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Journal

1958

Discipline
Institution
Keyword
Publication

Articles 1 - 14 of 14

Full-Text Articles in Legal History

Constitutional Law - Right To Jury Trial In Indirect Criminal Contempts In Federal Courts, Denis T. Rice S.Ed. Dec 1958

Constitutional Law - Right To Jury Trial In Indirect Criminal Contempts In Federal Courts, Denis T. Rice S.Ed.

Michigan Law Review

Should constitutional provisions for jury trial apply to contempts committed outside the physical presence of a federal court? The United States Supreme Court, in the recent case of Green v. United States, reviewed this long disputed question. The case involved two Communist Party leaders who had been convicted of Smith Act violations and then had "jumped bail" when they disappeared in violation of surrender orders requiring their presence in court for sentencing. After four and a half years as fugitives they surrendered in 1956 and were charged with criminal contempt of court. Following a so-called "summary" hearing (without the …


Criminal Procedure On The American Frontier: A Study Of The Statutes And Court Records Of Michigan Territory 1805-1825, William Wirt Blume Dec 1958

Criminal Procedure On The American Frontier: A Study Of The Statutes And Court Records Of Michigan Territory 1805-1825, William Wirt Blume

Michigan Law Review

The area north and east of Lake Michigan, organized in 1805 as Michigan Territory, was first organized in 1796 as Wayne County of the Northwest Territory. In 1800 the western half of the county, and in 1803 the eastern half, became parts of Indiana Territory, and so remained until July 1805. In 1818 Michigan Territory was expanded westward so as to include all of the area north of Illinois to the Mississippi River.


The Supreme Court: Constitutional Revolution In Retrospect, By Bernard Schwartz, Irving Dilliard Oct 1958

The Supreme Court: Constitutional Revolution In Retrospect, By Bernard Schwartz, Irving Dilliard

Indiana Law Journal

No abstract provided.


Torts In English And American Conflict Of Laws: The Role Of The Forum, S. I. Shuman, S. Prevezer May 1958

Torts In English And American Conflict Of Laws: The Role Of The Forum, S. I. Shuman, S. Prevezer

Michigan Law Review

''Private international law owes its existence to the fact that there are in the world a number of separate territorial systems of law that differ greatly from each other in the rules by which they regulate the various legal relations arising in daily life." Where the systems are those of member states of a federal union, there should be less difference in their laws than where they are those of sovereign nations divided by strong cultural, social and political barriers. Interstate conflicts and international conflicts are likely to give rise to somewhat different considerations and rules, and it is surely …


Constitutional Law - Citizenship - Power Of Congress To Effect Involuntary Expatriation, Robert J. Hoerner S.Ed. May 1958

Constitutional Law - Citizenship - Power Of Congress To Effect Involuntary Expatriation, Robert J. Hoerner S.Ed.

Michigan Law Review

In four recent cases the United States Supreme Court has dealt with the power of Congress to effect the denationalization of native-born citizens without their consent. Three cases, Perez v. Brownell, Trop v. Dulles, and Mendoza-Martinez v. Mackey dealt with the constitutionality of sections 401(e), 401(g) and 401(j), respectively, of the Nationality Act of 1940. The fourth case, Nishikawa v. Dulles dealt only with the burden of proof when duress is alleged under section 401(c), but contained one opinion of constitutional significance. The purpose of this comment is to analyze and evaluate these decisions.


The Background Of The Fifth Amendment In English Law: A Study Of Its Historical Implications, John A. Kemp Apr 1958

The Background Of The Fifth Amendment In English Law: A Study Of Its Historical Implications, John A. Kemp

William & Mary Law Review

No abstract provided.


Obscenity And Social Statics, David C. Rittenhouse Apr 1958

Obscenity And Social Statics, David C. Rittenhouse

William & Mary Law Review

No abstract provided.


Equal Justice For All - Myth Or Motto?, John R. Batt Apr 1958

Equal Justice For All - Myth Or Motto?, John R. Batt

William & Mary Law Review

No abstract provided.


Should The Rule Against Perpetuities Discard Its Vest?, Daniel M. Schuyler Apr 1958

Should The Rule Against Perpetuities Discard Its Vest?, Daniel M. Schuyler

Michigan Law Review

From what has preceded it is apparent that none of those who would reform the rule against perpetuities, excepting Professor Simes, has suggested that the rule's application to remoteness of vesting alone requires investigation. Yet there is little doubt that this aspect of the rule has caused as much if not more litigation than those which have been so harshly condemned. Proof of this assertion will not be undertaken, for every property lawyer knows how frequently courts are called upon to determine whether for purposes of the rule an interest is "vested" or "contingent." Professor Simes put it well when …


The Lawyers' Function Today, Nathaniel R. Howard Jan 1958

The Lawyers' Function Today, Nathaniel R. Howard

Cleveland State Law Review

This is the substance of the graduation address delivered by the writer at the June 1958 Commencement of Cleveland-Marshall Law School. If today's students of the law had engaged in their same study 600 years ago, the law then taught to them and believed by them would have included some principles, precedents, decrees, and even primary statutes which they have embraced in the year of Our Lord 1958.


Every Day Is Law Day, Lee E. Skeel Jan 1958

Every Day Is Law Day, Lee E. Skeel

Cleveland State Law Review

President Eisenhower proclaimed May 1st of this year as "Law Day," and the day was formally observed throughout the nation. Gratifying as that was, it is hardly enough, in this or any other era, for self-satisfaction about American appreciation of our heritage of liberty under law. More important than appreciation of this priceless heritage is appreciation of the stern duty that goes along with it. Unless we daily earn this prize, we daily lose some of it. Its real strength is the revitalizing effort we add to it in our daily lives. There soon would be no precious "liberty under …


Anglo-American Legal History, Joseph A. Cox Jan 1958

Anglo-American Legal History, Joseph A. Cox

Cleveland State Law Review

In this swiftly moving age, with its revolutionary advances in so many diverse fields of activity, it is well to pause and reflect upon the Role of the Law in American life. Unfortunately, in our pre-occupation with daily chores, we miss the trees for the forest, for to a large extent the Lawyer's time is taken up with private interests which, while important to the individual, do not touch the great and vital issues affecting the community. Yet no Lawyer can have any real pride in his profession unless he has the capacity for interpreting to himself and to his …


Harlan's Formative Period: The Years Before The War, David G. Farrelly Jan 1958

Harlan's Formative Period: The Years Before The War, David G. Farrelly

Kentucky Law Journal

No abstract provided.


Radzinowicz: A History Of English Criminal Law And Its Administration From 1750. Vols. 2 And 3., Jerome H. Hall Jan 1958

Radzinowicz: A History Of English Criminal Law And Its Administration From 1750. Vols. 2 And 3., Jerome H. Hall

Michigan Law Review

A Review of A History of English Criminal Law and Its Administration From 1750. Vols. 2 and 3. By Leon Radzinowicz