Digital Commons Network^™

Constitutional Law—Racial Factor May Be Considered By School Board In Correcting Imbalance In New School District, Carmin R. Putrino

Buffalo Law Review

Balaban v. Rubin, 14 N.Y.2d 193, 199 N.E.2d 375, 250 N.Y.S.2d 281, cert. denied, 85 S.Ct 148 (1964).

Reapportionment In The Supreme Court And Congress: Constitutional Struggle For Fair Representation, Robert G. Dixon Jr.

Michigan Law Review

Fair representation is the ultimate goal. At the time of the Reapportionment Decisions, much change was overdue in some states, and at least some change was overdue in most states. We are a democratic people and our institutions presuppose according population a dominant role in formulas of representation. However, by its exclusive focus on bare numbers, the Court may have transformed one of the most intricate, fascinating, and elusive problems of democracy into a simple exercise of applying elementary arithmetic to census data. In so doing, the Court may have disabled itself from effectively considering the more subtle issues …

Congressional Apportionment: The Unproductive Search For Standards And Remedies, Michigan Law Review

Michigan Law Review

The increasingly complex problems of elucidating congressional apportionment standards and granting appropriate relief when voting rights have been materially diluted were again brought to the fore in the recent districting decision of Calkins v. Hare. This federal district court decision is illustrative of the uncertainty caused by the Supreme Court's opinion in the landmark case of Wesberry v. Sanders. Although Wesberry resolved two previously contested issues by ruling that congressional apportionment disputes are susceptible of judicial determination and by setting a standard of population equality in delimiting districts, two associated questions were left unanswered. First, even though Wesberry …

The Powers Of The Michigan Civil Rights Commission, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

The Powers Of The Michigan Civil Rights Commission, Roger C. Cramton

Michigan Law Review

The thesis of this article is that the Attorney General has misread the language and actions of the constitution-makers. The Michigan Civil Rights Commission is an important and powerful agency of government which has substantial tasks to perform. But it does not possess the exclusive powers envisioned by the Attorney General. Other governmental units-the legislature, the executive, the courts, and the local governments-may continue to play a creative and positive role in fashioning a legal order that accords to every human being in society a reasonable opportunity to realize his potentialities.

Appointment Of Non-Lawyer Counsel In Courts-Martial Does Not Violate The Fifth Or Sixth Amendment--United States V. Culp, Michigan Law Review

Michigan Law Review

Defendant, a Marine Corps private, was charged with larceny, and naval officers who were not lawyers were appointed as trial and defense counsel. The accused pleaded guilty to six specifications of larceny, and, upon trial by a special court-martial, was given a bad conduct discharge from the service. The board of review, on its own motion, held the guilty plea improvident and stated that, under the sixth amendment, the accused was entitled to counsel qualified in the law unless he had intelligently waived this right. Upon certification by the Judge Advocate General of the Navy to the Court of Military …

Religion And American Constitutions, By Wilber G. Katz, Arthur E. Sutherland

Indiana Law Journal

No abstract provided.

64/09/22 Defendant's Bill Of Exceptions - Part 4, John T. Corrigan, Louis Stokes, Reuben M. Payne

Cuyahoga County Court of Common Pleas

Part four of Defendant's Bill of Exceptions for State of Ohio v. John W. Terry and State of Ohio v. Richard D. Chilton. Appearances: John T. Corrigan and Reuben Payne for the State of Ohio and Louis Stokes for the Defendants.

64/09/22 Defendant's Bill Of Exceptions - Part 2, John T. Corrigan, Louis Stokes, Reuben M. Payne

Cuyahoga County Court of Common Pleas

Part two of Defendant's Bill of Exceptions for State of Ohio v. John W. Terry and State of Ohio v. Richard D. Chilton. Appearances: John T. Corrigan and Reuben Payne for the State of Ohio and Louis Stokes for the Defendants.

64/09/22 Defendant's Bill Of Exceptions - Part 1, John T. Corrigan, Louis Stokes, Reuben M. Payne

Cuyahoga County Court of Common Pleas

Defendant's Bill of Exceptions for State of Ohio v. John W. Terry and State of Ohio v. Richard D. Chilton. Appearances: John T. Corrigan and Reuben Payne for the State of Ohio and Louis Stokes for the Defendants.

64/09/22 Defendant's Bill Of Exceptions - Part 3, John T. Corrigan, Louis Stokes, Reuben M. Payne

Cuyahoga County Court of Common Pleas

Part three of Defendant's Bill of Exceptions for State of Ohio v. John W. Terry and State of Ohio v. Richard D. Chilton. Appearances: John T. Corrigan and Reuben Payne for the State of Ohio and Louis Stokes for the Defendants.

Executive And Judicial Banishment Compared

Washington and Lee Law Review

No abstract provided.

Beth Hananya V. Freidman, Zvi Berinson, Eliyahu Manny, Shimon Agranat

Translated Opinions

At a general meeting of the appellant society a resolution was adopted amending a certain provision of its constitution. The respondents, members of the society, sought a declaration that the resolution was void because wives of members had voted thereon although not formally members themselves. The appellant pleaded that the wives had been duly admitted to membership, that it was customary, as throughout the settlement movement, for wives to become members and that the respondents were estopped from denying such membership. The District Court granted the declaration claimed.

Held, granting the appeal, that whilst normally a person did not become …

Book Reviews, Robert G. Dixon Jr., Russell J. Weintraub, Henry G. Manne, Micheal H. Cardozo, Clarence J. Morrow, W. Paul Gormley, Carl E. B. Mckenry Jr.

Journal of Legal Education

No abstract provided.

Shmuel V. Attorney General, Moshe Landau, Alfred Witkon, Zvi Berinson, Shimon Agranat, Haim Herman Cohn

Translated Opinions

The Attorney-General applied for an order against the applicants to remove their children from a Christian missionary school where they had placed them and to arrange for the children's education in a Jewish school. In those proceedings in the Tel Aviv District Court, the applicants requested that the sitting judge should disqualify himself because he was an orthodox Jew and people might gain the impression that he would therefore not deal with the matter impartially. The judge refused to do so and the applicants moved the Supreme Court to have the hearings transferred to another judge of the Tel Aviv …

State Action, State Law, And The Private Hospital, Mary Mandana Long

Michigan Law Review

On March 2, 1964, the United States Supreme Court denied a petition to review by certiorari the decision in Simkins v. Moses H. Cone Memorial Hosp. By declining to review the case the Supreme Court left unaffected the holding of the Court of Appeals for the Fourth Circuit that two private hospitals which had participated in the Hill-Burton program of federal hospital assistance were sufficiently involved with governmental action, both state and federal, to bring their conduct within the fifth and fourteenth amendment prohibitions against racial discrimination. This decision will probably affect all of the 3,346 private, non-profit hospitals in …

Constitutional Law-Federal Criminal Procedure-Right To Counsel Under Section 2255 Of The Judicial Code, Gerald J. Laba

Michigan Law Review

Petitioner, seeking to attack a conviction for illegal possession of narcotics, was granted leave to sue in form a pauperis under 28 U.S.C. section 2255, but his request that counsel be appointed for him was denied. Petitioner's section 2255 motion to vacate judgment was denied. Petitioner then entered a second section 2255 petition alleging basically the same errors but adding that the court had erred in not appointing counsel for his first petition. The second motion was denied without a hearing on the ground that it was "the second or successive motion for similar relief .... " Petitioner appealed in …

Constitutional Law-Search And Seizure-Retrospective Application Of Mapp V. Ohio, Timothy D. Wittlinger

Michigan Law Review

On February 15, 1960, the Louisiana Supreme Court affirmed petitioner's conviction for simple burglary. The conviction was obtained through the use of evidence unlawfully seized from petitioner in violation of the fourth amendment of the United States Constitution. In December 1961 the District Court for the Parish of West Feliciana denied petitioner's writ of habeas corpus filed after the Supreme Court decision of Mapp v. Ohio, which forbade introduction at state trials of evidence seized by state officers in violation of the fourth amendment. The denial of the writ was affirmed by the Louisiana Supreme Court, and certiorari was …

Abstracts Of Recent Cases, Ward Day Stone Jr.

West Virginia Law Review

No abstract provided.

Freedom Of Speech And Press In America, By Edward G. Hudson, Ralph F. Fuchs

Indiana Law Journal

No abstract provided.

The Constitutional Intent Concerning Matters Of Church And State, Allen C. Brownfeld

William & Mary Law Review

No abstract provided.

Recent Case Comments, Law Review Staff

Vanderbilt Law Review

Attorneys--Violation of Canon 27 by Encouraging or Permitting Favorable Publicity

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Constitutional Law--Dismissal of Criminal Charges Because of Deprivation of Right to Effective Counsel by Eavesdropping

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Criminal Law--Credit Card Invoice as a "Security" under National Stolen Property Act

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Criminal Law--Rights of Alleged Parole Violator at Revocation Hearing

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Labor Law--Federal Procedure--Right to Jury Trial under Section 17 of the Fair Labor Standards Act

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Labor Law--Representation. Elections--Provision on Ballot Allowing Vote for "No Representation"

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Labor Law--Unfair Labor Practice--Availability of Injunction Prior to Exhaustion of Administrative Remedies

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Taxation--Federal Estate Tax--Survivor's Annuity as Insurance Under Section 2039 a …

Child Custody In A Federal System, Leonard G. Ratner

Michigan Law Review

Among the most difficult of judicial functions is the determination of a child's custody after its parents have separated. The difficulties are acute enough when all the parties remain in the same place; when the parties are in different states, an additional perplexing problem arises as to which state should have authority to make the custody decision. This broad question can be resolved into three distinct though interrelated issues: (1) what state may initially determine custody; (2) what state may later modify that determination; (3) to what extent is such a determination binding on other states.

Federal Criminal Procedure-Collateral Relief Under 28 U.S.C. Section 2255- Discretion Of Sentencing Court To Dismiss Successive Application Without Hearing, Richard B. Rogers

Michigan Law Review

Prisoner, sentenced by a United States district court, filed two successive motions to vacate his sentence under 28 U.S.C. section 2255, which provides for a compulsory motion procedure for federal prisoners in lieu of habeas corpus. Under this section, a prisoner is required to petition the court which sentenced him in order to test the legality of his detention. The motion must be given a prompt hearing, "unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief. .. " If a successive motion is filed for "similar relief" the …

Lawful Objects Of Search And Seizure, Joseph Wool

William & Mary Law Review

No abstract provided.

Constitutional Law, Irwin B. Wedner

Duquesne Law Review

Supreme Court's Equity Decree Opens Integrated Public Schools for the First Time in Prince Edward County, Virginia.

Griffin v. County School Bd. of Prince Edward County, 84 Sup. Ct. 1226 (1964).

Military Chaplains - A Constitutionally Permissible Accommodation Between Church And State, M. Albert Figinski

Maryland Law Review

No abstract provided.

De Facto Segregation - The Elusive Spectre Of Brown, William B. Freilich

Villanova Law Review (1956 - )

No abstract provided.

Wesberry V. Sanders: A Case Of Oversimplification, Richard V. Carpenter

Villanova Law Review (1956 - )

No abstract provided.

Veterans' Benefits, Judicial Review, And The Constitutional Problems Of Positive Government, Frederick Davis

Indiana Law Journal

No abstract provided.