Digital Commons Network^™

Constitutional Law--Due Process Of The Fourteenth Amendment--Right To Counsel In Non-Capital State Felony Prosecutions, Marvin Lee Henderson

Kentucky Law Journal

No abstract provided.

Minority Representation: A Political Or Judicial Question, Malcolm E. Jewell

Kentucky Law Journal

No abstract provided.

Book Review, William W. Van Alstyne

Faculty Scholarship

This review of "The Supreme Court on Trial" by Charles Hyneman, questions why the work’s tackling the age-old issues of the source of judicial review and its constitutionality is particularly novel or unique from other such examinations. Issue is also taken with Brown v. Board of Educaion's dominance of such discussion and the book’s poor treatment of the desegregation cases.

The Role Of Law In Regulating Discrimination In Places Of Public Accommodation, Thomas P. Lewis

Buffalo Law Review

No abstract provided.

Comment On Professor Lewis' Paper, Jo Desha Lucas

Buffalo Law Review

No abstract provided.

Comment On Professor Lewis' Paper, Robert F. Drinan

Buffalo Law Review

No abstract provided.

The Stereotype: Hard Core Of Racism, Louis Lusky

Buffalo Law Review

No abstract provided.

Freedom Of Conscience And Compulsory Military Service, William A. Carnahan

Buffalo Law Review

No abstract provided.

Constitutional Law-Self-Incrimination- Denial Of Privilege To General Partner Holding Subpoenaed Books And Records Of Limited Partnership, Roger L. Mcmanus

Michigan Law Review

A special agent of the Internal Revenue Service sought enumerated books and records of four New York limited partnerships in connection with petitioner's tax liability for prior years. A subpoena duces tecum was issued directing petitioner to produce the records, which were in his possession as general partner. Petitioner, his son, and his son-in-law were the general partners of each limited partnership involved, with limited partners ranging from twenty-five to 119 in number and capitalization from 225,000 dollars to 2,740,000 dollars. The partnerships, together with a management company, were housed in a single office with a staff of one secretary. …

Legal Idealism And Constitutional Law, James A. Gardner

Villanova Law Review (1956 - )

No abstract provided.

The Supreme Court On Trial, William W. Van Alstyne

Faculty Publications

This review of The Supreme Court on Trial questions why the work’s tackling the age-old issues of the source of judicial review and its constitutionality is particularly novel or unique from other such examinations. Issue is also taken with Brown v. Boards dominance of such discussion and the book’s poor treatment of the desegregation cases.

Book Reviews, Richard A. Falk, Hans A. Linde, Leonard S. Powers, S. A. Bayitch, Fritz R. Kahn

Journal of Legal Education

No abstract provided.

Recent Case Comments, Law Review Staff

Vanderbilt Law Review

Recent Case Comments --

Accounting--Return To Be Allowed Utilities on Deferred Tax Reserves Instituted in Connection with Accelerated Depreciation Methods

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Conflict of Laws--Torts--Repudiation of Place of Injury Rule

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Constitutional Law--Due Process--Juvenile Court Proceeding a Bar to Subsequent Criminal Trial for the Same Act

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Family Law--Divorce--Insanity as a Defense to Action--for Divorce on the Ground of Cruelty

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Labor Law--Unemployment Compensation-Status of Laid-Off Worker Under No--Strike Clause

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Real Property--Future Interests--Valuation of Possibility of Reverter

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Taxation--Federal Income Tax--Deductibility of Contingent Witness Fees

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Torts--Warranty--Relation of Foreseeability of Risk to the Implied Warranty of a Cigarette Manufacturer

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Stability And Change In Constitutional Law, Jerre S. Williams

Vanderbilt Law Review

This characterization of the role of the United States Constitution by the great Chief Justice one hundred and forty-four years ago accurately sets the scene for a consideration of stability and change in constitutional law. To have viewed the United States Constitution as a code would have been contrary to the entire common-law tradition out of which it grew. Instead, as this quotation reveals, it has never been seen as establishing a set, unchangeable meaning. The history of constitutional interpretation in the United States reveals that Pound's famous dictum, "law must be stable and yet it cannot standstill," is not …

Attorney General V. Weigel, Zvi Berinson, Binyamin Halevy, Eliyahu Manny, Haim Herman Cohn, Yitzhak Olshan

Translated Opinions

The respondent was convicted at first instance of being a procurer under section 1(b) of the Penal Law Amendment (Prostitution Offences) Law, 1962, but owing to the special circumstances of the case he was not given a prison sentence but put on probation. An appeal to the Supreme Court having failed, the Attorney-General applied for a Further Hearing* regarding the construction of the said section 10 in the light of section 3 (2) of the Probation of Offenders Ordinance, 1944. The sole issue was whether a person convicted under the Law must be sentenced to imprisonment or may instead be …

Attorney General V. Oestreicher, Shimon Agranat, Binyamin Halevy, Yoel Sussman

Translated Opinions

Facts: The respondent was charged with an offence against the Commodities and Services (Control) (Transport of Bread) Order, 1960, for transporting bread in open dirty boxes on the roof of an automobile. He admitted the facts but denied liability on the ground that the Order was ultra vires the Minister of Health who had issued it, according to the terms of the enabling Law, which confined the power to make Orders regarding specified essential matters and in a period only during which a state of emergency prevailed. At first instance this plea was rejected and he was convicted and sentenced, …

A Child And A Wall: A Study Of "Religious Protection" Laws, Lawrence List

Buffalo Law Review

No abstract provided.

Racial Discrimination In Employment: Proposals For Corrective Action, Daniel H. Pollitt

Buffalo Law Review

No abstract provided.

Constitutional Law—Unconstitutionality Of New York City Minimum Wage Law—A Limitation On Municipal Home Rule Police Powers, Leslie G. Foschio

Buffalo Law Review

Wholesale Laundry Bd. of Trade, Inc. v. City of New York, 12 N.Y.2d 998, 189 N.E.2d 623, 239 N.Y.S.2d 128 (1963) (memorandum decision).

Current Challenge To Federalism: The Confederating Proposals, William F. Swindler

Faculty Publications

Professor Swindler treats the three recently proposed constitutional amendments as the culmination of state frustration at the evolution of ascendant federalism especially as embodied in modern Supreme Court decisions. Equating the proposals, in effect, to the fragmented system under the Articles of Confederation, he rejects them as contrary to the weight of constitutional history. The Constitution having established a new concept of federalism-an amalgam of the people of the United States-the author concludes that representative government is the essence of that federalism and that neither the states, their legislatures, nor their courts can have authority in the area of activity …

El-Zafdi V. Benjamin And Attorney General, Haim Herman Cohn, Moshe Silberg, Eliyahu Manny, Alfred Witkon, Yitzhak Olshan

Translated Opinions

The child in this case was born to a Jewish mother and a Moslem father. According to Jewish law, the child was Jewish, following the mother, and according to Moslem law it was Moslem, following the father. On the death of the mother, the child was placed with its Moslem aunt, but when the father learned that German reparations were payable to the mother he applied to the District Court for the appointment of a maternal uncle as guardian. The Court appointed an uncle as sole guardian and at the instance of the Attorney-General ordered him to place the child …

Constitutional Law—Business And Occupation Tax—Constitutionality, Kenneth L. Schubert, Jr.

Washington Law Review

The Washington court denied the claim of General Motors that the Washington Business and Occupation Tax violated the due process and commerce clauses as applied to its interstate business of wholesaling new cars. The Tax Commission had determined that the activities of General Motors within the state subjected the corporation to this tax on its gross receipts.

Constitutional Law—Reimbursement Of Utility Relocation Costs, Wayne Booth, Jr.

Washington Law Review

In 1959 the state legislature passed a law enabling Washington to obtain federal-aid highway grants for the reimbursement of utility relocation costs incident to federal highway construction. In the recent case of Washington St. Hy. Comm'n. v. Pacific Northwest Bell Tel. Co., the Washington Supreme Court held this legislation to violate the state constitution.

The Narcotics Problem: Outlook For Reform, James P. Manak

Buffalo Law Review

Robinson v. California, 370 U.S. 660 (1962).

The Worker And Three Phases Of Unionism: Administrative And Judicial Control Of The Worker-Union Relationship, Alfred W. Blumrosen

Michigan Law Review

This article will examine the extent to which, and the methods by which, individual rights are protected in each of these three phases of union activity. We will see that the employee is well protected in his right to oppose political action of the union and has considerable legal protection for his rights to engage in internal union political struggles, but the employee has received little protection for his economic interests in collective bargaining between unions and employers. A recent decision by the NLRB, which will be examined in some detail, suggests that additional protection for individual economic rights in …

Constitutional Law -- 1962 Tennessee Survey, James C. Kirby, Jr.

Vanderbilt Law Review

I. Delegation of Legislative Power to Metropolitan Charger Commission

II. Right to Jury Trial: Special Findings Without General Verdict

III. Due Process of Law: In Personam Jurisdiction Over Nonresident Individual

IV. Due Process: Expulsion from Public University Without Hearing

V. Equal Protection: Legislative Apportionment

VI. Legislative Classification: Suspension of General Law for One County

VII. Legislative Classification: Exemption from Carrier Regulation

VIII. Equal Protection: Racial Discrimination

IX. Standing to Challenge Constitutionality

Recent Cases, Law Review Staff

Vanderbilt Law Review

Administration of Justice-Federal Rules of Civil Procedure--District Court Has No Power To Penalize Counsel for Delay Which Violates Standing Orders of Court

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Carriers--Routes-Action for Reparation Available Under Motor Carrier Act for Unreasonable Routing Defendant motor carrier transported shipments for plaintiff shipper

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Constitutional Law--Full Faith and Credit--Collateral Attack on Errors of Court of Prior Forum

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Restraint of Trade--Labor Law-Where Defendants Stipulated They Were Independent Contractors and Joined Union To Fix Prices, Having No Other Legitimate Union Interest, Membership May Be Terminated Under Sherman Act

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Domestic Relations--Annulment--Female Impotence Is Made Curable by the Surgical Creation of a Functional …

Federalism And Double Jeopardy: A Study In The Frustration Of Human Rights, Harlan R. Harrison

University of Miami Law Review

No abstract provided.

Ripeness And Reviewable Orders In Administrative Law, Louis L. Jaffe

Michigan Law Review

The requirement of "ripeness" as a condition for judicial review is not so much a definable doctrine as a compendious portmanteau, a group of related doctrines arising in diverse but analogically similar situations. In its most general sense ripeness is a requirement not of the administrative action to be reviewed but of the judicial controversy between the plaintiff and the agency. Consider the case where an agency has gone no further than to threaten a certain action which the plaintiff in an equity or declaratory proceeding claims would be contrary to law: here, in all strictness, the controversy concerns …

Obscenity In New York: Law, Fact—Or Both?, Richard S. Mayberry

Buffalo Law Review

Bunis v. Conway, 17 A.D.2d 207, 234 N.Y.S.2d 435 (4th Dep't 1962).