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Constitutional Law

1955

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Articles 61 - 71 of 71

Full-Text Articles in Law

Bill Of Rights Reader. By Milton R. Konvitz. Problems In Freedom. By Peter Bachrach., Clyde W. Summers Jan 1955

Bill Of Rights Reader. By Milton R. Konvitz. Problems In Freedom. By Peter Bachrach., Clyde W. Summers

Buffalo Law Review

No abstract provided.


Federal Supremacy And State Anti-Subversive Legislation, Alan Reeve Hunt Jan 1955

Federal Supremacy And State Anti-Subversive Legislation, Alan Reeve Hunt

Michigan Law Review

State legislatures have been prompted by international tensions of recent years to enact new and stringent anti-subversive laws, thus adding to an already large body of statutes directed against various forms of subversion. Many of these statutes are open to serious objection on constitutional ·grounds. The purpose of this article is to examine those objections which are based upon the notion either that federal power in the area is exclusive or that Congress, expressly or by necessary inference, has pre-empted the field.


Book Review. Griswold, E.N., The Fifth Amendment Today, Ralph F. Fuchs Jan 1955

Book Review. Griswold, E.N., The Fifth Amendment Today, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Security And The Constitution, W. Howard Mann Jan 1955

Security And The Constitution, W. Howard Mann

Articles by Maurer Faculty

No abstract provided.


Constitutional Law - Self-Incrimination - Relation To Loyalty Discharge From Government Service, George E. Ewing Jan 1955

Constitutional Law - Self-Incrimination - Relation To Loyalty Discharge From Government Service, George E. Ewing

Michigan Law Review

A doctor, drafted into the Army as a private by authority of the Doctors Draft Law, exercised his constitutional privilege against self-incrimination in refusing to complete a loyalty certificate required for a military commission. The Army refused to grant the commission. In a prior habeas corpus proceeding, he had been ordered discharged unless granted the commission. Since the Army intended to grant the discharge under conditions other than honorable, the doctor sought an injunction to compel prompt honorable discharge. Held, injunction granted. Exercise of the constitutional privilege in refusing to complete a loyalty certificate could not be considered a …


Obligations Of A State-Created Authority: Do They Constitute A Debt Of The State, Elizabeth Gaspar Brown Jan 1955

Obligations Of A State-Created Authority: Do They Constitute A Debt Of The State, Elizabeth Gaspar Brown

Michigan Law Review

Although provisions in a number of state constitutions limit the amount of debt a state may incur state legislatures frequently have attempted to circumvent such limitations. Recent decades have seen increased use of the "authority," set up by the legislature to accomplish a particular objective and given power to issue evidences of indebtedness to finance the objective, repayment to come from the revenues of the authority, with the declaration that the obligations of the authority are not those of the state. The enabling legislation has been challenged as unconstitutional, often on the ground that the obligations of the authority are …


Constitutional Law--Special Legislation--Payment Of Personal Property Taxes, P. Joan Skaggs Jan 1955

Constitutional Law--Special Legislation--Payment Of Personal Property Taxes, P. Joan Skaggs

Kentucky Law Journal

No abstract provided.


Constitutional Debt Limitations--Are Highway Authority Obligations "Debts" Of The State?, Gibson Downing Jan 1955

Constitutional Debt Limitations--Are Highway Authority Obligations "Debts" Of The State?, Gibson Downing

Kentucky Law Journal

No abstract provided.


Search And Seizure Under The Fourth Amendment, William C. Brafford Jr. Jan 1955

Search And Seizure Under The Fourth Amendment, William C. Brafford Jr.

Kentucky Law Journal

No abstract provided.


Freedom Of Inquiry Versus Authority: Some Legal Aspects, Joseph O'Meara Jan 1955

Freedom Of Inquiry Versus Authority: Some Legal Aspects, Joseph O'Meara

Journal Articles

I am to discuss some legal aspects of freedom of inquiry versus authority. It raises the issue of free speech; for inquiry is not free - it is confined and frustrated - if one must keep the fruits of inquiry to one's self. The contest between freedom and authority, even in a democracy, is an unequal contest, with the advantage on the side of authority; for authority has power and power has the drop on freedom. This is why eternal vigilance is the price of liberty. Freedom has its dangers. There is no doubt about that. The risk is still …


Constitutional Law - Due Process - Judicial Review Of Jury Determination On Coerced Character Of Confession, James M. Potter S.Ed. Jan 1955

Constitutional Law - Due Process - Judicial Review Of Jury Determination On Coerced Character Of Confession, James M. Potter S.Ed.

Michigan Law Review

Petitioner, suspected of the murder of his parents, was subjected to intensive police interrogation culminating in a confession to a state-employed psychiatrist. Petitioner had been allowed only a small amount of sleep and was suffering from a sinus condition when he was introduced to the psychiatrist, who was represented as a general practitioner. The questioning of the psychiatrist, who was skilled in hypnosis, was a subtle blend of threats and promises of leniency. Within the next three and one-half hours petitioner also confessed to a police captain, a business associate, and two assistant state prosecutors. The confession to the psychiatrist …