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Review Of How To Keep Our Liberty By Raymond Moley, Clarence Emmett Manion

Journal Articles

How To Keep Our Liberty: A Program for Political Action. By Raymond Moley. New York: Alfred A. Knopf, Inc., 1952. Pp. xxvii, 339. $4.00. — In this interesting and valuable book, Mr. Moley proposes to do something about the disturbed state of our political weather. Pertinently he says: "Merely to bewail a trend is not to correct it." The American wants to know what to do about it (viz., the preservation of his liberty). The threat to liberty is "Statism," which the author interprets to be "the intervention by government in economic, social and personal life." Statism is thus frankly …

Access To Official Information: A Neglected Constitutional Right

Indiana Law Journal

No abstract provided.

Search And Seizure Under The Fourth Amendment As Interpreted By The United States Supreme Court, E. G. Trimble

Kentucky Law Journal

No abstract provided.

State Taxation Of Interstate Commerce, Charles Harper Anderson

Faculty Publications

No abstract provided.

Constitutional Law, Morris B. Abram, Robert B. Mckay

Mercer Law Review

Georgia appellate courts did not in the year under discussion have the occasion to pass on as many interesting and complex constitutional situations as in-the prior year. To a large extent the constitutional questions in the period related to matters of criminal law and procedure, and it was in this field, perhaps, more than any other that the principal decisions lay.

The Court And The Constitution. By Owen J. Roberts., Jacob D. Hyman

Buffalo Law Review

No abstract provided.

Constitutional Law—Search And Seizure—Evidence Obtained During Search Suppressed, Mary K. Davey

Buffalo Law Review

Jeffers v. United States, 187 F. 2d 498 (D. C. Cir. 1950); aff'd. __ U. S. __, 20 U. S. L. Week 4011 (Nov. 13, 1951).

Constitutional Law-Standards For Testing Validity Of State Regulations Affecting Interstate Commerce [Dean Milk Co. V. City Of Madison, U.S. Sup. Ct. 1951].

Washington and Lee Law Review

No abstract provided.

Book Reviews, George H. Pickar, Edward L. Barrett Jr., Rudolph Heitz, Charles E. Corker, Warren M. Ballard, W. F. Zacharias, Stefan A. Riesenfeld, Julius Cohen, Charles A. Reynard, Robert Kingsley, Jacob D. Hyman, James Lake, Arthur W. Stokes, Francis A. Allen, Paul A. Freund, Richard W. Jennings, Joseph E. Goodbar, Kenneth Redden, James A. Rahl, Charles L. B. Lowndes

Journal of Legal Education

No abstract provided.

Constitutional Law-Civil Rights-Discharge Of Teachers For Subversive Activity, William H. Bates

Michigan Law Review

An action was brought seeking a declaratory judgment as to the constitutionality of New York's Feinberg law. The statute provided that the Board of Regents of the University of the State of New York should list organizations found to be subversive. Membership in such organizations was made prima facie disqualification for the position of public school teacher. At the time of suit the Board of Regents had made no listing of subversive groups nor had any teacher been discharged under the provisions of this enactment. The supreme court of New York, special term, held the law unconstitutional; the appellate division …

Constitutional Law-Commerce Clause-State Regulation Of Interstate Commerce, William O. Allen

Michigan Law Review

The City of Madison enacted an ordinance prohibiting the sale within the municipality's jurisdiction of milk not pasteurized and bottled within five miles of the city's central square. Plaintiff, an Illinois corporation engaged in distributing milk and milk products in Illinois and Wisconsin, had its pasteurization plant in Illinois, approximately sixty-five miles from Madison. After it had been denied a permit to distribute milk in Madison, plaintiff brought an action for a declaratory judgment as to the validity of the ordinance. The ordinance was upheld by the Wisconsin Supreme Court as a reasonable exercise of the municipality's police power. On …

Criminal Law Administration Prior To Trial: Recent Constitutional Developments, Paul H. Sanders

Vanderbilt Law Review

Probably the most pervasive dilemma in human experience is that which poses the choice with respect to the use of normally-condemned means in order to attain what are considered to be desirable ends. The field of criminal law administration offers a particularly apt illustration of the dilemma in modern society. The actual, day-to-day methods of operation of our law enforcement officers, prosecutors, judges and other officials concerned with the investigation, trial and punishment of those charged with crime,--all reflect the choice that has been made in fact by our society. We can each judge, within the limits of our experience, …

A Study Of Liberty, Patricia Underwood

Student Scholarship

This paper explores the complex and evolving definition of liberty within the American political framework, specifically examining how the concept has shifted from a theoretical state of nature to a structured legal reality. The author posits that while the world lacks a singular, static definition of liberty, its fixed fundamentals in the United States are rooted in the rights that citizens reserve for themselves from their government. Historically, this began with the transition from primitive, absolute freedom to group living, where individuals sacrificed certain actions in exchange for the security and conveniences provided by a collective social order. 

A significant …

Book Reviews, Carl B. Swisher, Elvin E. Overton (Reviewer), Jay Murphy (Reviewer), Charlotte Williams (Reviewer), Alexander Holtzoff (Reviewer)

Vanderbilt Law Review

Book Reviews

LIONS UNDER THE THRONE

By Charles P. Curtis, Jr.

Boston: Houghton Mifflin, 1947. Pp. xviii, 368. $3.50

MR. JUSTICE BLACK: THE MAN AND His OPINIONS

By John P. Frank (Introduction by Charles A. Beard)

New York: Knopf Company, 1949.Pp. xix, 357. $4.00

ON UNDERSTANDING THE SUPREME COURT

By Paul A. Freund

Boston: Little, Brown & Co., 1949. Pp. vi, 130. $3.00

MELVILLE VESTON FULLER: CHIEF JUSTICE OF THE UNITED STATES, 1888-1919

By Willard L. King

New York: Macmillan Company, 1950. Pp.394. $5.00

CHIEF JUSTICE STONE AND THE SUPREME COURT

By Samuel J. Konefsky (Prefatory Note by Charles A. …

Strikes, Picketing And The Constitution, Archibald Cox

Vanderbilt Law Review

The law's first response to organized labor activities was to attempt to define by judicial decision the ends for which employees might resort to economic weapons against an employer,' the weapons which they might use in pursuit of lawful objectives, and the occasions on which resort to economic weapons would be curtailed, as in the case of a nationwide railroad strike, because of the danger of a public catastrophe. The effort was unsuccessful. The judge-made law was neither a reflection of the enduring sentiment of the community nor a response to its needs. The subsequent reaction, which took its initial …

Legislative Disqualifications As Bills Of Attainder, Francis D. Wormuth

Vanderbilt Law Review

The separation of powers was first introduced into political discussion during the English Civil Wars of the seventeenth century by the political party known as Levellers. The object was to insure that persons be judged by general and prospective rules. If the legislative authority should decide a particular case, it might be tempted through partiality or prejudice to improvise a special rule for the situation. So the separation of powers was intended to achieve that impartiality in government which Aristotle called "the rule of law."

The doctrine of checks and balances was also introduced into political discussion during the Civil …

Yosifof V. Attorney General, Moshe Landau, Moshe Silberg, Moshe Smoira

Translated Opinions

The appellant, an Israel Jew belonging to the Caucasian community, married in the year 1936. He married a second time in the year 1950 while the first marriage still subsisted. He was convicted of bigamy under s. 181 of the Criminal Code Ordinance, 1936 1) and sentenced to imprisonment for one year. On appeal it was argued that s. 181 was ultra vires the powers of the High Commissioner by reason of Article 17(1)(a) 2)2) of the Palestine Order in Council 1922 (as amended) in that the section introduced discrimination between the inhabitants of Palestine, namely, between Moslems and Jews, …

Procedure-Disqualification Of Government Employees To Act As Jurors In Criminal Cases [Dennis V. United States, U. S. Sup. Ct. 1950)

Washington and Lee Law Review

No abstract provided.

Constitutional Law-Scope Of Police Power As Basis For Regulation Of Practice Of Professions [State V. Boren, Wash. 1950]

Washington and Lee Law Review

No abstract provided.

The Legislative Status Of An Unconstitutional Statute, Earl T. Crawford

Michigan Law Review

Once a statute has been found to violate some constitutional provision, a legislature is faced with a difficult problem of how to change the statute so as to effect the desired policy and still not violate constitutional principles. The general nature of this problem is suggested by such inquiries as these: Will the subsequent overruling of a previous judicial decision declaring a statute unconstitutional require any legislative action to put the statute into effect? Can a statute, which has been held violative of the constitution, be amended by corrective or curative legislation without complete re-enactment if the statute as amended …

Sheib V. Minister Of Defence, Shneor Zalman Cheshin, Yitzhak Olshan, Alfred Witkon

Translated Opinions

A teacher, Dr. Sheib, applied to the Principal of the Reali Montefiore School, Haifa, for employment as a teacher and was accepted subject to confirmation by the Department of Education in the Ministry of Education and Culture.

Pursuant to a general request contained in a circular sent to the principals of all classes of schools by the Director of the Department of Education, that teachers should not be employed save with the consent of the Inspector of Secondary Schools, the acceptance of Dr. Sheib as a teacher had been made conditional by the Principal upon such consent being obtained. Dr. …

Some Elementary Principles Of Constitutional Law, Clyde L. Colson

West Virginia Law Review

No abstract provided.

The Washington Constitutional Convention Of 1889, James L. Fitts

Selected Articles on Washington State Constitution History

No abstract provided.

Administrative Agencies And The Court, Frank E. Cooper

Michigan Legal Studies Series

The limits which courts place on the powers of administrative tribunals have particular significance to practicing attorneys and law students. It is largely to the extent that such limits are imposed, that our government remains a government of laws and not a government of men.

The following pages have been written to describe the standards which the courts impose upon administrative agencies, thereby controlling and limiting their powers. More particularly, the writer has sought: (1) to bring together the leading cases in which the courts have laid down the principles that govern frequently litigated questions in contests between the agencies …

The Washington Constitutional Convention Of 1889, James Leonard Fitts

Selected Books and Theses

Chapters cover Prologue, Framework of Government, the Framework of County Government, Pertaining to the Ballot, the Corporation Article, a Busy Week, Lands and Waters, and an Epilogue. Includes an appendix and bibliography. A thesis submitted in partial fulfillment for the degree of Master of Arts at the University of Washington.

Federal Habeas Corpus And The Equal Protection Clause

Indiana Law Journal

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

AUTOMOBILE INSURANCE--COMPREHENSIVE CLAUSE EXCLUDING MECHANICAL BREAKDOWN--REQUIREMENT THAT EXCLUDED RISK BE SOLE PROXIMATE CAUSE

BAILMENTS--DELIVERY OF POSSESSION--PROPERTY DEPOSITED IN PUBLIC LOCKER

CONSTITUTIONAL LAW--INFRINGEMENT OF CIVIL RIGHTS BY PRIVATE INDIVIDUALS--CAUSE OF ACTION UNDER FEDERAL STATUTE

CONSTITUTIONAL LAW--RIGHT TO JURY TRIAL--ACTION FOR STATUTORY PENALTY UNDER PRICE ..CONTROL ACT

CONSTITUTIONAL LAW--UNITED NATIONS CHARTER--APPLICATION AS TREATY TO RENDER STATE LAW INVALID

CONTRACTS--CONSIDERATION--NEW AGREEMENT TO PAY LESS THAN ORIGINAL CONTRACT PRICE

CONTRACTS--DEFINITION OF TERMS--EFFECT OF PART PERFORMANCE IN MAKING TERMS CERTAIN

COPYRIGHT--ARTIST'S RIGHTS IN PRODUCTION AFTER SALE--"MORAL RIGHT" TO PREVENT DESTRUCTION

CRIMINAL LAW--SEARCHES AND SEIZURES--EFFECTS OF VIOLATION OF CONSTITUTIONAL RIGHT ON JURISDICTION OF FEDERAL COURTS

JOINT …

Municipal Corporations--Municipal Charters--Constitutional Law, J. S. W. Jr.

West Virginia Law Review

No abstract provided.

Constitutional Limitations On The Regulation Of Union And Employer Conduct, Charles O. Gregory

Michigan Law Review

This is a discussion of constitutional issues involved in federal and state regulations pertaining to labor. The importance of substantive due process has dwindled away, except in relation to picketing and Jim Crow unionism. The dominant issue has become the exercise of power, in a jurisdictional sense, to eliminate socially injurious practices. During the past half century the Supreme Court has taken almost all possible positions on these matters. Pursuing the ideal of a living document, the Court has retailored the Constitution to suit the political exigencies and the dominant interest pressures of any given time.

Some Problems In Federal Question Jurisdiction, George B. Fraser, Jr.

Michigan Law Review

Congress has given the federal district courts original and removal jurisdiction of all civil actions arising under the Constitution or laws of the United States, but the power of these courts to hear such cases has been restricted by the Supreme Court of the United States. The Supreme Court holds that the district courts have jurisdiction of a case if a federal question is raised in the complaint, but jurisdiction cannot be based on a federal question in the answer. This means that the district courts are closed to many cases that involve a substantial federal issue, while many cases …