Digital Commons Network^™

Constitutional Law-Civil Rights-Solitary Confinement Of Prisoner's Based On Religious Belief, Harvey Friedman

Michigan Law Review

Plaintiff prisoner brought an action in a federal district court under the Civil Rights Act to enjoin the defendant, a New York state prison warden, from further subjecting him to solitary confinement because of his religious beliefs. The district court refused to take jurisdiction on the ground that solitary confinement involved state prison discipline which was reviewable only in state courts. On appeal, held, reversed, one judge dissenting. A complaint by a prisoner against a state prison official which charges violation of a "preferred freedom" by religious persecution states a claim under the Civil Rights Act which the district …

Freedom Of Religion: Recent Sunday Closing Laws Cases, John E. Donaldson

William & Mary Law Review

No abstract provided.

Federal Aid To Religious Schools - Introductory Note, Joseph O'Meara

Journal Articles

The American people are confronted by a crisis of constitutional interpretation and educational policy, stemming from the Bishops' program for federal aid to parochial schools. As was to be expected, there has been much partisan clamor on both sides of the school-aid question but far too little rational discourse. That deficiency would be corrected if there were wide response to Monsignor Hochwalt's invitation: " . . . we'd like that whole question of whether we should or we shouldn't [receive financial aid from the federal government] and the constitutionality and desirability and all the rest of it to be discussed …

Instruction On Communism And Its Contrast With Liberty Under Law, Lewis F. Powell, Jr.

Powell Speeches

No abstract provided.

Executive Privilege In The Federal Courts, Paul Hardin Iii

Faculty Scholarship

No abstract provided.

Comment: Sit-Ins And State Action- Mr. Justice Douglas, Concurring, Kenneth L. Karst, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Constitutional Law - Federal Investigatory Power Over Bi-State Agency Through Reservation To Congress Under Compact Clause Of Constitution, Nicholas C. Bozzi, James M. Salony

Villanova Law Review (1956 - )

No abstract provided.

Comments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law--Fourteenth Amendment State Action--State Involvement In Private Discrimination, Robert G. Lawson

Kentucky Law Journal

No abstract provided.

Motion Picture Censorship And Constitutional Freedom, P. D. Mcanany

Kentucky Law Journal

No abstract provided.

The O’Meara Case And Constitutional Requirements Of State Anti-Discrimination Housing Laws, William W. Van Alstyne

Faculty Scholarship

Against the backdrop of the highly criticized O’Meara case, this comment explores the possible rational bases a state could use to support a differentiation between publicly-assisted and unassisted home owners. This comment also addresses the question of how substantial that rational bases must be in order to survive the requirements of equal protection.

Pennsylvania—A Cinematic Gomorrah?, Roger V. Barth

Buffalo Law Review

William Goldman Theatres, Inc. v. Dana, 405 Pa. 83, 173 A.2d 59 (1961).

Comment: Sit-Ins And State Action- Mr. Justice Douglas, Concurring, Kenneth L. Karst, William W. Van Alstyne

Faculty Publications

This analysis of Mr. Justice Douglas’ concurrence in Garner v. Louisiana pays special attention to the lip service Justice Douglas pays to the state action requirement while never fully addressing such an issue.

Some Problems Of Evidence Before The Labor Arbitrator, R. W. Fleming

Michigan Law Review

Legal rules of evidence do not, of course, apply before the labor arbitrator. This is not surprising since such rules were developed in connection with jury trials, and do not apply strictly in any tribunal but a jury-court. The whole theory of the arbitration tribunal is that it is composed of experts who repeatedly inquire into a relatively homogeneous kind of cases. Exclusionary rules are hardly required as a precautionary measure. Indeed, as the late Harry Shulman said in his classic Oliver Wendell Holmes lecture at Harvard in 1955, "The more serious danger is not that the arbitrator will hear …

State Control Of Radiation Hazards: An Intergovernmental Relations Problem, Samuel D. Estep, Martin Adelman

Michigan Law Review

The purpose of this article is to set forth the nature of the intergovernmental problem. This involves an analysis of the extent and limitations of federal power, a determination of congressional intent on the issue of federal pre-emption, and an appraisal of the steps now being taken by the Atomic Energy Commission to turn over part of the radiation safety regulatory program to the states.

Constitutional Law—Due Process And Police Power—Criminal Statutes, Miles A. Lance

Buffalo Law Review

People v. Bunis, 9 N.Y.2d 1, 210 N.Y.S.2d 505 (1961); People v. Merolla, 9 N.Y.2d 62, 211 N.Y.S.2d 155 (1961); People v. Munoz, 9 N.Y.2d 51, 211 N.Y.S.2d 146 (1961).

Book Review Of Justices Black And Frankfurter: Conflict In The Court, Richard G. Stevens

William & Mary Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Freedom of Speech--Prior Restraint on Motion Picture Exhibition

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Criminal Law--Murder--Year and a Day Rule Rejected in Pennsylvania

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Real Property--Restraints on Alienation--Conveyance Giving Housing Cooperative First Option to Buy and Right to Redeem is not an Invalid Restraint on Alienation

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Taxation--Income Tax--Uncompensated Casualty Loss Due to Drought Allowed as Section 165 Deduction

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Torts--Negligence--Fireman in Performance of Duties Allowed Recovery as Invitee

Constitutional Law, Walter C. Howe Jr.

Washington Law Review

Covers cases on the right to counsel.

The Investigatory Powers Of The Comptroller General Of The United States, Gustave M. Hauser

Michigan Law Review

This article examines the statutory responsibility and authority of the Comptroller General to investigate executive action for the purpose of determining whether the legitimacy of his requests for information may be challenged by the executive branch on statutory as well as on constitutional grounds.

Constitutional Law - Equal Protection - Racial Discrimination And The Role Of The State, William C. Griffith S.Ed.

Michigan Law Review

Constitutional history from the 1857 Dred Scott decision to the 1954 Brown decision records "a movement from status to contract" for the American Negro. Although uncertainty clouds the definition of "state action," the civil rights of the Negro under the equal protection clause of the fourteenth amendment have been clearly established. The Negro citizen has arrived; the Negro minority group remains one of the gravest social problems of twentieth century America. De facto school segregation, limited economic opportunity, and inadequate housing are problems not solved by invocation of the fourteenth amendment or incantation of the Declaration of Independence. Solution, …

Habeas Corpus - Procedural Prerequisites - Motion Denied For Failure To Appeal Convicion Despite Failure Being Excusable, Harvey O. Mierke Jr.

Michigan Law Review

Plaintiff was convicted of robbery in a federal district court and, although represented by counsel, failed to appeal within the statutory ten-day period. Three months later he filed a motion in the same court under section 2255 of the judicial code to vacate the sentence on the ground that the conviction, because it was based on a coerced confession, was unconstitutionally obtained without due process of law. The motion was denied and the denial affirmed, in the absence of any attempt to excuse the failure to appeal. On reargument, plaintiff attempted to excuse his failure to appeal by alleging that …

Escheat - Abandoned Property - Full Faith And Credit As A Bar To Multiple Escheat Of Intangibles, Clarold L. Britton S.Ed.

Michigan Law Review

Escheat of abandoned or unclaimed property by the sovereign is as old as the common law. Recast in constitutional form, this ancient right of kings has become a significant source of revenue in an increasing number of American states. While the right of escheat is inherent in the power of a sovereign, its exercise requires specific legislative authority. Until recently this authority was sparingly given and escheat was generally limited to the administration of estates and abandoned tangible property. However, in this past decade, state legislatures have greatly expanded the scope and extent of escheat by authorizing the escheat of …

Book Reviews, Marian D. Irish, Ralph Slovenko

Vanderbilt Law Review

The Quest for Equality By Robert J. Harris Baton Rouge: Louisiana State University Press, 1960. Pp. xiv, 173. $4.00.

reviewer: Marian D. Irish

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Confidentiality and Privileged Communication in the Practice of Psychiatry, Report No. 45. New York: Publications Office, Group for the Advancement of Psychiatry, 1960. Pp. 32. $.50.

reviewer: Ralph Slovenko

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONSTITUTIONAL LAW--DUE PROCESS--ADMINISTRATIVE AGENCY MAY DENY APPRISAL AND CONFRONTATION IN PURELY INVESTIGATIVE PROCEEDING

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CONSTITUTIONAL LAW--DUE PROCESS--STATE MAY DISCHARGE EMPLOYEE FOR FAILURE TO PERFORM STATUTORY DUTY TO ANSWER

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DAMAGES--REFUSAL TO INSTRUCT JURY TO CALCULATE LOSS OF EARNINGS ON THE BASIS OF NET INCOME AFTER TAXES

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EVIDENCE--ADVERSE SPOUSAL TESTIMONY--WIFE COMPELLED TO TESTIFY IN MANN ACT PROSECUTION

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FEDERAL PROCEDURE--CHANGE OF VENUE--TRANSFER OF CIVIL ACTION MUST BE TO DISTRICT HAVING STATUTORY VENUE

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FEDERAL TORT CLAIMS ACT--SUIT ALLOWED FOR NEGLIGENCE EVEN THOUGH ACCOMPANIED BY MISREPRESENTATION

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INSURANCE--FEDERAL TRADE COMMISSION--REGULATION BY STATE WHERE UNFAIR TRADE PRACTICE ORIGINATES DOES NOT OUST FTC …

Copyright-Notice Requirements-Pitfalls For The Unwary, Gregor N. Neff

Michigan Law Review

Whether judicial remedy of the situation will be adequate or whether legislative change is necessary to remedy the situation presents another problem; but the need for remedy seems clear. The purpose of this comment is to discuss these pitfalls and to indicate present judicial trends regarding these problems. Proposed remedies, both legislative and judicial, will be listed and evaluated where possible.

The Legislative Process And The Rule Of Law: Attempts To Legislate Taste In Moral And Political Beliefs, Samuel D. Estep

Michigan Law Review

In a nutshell, the topic of this paper is "Comstockery and the Bowdlerizing of Ideas." The thesis here asserted is that the Rule of Law is violated when legislatures succumb to modern attempts by the often pathologically-motivated zealot legally to freeze current tastes in moral and political beliefs. The relationship between taste statutes and the seemingly esoteric topic, "The Legislative Process and the Rule of Law," is based on the premise that the maximum possible degree of intellectual freedom for each individual is an essential ingredient in the legal system of a civilized society.

The Supreme Court And The Rule Of Law, Paul G. Kauper

Michigan Law Review

I should like to approach this afternoon's subject along two lines. On the one hand, I propose to develop the subject in terms of the Supreme Court's contribution to our understanding of the Rule of Law, and, on the other hand, I propose to look at the Supreme Court as a governmental institution subject to the Rule of Law. In short, I propose to discuss the Supreme Court both as an instrumentality for the development of the American concept of the Rule of Law and as an institution governed by the Rule of Law. Needless to say, these two approaches …

Presidential Inability: Procrastination, Apathy And The Constitution, Cornelius W. Wickersham

Villanova Law Review (1956 - )

No abstract provided.

Recent Decisions, Various Editors

Villanova Law Review (1956 - )

No abstract provided.