Digital Commons Network^™

The Line Between Federal And State Court Jurisdiction, Leslie A. Anderson

Michigan Law Review

From the beginning of this nation, there have been controversies involving the division of jurisdiction between federal and state courts. Often, these controversies have centered on the diversity of citizenship provision of the federal constitution. Today, however, the more poignant question is whether any division of jurisdiction between the federal and state systems retains logical bases.

Although myriad developments have relevancy with respect to this question, I have here focused upon two of the more important ones: the increasing overlap of subject matter being litigated in federal and state courts and the growing uniformity of standards to be applied in …

Obscenity: Roth Goes To The Movies, John T. O'Mara

Buffalo Law Review

No abstract provided.

Constitutional Rights In The Public Sector: Justice Douglas On Liberty In The Welfare State, Hans A. Linde

Washington Law Review

Although the needs of the national economy and national security have vastly expanded the public sector, it is the direct underwriting of individual living standards and social services that characterizes the welfare state. Inevitably, conflicts between the views and objectives of the welfare state's political management and the views of some claimants to welfare state benefits have put in issue the constitutional limitations on the power to deny, withdraw, or condition such benefits. And inevitably, the cry of "constitutional rights" in public programs has been countered with the cry of "privilege." The arguments were already familiar when Mr. Justice Douglas …

Constitutional Law--Extension Of State Credit--Inductrial Development Bond Act, Ralph Judy Bean Jr.

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, Frank Cuomo Jr.

West Virginia Law Review

No abstract provided.

Mr. Justice Black, Constitutional Review, And The Talisman Of State Action, William W. Van Alstyne

Faculty Publications

In an endorsement of Justice Black’s dissent in Bell v. Maryland, this work argues in favors of Black’s interpretation of the state action requirement and attempts to make sense of Black’s understanding in other cases where he found state action in similar private circumstances.

Kauper: Religion And The Constitution, Wilber G. Katz

Michigan Law Review

A Review of Religion and the Constitution. By Paul G. Kauper.

Group Legal Services And The Right Of Association, Michigan Law Review

Michigan Law Review

The United States Supreme Court has recently curtailed the reach of state statutes that prohibit solicitation of legal business. In two unprecedented opinions the Court has held that the soliciting activities of lay organizations fall within the protection of the right of association.

Constitutional Law - Freedom Of Religion - Hallucinogens: The Right To Spirited Spiritualism. People V. Woody, 40 Cal. Rptr. 69 (1964), Penelope Dalton

William & Mary Law Review

No abstract provided.

65/03/11 Stipulation Of Fact And Evidence, Louis Stokes, Reuben M. Payne

Eighth Judicial District of Ohio, Court of Appeals, Cuyahoga County

"By stipulation and agreement by and between Reuben Payne, Assistant County Prosecutor, on behalf of the State of Ohio, and Louis Stokes, on behalf of the defendants, Motion to Suppress the Evidence filed by the said Louis Stokes on behalf of the defendants, John W. Terry and Richard D. Chilton, were consolidated for the purpose of hearing on the Motions to Suppress.

The defendants had each been indicted for the offense of Carrying Concealed Weapons under separate indictments. The defendant John W. Terry had been indicted in the Court of Common Pleas, Criminal Branch, under case number 79491. The defendant …

Theodore Roosevelt And The Appointment Of Mr. Justice Moody, Paul T. Heffron

Vanderbilt Law Review

The author here describes the events leading to the appointment of William Henry Moody to the United States Supreme Court. Here counts the pressures brought to bear on President Theodore Roosevelt and the considerations which led to the President's selection of Moody over Horace Harmon Lurton.

Salmon P. Chase: Chief Justice, David F. Hughes

Vanderbilt Law Review

This article is not an in-depth study of some aspect of Salmon P. Chase's career as Chief Justice. Nor is it a survey of his judicial career. Rather, it is an attempt to present an overall view of Chase as Chief Justice through an examination of a limited number of topics. Such an approach seemed appropriate, for the sweep of his days on the Court are not well enough known to make a detailed study of one aspect of his career particularly valuable, nor is enough known about him to make a summary more than an exercise in superficiality. In …

Justice William 0. Douglas And The Concept Of A "Fair Trial", Helen S. Thomas

Vanderbilt Law Review

This article seeks briefly to demonstrate the ways in which this basic commitment of Justice Douglas bear on particular constitutional issues, particularly with regard to criminal cases. The article treats these issues under five general headings: detention; the right to counsel; bail; the right to trial by jury; and trial procedures. Some overlapping between sections cannot be avoided; but it is hoped that this organization will bring the problems more sharply into focus.

Commissioner May Examine Taxpayer's Records For Years Barred By Statute Of Limitations Without Proving Reasonable Suspicion Of Fraud--United States V. Powell, Michigan Law Review

Michigan Law Review

The Commissioner of Internal Revenue has power to summon witnesses and to examine records in order to ascertain the correctness of a taxpayer's return. If a summons is not obeyed or if the records sought are not produced, the Commissioner may seek enforcement by applying to the proper federal district court. Although the Commissioner's investigative powers are broad, they are not unlimited. In the absence of fraud, he must act within the confines of a three-year statute of limitations. In addition, the Code makes it abundantly clear that taxpayers may not be subjected to unnecessary examinations or investigations and that …

Unconstitutional Racial Classification And De Facto Segregation, Joseph A. Milchen

Michigan Law Review

Classification along racial lines, when involving state action, is unconstitutional. Such classification may violate the due process or equal protection clause of the fourteenth amendment or the fifteenth amendment, and it has been held invalid in the fields of education, transportation, voting, recreational facilities, ownership and use of real property, and jury selection.

Constitutional Right To Jury Trial In Criminal Contempt Cases?-United States V. Barnett, Michigan Law Review

Michigan Law Review

Federal courts historically have had the power to try criminal contempt cases without a jury. There is a virtually uninterrupted 150-year line of cases which holds that contempt is not a "Crime" or "criminal prosecution" within the meaning of article III and the sixth amendment to the Constitution. Superficially, the decision in United States v. Barnett is in accord with these precedents. However, in an important "dictum," footnote number 12, the majority cautioned that "punishment by summary trial without a jury would be constitutionally limited to that penalty provided for petty offenses." Although the Court itself styles this comment a …

Product Picketing-A New Loophole In Section 8(H) (4) Of The National Labor Relations Act?, Michael A. Warner

Michigan Law Review

Legal writers have been intrigued for years by the challenge of classifying and identifying the resulting incidents of the joint and survivor bank deposit when an attempt is made to use it as a mode of effectuating a donor depositor's intention to confer benefits on a donee co-depositor. Much in their discussions is useful to one who is concerned with the concept that has evolved in Michigan, where a 1909 statute states that some co-depositors are presumed to be joint tenants. Michigan judges and practitioners must determine, however, whether comment about national trends is applicable here, for in many respects …

Constitutional Law - Illegal Search And Seizure, Samuel J. Pasquarelli

Duquesne Law Review

The rule announced in Mapp v. Ohio will not be used to overturn any conviction finally adjudicated before Mapp v. Ohio was decided.

Linkletter v. Walker, 85 Sup. Ct. 1731 (1965).

Constitutional Law - Self-Incrimination, John F. Yetter

Duquesne Law Review

That section of the Subversive Activities Control Act requiring individual members of the Communist Party to register with the Justice Department violates registrants' fifth amendment privilege against self-incrimination.

Albertson v. Subversive Activities Control Board, 86 Sup. Ct. 194 (1965).

Constitutional Law - Civil Rights, Frank Regan Nerone, John W. Latella

Duquesne Law Review

Public Accommodations Under the Civil Rights Act of 1964.

Heart of Atlanta Motel, Inc. v. United States, 85 Sup. Ct. 348 (1964).

Constitutional Law - Reapportionment, Andrew M. Schifinio, Dennis Gerard Long

Duquesne Law Review

The Pennsylvania Reapportionment Act held unconstitutional.

Butcher v. Bloom, 415 Pa. 438, 203 A. 2d 556 (1964)

Constitutional Law - Right To Travel - Area Restrictions, F. Regan Nerone

Duquesne Law Review

Area Restrictions-Congressional intent of Passport Act of 1926 and Immigration & Nationality Act of 1952.

Zemel v. Rusk, 381 U. S. 1, 85 Sup. Ct. 1271 (1965).

Constitutional Law - Right To Counsel, Steven K. Yablonski

Duquesne Law Review

Accused's right to counsel attaches at the accusatory stage of the proceedings even though no request for counsel is made.

United States ex rel. Russo v. New Jersey, 351 F.2d 429 (3d Cir. 1965).

Recent Judicial Concepts Of Cruel And Unusual Punishment, Allen Sultan

Villanova Law Review (1956 - )

No abstract provided.

Constitutionality Of Miscegenation Statutes - Mclaughlin V. Florida, Lee M. Miller

Maryland Law Review

No abstract provided.

Religious Accommodation Under Sherbert V. Verner: The Common Sense Of The Matter, Richard H. Zainboldi

Villanova Law Review (1956 - )

No abstract provided.

The Foreign Agents Registration Act - The Spotlight Of Pitiless Publicity, Francis R. O'Hara

Villanova Law Review (1956 - )

No abstract provided.

A Blueprint For Censorship Of Obscene Material: Standards For Procedural Due Process, John A. Luchsinger

Villanova Law Review (1956 - )

No abstract provided.

Recent Developments In Eminent Domain In Arkansas, Robert R. Wright

Law Faculty Scholarship

No abstract provided.

Double Jeopardy V. Double Punishment--Confusion In California, Michael J. Bruce

San Diego Law Review

This Article proposes to clarify this area of criminal practice. California Penal Code § 1023, prohibiting multiple prosecutions, and California Penal Code § 654, prohibiting multiple punishment for the same act or omission, are often misapplied by the California criminal courts. California Penal Code § 1023 sets down two tests to determine whether jeopardy has attached: the "identity of the offense" test and the "necessarily included offense" test. California Penal Code § 654 proscribes double punishment using concurrent sentencing, and prevents double jeopardy using not only the "necessarily included offense" test from § 1023, but also a broader "indivisible transaction" …