Digital Commons Network^™

Book Reviews, Dale F. Stansbury, Malcolm P. Sharp, Arthur T. Von Mehren, John S. Bradway, James D. Ghiardi, Thomas H. Eliot, Julius Paul, W. Howard Mann

Journal of Legal Education

No abstract provided.

Constitutional Law--Due Process--Pre-Need Burial Contract Statute Held Unconstitutional, M. D. W. Jr.

West Virginia Law Review

No abstract provided.

Constitutional Law--Delegation Of Legislative Power--Time Fixing Statute, L. S. D.

West Virginia Law Review

No abstract provided.

Constitutional Law--Nationality--Involuntary Expatriation, R. G. D.

West Virginia Law Review

No abstract provided.

Constitutional Law - Right To Jury Trial In Indirect Criminal Contempts In Federal Courts, Denis T. Rice S.Ed.

Michigan Law Review

Should constitutional provisions for jury trial apply to contempts committed outside the physical presence of a federal court? The United States Supreme Court, in the recent case of Green v. United States, reviewed this long disputed question. The case involved two Communist Party leaders who had been convicted of Smith Act violations and then had "jumped bail" when they disappeared in violation of surrender orders requiring their presence in court for sentencing. After four and a half years as fugitives they surrendered in 1956 and were charged with criminal contempt of court. Following a so-called "summary" hearing (without the …

Recent Cases, Law Review Staff

Vanderbilt Law Review

In a hearing before the Commissioner of Investigation of the City of New York, appellant refused to state whether he was then a member of the Communist Party and based his refusal to answer on the fifth amendment to the United States Constitution. He was thereafter discharged as an employee of the New York Transit Authority pursuant to provisions of the New York Security Risk Law' which allows dismissal of employees of security agencies who are found to be of "doubtful trust and reliability." Without seeking administrative remedies, appellant brought a proceeding in the state court for reinstatement contending that …

Civil Procedure - Jurisdiction - Service Of Process On Foreign Television Corporation, Arnold Henson S.Ed.

Michigan Law Review

Defendant, a West Virginia corporation, operated a television station in Huntington, West Virginia. Its telecasts regularly reached into Boyd County, Kentucky, where part of its customary viewing audience was located. During a twelve-month period in 1954-1955 the corporation derived $71,310.30 in advertising revenue from Kentucky firms, although the contracts for this advertising were made outside Kentucky. In the course of a newscast defendant published an alleged libel against plaintiff, and suit was brought in Boyd County Court. Substituted service of process was made on the Secretary of State in accordance with the Kentucky "doing business" statute, and defendant then removed …

Constitutional Law - State Action - Imposing Criminal Penalties To Enforce Private Discrimination, Melvyn I. Mozinski S.Ed.

Michigan Law Review

Defendants, Negroes, entered a section of a private restaurant designated to be for "White" patrons only. Although they were denied service, they refused to comply with the proprietor's request to leave. Defendants were subsequently arrested by a police officer after declining his offer not to arrest if they would depart, and were tried for violation of the state's criminal trespass statutes. They were found guilty of a misdemeanor. On appeal, held, sustained. Defendants have no constitutionally protected right not to be discriminated against by an operator of a private enterprise. State v. Clyburn, 247 N.C. 455, 101 S.E. …

Scientific Investigation And Defendants' Rights, B. J. George Jr.

Michigan Law Review

Advances in science, medicine and industry have made much of the world a more pleasant place in which to live. In general more men are living a physically more satisfying life in more comfortable surroundings than preceding generations. But with this has come a parallel increase in criminality to the point that the term "crime wave" is heard with increasing frequency. Many crimes are facilitated in their commission by adaption or application of new scientific discoveries by criminal elements. A natural consequence is that already overburdened police departments turn as quickly as is financially possible to new scientific techniques in …

Constitutional Law—Sale Of Land To Denominational School For Redevelopment Project By Municipality Not Unconstitutional, Buffalo Law Review

Buffalo Law Review

64th St. Residences v. City of New York, 4 N.Y.2d 268, 174 N.Y.S.2d 1 (1958).

Constitutional Law—Municipal Regulation Of Transport And Dumping Of Garbage, Buffalo Law Review

Buffalo Law Review

Wiggins v. Town of Somers, 4 N.Y.2d 215, 173 N.Y.S.2d 579 (1958).

Constitutional Law—Statute Unconstitutional For Vagueness, Buffalo Law Review

Buffalo Law Review

People v. Firth, 3 N.Y.2d 472, 168 N.Y.S.2d 949 (1957).

Governmental Power And New York Indian Lands—A Reassessment Of A Persistent Problem Of Federal-State Relations, Gerald Gunther

Buffalo Law Review

No abstract provided.

Constitutional Law—Unconstitutionality Of City Ordinance Against Lounging Or Loitering On Public Streets, Buffalo Law Review

Buffalo Law Review

People v. Diaz, 4 N.Y.2d 469, 176 N.Y.S.2d 313 (1958).

Constitutional Law—Motion Picture Censorship, Buffalo Law Review

Buffalo Law Review

Kingsley Int'l Pictures Corp. v. Regents, 4 N.Y.2d 349, 175 N.Y.S.2d 39 (1958), appeal docketed 27 U.S.L. WEEK 3087 (U.S. Sept. 30, 1958) (No. 394).

The Supreme Court: Constitutional Revolution In Retrospect, By Bernard Schwartz, Irving Dilliard

Indiana Law Journal

No abstract provided.

Indiana, 1851, Alaska, 1956: A Century Of Difference In State Constitutions, P. Allan Dionisopoulos

Indiana Law Journal

No abstract provided.

Pennsylvania V. Nelson: A Case Study In Federal Pre-Emption, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Constitutional Law—Free Transcript Required For Appeal By Indigent Prisoner, Buffalo Law Review

Buffalo Law Review

People v. Pride, 3 N.Y.2d 545, 170 N.Y.S.2d 321 (1958).

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Conflict of Laws--Jurisdiction--Assumption of Personal Jurisdiction over Non-Resident Insurer on the basis of a Single Insurance Contract

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Constitutional Law--Taxation--Tax Immunity of Federal Government not Infringed by Local Taxes upon Possession of Government Property

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Evidence--Hearsay--Utterance of Employee under Emotional Stress Admissible to Establish Scope of Employment and Render Employer Vicariously Liable

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Insurance--Automobile--Duplicating Recoveries allowed under Liability and Medical Payment Clauses of Automobile Liability Insurance Policy

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Insurance--Business Indemnity--Radiation Decontamination Expenses not Recoverable under a Business Interruption Clause

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Insurance--Life--Variable Annuity Contracts not Subject to Regulation by Securities and Exchange Commission

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Physicians--Unprofessional Conduct--Willful Evasion of Federal …

Book Review, Law Review Staff

Vanderbilt Law Review

The National Probation and Parole Association has been working for over 35 years to improve the administration of justice and in the publication of "Guides for Sentencing" it has provided one of its most important services to judges who are charged with the administration of criminal justice and to juvenile and domestic relations courts. The book is the first of a series of practical manuals for all of the above named courts and it is the result of the combined labors of 37 specially selected United States, state and juvenile judges for a period of about five years. Bolitha J. …

Motor Carrier Regulation--An Adventure In Federalism, Val Sanford

Vanderbilt Law Review

By virtue of the nature of our federal system every attempt to regulate extensive economic activity involves constantly recurring problems as to the proper allocation of governmental power between the state and national governments, and thus problems as to the proper balancing of local or state and national interests. The development of motor carrier regulation in the United States has been controlled by the general concepts of federalism and exemplifies the nature of the basic problems inherent in those concepts. The purpose of this article is to examine the regulation of motor carriers from the standpoint of the allocation of …

Constitutional Law -- 1958 Tennessee Survey, Elvin E. Overton

Vanderbilt Law Review

State constitutional law decisions, lacking the universality of application of many other fields of the law, are vital and of significance frequently only to the local bar and local public officials. There is another difference between state constitutional law decisions, and federal constitutional law decisions: state courts are inclined to deal with state constitutional issues with an emphasis on the pragmatic problem of deciding the case and getting it out of the way,rather than with an emphasis on completing the blue print-of seeking to establish the general principle which reflects the conflicting policies struggling for recognition. In most United States …

The Constitutional Aspects Of Washington's Fiscal Crisis, Alfred E. Harsch, George A. Shipman

Washington Law Review

The aim of this paper is to sketch the scope and nature of the current problem, to explore the legal rigidities that dominate it, and to suggest the apparent steps prerequisite to realistic, durable and workable solutions.

United States V. Yale Todd (U.S. 1794), Wilfred J. Ritz

Washington and Lee Law Review

No abstract provided.

Constitutional Law, William B. Stoebuck, Robert D. Green

Washington Law Review

Covers cases on dams and waterpower—eminent domain—interstate commerce—municipal corporations—res judicata—state officers—the Cowlitz Dam Case (Stoebuck) and on treaties with Indians—fishing rights (Green).

The Development Of Constitutional Guarantees Of Liberty, By Roscoe Pound, Howard Jay Graham

Indiana Law Journal

No abstract provided.

Criminal Law--Confinement In The Penitentiary Without Indictment--Escape From Illegal Custody, I. A. P. Jr.

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, J. L. R.

West Virginia Law Review

No abstract provided.

Four Proposed Amendments To The West Virginia Constitution, Stanley E. Dadisman

West Virginia Law Review

Four proposed amendments to the West Virginia Constitution are to be submitted to the voters for adoption or rejection at the general election to be held on November 4, 1958. These four amendments were proposed in Senate Joint Resolutions Nos. 1, 4, 5 and 8, adopted by the West Virginia Legislature at the regular 1957 session,2 and are separate and distinct from the general constitutional revision study for which the West Virginia Commission on Constitutional Revision was created by Senate Concurrent Resolution No. 58 at the same session of the legislature. For the convenient reference of West Virginia attorneys and …