Digital Commons Network^™

Constitutional Law -- 1957 Tennessee Survey, Paul H. Sanders

Vanderbilt Law Review

During the survey period the Tennessee Supreme Court had occasion to deal with a major, though unsuccessful, attack upon the constitutionality of the state legislation providing for the apportionment of Senators and Representatives in the General Assembly. There were also important questions relating to constitutional limitations on the police power in the regulation of insurance and of the number and capacity of gasoline storage tanks by a municipality.

The separation between legislative, executive and judicial powers is made express in the Tennessee Constitution.' In addition, each of these coordinate branches of government is expressly enjoined from performing the functions of …

Federal Procedure - Jurisdiction - Minimal Diversity Permitted By The Federal Interpleader Act Satisfies Constitutional Requirements, Robert J. Hoerner

Michigan Law Review

A disinterested Texas bank brought a federal interpleader action under 28 U.S.C. (1952) §1335 against a Texas widow and four joint claimants, three of whom were Texas citizens and the other a Tennessee citizen. On appeal from a summary judgment for the joint claimants, the widow argued that the court lacked jurisdiction. Held, affirmed. Congress intended that section 1335 should cover these "minimal" facts. The "complete diversity'' requirement of Strawbridge v. Curtiss is only a rule of statutory construction and not a constitutional requirement. Haynes v. Felder, (5th Cir. 1957) 239 F. (2d) 868.

Constitutional Law - State Action - Effect Of State Court Interpretation Of A Contract, Dudley H. Chapman

Michigan Law Review

Mrs. Doris Walker, president of her local union, was discharged by Cutter Laboratories in 1949 because of membership in the Communist Party and falsification of her employment application. The employer acquired knowledge of these facts in 1947, but did not act at that time to avoid charges of persecuting a union officer. The union, pursuant to the collective bargaining agreement, which authorized discharge for "just cause" only, sought and obtained reinstatement from the arbitration board, which action was affirmed by the district court of appeal, but reversed by the California Supreme Court. On certiorari to the United States Supreme Court, …

Justice William Cushing And The Treaty-Making Power, F. William O'Brien S.J.

Vanderbilt Law Review

Although the work of the Supreme Court during the first few years was not great if measured in the number of cases handled, it would be a mistake to conclude that the six men who sat on the Bench during this formative period made no significant contribution to the development of American constitutional law. The Justices had few if any precedents to use as guides, and therefore their judicial work, limited though it was in volume, must be considered as stamped with the significance which attaches to all pioneer activity. Moreover, most of this work was done while on circuit …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Alimony may be Awarded Wife after Husband obtains Ex Parte Divorce

===============================

CONFLICT OF LAWS--FORUM NON CONVENIENS APPLIED FOR PROTECTION OF LOCAL INTERESTS

===============================

CONSTITUTIONAL LAW--IMPAIRMENT OF CONTRACT--EXISTING AUTOMOBILE DEALERSHIP CONTRACT MAY BE CHANGED TO PROTECT THE GENERAL WELFARE

===============================

CRIMINAL LAW--BIGAMY--GOOD FAITH BELIEF THAT ACCUSED WAS DIVORCED IS A DEFENSE TO A CHARGE OF BIGAMY

===============================

EVIDENCE--RELEVANCY--ADMISSION OF HABIT EVIDENCE TO SHOW DUE CARE

===============================

FEDERAL TORT CLAIMS ACT--SCOPE OF EMPLOYMENT--GOVERNMENT'S LIABILITY FOR SKYLARKING AIRCRAFT

===============================

INCOME TAXATION--RESERVE WITHHELD BY FINANCE COMPANY AND CHARGEABLE WITH AMOUNT OF DISHONORED NOTES NOT ACCRUABLE AS INCOME TO INDORSER

===============================

LABOR …

Chief Justice Taney: Prophet Of Reform And Reaction, Robert J. Harris

Vanderbilt Law Review

Roger Brooke Taney's judicial career began and ended in controversy.' His appointment as Chief Justice in 1836 came not long after his nomination to be Secretary of the Treasury had been rejected and his nomination to be an Associate Justice of the Supreme Court had been indefinitely postponed because of his role as a central figure in the great controversy between the Jackson administration and the Bank of the United States. These successive nominations of Taney to high position evoked a flood of partisan invective against him in an age which was hardly characterized by restraint. In the course of …

Mr. Justice Rutledge And The Roosevelt Court, Alfred O. Canon

Vanderbilt Law Review

The career of Mr. Justice Wiley Blount Rutledge on the Supreme Court of the United States came to an end on September 10, 1949. His passing signified the end of a man's work--and the end of an era. As Rutledge's last opinion became a part of American constitutional history, the Roosevelt Court disappeared and a new alignment of majority and minority was born. The influence of Rutledge in this important period of constitutional development will be difficult to measure until the broader outlines of contemporary social, political, economic, and legal trends are more firmly sketched in the future. A justice's …

Constitutional Law—Injunctive Obscenity Statute Upheld, June A. Murray

Buffalo Law Review

Brown v. Kingsley Books, 1 N. Y. 2d 177, 134 N. E. 2d 461 (1956).

The Spirit Of The Fifth Amendment Privilege- A Study In Judicial Method - Ullman V. United States, J. Elwood Armstrong

Maryland Law Review

No abstract provided.

Recent Decisions, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

The Brown Decisions And The Advisory Opinion, Paul Saad

Kentucky Law Journal

No abstract provided.

Constitutional Law--Racial Discrimination--Denial Of Due Process, Beauchamp E. Brogan

Kentucky Law Journal

No abstract provided.

The Present Status Of The "Clear And Present Danger Test"--A Brief History And Some Observations, Louis B. Lusk

Kentucky Law Journal

No abstract provided.

Illegal Search And Seizure--Power Of A Federal Court To Enjoin A Federal Agent From Testifying In A State Court, Linza B. Inabnit

Kentucky Law Journal

No abstract provided.

Domestic Relations—Reciprocal Support Statutes—Constitutionality, Vincent P. Furlong

Buffalo Law Review

Landes v. Landes, 1 N. Y. 2d 358, 135 N. E. 2d 562 (1956), appeal docketed, 25 U. S. L. WEEK 3155, (U. S. Oct. 12, 1956) (No. 507).

Constitutional Law - Statute Prohibiting Sale Of Evaporated Skimmed Milk In Other Than Ten Pound Containers Held Arbitrary And Not A Vaid Exercise Of Police Power / Criminal Law - Improper And Prejudicial Conduct Of The Prosecutor Which Remained Unadmonished By The Presiding Justice Coupled With An Unnecessary Delay In Arraignment Held To Constitute Reversible Error Despite Overwhelming Proof Of Guilt

NYLS Law Review

No abstract provided.

Constitutional Law - Post-Conviction Due Process - Right Of Indigent To Review Of Non-Constitutional Trial Errors, Robert C. Casad S.Ed.

Michigan Law Review

The purpose of this comment is to examine a new development. in post-conviction due process: Griffin v. Illinois. This case announces a new principle of constitutional right under the Fourteenth Amendment based on an almost indistinguishable combination of due process and equal protection elements.

Compelling The Testimony Of Political Deviants, O. John Rogge

Michigan Law Review

Besides the two specific problems which the new federal act presents, namely, whether it imposes nonjudicial functions on federal courts, and whether it should, does and can protect against the substantial danger of state prosecution, there is a general objection that one can raise against it, and to other acts of the same type: they relate to the area of belief and opinion, the very area which was involved when the English people, spearheaded by the Puritans, engaged in the struggle with the Crown that finally resulted in the establishment of a right of silence. At least if we are …

Chafee, Jr.: The Blessings Of Liberty, Nathaniel Nathanson

Michigan Law Review

A Review of The Blessings of Liberty. By Zechariah Chafee, Jr.

Book Reviews, John P. Frank, Malcolm P. Sharp, Edward S. Stimson, Oliver Schroeder Jr., Clarence J. Morrow, Bertram K. Wolfe, Malcolm D. Talbott, William H. Agnor, Clarence M. Updegraff

Journal of Legal Education

No abstract provided.

Constitutional Law - Grand Jury Under The Fifth Amendment Indictments Not Subject To Attack On Evidentiary Ground, Jerome K. Walsh, Jr. S.Ed.

Michigan Law Review

Defendant was indicted by a grand jury on four counts of willfully evading federal income taxes due for the years 1946, 1947, 1948 and 1949. His motion before trial to dismiss the indictment on the ground that he was firmly convinced that there could have been no legal or competent evidence before the grand jury was denied by the trial court. At the conclusion of the government's case, and again just before the case went to the jury, counsel for the defendant moved to dismiss the indictment on the ground that only hearsay evidence offered by three revenue agents had …

Constitutional Law—Full Faith And Credit, Gerald Baskey

Buffalo Law Review

Connoly v. Bell, 309 N. Y. 581, 132 N. E. 2d 582 (1956).

Book Reviews, Ralph C. Barnhart, Leonard F. Manning, Coleman Karesh, Wilfred J. Ritz, Edward J. Freeman, Thomas Broden Jr., E. C. Bolmeier, A. Kenneth Pye, Philip K. Yonge, Joseph T. Tinnelly C.M., Thomas I. Emerson

Journal of Legal Education

No abstract provided.

Constitutional Law -- 1956 Tennessee Survey, Paul H. Sanders

Vanderbilt Law Review

Several major constitutional problems were presented to the Tennessee Supreme Court during the survey year. There were no startling developments in the court's disposition of these cases, nor in the opinions proclaimed in each instance. The court avoided what it termed a "spectacular exhibition of judicial sophistry" in giving constitutional approval to certain activities of a religious nature in the public schools. In the regulation of economic affairs the court found no valid basis for a statute prohibiting the offering of benefits or premiums in connection with the sale of gasoline. Basic allocations of governmental power were involved in a …

The No-War Clause In The Japanese Constitution, P. Allan Dionisopoulos

Indiana Law Journal

No abstract provided.

Courts--Supervisory Powers--Enjoinment Of Federal Narcotics Agent From Testifying In State Court, T. E. P.

West Virginia Law Review

No abstract provided.

The Fourteenth Amendment Reconsidered, The Segregation Question, Alfred H. Kelly

Michigan Law Review

Some sixty years ago in Plessy v. Ferguson the Supreme Court of the United States adopted the now celebrated "separate but equal" doctrine as a constitutional guidepost for state segregation statutes. Justice Brown's opinion declared that state statutes imposing racial segregation did not violate the Fourteenth Amendment, provided only that the statute in question guaranteed equal facilities for the two races. Brown's argument rested on a historical theory of the intent, although he offered no evidence to support it. "The object of the amendment," he said, "was undoubtedly to enforce the absolute equality of the two races before the law, …

Book Reviews, Robert J. Harris, Charles B. Nutting (Reviewer), Daniel Walker (Reviewer)

Vanderbilt Law Review

Book Reviews

American Constitutional Law By Bernard Schwartz Cambridge:Cambridge University Press, 1955. Pp. xiv, 364. $5.00

reviewer: Robert J. Harris

=================================

The Development of Academic Freedom in the United States By Richard Hofstadter and Walter P. Metzger New York: Columbia University Press, 1955. Pp. xvi, 527. $5.50

Academic Freedom in Our Time By Robert M. MacIver New York:Columbia University Press, 1955. Pp. xiv, 329. $4.00

reviewer: Charles B. Nutting

================================

Military Justice in the United States

By Robinson 0. Everett

Harrisburg: Military Service Publishing Company, 1956. Pp. 338

reviewer: Daniel Walker

Constitutional Law--Courts-Martial--Jurisdiction Over Ex-Servicemen, T. E. P.

West Virginia Law Review

No abstract provided.

Constitutional Law: Fifth Amendment Privilege, Edward H. Coughlin

Buffalo Law Review

State v. Dominguez, 228 LA. 284, 82 So. 2d 12 (1955).