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Articles 1 - 14 of 14
Full-Text Articles in Law
Constitutional Law - Due Process -Watkins V. United States As A Limitation On Power Of Congressional Investigating Committees, Allan F. Bioff S. Ed.
Constitutional Law - Due Process -Watkins V. United States As A Limitation On Power Of Congressional Investigating Committees, Allan F. Bioff S. Ed.
Michigan Law Review
It is the purpose of this comment to examine the nature and extent of the restraints imposed by the Watkins case as well as the potential problems raised by the decision.
Konefsky: The Legacy Of Holmes And Brandeis, Ernest J. Brown
Konefsky: The Legacy Of Holmes And Brandeis, Ernest J. Brown
Michigan Law Review
A Review of The Legacy of Holmes and Brandeis . By Samuel J. Konefsky.
Constitutional Law - Due Process - Limits On Investigative Power Of State Legislative Committees, George E. Lohr
Constitutional Law - Due Process - Limits On Investigative Power Of State Legislative Committees, George E. Lohr
Michigan Law Review
Defendant appeared before the New Hampshire attorney general, who was authorized by statute to investigate violations of the state subversive activities law and to determine if subversive persons, as defined therein, were present within the state. Defendant refused to answer certain questions about the contents of a university class lecture delivered by him and about his knowledge of other persons' activities in the Progressive Party, contending that such questions infringed an area protected by the First Amendment. The state superior court conceded the infringement of defendant's rights, but found this to be justified by state interest in self-protection, and convicted …
Full Faith And Credit To Judgments And Public Acts, Kurt H. Nadelmann
Full Faith And Credit To Judgments And Public Acts, Kurt H. Nadelmann
Michigan Law Review
Interest here is concentrated on full faith and credit for public acts. But what led to insertion of the command respecting public acts cannot be divorced historically from the study of the command of full faith for judgments. The whole field, therefore, has been included in the reexamination. Clarifications obtainable on the "judgments" side, it will be seen, help also on the "public acts" side. On both sides there are historical facts which deserve greater attention than has been hitherto given, and if, as a result, some of the myths surrounding the' Lawyers Clause are exploded, the rethinking may have …
Constitutional Law - Certiorari - Integrity Of The Rule Of Four, Robert L. Knauss S.Ed.
Constitutional Law - Certiorari - Integrity Of The Rule Of Four, Robert L. Knauss S.Ed.
Michigan Law Review
In four recent cases involving the Federal Employers Liability Act the Supreme Court of the United States, after granting certiorari, reviewed the facts of the cases to determine if there was sufficient evidence to allow the cases to be heard by a jury. Justice Frankfurter in a lengthy dissenting opinion refused to hear these cases on their merits. He would have dismissed them on the ground that certiorari was improvidently granted, although no new evidence warranted this conclusion. Justice Frankfurter maintained that any justice has a right to refuse to hear a case after certiorari has been granted, and that …
Constitutional Law - Due Process - Jurisdiction Of A State Court Over A Foreign Corporation, Robert L. Knauss S.Ed.
Constitutional Law - Due Process - Jurisdiction Of A State Court Over A Foreign Corporation, Robert L. Knauss S.Ed.
Michigan Law Review
Peninsular Gas Company, a Michigan corporation, brought an action in Missouri against the plaintiff for breach of contract. A judgment was returned for plaintiff, and plaintiff immediately filed suit for malicious prosecution and served process on the president of the corporation who was in Missouri for the prior trial. On a motion to quash, held, sustained. Under the due process clause of the United States Constitution, the court had no right to assume jurisdiction. Defendant corporation was not doing business in Missouri, for bringing a prior lawsuit was a single isolated act and was not a part of its …
Patents - The Changing Standard Of Patentable Invention: Confusion Compounded, John M. Webb S.Ed.
Patents - The Changing Standard Of Patentable Invention: Confusion Compounded, John M. Webb S.Ed.
Michigan Law Review
In Lyon v. Bausch and Lomb Optical Co., Judge Learned Hand carefully analyzed the problem and took the position that Congress intended to modify the standard then applied by the Supreme Court and revive that used twenty-five years ago. He stated that under recent Supreme Court decisions he would be compelled to find the patent invalid, but upheld it on the basis of his interpretation of the new statute. This comment is directed not only to Judge Hand's interpretation, but also to the effect that his decision has had, and may be expected to have in the future, both …
Regulation Of Business-Civil Actions Under Section 3 Of The Robinson-Patman Act, Richard E. Day S.Ed.
Regulation Of Business-Civil Actions Under Section 3 Of The Robinson-Patman Act, Richard E. Day S.Ed.
Michigan Law Review
In Nashville Milk Co. v. Carnation Co. plaintiff sought to recover treble damages and asked injunctive relief, claiming defendant had sold filled milk at unreasonably low prices for the purpose of destroying competition by plaintiff in its sale of a like product in violation of section 3 of the Robinson-Patman Act. In affirming an order dismissing the complaint, the Court of Appeals for the Seventh Circuit held that a private action may not be maintained for a violation of section 3 of the Robinson-Patman Act. That very same week, the Court of Appeals for the Tenth Circuit reached a contrary …
Constitutional Law - State Action - Effect Of State Court Interpretation Of A Contract, Dudley H. Chapman
Constitutional Law - State Action - Effect Of State Court Interpretation Of A Contract, Dudley H. Chapman
Michigan Law Review
Mrs. Doris Walker, president of her local union, was discharged by Cutter Laboratories in 1949 because of membership in the Communist Party and falsification of her employment application. The employer acquired knowledge of these facts in 1947, but did not act at that time to avoid charges of persecuting a union officer. The union, pursuant to the collective bargaining agreement, which authorized discharge for "just cause" only, sought and obtained reinstatement from the arbitration board, which action was affirmed by the district court of appeal, but reversed by the California Supreme Court. On certiorari to the United States Supreme Court, …
Dunham And Kurland: Mr. Justice, William G. Rice
Dunham And Kurland: Mr. Justice, William G. Rice
Michigan Law Review
A Review of Mr. Justice. Edited by A.llison Dunham and Philip B. Kurland.
Compulsory Joinder Of Parties In Civil Actions, John W. Reed
Compulsory Joinder Of Parties In Civil Actions, John W. Reed
Michigan Law Review
Compulsory joinder cases involving interests in land display one peculiar and important characteristic: there is almost never any need in the state courts to wrestle with the question of whether a person is indispensable as distinguished from necessary. One hastens to add that this attribute of land cases appears to have gone largely unnoticed, but it exists none the less. It arises out of the fact that in a suit involving real property it is never impossible for the court to obtain jurisdiction over all persons interested therein to an extent which will enable the court to adjudicate controversies over …
Compelling The Testimony Of Political Deviants, O. John Rogge
Compelling The Testimony Of Political Deviants, O. John Rogge
Michigan Law Review
Besides the two specific problems which the new federal act presents, namely, whether it imposes nonjudicial functions on federal courts, and whether it should, does and can protect against the substantial danger of state prosecution, there is a general objection that one can raise against it, and to other acts of the same type: they relate to the area of belief and opinion, the very area which was involved when the English people, spearheaded by the Puritans, engaged in the struggle with the Crown that finally resulted in the establishment of a right of silence. At least if we are …
Legislation - Federal Criminal Procedure - Modification Of Jencks Decision, Raymond J. Dittrich, Jr. S.Ed.
Legislation - Federal Criminal Procedure - Modification Of Jencks Decision, Raymond J. Dittrich, Jr. S.Ed.
Michigan Law Review
Defendant was convicted of a violation of 18 U.S.C. §1001. During the trial, the court denied defendant's motion to order the government to produce for defendant's inspection reports submitted by government witnesses to government agents. The reports dealt with the same subject about which these witnesses later testified. The court of appeals affirmed the decision. On certiorari to the United States Supreme Court, held, reversed, one justice dissenting. The government has a privilege to refuse to surrender statements made by its prospective witnesses, but it may claim the privilege only at the expense of a dismissal of its case …
Constitutional Law - Post-Conviction Due Process - Right Of Indigent To Review Of Non-Constitutional Trial Errors, Robert C. Casad S.Ed.
Constitutional Law - Post-Conviction Due Process - Right Of Indigent To Review Of Non-Constitutional Trial Errors, Robert C. Casad S.Ed.
Michigan Law Review
The purpose of this comment is to examine a new development. in post-conviction due process: Griffin v. Illinois. This case announces a new principle of constitutional right under the Fourteenth Amendment based on an almost indistinguishable combination of due process and equal protection elements.