitutional deprivation of his liberty. Held, that the statute is constitutional. In re Cooper …
The Constitution And The Guarantee Of Freedom, James T. Shotwell
The Constitution And The Guarantee Of Freedom, James T. Shotwell
James Goold Cutler Lecture
No abstract provided.
Constitutional Law - Labor Law - Recent Ramifications Of The Application Of Free Speech Doctrines To The Protection Of Picketing, William H. Kinsey
Constitutional Law - Labor Law - Recent Ramifications Of The Application Of Free Speech Doctrines To The Protection Of Picketing, William H. Kinsey
Michigan Law Review
When the United States Supreme Court declared that peaceful picketing was protected by the constitutional guaranty of free speech, it raised the interesting question how the doctrines shielding the traditional modes of free speech were to be adapted to the preservation of picketing. A smooth cloaking of the right to picket with the sanctity of a constitutionally protected civil liberty is complicated by various factors such as the ease with which picketing may lead to violence, the elements of economic coercion inherent in even peaceful picketing, and the detrimental repercussions upon strangers to the controversy. As a result the clash …
Profits A Prendre And Interstate Price-Fixing, C. C. Williams Jr., Kemble White Jr.
Profits A Prendre And Interstate Price-Fixing, C. C. Williams Jr., Kemble White Jr.
West Virginia Law Review
No abstract provided.
Constitutional Law--Validity Of Special Legislation--Acts Authorizing Reopening Of Claims Under Workmen's Compensation Law, G. W. E.
West Virginia Law Review
No abstract provided.
Constitutional Law - Commerce Clause - Power To Regulate Intrastate Transactions - Milk Prices, Michigan Law Review
Constitutional Law - Commerce Clause - Power To Regulate Intrastate Transactions - Milk Prices, Michigan Law Review
Michigan Law Review
Pursuant to the Agricultural Marketing Agreement Act of 1937, conferring on the Secretary of Agriculture the power to regulate the handling of milk which is "in the current of interstate or foreign commerce, or which directly burdens, obstructs or affects interstate or foreign commerce in such commodity or product thereof," the secretary issued marketing orders fixing minimum prices to be paid to producers of milk in the Chicago area. Respondent, who purchased and sold milk only within the state of Illinois, refused to comply with the order. The United States sought enforcement of the order, but the complaint was dismissed. …
Constitutional Law - Due Process - Notice And Hearing - Validity Of Statute Authorizing Seizure Of Property Illegally In Possession Of Pawnbroker, Wilbur Jacobs
Michigan Law Review
Complainant, believing his property to be illegally in the possession of defendant pawnbroker, obtained a search warrant, authorized by statute to be issued, on complaint under oath, by any magistrate who is satisfied that there is reasonable cause for complainant's belief. Although the statute required the property to be seized and delivered to complainant on his posting a bond for double the value of the property, the property was not in fact seized. However, actual notice to appear and be heard on a certain date was given to the defendant, even though such notice was not expressly required by the …
Constitutional Law - Commerce Clause - Regulation Of Renovated Butter Manufacture, Michigan Law Review
Constitutional Law - Commerce Clause - Regulation Of Renovated Butter Manufacture, Michigan Law Review
Michigan Law Review
Plaintiff, who was engaged in the manufacture of renovated butter from packing stock butter, brought an action to enjoin Alabama officials from enforcing state laws relating to the inspection and seizure of the raw material. Plaintiff contended that since the production of renovated butter was taxed and regulated by the United States, state action was excluded. The federal act conferred upon the Secretary of Agriculture, among other things the duty of ascertaining "whether or not materials used in the manufacture of said process or renovated butter are deleterious to health or unwholesome in the finished product, and in case such …
Constitutional Law - State Control Of Interstate Migration Of Indigents, Edward W. Adams
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.
Constitutional Law -- Due Process -- Price-Fixing, Michigan Law Review
Constitutional Law -- Due Process -- Price-Fixing, Michigan Law Review
Michigan Law Review
A Nebraska statute required the licensing of private employment agencies and limited maximum compensation for services rendered to ten per cent of the first month's salary or wages of the person for whom employment was obtained. In this case the Secretary of Labor of Nebraska refused to issue a license because of the applicant's refusal to limit its compensation to the statutory maximum. In a suit for a peremptory writ of mandamus to compel the issuing of the license, the Secretary of Labor relied on the statute. In reliance on Ribnik v. McBride, the Supreme Court of Nebraska, with …
Constitutional Law - State Proration Acts - Regulation Of Production When Sales Are Largely Interstate, Michigan Law Review
Constitutional Law - State Proration Acts - Regulation Of Production When Sales Are Largely Interstate, Michigan Law Review
Michigan Law Review
The plaintiff, a raisin packer in the state of California, was prevented from purchasing in open market to fill his out-of-state orders because of the California Agricultural Proration Act. By its provisions the producers of raisin grapes are required to turn over seventy per cent of their produce to state "pools." The remaining thirty per cent may be sold without restriction, providing the producer holds certificates issued by a commission. Packers are permitted to purchase only from such certificate holders. These packers operate within California, buying from producers and selling to jobbers, wholesalers, brokers, etc., for resale to the public. …
The Virginia Bill Of Rights, Leonard C. Helderman
The Virginia Bill Of Rights, Leonard C. Helderman
Washington and Lee Law Review
No abstract provided.
Protection Against Invasion Of Privacy In Communications: The Olmstead Case Sustained
Protection Against Invasion Of Privacy In Communications: The Olmstead Case Sustained
Washington and Lee Law Review
No abstract provided.
Constitutional Law-Taxation - Express Immunity Of Federal Instrumentalities, Michigan Law Review
Constitutional Law-Taxation - Express Immunity Of Federal Instrumentalities, Michigan Law Review
Michigan Law Review
A federal land bank filed a complaint against defendant lumber company and the tax commissioner seeking exemption from a state sales tax on purchases of lumber by the bank. The Supreme Court of North Dakota found the bank liable for the tax and on certiorari to the United States Supreme Court it was held, that the Federal Farm Loan Act conferred express immunity from the tax upon the bank and that such Congressional exemption was constitutional by virtue of the "necessary and proper" clause. Federal Land Bank of St. Paul v. Bismarck Lumber Co. (U.S. 1941) 62 S. Ct. …
Constitutional Law - Due Process Of Law - Freedom Of Expression In Commercial Handbills, Edward W. Adams
Constitutional Law - Due Process Of Law - Freedom Of Expression In Commercial Handbills, Edward W. Adams
Michigan Law Review
Petitioner desired to display for profit a privately owned submarine. Upon application, he was denied permission to tie up at the New York City docks, and so he obtained permission to use state-owned docks. He petitioned the police commissioner for permission to distribute handbills advertising his display, but because of a New York City ordinance providing that any handbill which was commercial in nature could not be circulated, this was refused. Petitioner then prepared a handbill with commercial matter referring to the display on one side, and on the other side a protest against the city's refusal to allow petitioner …
Libel--Libel Per Se--Fair Comment--Attributing Anton-Semitism To Congressman, D. D. J. Jr.
Libel--Libel Per Se--Fair Comment--Attributing Anton-Semitism To Congressman, D. D. J. Jr.
West Virginia Law Review
No abstract provided.
The Amending Of The Federal Constitution, Lester Bernhardt Orfield
The Amending Of The Federal Constitution, Lester Bernhardt Orfield
Michigan Legal Studies Series
MOST treatises on constitutional law dispose of the federal amending clause in summary fashion. The commentators have thought fit to stress chiefly the division of authority between the federal government and the states. They have attached a high degree of significance to the dogma of separation of powers. A great deal of attention has been devoted to the doctrines of judicial review, the supremacy of the Federal Constitution, and the Bill of Rights. The taxation and the commerce clauses have come in for their full share of consideration. In recent years extensive studies have been made of the due process …
Administrative Hearings Under The Federal Constitution, George E. Hale
Administrative Hearings Under The Federal Constitution, George E. Hale
Kentucky Law Journal
No abstract provided.
Constitutional Law - Federal Election Laws - Primary Elections, Brooks F. Crabtree
Constitutional Law - Federal Election Laws - Primary Elections, Brooks F. Crabtree
Michigan Law Review
Several members of the New Orleans Board of Commissioners of Elections were indicted on charges of having fraudulently altered and counted numerous votes in a Louisiana primary election to nominate a candidate of the Democratic Party for representative in the United States Congress. The indictments were brought under sections 19 and 20 of the Criminal Code of the United States which make it a criminal offense to injure or deprive a citizen of any right or privilege secured to him under the Constitution. The defendants were alleged to have conspired together to deprive citizens in Louisiana of the right to …
A Proposal For Co-Operative Research On The Bill Of Rights, Jerome Hall
A Proposal For Co-Operative Research On The Bill Of Rights, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Tendencies In American Constitutional Law, Hugh Evander Willis
Tendencies In American Constitutional Law, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.