Law Commons^™

Civil Rights And The Limits Of Law, Paul A. Freund

Buffalo Law Review

The James McCormick Mitchell Lecture delivered on November 9, 1964 under the auspices of the School of Law, State University of New York at Buffalo

Book Reviews, Ronan E. Degnan, Jerold Israel, Robert F. Drinan S.J.

Vanderbilt Law Review

Cases and Materials on Debtor and Creditor

By Vern Countryman

Boston: Little, Brown & Co., 1964. Pp. lxiii, 841. $12.50.

reviewer: Ronan E. Degnan

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The Supreme Court on Trial

By Charles S. Hyneman

New York: Atherton Press, 1963. Pp. IX, 308. $6.50.

reviewer: Jerold Israel

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Religion and American Constitutions (1963 Rosenthal Lectures)

By Wilbur G. Katz

Northwestern University Press 1964. Pp. 114. $3.50.

reviewer: Rev. Robert F. Drinan, S.J.

Desegregation Of The Schools: The Present Legal Situation, Jacob D. Hyman, Wade J. Newhouse Jr.

Buffalo Law Review

No abstract provided.

Abstracts Of Recent Cases, David Gail Hanlon

West Virginia Law Review

No abstract provided.

Constitutional Law—Racial Factor May Be Considered By School Board In Correcting Imbalance In New School District, Carmin R. Putrino

Buffalo Law Review

Balaban v. Rubin, 14 N.Y.2d 193, 199 N.E.2d 375, 250 N.Y.S.2d 281, cert. denied, 85 S.Ct 148 (1964).

Reapportionment: Revisionism Or Revolution?, William F. Swindler

Faculty Publications

No abstract provided.

The Work Of The West Virginia Commission On Constitutional Revision, Homer A. Holt

West Virginia Law Review

No abstract provided.

Reflections Upon Hegel's Concept Of Property, Contract, Punishment, And Constitutional Law, Morris D. Forkosch

Vanderbilt Law Review

Codification and re-codification in federal and state jurisdictions has proceeded in a geometrical progression these past decades. To what extent is the old law yielding or, au contraire, to what extent is the ancient law reappearing? For example, are Plato's views on crime and punishment being revived, continued, or changed?' Or,to what extent are Hegel's views in a certain few legal areas of present interest and value? As we shall see, an understanding of Hegel's juris-prudential views, as related to specific topics, is a present-day pragmatic necessity. We propose to seek these views, albeit briefly, in the fields of property, …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Consignment Agreements To Fix Retail Prices

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Constitutional Law--Fifth Amendment-Denial of Passport

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Constitutional Law--State Procedure To Determine The Voluntariness of a Confession

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Criminal Law--Statutory Rape-Good Faith, Reasonable Belief That Female Has Reached Age of Consent as a Defense

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Insurance--Validity of Policy Provision Permitting Insured To Choose Forum for Determination, of Disputes Under the Policy

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Labor Law-Closing of Plant Due to Unionization

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Labor Law--National Labor Relations Act--Strike by Minority of Union as Protected Concerted Activity When in Support of Union Position

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Labor Law--National Labor Relations Act--Union's Duty of Fair Representation Not Implicit in Section 7--Discrimination …

Court, Congress, And Reapportionment, Robert B. Mckay

Michigan Law Review

In the United States, governmental power is divided vertically between nation and states and horizontally, at the national level, among the executive, legislative, and judicial branches. The Constitution leaves the lines of demarcation deliberately imprecise. Thus, from the beginning it was easy to predict that among those holders of power there would be tension (at least), conflict (probably), or total collapse (a possibility). The miracle of the American governmental system, with just this complexity and lack of definition, is the fact of its survival. It is not at all surprising that there have been a number of crises, some of …

The Role Of A Trial Jury In Determining The Voluntariness Of A Confession, Michigan Law Review

Michigan Law Review

The Supreme Court of the United States has vigorously implemented the principle that criminal prosecution is an investigative, not an inquisitorial, process. Evidence of guilt must be obtained by methods free from physical or psychological coercion. Protections in the Bill of Rights against illegal search and seizure, self-incrimination, and trial without counsel have been extended to the states through the due process clause of the fourteenth amendment. Safeguards against the admissibility of coerced confessions into evidence have also been instituted. Because a confession practically determines the ultimate question of guilt, the critical standards for· admissibility are frequently challenged on appeal. …

Reapportionment In The Supreme Court And Congress: Constitutional Struggle For Fair Representation, Robert G. Dixon Jr.

Michigan Law Review

Fair representation is the ultimate goal. At the time of the Reapportionment Decisions, much change was overdue in some states, and at least some change was overdue in most states. We are a democratic people and our institutions presuppose according population a dominant role in formulas of representation. However, by its exclusive focus on bare numbers, the Court may have transformed one of the most intricate, fascinating, and elusive problems of democracy into a simple exercise of applying elementary arithmetic to census data. In so doing, the Court may have disabled itself from effectively considering the more subtle issues …

Some Comments On The Reapportionment Cases, Paul G. Kauper

Michigan Law Review

Any appraisal of the Supreme Court's decisions in the legislative reapportionment cases must necessarily distinguish between the basic policy ingredients and social consequences of the decisions on the one hand, and the question whether the results were reached by a proper exercise of judicial power on the other. Respecting the first of these considerations, I have no difficulty identifying the social advantages accruing from these decisions. Because of the stress on the population principle, the decisions will afford a greater voice to urban interests, will make the legislative process more responsive to current needs of particular concern to urban dwellers, …

Congressional Apportionment: The Unproductive Search For Standards And Remedies, Michigan Law Review

Michigan Law Review

The increasingly complex problems of elucidating congressional apportionment standards and granting appropriate relief when voting rights have been materially diluted were again brought to the fore in the recent districting decision of Calkins v. Hare. This federal district court decision is illustrative of the uncertainty caused by the Supreme Court's opinion in the landmark case of Wesberry v. Sanders. Although Wesberry resolved two previously contested issues by ruling that congressional apportionment disputes are susceptible of judicial determination and by setting a standard of population equality in delimiting districts, two associated questions were left unanswered. First, even though Wesberry …

The Powers Of The Michigan Civil Rights Commission, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Appointment Of Non-Lawyer Counsel In Courts-Martial Does Not Violate The Fifth Or Sixth Amendment--United States V. Culp, Michigan Law Review

Michigan Law Review

Defendant, a Marine Corps private, was charged with larceny, and naval officers who were not lawyers were appointed as trial and defense counsel. The accused pleaded guilty to six specifications of larceny, and, upon trial by a special court-martial, was given a bad conduct discharge from the service. The board of review, on its own motion, held the guilty plea improvident and stated that, under the sixth amendment, the accused was entitled to counsel qualified in the law unless he had intelligently waived this right. Upon certification by the Judge Advocate General of the Navy to the Court of Military …

The Powers Of The Michigan Civil Rights Commission, Roger C. Cramton

Michigan Law Review

The thesis of this article is that the Attorney General has misread the language and actions of the constitution-makers. The Michigan Civil Rights Commission is an important and powerful agency of government which has substantial tasks to perform. But it does not possess the exclusive powers envisioned by the Attorney General. Other governmental units-the legislature, the executive, the courts, and the local governments-may continue to play a creative and positive role in fashioning a legal order that accords to every human being in society a reasonable opportunity to realize his potentialities.

Public Control Of Private Sectarian Institutions Receiving Public Funds, Richard B. Rogers

Michigan Law Review

This comment will examine the recent judicial and legislative developments which could result in federal controls limiting religious practices in private sectarian educational and welfare institutions.

64/10/28 Appeal By John Terry Defendant-Appellant (Law & Fact), Lee E. Skeel

Eighth Judicial District of Ohio, Court of Appeals, Cuyahoga County

October 28, 1964 Motion by defendant appellant for stay of execution pending appeal granted. Motion for bail overruled.

64/10/19? Affidavit Of John W. Terry, John W. Terry

Eighth Judicial District of Ohio, Court of Appeals, Cuyahoga County

Affidavit stating John W. Terry doesn't have the money to defray a legal appeal on his behalf.

Religion And American Constitutions, By Wilber G. Katz, Arthur E. Sutherland

Indiana Law Journal

No abstract provided.

Washington's Loyalty Oath And "Guiltless Knowing Behavior", Arval A. Morris

Washington Law Review

In Baggett v. Bullitt, the Supreme Court of the United States ruled that professors at the University of Washington could not be required to execute two legislatively prescribed "loyalty" oaths. This high-court decision ended a nine-year battle carried on by the University's faculty. It marks a significant step forward in the achievement of constitutional protection for intellectual liberty everywhere. It is now questionable whether the act of swearing one's loyalty, as a condition of academic employment, an act utterly unrelated to academic competence, can constitutionally be required of a professor. Furthermore, the Court's opinion casts a cloud of doubt over …

The Federal Interest In Employment Discrimination: Herein The Constitutional Scope Of Executive Power To Withhold Appropriated Funds, Clarence Clyde Ferguson Jr.

Buffalo Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust Law--Violation of Section 7 of the Clayton Act by Joint Venture

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Civil Rights--Anti-discrimination Law as a Vehicle for a Private Civil Action

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Condemnation--Landowner Cannot Recover From Federal Government for Damages Caused Before Date of Taking Where Government Did Not Previously Contemplate, Condemning Property

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Constitutional Law--Loss of Nationality--Foreign Residency Statute Held Violative of Due Process

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Constitutional Law--Reapportionment--Both Houses of a State Legislature Must Be Based as Nearly as Is Practicable on Population

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Constitutional Law--Twenty-first Amendment--Scope of State Power Over Intoxicants Moving Within Its Borders

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Evidence--Statutory Presumptions--Reasonableness Is Implicit in Test of Rational Connection

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64/09/23 Illegal Search Ruling Is Due Today, Cleveland Plain Dealer

Newspaper Coverage

Reports that Cuyahoga County Common Pleas Court Judge Bernard Friedman is expected to rule today on whether two men charged with carrying concealed weapons were searched legally. Richard Chilton and John Terry's attorney, Louis Stokes, asked that the case be dismissed because the police search of the men violated their constitutional rights.

64/09/23 Judge Upholds Police In Seach-Seize Arrest, Cleveland Press

Newspaper Coverage

Cuyahoga County Common Pleas Judge Bernard Friedman overruled the challenge, led by defense attorney Louis Stokes, to Detective Martin McFadden's search of John W. Terry and Richard Chilton. Judge Friedman suggested his decision be appealed, saying that there is no law in Ohio covering this situation and three states have laws on this subject. I strongly suggest you take this ruling to the Appellate Court to make the law clear to citizens and policemen."

64/09/22 Judge Bernard Friedman's Opinion In State V. Chilton And State V. Terry, Bernard Friedman

Cuyahoga County Court of Common Pleas

In the Cuyahoga County Court of Common Pleas, Judge Bernard Friedman drew a distinction between "stop and frisk" and "search and seizure." This distinction was also recognized the U.S. Supreme Court in Terry v. Ohio.

Judge Friedman wrote in his opinion:

"A search is primarily for the purpose of trying to obtain evidence in connection with the commission of a crime, that the police officer may reasonably believe that a crime has been committed or might be committed.

A frisking is strictly for the protection of the officer's person and his life. There was reasonable cause in this case …

64/09/22 Defendant's Bill Of Exceptions - Part 3, John T. Corrigan, Louis Stokes, Reuben M. Payne

Cuyahoga County Court of Common Pleas

Part three of Defendant's Bill of Exceptions for State of Ohio v. John W. Terry and State of Ohio v. Richard D. Chilton. Appearances: John T. Corrigan and Reuben Payne for the State of Ohio and Louis Stokes for the Defendants.

64/09/22 Defendant's Bill Of Exceptions - Part 1, John T. Corrigan, Louis Stokes, Reuben M. Payne

Cuyahoga County Court of Common Pleas

Defendant's Bill of Exceptions for State of Ohio v. John W. Terry and State of Ohio v. Richard D. Chilton. Appearances: John T. Corrigan and Reuben Payne for the State of Ohio and Louis Stokes for the Defendants.

64/09/22 Defendant's Bill Of Exceptions - Part 2, John T. Corrigan, Louis Stokes, Reuben M. Payne

Cuyahoga County Court of Common Pleas

Part two of Defendant's Bill of Exceptions for State of Ohio v. John W. Terry and State of Ohio v. Richard D. Chilton. Appearances: John T. Corrigan and Reuben Payne for the State of Ohio and Louis Stokes for the Defendants.