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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.

Comments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law--Freedom Of The Press--Municipal Ordinance Restricting Distribution Of Handbills, James H. Jeffries Iii

Kentucky Law Journal

No abstract provided.

The Supreme Court-October 1959 Term, Bernard Schwartz

Michigan Law Review

A country's constitutional law is but a reflection of its political, economic, and social life. Not unnaturally, the external conditions of any particular period are bound to have their effects in the legal sphere as well-especially in the field of public law. This is as true of the United States as it is of other countries. From this point of view, the constitutional jurisprudence of the American Supreme Court is only the juristic mirror of the different stages through which American history has passed. 'Our jurisprudence is distinctive,' said Justice Jackson on the 150th anniversary of the Supreme Court, 'in …

Color Blindess But Not Myopia: A New Look At State Action, Equal Protection, And "Private" Racial Discrimination, Theodore J. St. Antoine

Michigan Law Review

Mr. Justice Frankfurter has remarked: "In law also the right answer usually depends on putting the right question." For nearly one hundred years now the courts have been putting certain key questions whenever confronted by the claim that a person was being deprived of the equal protection of the laws guaranteed by the fourteenth amendment of the federal constitution. From the time the "separate-but-equal" doctrine was enunciated in Plessy v. Ferguson until it was repudiated in the School Segregation Cases two principal questions were likely to be asked about any classification based on racial grounds: (I) Did the classification result, …

State Action, William W. Van Alstyne, Kenneth L. Karst

Faculty Publications

In this extensive discussion of the Civil War amendments, this article proposes to identify the functions of the state action limitation. Specific accommodation of those functions is discussed in a variety of contexts: freedom from brutality, voting, education, employment, housing, etc.

The Constitution And Occupational Licensing In Massachusetts, Henry Paul Monaghan

Faculty Scholarship

Judges have long recognized that the right to earn a living in any of the common occupations is among those fundamental interests which a democratic society should protect. Justice Bradley characterized it as an "inalienable right," and Justice Douglas asserted that it is "the most precious liberty that man possesses." Indeed, Mr. Justice Field viewed protection of this right as one of the distinguishing features of our republican institutions. That the right to earn a living is generally within the protective mantle of the Fourteenth Amendment is now long settled constitutional doctrine. Writing for a unanimous court in 1915, Mr. …

Constitutional Law—Improper Remarks By Court Constituted Prejudicial Error, Buffalo Law Review

Buffalo Law Review

People v. Bai, 7 N.Y.2d 152, 196 N.Y.S.2d 87 (1959).

Constitutional Law—In Forma Pauperis Appeals Apply To Dismissal Of Motions, Buffalo Law Review

Buffalo Law Review

People v. Wilson, 7 N.Y.2d 568, 200 N.Y.S.2d 40 (1960).

Constitutional Law—Separation Of Church And State, Buffalo Law Review

Buffalo Law Review

Saint Nicholas Cathedral of the Russian Orthodox Church v. Kreshik, 7 N.Y.2d 191, 196 N.Y.S.2d 655 (1959).

Constitutional Law—Applications Of Sections 86-A And 87(2) Of The Membership Corporation Law To Existing Contracts, Buffalo Law Review

Buffalo Law Review

Grove Hill Realty v. Ferndliff Cemetery Association, 7 N.Y.2d 403, 198 N.Y.S.2d 287 (1960).

Reviewing Judicial Review: A Note In Constitutional History, William F. Swindler

Faculty Publications

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Due Process--Duty of Non-Resident Vendor to Collect Use Tax

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Evidence--Criminal Law--Circumstantial Evidence Sufficient to Establish Corpus Delicti

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Evidence--Presumptions--Rebuttable Presumption Persists Until Trier of Fact Finds Nonexistence of Presumed Fact as Probable as its Existence

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Restraint of Trade--Sherman Act--Refusal to Sell as Unlawful Means of Effecting Price Maintenance

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Torts--Negligence--Vendor of Alcoholic Beverage to Intoxicated Minor Liable to Third Party

Book Review, Julius Cohen, Edgar Bodenheimer, Alfred Hill, Judson F. Falknor, Max Rheinstein, Richard F. Scott, Dexter Delony, W. Paul Gormley, Maurice H. Merrill, Norman Bursler, Neil N. Bernstein

Journal of Legal Education

No abstract provided.

Constitutional Law--Court-Martial--Jurisdiction Over Civilian Dependents And Employees, A. M. P.

West Virginia Law Review

No abstract provided.

Constitutional Law - Civil Rights - Restrictions On The Use Of Legal Materials By Prisoner, Russell A. Mcnair Jr.

Michigan Law Review

Plaintiff prisoners brought separate actions against the warden of the Oregon State Penitentiary, alleging that the enforcement by prison officials of restrictions on the availability, use and purchase of law books resulted in a denial of full access to the courts. It was further alleged that each of them must do by himself all or part of the legal preparation necessary to contest his detention or to defend criminal charges pending against him in a state or federal court. In proceedings brought in the federal district court under the Civil Rights Act to enjoin further enforcement of these restrictions, held …

Search And Seizure - Suppression Of Evidence - Judicial Attitude Toward Enforcement, John B. Waite

Michigan Law Review

The "numbers game" is today the most profitable of the wide-spread gambling rackets. And like all organized gambling it is a focal source and the financial support of far more serious crimes. At the same time it is one of the most difficult forms of crime for the police to control. It needs no costly installations which the police can confiscate or destroy. Unlike "house" gambling it cannot practically be harassed out of business. It can be operated by one man alone, if he survives failure to pay off for lack of capital; or by a syndicate with capital enough …

Civil Rights - Elections - Federal Injunction Against Racial Discrimination, Robert Jillson

Michigan Law Review

In September 1958, in its first complaint under the Civil Rights Act of 1957, the United States sought to enjoin certain election registrars and deputy registrars in Terrell County, Georgia from continuing racially-discriminatory practices in their registration of voters. The defendants, claiming the 1957 statute to be unconstitutional, moved for dismissal. The district court granted defendants' motion, rejecting government arguments that the subsection authorizing suit by the United States was limited to cases, like the case before the Court, of discrimination by the state. On direct appeal to the Supreme Court, held, reversed. Because the alleged racial discrimination by …

The Constitutional Limits Of Discovery

Indiana Law Journal

No abstract provided.

Constitutional Law - Due Process And Right Of Confrontation- Jencks Act, Robert J. Margolin S.Ed.

Michigan Law Review

The Jencks Act like the rule it purportedly reaffirmed, was designed to insure "justice." Although the stated purpose of the act was to preserve the rights of any defendant under due process of law, the question remains unresolved whether, in articulating the rule in terms of "justice," the Court in Jencks v. United States incorporated it into the requirements of due process. To be sure, the underlying intent of both the Court and Congress is unclear, but of far more concern than the intent is whether the Jencks Act, in fact, violates the constitutional mandates of the Fifth and Sixth …

The Right To Bear Arms, A Study In Judicial Misinterpretation, Stuart R. Hays

William & Mary Law Review

No abstract provided.

Right To Counsel - An Unrecognized Right, Neil W. Schilke

William & Mary Law Review

No abstract provided.

The Bill Of Rights: A Limitation On The Several States Or The Federal Government?, David Wittingham

William & Mary Law Review

No abstract provided.

Constitutional Law, Freedom Of Speech, Lack Of Scienter In City Ordinance Against Obscenity Violates First Amendment, Douglas A. Boeckmann

William & Mary Law Review

No abstract provided.

The Constitution And The Standing Army: Another Problem Of Court-Martial Jurisdiction, Robert D. Duke, Howard S. Vogel

Vanderbilt Law Review

With the emergence of the Soviet menace after World War II, the United States has, for the first time in its history, found it essential to maintain, both here and abroad, a large standing armed force in what is technically peacetime. That has in turn brought to the fore important and novel questions concerning the jurisdiction which courts martial may constitutionally exercise. With millions of Americans serving and likely to serve in the armed forces, it is to be expected that the Supreme Court will scrutinize, with more care than ever before, legislation which purports to strip from these"citizen soldiers" …

Constitutional Law--Freedom Of Speech And Press--Determination Of Obscenity, J. G. V. M.

West Virginia Law Review

No abstract provided.

Constitutional Law--Due Process--What Constitutes "Doing Business", J. Mc K.

West Virginia Law Review

No abstract provided.