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Recent Cases, Law Review Staff Jun 1958

Recent Cases, Law Review Staff

Vanderbilt Law Review

Automobiles--Owner's Liability Statutes--Application to the Master-Servant Relationship

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Bankruptcy--Discharge--Failure of Creditor to Inform Bankruptcy Court of Bankrupt's Fraud in Procuring Loan

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Bills and Notes--Demand Instruments--Time When Statute of Limitations Begins to Run

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Bills and Notes--Holder in Due Course--Giving a Check in Exchange for Another Negotiable Instrument is not the Giving of Value When the Check Turns Out to be Worthless

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Constitutional Law--Due Process of Law--Use of Perjured Testimony and Suppression of Material Evidence Favorable to Accused in State Criminal Proceedings

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Constitutional Law--Equal Protection of the Laws--Executory Interest Conditioned upon Racial Restriction on Use of Land

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Landowners' Rights In The Air Age: The Airport Dilemma, William B. Harvey Jun 1958

Landowners' Rights In The Air Age: The Airport Dilemma, William B. Harvey

Michigan Law Review

If Lord Tennyson had been a student of the common law, he might well have qualified his poetic foresight of "the heavens fill[ed] with commerce" by some cautious reference to the complaints of landowners below against the "pilots of the purple twilight, dropping down with costly bales." The result doubtless would have been poorer poetry but a far more accurate forecast of the problems to confront mid-20th century lawyers. Although the phenomenal growth of civil aviation since the first World War has opened up a host of difficulties, the only ones of concern in this article are those presenting the …


Constitutional Law - Civil Rights - Recent New York City Ordinance Bans Discrimination In Certain Private Housing Facilities, W. Stanley Walch May 1958

Constitutional Law - Civil Rights - Recent New York City Ordinance Bans Discrimination In Certain Private Housing Facilities, W. Stanley Walch

Michigan Law Review

A recent New York City ordinance is the first anti-discrimination legislation affecting the sale and rental of privately-owned housing to minority groups. The ordinance contains three principal provisions: It (1) forbids racial or religious discrimination by private owners in the selection of tenants or buyers for any "housing accommodation which is located in a multiple dwelling," (2) bans discrimination in the selection of purchasers by a seller of ten or more contiguous housing units, and (3) prohibits the owner or lessor of housing accommodations covered by the ordinance from discriminating because of race or religion in setting the terms of …


Municipal Corporations - Police Power - Sundy Closing Ordinances, David A. Nelson May 1958

Municipal Corporations - Police Power - Sundy Closing Ordinances, David A. Nelson

Michigan Law Review

The City of Chattanooga passed an ordinance making in unlawful "for any person, firm, corporation, or association operating a general merchandise store, department store, hardware, jewelry, furniture, grocery store, super market, meat market, or other similar establishments in the City of Chattanooga, Tennessee, to open such place of business on Sunday; or to sell or offer for sale, give away, or deliver any merchandise, groceries, hardware, jewelry, furniture, meat, produce, or other similar commodities or articles, on Sunday." Plaintiffs brought this action for a declaratory judgment that the ordinance was unconstitutional and for other relief. In the lower court the …


Constitutional Law--Freedom Of Speech--Ordinance Requiring Registration Of Union Organizers Held Violative, J. L. R. Apr 1958

Constitutional Law--Freedom Of Speech--Ordinance Requiring Registration Of Union Organizers Held Violative, J. L. R.

West Virginia Law Review

No abstract provided.


Israel's Emerging Constitution, By Emanuel Rackman, Arnold J. Miller Apr 1958

Israel's Emerging Constitution, By Emanuel Rackman, Arnold J. Miller

Indiana Law Journal

No abstract provided.


Missouri Constitutions: History, Theory And Practice (Continued), William F. Swindler Apr 1958

Missouri Constitutions: History, Theory And Practice (Continued), William F. Swindler

Faculty Publications

No abstract provided.


Constitutional Law - Due Process -Knowledge Of The Law Required For Conviction Under Criminal Registration Ordinance, David C. Berg Apr 1958

Constitutional Law - Due Process -Knowledge Of The Law Required For Conviction Under Criminal Registration Ordinance, David C. Berg

Michigan Law Review

Defendant-appellant was charged with violation of a Los Angeles municipal ordinance which required all persons convicted of a felony in California, or of a crime committed elsewhere which would have been punishable as a felony in California, subsequent to January 1, 1921, to register with the Chief of Police upon remaining in the city longer than five days, or upon making more than five visits to the city within a thirty-day period. At the time of her arrest, appellant had been a resident of Los Angeles for seven years. Within that period she had been convicted (in Los Angeles) of …


Court-Martial Jurisdiction Of Civilian Dependents Mar 1958

Court-Martial Jurisdiction Of Civilian Dependents

Washington and Lee Law Review

No abstract provided.


The Supreme Court And Obscenity, Philip M. Carden Mar 1958

The Supreme Court And Obscenity, Philip M. Carden

Vanderbilt Law Review

The Supreme Court of the United States has now made binding law of its oft-repeated dictum that obscenity is beyond the pale of constitutionally protected free expression. After being spared-or avoiding-the necessity of ruling squarely on the constitutional status of obscene matter for 169 years, the Court addressed itself to virtually every aspect of the whole slippery problem in a single year. The Court disposed of seven obscene publication cases' in the twelvemonths through January, 1958. These included three reversals this term in memorandum decisions merely citing the major opinion of the series, which was handed down in the combined …


Recent Cases, Law Review Staff Mar 1958

Recent Cases, Law Review Staff

Vanderbilt Law Review

Attorneys--Unauthorized Practice of Law--Negligence per se for Which Liable to Injured Person Other than Client

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Conflict of Laws--Choice of Law--Application of Dramshop Act Where Injury Occurs in Another State

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Constitutional Law--Due Process--Legislative Publication of Intercepted Attorney-Client Communication

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Corporations--Stockholders' Rights--Mandamus to Compel Inspection of Corporate Books at Place Outside Forum State

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Creditors' Rights--Federal Tax Liens--Removal of Lien from Property in Hands of Bonafide Purchaser

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Criminal Law--Perjury--Witness Brought before Grand Jury for Primary Purpose of Extracting Perjured Testimony

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Domestic Relations--Torts--Action by Husband against Wife for Negligently inflicted Personal Injuries

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Evidence--Witnesses--Cross-Examination of Character Witness for Accused …


Book Reviews, Edward R. Hayes, Bennett B. Patterson, Elston Roady Mar 1958

Book Reviews, Edward R. Hayes, Bennett B. Patterson, Elston Roady

Vanderbilt Law Review

Anatomy of a Murder

By Robert Traver

This novel of a killing and its consequences has great dramatic qualities and is outstanding in its description of the lawyer's role in defending one accused of crime. The author, who has written several other books under the name of Robert Traver, qualifies as a legal expert through many years of practice in the Upper Peninsula; he has also recently become a Justice on the Supreme Court of Michigan.

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Groups and the Constitution

By Robert A. Horn

The first chapter in the book, which deals with the growth of the freedom of …


Constitutional Law--Due Process--Prosecution's Withholding Evidence Favorable To Defendant Held Violative, T. E. P. Feb 1958

Constitutional Law--Due Process--Prosecution's Withholding Evidence Favorable To Defendant Held Violative, T. E. P.

West Virginia Law Review

No abstract provided.


Constitutional Law--Equal Protection Of The Law--State Regulation Of Money Order Agencies, D. L. Mcc. Feb 1958

Constitutional Law--Equal Protection Of The Law--State Regulation Of Money Order Agencies, D. L. Mcc.

West Virginia Law Review

No abstract provided.


Abstracts Of Recent Cases, J. E. J. Feb 1958

Abstracts Of Recent Cases, J. E. J.

West Virginia Law Review

No abstract provided.


"Congress Shall Make No Law…":Ii, O. John Rogge Feb 1958

"Congress Shall Make No Law…":Ii, O. John Rogge

Michigan Law Review

The framers of the federal bill of rights by the First and Tenth Amendments sought to deny Congress power over utterances unless they were connected with criminal conduct other than advocacy. Any power over such utterances was to reside in the states. However, the Supreme Court departed from the framers' intent.

One of the factors in this development was the emergence of an undefined federal police power. This occurred largely under the commerce and postal clauses. It began over a century ago. As early as 1838 Congress passed a law requiring the installation of safety devices upon steam vessels. Beginning …


Civil Rights - Legislation - The Civil Rights Act Of 1957, Thomas R. Winquist S.Ed. Feb 1958

Civil Rights - Legislation - The Civil Rights Act Of 1957, Thomas R. Winquist S.Ed.

Michigan Law Review

It is the purpose of this comment to note the nature of the prior legislation in the civil rights area, the provisions of the new act and the effect of the new act upon civil rights protection.


Schwartz: The Supreme Court: Constitutional Revolution In Retrospect, Paul G. Kauper Feb 1958

Schwartz: The Supreme Court: Constitutional Revolution In Retrospect, Paul G. Kauper

Michigan Law Review

A Review of The Supreme Court: Constitutional Revolution in Retrospect. By Bernard Schwartz.


Book Review. Essays In Constitutional Law (Robert G. Mccloskey, Ed.), W. Howard Mann Jan 1958

Book Review. Essays In Constitutional Law (Robert G. Mccloskey, Ed.), W. Howard Mann

Articles by Maurer Faculty

No abstract provided.


Federal Power To Regulate Immigration And Judicial Review Of Administrative Orders, Filindo B. Masino Jan 1958

Federal Power To Regulate Immigration And Judicial Review Of Administrative Orders, Filindo B. Masino

Villanova Law Review (1956 - )

No abstract provided.


Recent Decisions, Various Editors Jan 1958

Recent Decisions, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


Recent Decisions, Various Editors Jan 1958

Recent Decisions, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


The President's Use Of Troops To Enforce Federal Law, George H. Faust Jan 1958

The President's Use Of Troops To Enforce Federal Law, George H. Faust

Cleveland State Law Review

The political genius of man has failed to solve one ancient and basic problem of politics. Briefly stated, it is as follows: What shall be the proper division of authority among governments? How much authority shall be given to a central government and how much shall be left to local or state governments?


Congressional Control Of U. S. Supreme Court Jurisdiction, George H. Faust Jan 1958

Congressional Control Of U. S. Supreme Court Jurisdiction, George H. Faust

Cleveland State Law Review

Senate Bill No. 2646 proposed in the Congress is unprecedented in scope. If it is enacted the Supreme Court will be reduced to a virtual nullity. Displeasure with recent decisions of the Court has engendered an attack upon its status which strikes at its vitals. This article is an analysis of the bill and the types of cases over which the Supreme Court would no longer have appellate jurisdiction.


Fire Insurance For Freedom, Clarence Emmett Manion Jan 1958

Fire Insurance For Freedom, Clarence Emmett Manion

Journal Articles

Mr. President Betts, Mr. President-Elect, gentlemen of the International Association of Insurance Counsel and your lovely ladies: I am particularly grateful and edified to a very great extent by the intelligent interest of the advocates of the advocates—may I say that of your lovely wives—for their sustained interest in these legalisms that you have heard here this morning. It is very impressive, and it encourages me to say primarily to the ladies present that what I am ostensibly addressing to the gentlemen, I am really addressing to you. I know, of course, that you are defense lawyers primarily, and I …


The Constitution, Civil Liberties And John Marshall Harlan, Florian Bartosic Jan 1958

The Constitution, Civil Liberties And John Marshall Harlan, Florian Bartosic

Kentucky Law Journal

No abstract provided.


The Italian Constitutional Court In Its First Two Years Of Activity, John Clarke Adams, Paolo Barile Jan 1958

The Italian Constitutional Court In Its First Two Years Of Activity, John Clarke Adams, Paolo Barile

Buffalo Law Review

No abstract provided.


Advisory Opinions In The Federal Judiciary -- A Comparative Study, Wencelas J. Wagner Jan 1958

Advisory Opinions In The Federal Judiciary -- A Comparative Study, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.


Constitutional Limitations On The Legislative Power Of Investigations, Thomas T. Basil Jan 1958

Constitutional Limitations On The Legislative Power Of Investigations, Thomas T. Basil

Buffalo Law Review

No abstract provided.


Missouri Constitutions: History, Theory And Practice, William F. Swindler Jan 1958

Missouri Constitutions: History, Theory And Practice, William F. Swindler

Faculty Publications

No abstract provided.