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Constitutional Law-Protection Of Civil Liberties-Federal Criminal Prosecution Of State Police Officers-Constitutionality And Construction Of Section 20 Of Criminal Code, George Brody Apr 1946

Constitutional Law-Protection Of Civil Liberties-Federal Criminal Prosecution Of State Police Officers-Constitutionality And Construction Of Section 20 Of Criminal Code, George Brody

Michigan Law Review

In United States v. Classic the Civil Liberties Unit of the Department of Justice resurrected the long dormant section 20 of the United States criminal code to prosecute successfully election officials in Louisiana for altering and falsely counting ballots cast in a Louisiana primary for representatives to Congress. Although the acts of the defendants were also in violation of state law the court asserted that "misuse of power possessed by virtue of state law and made possible only because the wrongdoer is clothed with authority of state law, is action taken under color of state law" and therefore within the …


Labor Unions-Closed Shop And Arbitrarily Closed Or Partially Closed Union-Injunction, John S. Dobson Feb 1946

Labor Unions-Closed Shop And Arbitrarily Closed Or Partially Closed Union-Injunction, John S. Dobson

Michigan Law Review

The defendants appealed from an order of the lower court awarding a preliminary injunction which restrained the defendants from discharging or causing the discharge of the plaintiff and other Negro employees because they were not members of a labor union with which their employer has a closed shop agreement, but which will not grant Negroes full membership privileges. The defendants were: the plaintiff's employer; the International Brotherhood of Boilermakers, Iron Shipbuilders and Helpers of America which is a labor union; and certain officials of the aforementioned union. There was a written contract between the employer and the International Brotherhood containing …