Open Access. Powered by Scholars. Published by Universities.®

Fourteenth Amendment Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 7 of 7

Full-Text Articles in Fourteenth Amendment

Legislation - Requirement Of Definiteness In Statutory Standards, Robert B. Krueger S.Ed. Dec 1954

Legislation - Requirement Of Definiteness In Statutory Standards, Robert B. Krueger S.Ed.

Michigan Law Review

While it is universally recognized that definiteness in statutory standards is a condition prerequisite to the application of a statute, there is no agreement among either the courts or the writers as to the theory behind this requirement. However, common elements in each of the two prevalent theories indicate certain factors which may well be decisive on the question of definiteness in any given case. The purpose of this comment is to explore the practical implications of the interplay of these various factors and theories.


Released Time And Religious Liberty: A Further Reply, Paul G. Kauper Dec 1954

Released Time And Religious Liberty: A Further Reply, Paul G. Kauper

Michigan Law Review

In his "Reply" to the writer's review of his excellent book, Mr. Pfeffer has singled out the part of the review in which the writer discussed the released-time problem and the position taken by Mr. Pfeffer with respect thereto. To prolong the arguments over this matter in the pages of this Review would he unprofitable, hut the writer feels that a few comments on Mr. Pfeffer's reply would not he out of order.


Constitutional Law - Due Process - Enforced Collection Of State Use Tax From Nonresident Vendor, John Leddy S.Ed. Nov 1954

Constitutional Law - Due Process - Enforced Collection Of State Use Tax From Nonresident Vendor, John Leddy S.Ed.

Michigan Law Review

Appellant is a Delaware corporation engaging in the retail furniture business in Delaware. It has no place of business in Maryland, nor does it solicit orders in that state. It does not accept mail or phone orders from Maryland, nor does it advertise in any Maryland publications. The only contacts which the appellant has with Maryland customers, aside from direct dealings at appellant's retail store, are occasional direct mail advertisements, which it sends to all of its customers wherever located, and deliveries of goods purchased by Maryland customers. These deliveries are either made by commercial carrier or by appellant's own …


Constitutional Law - Censorship Of Obscence Literature, Donald M. Wilkinson, Jr. S.Ed. Feb 1954

Constitutional Law - Censorship Of Obscence Literature, Donald M. Wilkinson, Jr. S.Ed.

Michigan Law Review

The right to a free expression of ideas, without interference from governmental authorities, is inherent in the very nature of a democracy. On the other hand, it is also clear that the greater interests of the state at large will conflict with certain forms of expression, and in such circumstances obviously the former must prevail. It is the purpose of this comment to discuss the constitutional limitations on the governmental suppression of literature on grounds of obscenity.


Constitutional Law - Civil Rights - Right Of Negro To Vote In State Primary Elections, John C. Hall S.Ed. Feb 1954

Constitutional Law - Civil Rights - Right Of Negro To Vote In State Primary Elections, John C. Hall S.Ed.

Michigan Law Review

The Jaybird Democratic Association was formed in Fort Bend County, Texas, in 1889. Membership was open to all white voters in the county. The association was not governed by the state statute regulating political parties. Candidates nominated by the Jaybird Party entered the Democratic county primary as individuals, not as Jaybird candidates, but those candidates won both the Democratic primary and the general election with only one exception in the entire history of the Jaybird Party. Terry, a Negro, sought a declaratory judgment and injunction permitting Negroes to vote in the Jaybird primary. The federal district court ruled that the …


Constitutional Law - Due Process - Freedom Of Expression - Motion Picture Censorship, Constantine D. Kasson S.Ed. Feb 1954

Constitutional Law - Due Process - Freedom Of Expression - Motion Picture Censorship, Constantine D. Kasson S.Ed.

Michigan Law Review

The New York Court of Appeals upheld the denial of a license to exhibit the French motion picture "La Ronde'' upon the grounds that it was "immoral'' and "would tend to corrupt morals." Censorship of the picture, which dealt with promiscuous sex relations, was held to be a proper exercise of the police power, since its exhibition would present a clear and present danger to the morals of the community, and the words "immoral" and "tend to corrupt morals" were held sufficiently definite for purposes of due process. In another censorship case, the Supreme Court of Ohio affirmed the rejection …


Constitutional Law - Due Process - Coerced Confessions And The Stein Case, Marvin O. Young S.Ed. Jan 1954

Constitutional Law - Due Process - Coerced Confessions And The Stein Case, Marvin O. Young S.Ed.

Michigan Law Review

Stein v. People of State of New York, a coerced confession case decided by the Supreme Court last June, at first suggests some rather startling propositions about the effect of a denial of procedural due process. Since Brown v. Mississippi in 1936 it has been well settled that the admission of a coerced confession into evidence in a state criminal proceeding contravenes the due process guaranty of the Fourteenth Amendment. In the confession cases subsequently considered by the Supreme Court it has been consistently held that the admission of an extorted confession vitiates the entire proceeding and renders the …