Digital Commons Network^™

Constitutional Law - Statute Prohibiting Sale Of Evaporated Skimmed Milk In Other Than Ten Pound Containers Held Arbitrary And Not A Vaid Exercise Of Police Power / Criminal Law - Improper And Prejudicial Conduct Of The Prosecutor Which Remained Unadmonished By The Presiding Justice Coupled With An Unnecessary Delay In Arraignment Held To Constitute Reversible Error Despite Overwhelming Proof Of Guilt

NYLS Law Review

No abstract provided.

Severance Damage In Eminent Domain Proceedings, Sheldon J. Plager

Articles by Maurer Faculty

No abstract provided.

Chafee, Jr.: The Blessings Of Liberty, Nathaniel Nathanson

Michigan Law Review

A Review of The Blessings of Liberty. By Zechariah Chafee, Jr.

Compelling The Testimony Of Political Deviants, O. John Rogge

Michigan Law Review

Besides the two specific problems which the new federal act presents, namely, whether it imposes nonjudicial functions on federal courts, and whether it should, does and can protect against the substantial danger of state prosecution, there is a general objection that one can raise against it, and to other acts of the same type: they relate to the area of belief and opinion, the very area which was involved when the English people, spearheaded by the Puritans, engaged in the struggle with the Crown that finally resulted in the establishment of a right of silence. At least if we are …

Passports--A Modern Gordian Knot, Melvin Scott

Kentucky Law Journal

No abstract provided.

The Present Status Of The "Clear And Present Danger Test"--A Brief History And Some Observations, Louis B. Lusk

Kentucky Law Journal

No abstract provided.

The Brown Decisions And The Advisory Opinion, Paul Saad

Kentucky Law Journal

No abstract provided.

Book Reviews, John P. Frank, Malcolm P. Sharp, Edward S. Stimson, Oliver Schroeder Jr., Clarence J. Morrow, Bertram K. Wolfe, Malcolm D. Talbott, William H. Agnor, Clarence M. Updegraff

Journal of Legal Education

No abstract provided.

A Missing Link In The Evolution Of Due Process, Wallace Mendelson

Vanderbilt Law Review

On the eve of the American Revolution, Blackstone could comment that "so great.., is the regard of the [English] law for private property ... it will not authorize the least violation of it; no, not even for the general good of the whole community."' A similar concern for proprietary interests soon found expression on this side of the Atlantic in what Professor Corwin has called "The Basic Doctrine of American Constitutional Law"; namely, the "doctrine of vested interests." The general purport of this concept was that "the effect of legislation on existing property rights was a primary test of its …

Book Reviews, Robert J. Harris, John Raeburn Green (Reviewer), H. C. Nixon (Reviewer)

Vanderbilt Law Review

----------------------------------- Book Reviews ----------------------------------

The Forgotten Ninth Amendment

By Bennett B. Patterson

Indianapolis: The Bobbs-Merrill Company, 1955. Pp. ix, 217. $4.00.

reviewer: Robert J. Harris

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The Birth of the Bill of Rights, 1776-1791

By Robert Allen Rutland

Chapel Hill: University of North Carolina Press, 1955. Pp. vii,243. $5.00.

reviewer: John Raeburn Green

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James Wilson: Founding Father, 1742-1798

By Charles Page Smith

Chapel Hill: University of North Carolina Press, 1956. Pp. xii, 426.$7.50.

reviewer: H. C. Nixon

Constitutional Law--Equal Protection--Appellate Review In Criminal Case Based On Ability To Pay, R. M.

West Virginia Law Review

No abstract provided.

Constitutional Law--Procedural Due Process--Exclusion From Public Employment For Invoking The Fifth Amendment, C. R. S.

West Virginia Law Review

No abstract provided.

Constitutional Law - Eminent Domain - Condemnation Of Riparian Lands Under The Commerce Power, George F. Lynch S.Ed.

Michigan Law Review

The power of the United States to regulate commerce comprehends a right to control navigation and the means of navigation. To the extent necessary for the enjoyment of this power the government may condemn riparian property. The federal power of eminent domain is limited by the mandate of the Fifth Amendment which requires just compensation for private property taken for a public use. Usually, the standard of just compensation is the market value of the property, taking into consideration the most profitable uses for which the property is suited and likely to be used at the time of the taking, …

Compelling The Testimony Of Political Deviants, O. John Rogge

Michigan Law Review

At the last term the United States Supreme Court in Ullmann v. United States upheld the constitutionality of paragraph (c) of a federal act of August 1954 which seeks to compel the testimony of communists and other political deviants. Paragraph (c) relates to witnesses before federal courts and grand juries. The Court specifically left open the question of the validity of paragraphs (a) and (b) relating to congressional witnesses. Justice Frankfurter delivered the Court's opinion. Justice Douglas, with the concurrence of Justice Black, wrote a dissent.

It is our purpose to consider the background, history and terms of this compulsory …

Constitutional Law - Due Process - Notice Required To Validate Tax Foreclosure Of Property Of Known Mental Incompetent, Frank M. Lacey S.Ed.

Michigan Law Review

On May 8, 1952, the town of Somers instituted an action to foreclose a number of tax liens. One of these was upon the property owned by a person known in the community to be a mental incompetent, but who had not yet been so certified by a court. Notice was given to the incompetent taxpayer in compliance with the statute by mail, posting, and publication. When she failed to answer within the prescribed period, foreclosure was entered and a deed to her property delivered to the town. Five days later she was declared a person of unsound mind, and …

Constitutional Law - Courts-Martial - Power Of Congress To Provide For Military Jurisdiction Over Civilians, Whitmore Gray S.Ed.

Michigan Law Review

During the past term the Supreme Court decided three cases involving the constitutionality of court-martial jurisdiction over certain groups of civilians. In United States ex rel. Toth v. Quarles the Court held that Congress could not constitutionally provide for military trial of a discharged serviceman for offenses committed during his term of service. In two subsequent cases the Court rejected the contention that the Toth decision announced a principle applicable to any exercise of jurisdiction over civilians by the military courts in upholding the provisions of the Uniform Code of Military Justice for military jurisdiction over civilian dependents accompanying American …

Constitutional Law - Freedom Of Religion - Fluoridation Of City Water, John M. Webb S.Ed.

Michigan Law Review

In its proprietary capacity the City of Bend maintains and operates a water system with the exclusive right to supply water to its inhabitants. In February 1952 the mayor and city commissioners adopted an ordinance providing for the introduction of fluorine into the water supply to reduce dental caries in the teeth of young children. The plaintiff as a resident and taxpayer brought suit to enjoin such action. A demurrer to his complaint was sustained. On appeal, held, affirmed. A city, in the exercise of its police power, may enact reasonable regulations for the protection of the public health, …

Constitutional Law—New Element In Rate-Fixing, June Murray

Buffalo Law Review

New York Tel. Co. v. Public Service Comm'n, 309 N. Y. 569, 132 N. E. 2d 847 (1956).

Constitutional Law—Full Faith And Credit, Gerald Baskey

Buffalo Law Review

Connoly v. Bell, 309 N. Y. 581, 132 N. E. 2d 582 (1956).

Treaties Versus The Constitution. Roger Lea Macbride., Paul A. Pfretzschner

Buffalo Law Review

No abstract provided.

Constitutional Law—Limitations On Police Power, June Murray

Buffalo Law Review

Defiance Milk Products Co. v. Du Mond, 309 N. Y. 537, 132 N. E. 2d 829 (1956).

Separation Of Powers Doctrine: Historical Sources, Albert Conway

NYLS Law Review

No abstract provided.

Book Reviews, Ralph C. Barnhart, Leonard F. Manning, Coleman Karesh, Wilfred J. Ritz, Edward J. Freeman, Thomas Broden Jr., E. C. Bolmeier, A. Kenneth Pye, Philip K. Yonge, Joseph T. Tinnelly C.M., Thomas I. Emerson

Journal of Legal Education

No abstract provided.

Constitutional Law -- 1956 Tennessee Survey, Paul H. Sanders

Vanderbilt Law Review

Several major constitutional problems were presented to the Tennessee Supreme Court during the survey year. There were no startling developments in the court's disposition of these cases, nor in the opinions proclaimed in each instance. The court avoided what it termed a "spectacular exhibition of judicial sophistry" in giving constitutional approval to certain activities of a religious nature in the public schools. In the regulation of economic affairs the court found no valid basis for a statute prohibiting the offering of benefits or premiums in connection with the sale of gasoline. Basic allocations of governmental power were involved in a …

The No-War Clause In The Japanese Constitution, P. Allan Dionisopoulos

Indiana Law Journal

No abstract provided.

Anti-Picketing Injunctions In State Courts As Affected By Free Speech, E. W. C.

West Virginia Law Review

No abstract provided.

Constitutional Law--Due Process--Waiver Of Right To Object To Composition Of Grand Jury, B. F. D.

West Virginia Law Review

No abstract provided.

Constitutional Law--Public Health--Mandamus, H. R. A. Jr.

West Virginia Law Review

No abstract provided.

Courts--Supervisory Powers--Enjoinment Of Federal Narcotics Agent From Testifying In State Court, T. E. P.

West Virginia Law Review

No abstract provided.

Washington Case Law—1955; Constitutional Law, Eugene C. Anderson

Washington Law Review

The articles of this survey have been prepared for publication as a part of the nominee program for membership on the Washington Law Review. The actual writing was done by the second-year members of the Law Review, under the guidance of the third-year members of the Board. The survey, the third of its kind, does not represent an attempt to discuss every Washington case decided in 1955. Rather, its purpose is to point out those cases which, in the opinion of the Board of Editors, constitute substantial additions to the body of law in Washington. Covers cases on: requirement that …