Digital Commons Network^™

"Congress Shall Make No Law..."*, O. John Rogge

Michigan Law Review

It is the position of the writer that, at least so far as Congress is concerned, speech is as free as thought, and that unless and until speech becomes a part of a course of conduct which Congress can restrain or regulate no federal legislative power over it exists. State power, despite the Fourteenth Amendment, may be somewhat more extensive. Certainly the framers of the First Amendment intended that it should be. This article will deal with federal power over speech.

Constitutional Law - Due Process - Denial Of Admission To The Bar Based On Unwarranted Inferences Of Bad Moral Character, Jerome B. Libin

Michigan Law Review

Power over admission to the bar has long been vested in the judiciary of each state. While the legislature may prescribe certain standards, the state court alone is responsible for the determination of those qualified for the practice of law within its jurisdiction. The application of these standards often demands the exercise of meticulous judgment by the court in reaching its conclusion as to an applicant's fitness. Where, on the evidence or lack of evidence presented, the court finds that it cannot in good conscience grant its approval, the candidate is denied admission. To the extent that such a denial …

The Constitution, Politics And Professor Crosskey, Florian Bartosic

Kentucky Law Journal

No abstract provided.

Admissibility Of Results Of Compulsory Blood Tests To Determine Intoxication, G. W. H. Jr.

West Virginia Law Review

No abstract provided.

Constitutional Law--Obscenity, J. E. J.

West Virginia Law Review

No abstract provided.

Constitutional Law - Due Process -Watkins V. United States As A Limitation On Power Of Congressional Investigating Committees, Allan F. Bioff S. Ed.

Michigan Law Review

It is the purpose of this comment to examine the nature and extent of the restraints imposed by the Watkins case as well as the potential problems raised by the decision.

Constitutional Law - Executive Powers - Use Of Troops To Enforce Federal Laws, Robert H. Elliott Jr., S.Ed., Richard I. Singer S.Ed.

Michigan Law Review

The recent use of federal troops in Little Rock, Arkansas to enforce the order of a federal district court requiring school integration has occasioned widespread controversy throughout the nation. It is the purpose of this comment to examine the constitutionality of such action and to consider its broader implications with respect to federal-state and congressional-executive relationships.

Constitutional Law - Due Process - Limits On Investigative Power Of State Legislative Committees, George E. Lohr

Michigan Law Review

Defendant appeared before the New Hampshire attorney general, who was authorized by statute to investigate violations of the state subversive activities law and to determine if subversive persons, as defined therein, were present within the state. Defendant refused to answer certain questions about the contents of a university class lecture delivered by him and about his knowledge of other persons' activities in the Progressive Party, contending that such questions infringed an area protected by the First Amendment. The state superior court conceded the infringement of defendant's rights, but found this to be justified by state interest in self-protection, and convicted …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Agency--Representations--Liability of Principal for Agent's Assault Where Consent Obtained by Fraud

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Constitutional Law--Due Process--Admissibility in State Criminal Prosecution of Results of Blood Test taken while Accused was Unconscious

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Constitutional Law--Privilege Against Self-Incrimination--Effect of Possible Federal Prosecution on Application of State Immunity Statute in State Criminal Proceedings

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Constitutional Law--Military Jurisdiction--Capital Offenses Committed by Civilian Dependents Accompanying Armed Forces Abroad in Peacetime

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Corporations--Election of Directors--Conflict Between Constitutional Right of Cumulative Voting and Statute Authorizing Classification of Directors

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Corporations--Officers--Secretary--Treasurer's Authority to Institute Litigation

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Corporations--Shareholder Voting Agreements--Applicability of Voting Trust Statute to Pooling Agreement Giving Irrevocable Proxies to …

A Supplement To "Constitutionality Of Marketable Title Acts"-1951-1957, Ralph W. Aigler

Michigan Law Review

An article bearing the title, "Constitutionality of Marketable Title Acts," was published in December 1951. It was there pointed out that such legislation, of which the Michigan act is an example, should be found to be within constitutional limits. It was recognized, however, that direct authority was scarce and that cases that might be deemed pertinent were conflicting.

St. John-Stevas: Obscenity And The Law, William B. Lockhart

Michigan Law Review

A Review of Obscenity and the Law . By Norman St. John-Stevas

Constitutional Law - Due Process - Right Of Witness To Counsel Before State Investigatory Officer, William G. Mateer S.Ed.

Michigan Law Review

After a fire occurred on the premises of appellants' corporation, the state fire marshal started an investigation into the causes of the fire, and subpoenaed appellants to appear as witnesses. Ohio law provides that such investigations may be conducted in private and gives the fire marshal power to punish summarily witnesses who refuse to testify. Appellants refused to testify without the presence of their counsel, who had accompanied them to the place of questioning. Appellants were thereafter committed to the county jail by the deputy fire marshal who conducted the investigation. On appeal from denial of a writ of habeas …

Full Faith And Credit To Judgments And Public Acts, Kurt H. Nadelmann

Michigan Law Review

Interest here is concentrated on full faith and credit for public acts. But what led to insertion of the command respecting public acts cannot be divorced historically from the study of the command of full faith for judgments. The whole field, therefore, has been included in the reexamination. Clarifications obtainable on the "judgments" side, it will be seen, help also on the "public acts" side. On both sides there are historical facts which deserve greater attention than has been hitherto given, and if, as a result, some of the myths surrounding the' Lawyers Clause are exploded, the rethinking may have …

Constitutional Law—Validity Of Denial Of License To Exhibit Motion Picture, Thomas T. Basil

Buffalo Law Review

Excelsior Picture Corporation v. Regents of University, 3 N.Y.2d 237, 165 N.Y.S.2d 42 (1957).

Constitutional Law—Jurisdiction Of State Court Not Pre-Empted By National Housing Act, Robert Kaiser

Buffalo Law Review

Northridge Cooperative v. 32nd Avenue Construction Corporation, 2 N.Y.2d 514, 161 N.Y.S.2d 404 (1957).

Constitutional Law—Invoking Privilege Against Self Incrimination—Grounds For Discharge, Joel Brownstein

Buffalo Law Review

Lerner v. Casey, 2 N.Y.2d 355, 161 N.Y.S.2d 7 (1957).

Constitutional Law—Civil Rights—Discrimination In Public Places, Diane Gaylord

Buffalo Law Review

Castle Hill Beach Club v. Arbury, 2 N.Y.2d 596, 162 N.Y.S.2d 1 (1957).

The Supreme Court And The Spirit Of 1957, Roger Paul Peters

Buffalo Law Review

No abstract provided.

Constitutional Law—Police Power—Unlawful Interference With Business, Edwin Yeager

Buffalo Law Review

Trio Distributor Corp. v. City of Albany, 2 N.Y.2d 690, 163 N.Y.S.2d 585 (1957).

Scope Of Employment Test In Relation To Slander Action, David C. Rittenhouse

William & Mary Law Review

No abstract provided.

Constitutional Law -- 1957 Tennessee Survey, Paul H. Sanders

Vanderbilt Law Review

During the survey period the Tennessee Supreme Court had occasion to deal with a major, though unsuccessful, attack upon the constitutionality of the state legislation providing for the apportionment of Senators and Representatives in the General Assembly. There were also important questions relating to constitutional limitations on the police power in the regulation of insurance and of the number and capacity of gasoline storage tanks by a municipality.

The separation between legislative, executive and judicial powers is made express in the Tennessee Constitution.' In addition, each of these coordinate branches of government is expressly enjoined from performing the functions of …

Due Process Of Law And Notice By Publication

Indiana Law Journal

No abstract provided.

The Progress Of The Law: U. S. Soldier Must Stand Trial In Japan / New Trials Ordered For California Communist Leaders / Limitation Of The Power Of Congressional Committees / Virginia Loses School Plea / Court Congestion At 57 Year Low / A Tooth For A Tooth / Support Based On Father's Means / Astrologer's Market Tips Legal / Jet Noise No Ground For Suit / Prison Offer Obtains New Hearing / Necrological

NYLS Law Review

No abstract provided.

Labor Law - Nlra - "Roving Situs" Picketing As Violation Of Section 8(B)(4)(A), William K. Muir Jr.

Michigan Law Review

Respondent union sought to organize the crane and dragline operators of a manufacturer of ready-mixed cement and posted pickets about the local manufacturing plant. During the working day each of the employer's delivery trucks crossed the picket line at least twice. In addition, the union established a roving picket line which circulated about the manufacturer's trucks while they were making deliveries to customers at local construction sites. The roving picketing lasted only so long as the workers of the primary employer remained on the customer's premises. The pickets at all times stayed within six hundred feet of the trucks. The …

Constitutional Law - Due Process - Adequacy Of Notice By Publication, Cyril Moscow S.Ed.

Michigan Law Review

In condemnation proceedings instituted by a city against a landowner, notice of proceedings to determine his compensation was given only by publication in the official city newspaper. The statute in force called for notice either in writing or by publication. After the time authorized for appeal from a compensation award had elapsed, the landowner brought an equitable action to enjoin the city from entering upon the property, alleging that he knew nothing of the condemnation proceedings until after the time for appeal had passed. The trial court denied relief, holding that the newspaper publication was sufficient notice to meet due …

Municipal Corporations - Police Power - Constitutional Validity Of Curfew Ordinance, John A. Ziegler S.Ed.

Michigan Law Review

Appellant-petitioner was charged with a violation of a city ordinance making it a misdemeanor to assist any minor under the age of seventeen to violate the curfew laws. The curfew ordinance prohibits minors under the age of seventeen from being in any public place between IO P.M. and 5 A.M. unless accompanied by parent or guardian, or unless the presence of the minor is connected with and required by some legitimate business, trade, profession or occupation in which the minor is engaged. Petitioner moved to dismiss the complaint at the preliminary hearing on the grounds that the ordinance was an …

Dismissal Of State Employee Without Hearing Upon His Claiming Privilege Against Self-Incrimination Held Illegal, Thomas H. Rosinski

Buffalo Law Review

Slochower v. Board of Higher Education, 350 U. S. 551 (1956).

Statutory Innovation In The Obscenity Field, June A. Murray

Buffalo Law Review

Brown v. Kingsley Books, 1 N. Y. 2d 179, 186, 134 N. E. 2d 461, (1956).

Individual Freedom And Governmental Restraints, Lee Silverstein

West Virginia Law Review

No abstract provided.

Vagaries And Varieties In Constitutional Interpretation, Albert L. Sturm

West Virginia Law Review

No abstract provided.