Law Commons^™

Voice Identification, Writing Exemplars And The Privilege Against Self-Incrimination, Russell J. Weintraub

Vanderbilt Law Review

The problems involved in defining the nature of the privilege against self-incrimination and in setting its limits have been much mooted in recent years. Though these problems have been brought into sharp focus by the present very urgent and certainly justified concern for our national security, they are problems which are inherent in the privilege itself. They have been with us for a long time.

One of these problems concerns the extent to which a person may refuse to participate in criminal proceedings brought against him. Doubtless not even the most liberal proponent of the privilege would claim that an …

The Utopian Pilgrimage Of Mr. Justice Murphy, John P. Roche

Vanderbilt Law Review

On July 19, 1949, Frank Murphy, Associate Justice of the Supreme Court of the United States died in Detroit. The liberal press mourned the passing of a mighty warrior for civil liberty. Other journals observed the protocol of the occasion by politely deploring his death, the University of Michigan Law School prepared a memorial issue of the Michigan Law Review' in honor of its distinguished alumnus, a few encomiums appeared in the law journals, then silence set in. A silence which has been broken only by occasional slighting references to Murphy's talents, and by a word-of-mouth tradition in law school …

Judge Hand's Views On The Free Speech Problem, Robert S. Lancaster

Vanderbilt Law Review

Judge Learned Hand has been for many years a lawyer's lawyer. His opinions are liberally sprinkled through the case books; commentaries on legal matters cite his opinions with increasing respect and admiration; but to many people he is the judge who upheld the conviction of the eleven communists in New York on a question involving the limits of free speech. Scholars of parts and even some lawyers do not know that he anticipated the Supreme Court's "clear and present danger" test by two years, or that his contribution to the law of free speech is by no means confined to …

Mr. Justice Frankfurter -- Law And Choice, Wallace Mendelson

Vanderbilt Law Review

In an opinion that seems destined to live as long as the ideals of democracy survive, Justices Holmes and Brandeis rejected their colleagues' narrow conception of free speech, yet concurred in the judgment affirming conviction. Though the accused had claimed protection under the appropriate constitutional provision, she had failed at the trial level to raise the "clear and present danger" issue. Raising it in the Supreme Court was futile, thought Holmes and Brandeis, because "Our power of review in this case is limited not only to the question whether a right guaranteed by the Federal Constitution was denied [in the …