Digital Commons Network^™

Constitutional Law- Due Process- Conviction Without Evidence Of Guilt, Donald A. Slichter

Michigan Law Review

Petitioner was convicted in the Police Court of Louisville, Kentucky, of two offenses. After seeing petitioner "dancing by himself" on the dance floor, the police charged him with loitering; when he became argumentative about this arrest, he was also charged with disorderly conduct. Although he protested that he had come into the restaurant where he was arrested to "wait on a bus" and have a meal, he was nevertheless taken into custody. At the trial the arresting officer testified that the manager had told him that petitioner had been there "a little over a half hour and that he had …

Constitutional Law- Search And Seizure- Search Incidental To An Administrative Arrest, James J. White

Michigan Law Review

As a preliminary to deportation proceedings, defendant, Rudolf I. Abel, was arrested in his hotel room by Immigration and Naturalization Service agents who acted pursuant to a valid administrative arrest warrant. After the arrest, but without a search warrant, the INS searched Abel's room and seized evidence later used in his trial for espionage. In the district court Abel moved to suppress this evidence on the theory that the search violated the fourth amendment. The district court's denial of the motion was affirmed by the Court of Appeals for the Second Circuit. On certiorari to the United States Supreme Court, …

Mayers: Shall We Amend The Fifth Amendment?, B. J. George Jr.

Michigan Law Review

A Review of Shall We Amend the Fifth Amendment? ? By Lewis Mayers

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Conflict of Laws--Implied Warranties Governed by Law of the State Most Closely Associated with the Contract

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Constitutional Law--Due Process--Absolute Statutory Prohibition of the Use of Contraceptives Not a Violation of Rights Secured by Fourteenth Amendment

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Constitutional Law--Freedoms of Speech and Press--Ordinance Prohibiting Distribution of Handbills Without Identification of Author Violates Fourteenth Amendment

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Contracts--Termination--Employment for Indefinite Duration not Terminable for Refusal of Employee to Commit Perjury

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Evidence--Federal Courts--Evidence Obtained by State Officers Through Unreasonable Search and Seizure Inadmissible in Federal Courts

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Judgments--Limitation of Overruling Decision to Parties Before the Court and to Causes of …

Constitutional Law - Governmental Immunity - Immunity Of Agent Of Federal Government To State Taxation, Robert M. Steed S.Ed.

Michigan Law Review

E. I. du Pont de Nemours and Company contracted with the Atomic Energy Commission to construct and operate the Savannah River Project for development of the hydrogen bomb for a fee of one dollar. Under the contract du Pont was to purchase all materials and supplies with funds furnished by the United States, title to vest in the government immediately when it passed from the vendor. South Carolina attempted to apply its sales and use taxes to these purchases. In an action by the United States and du Pont before a statutory three-judge district court to enjoin collection of these …

Constitutional Law—Failure To Poll Jury Held Not To Be Denial Of Due Process, Buffalo Law Review

Buffalo Law Review

People v. Marilla, 7 N.Y.2d 319, 197 N.Y.S.2d 154 (1960).

Constitutional Law—Bright Light Driving Statute Held Not Vague, Buffalo Law Review

Buffalo Law Review

People v. Meola, 7 N.Y.2d 391, 198 N.Y.S.2d 276 (1960).

Constitutional Law—Existing Emergency Rent Controls Justified, Buffalo Law Review

Buffalo Law Review

Lincoln Building Associates v. Jame, 8 N.Y.2d 179, 203 N.Z.S.2d 86 (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—Attorney's Refusal To Testify At Inquiry Into ·Unethical Practices Ground For Disbarment, Buffalo Law Review

Buffalo Law Review

In re Cohen, 7 N.Y.2d 488, 199 N.YS.2d 658 (1960).

Constitutional Law—Delegation Of Power To Municipality To Tax Limited, Buffalo Law Review

Buffalo Law Review

United States Steel Corp. v. Gerosa, 7 N.Y.2d 454, 199 N.Y.S.2d 457 (1959).

Constitutional Law—Magistrates' Court Given Power To Try Misdemeanors, Buffalo Law Review

Buffalo Law Review

People v. Peck, 7 N.Y.2d 76, 195 N.Y.S.2d 637 (1959).

Constitutional Law—Statutes Certifying Psychologists Held Valid, Buffalo Law Review

Buffalo Law Review

National Psychological Association v. University of State of New York, 8 N.Y.2d 197, 203 N.Y.S.2d 821 (1960).

Shall We Amend The Fifth Amendment, By Lewis Mayers, Daniel H. Pollitt

Indiana Law Journal

No abstract provided.

The Court V. The Legislature: Rule Making Power In Indiana

Indiana Law Journal

No abstract provided.

Constitutional Law—Admissibility Of Confessions Obtained After Indictment, Buffalo Law Review

Buffalo Law Review

People v. DiBiasi, 7 N.Y.2d 544, 200 N.YS.2d 21 (1960).

Constitutional Law—Compulsion To Testify After Immunity Has Geen Granted, Buffalo Law Review

Buffalo Law Review

In re Second Additional Grand Jury (Cioffi), 8 N.Y.2d 220, 203 N.Y..2d 841 (1960).

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).

Constitutional Law--1960 Tennessee Survey, James C. Kirby Jr.

Vanderbilt Law Review

Eminent Domain--Just Compensation.-Landowners sued the Tennessee Commissioner of Highways and Public Works for compensation for a taking of property for the state's superhighway program in Brooksbank v. Leech. The trial court sustained a demurrer on the ground that the suit was barred by sovereign immunity. In order to dispose of this question on appeal the supreme court first determined whether the legislature had provided an adequate statutory method for just compensation, the absence of which would have rendered the taking unconstitutional under both article I, section 21, of the Constitution of Tennessee and the due process clause of the United …

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

Faculty Publications

No abstract provided.

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.

The Eavesdroppers, By Samuel Dash, Alfred Alvins

Indiana Law Journal

No abstract provided.

Washington Case Law—1959; Constitutional Law, Joyce M. Thomas, Timothy R. Clifford

Washington Law Review

Presented below is the seventh annual Survey of Washington Case Law. The articles in this survey issue have been written by second-year students as a part of their program to attain status as nominees to the Law Review. The second-year students were guided in their work by the Casenote Survey Editor of the Law Review and by various members of the law school faculty. The case survey issue does not represent an attempt to discuss every Washington case decided in 1959. Rather, its purpose is to point out those cases which, in the opinion of the Editorial Board, constitute substantial …

Book Reviews, Willard L. Boyd, Robert Meisenholder, Robert H. Skilton, Charles Seligson, Allan F. Smith, Charles L. B. Lowndes, Elvin E. Overton, Julio Cueto-Rua, W. Paul Gormley, John J. Yeager, James A. Rahl, Carl H. Fulda

Journal of Legal Education

No abstract provided.

The Courts And Bible Reading In The Public Schools, A. G. H.

West Virginia Law Review

No abstract provided.

The Constitutions Of West Germany And The United States: A Comparative Study, Paul G. Kauper

Michigan Law Review

The purpose of this article is to present a descriptive overall picture of the fundamental features of the system established by the Basic Law and at the same time point up significant comparisons and contrasts by reference to the Constitution. Eleven years have now elapsed since the Basic Law went into effect, and significant decisions of the Federal Constitutional Court (Bundesverfassungsgericht ) noted at the appropriate points, serve to illuminate the working of the system established by it.

Public Speech And Public Order In Britain And The United States, Richard E. Stewart

Vanderbilt Law Review

This paper will not attempt a general comparison of free speech in Britain and the United States. It concentrates on one aspect of the free speech problem. That aspect is speech that does or may lead to a breach of the peace by the audience.'

Free Will In The Frontiers Of Federalism, John R. Brown

Michigan Law Review

In an assembly dedicated, as this one is, to frontiers in law and legal education in celebration of the centennial of this great Law School and forecasting what is to be expected in the next one hundred years, the idea of states' rights-of the federal-state relationship-has seemed almost ironic.

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 …

Greenberg: Race Relations And American Law, Spencer L. Kimball

Michigan Law Review

A Review of RACE RELATIONS AND AMERICAN LAW. By Jack Greenberg.