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Full-Text Articles in Law

Judgments--Criteria Of Finality Of State Court Decrees For The Purpose Of Federal Review, John M. Veale S.Ed. Nov 1947

Judgments--Criteria Of Finality Of State Court Decrees For The Purpose Of Federal Review, John M. Veale S.Ed.

Michigan Law Review

At the suit of the plaintiff, an incorporated religious organization, a permanent injunction issued from a lower state court enjoining the enforcement of certain ordinances of the defendant City of Los Angeles on the ground that they violated the plaintiff's religious liberty under the Constitutions of California and the United States. The case was appealed to the Supreme Court of California which sustained the ordinances as Constitutional and entered a judgment which provided " . . . the Judgment . . . in the above cause . . . is hereby reversed." On plaintiff's appeal, defendant questioned the jurisdiction of …


Constitutional Law-Establishment Of Religion, Due Process, And Equal Protection-Public Aid To Parochial Schools, P. F. Westbrook, Jr. S.Ed. Jun 1947

Constitutional Law-Establishment Of Religion, Due Process, And Equal Protection-Public Aid To Parochial Schools, P. F. Westbrook, Jr. S.Ed.

Michigan Law Review

It is the purpose of this comment to examine the validity of conclusions reached on the facts of the Everson case. But what was said in the majority opinion and in the two dissenting opinions in the Everson case may also forecast developments in the future. Consequently, there will be occasion to comment upon the broader implications of the decision. First, however, it will be helpful to trace the development of the case law dealing with state and federal constitutional provisions bearing on public aid to parochial schools.


Criminal Law-Prosecution Of Mormon "Fundamentalists'' Under The Mann Act-Doctrine Of Caminetti V. United States, John A. Huston S.Ed. Apr 1947

Criminal Law-Prosecution Of Mormon "Fundamentalists'' Under The Mann Act-Doctrine Of Caminetti V. United States, John A. Huston S.Ed.

Michigan Law Review

Petitioners, Mormon "Fundamentalists," transported one or more plural wives in interstate commerce. They were convicted in the district court on the authority of Caminetti v. United States for violation of the Mann Act which prohibits the transportation of women or girls in commerce "for the purpose of prostitution or debauchery, or for any other immoral purpose." The circuit court affirmed and the United States Supreme Court granted certiorari. Held, affirmed. The phrase "or for any other immoral purpose" was properly interpreted in Caminetti v. United States to extend the prohibition of the act to cases where the ·transportation was …


Sunday Laws-Illegality Of Sunday Contracts, Robert O. Hancox S.Ed. Mar 1947

Sunday Laws-Illegality Of Sunday Contracts, Robert O. Hancox S.Ed.

Michigan Law Review

The concept of the Sabbath, the setting apart of one day in seven as a day of rest, was derived from the Mosaic code, the Fourth Commandment directs abstention from labor on the seventh day of the week, and although there is nothing in the New Testament relating to Sunday, the Christian world adopted the first day of the week as a day of rest. Constantine, by an edict in 321 A.D., ordered the suspension on Sunday of all business in the courts of law, except the manumission of slaves, and all other- business except agricultural labor.


Excusing Of Public School Pupils For Religious Instruction, Thomas F. Broden Jan 1947

Excusing Of Public School Pupils For Religious Instruction, Thomas F. Broden

Journal Articles

The separation of Church and State, according to the precepts of the American form of constitutional government, imposes no duty on the public school system to erect a barrier of hostility and antagonism against religion or the churches. Accordingly, a regulation of the Board of Education excusing the weekly absences of pupils for the purpose of receiving religious instruction does not, it was held in People ex rel. Latimer et al. v. Board of Education of City of Chicago, do violence to the compulsory attendance law and is a reasonable rule for the practical administration of the public schools.