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Silva: Presidential Succession, Wilber M. Brucker, Jr. S. Ed.

Michigan Law Review

A Review of PRESIDENTIAL SUCCESSION. By Ruth C. Silva.

Constitutional Law—Freedom Of Religion—Chest X-Ray As A Condition Of Admission To State University, Gordon F. Crandall

Washington Law Review

The Board of Regents of the University of Washington required that each student submit to a chest X-Ray examination for the purpose of disclosing tubercular infection. P, a Christian Scientist, sought to register for her senior year, and when she refused to submit to the examination she was denied admission. She then petitioned to the Regents for an exemption on the ground that to submit would violate her religious convictions. The petition was denied, and P now seeks a writ of mandamus to compel the Regents to admit her without requiring the X-Ray examination, contending, inter alia, that the requirement …

Book Reviews, Thomas Reed Powell, Bernard D. Meltzer, Louis L. Jaffe, Edward D. Morgan, Paul H. Sanders, Neill H. Alford Jr., Carl M. Franklin, Fowler Harper, Robert E. Childs, David E. Watts, Joseph L. Frascona, Maynard E. Pirsig, Samuel M. Fahr, Robert S. Stevens, Corwin W. Johnson, W. Friedmann, Thomas A. Cowan

Journal of Legal Education

No abstract provided.

Taxation Of Interstate Commerce, L. A. S.

West Virginia Law Review

No abstract provided.

Ohio Valley Panorama, Albert S. Abel

West Virginia Law Review

The past and present applications of the Compact Clause of the United States Constitution have been explored elsewhere so clearly and amply that their further investigation would be unrewarding. The stated ground of decision in West Virginia ex rel. Dyer v. Sims opens up for the interstate compact a promising future as a device for co-operative government. A contrary decision would have seriously, indeed almost fatally, weakened the clause. Adoption of proposed alternative reasons could have made its strength a matter of more menace than promise. The former conclusion is fairly obvious, the latter perhaps less so. The task of …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Adverse Possession--Statutes--May One Acquire an Indefeasible Life Estate under Tennessee Code Section 8582

Constitutional Law--Freedom of the Press--Effect of City Ordinance Prohibiting Solicitation of Magazine Subscriptions without Prior Consent of Person Solicited

Constitutional Law--Statutes--Requirement of Loyalty Oath as Valid Exercise of Police Power

Contracts--Procurement of Government Contracts on Contingent Fee Basis--Effect of Executive Order

Criminal Law--Mens Rea--Requirement in Action for Converting Government Property--Necessity for Criminal Intent

Damages--Injury to Child--Expenses of Parent in Attending Child

Divorce--Determination of Place Where Abandonment Occurs--Effect of Residence Requirement for Bringing Action

Domestic Relations--Legitimation Statute--Interpretation and Effect

Evidence--Unreasonable Searches and Seizures--Admissibility of Evidence Obtained …

The Role Of The Privy Council In Judicial Review Of The Canadian Constitution--A Post-Script, Edward Mcwhinney

Vanderbilt Law Review

In its Preamble, the Constitution of Canada speaks of the desire of the Provinces of Canada to be "federally united into one Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in principle to that of the United Kingdom." Historically, then, the Constitution of Canada like the Constitution of the United States, stems from a compact between a number of different territorial units: the Provinces of Lower Canada (Quebec), Upper Canada (Ontario), and the two eastern maritime Provinces of Nova Scotia and New Brtnswick, joined together in 1867 to form the new …

The Unhappy History Of Civil Rights Legislation, Eugene Gressman

Michigan Law Review

The enforcement by federal legislation of the constitutional right of individuals is a story written largely in terms of confusion, distortion and frustration. Seldom, if ever, have the power and the purposes of legislation been rendered so impotent. Indeed, this story constitutes one of the saddest chapters in the historic struggle to effectuate the American ideal of freedom and equality for all.

Constitutional Law-Evidence-Use Of Illegally Obtained Evidence And Due Process Of Law, Allan Neef S.Ed.

Michigan Law Review

It is fundamental, even in a federal system, that a state be free to regulate the procedure of its courts in accordance with its own conceptions of proper policy, subject only to constitutional limitations safeguarding individuals from arbitrary action by the state. In the United States this constitutional protection is two-fold-both state and federal constitutions acting as limitations on state action. As a result, a problem arises as to what extent the federal courts can, in the enforcement of federal constitutional limitations, override state criminal procedures and the policies underlying them. It is clear that the states have, by virtue …

Constitutional Law-Judcial Powers-State Taxpayer Denied Standing As Party In Interest In Bible Reading Case, Frank M. Bowen, Jr. S.Ed.

Michigan Law Review

Plaintiffs sought a judgment to declare unconstitutional a New Jersey statute which required the reading of five verses of the Old Testament at the opening of each day in the public schools. Plaintiffs contended that the practice under the statute was an "establishment of religion" prohibited by the First Amendment and applicable to the several states through the "due process" clause of the Fourteenth Amendment Both plaintiffs were taxpayers of New Jersey, and one was also the parent of a child who had attended a public school, but had left school before the appeal was taken. The Supreme Court of …

Group Libel And Criminal Libel, Alvin M. Glick

Buffalo Law Review

No abstract provided.

Eminent Domain—Private Property Destroyed Pursuant To Scorched Earth Policy—Held Compensable, Neil R. Farmelo

Buffalo Law Review

Caltex (Phillipines) Inc. v. United States, 100 Fed. Supp. 970 (Ct. Cl. 1951).

Equal Protection Of Law—Racial Restrictive Covenants—Damages For Breach Allowed, Maynard C. Schaus Jr.

Buffalo Law Review

Correll v. Earley, __ Okl. __, 237 P. 2d 1017 (1951).

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONSTITUTIONAL LAW--RACIAL RESTRICTIVE COVENANTS--ALLOWANCE OF DAMAGES FOR BREACH

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CORPORATIONS--PARENT AND SUBSIDIARY--SUBSIDIARY AS INSTRUMENTALITY OF PARENT WHEN USED TO CARRY ON UNFAIR TRADE PRACTICES

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EVIDENCE--ADMISSIBILITY OF CONFESSION--SCOPE OF REVIEW OF COURT-MARTIAL BY COURT OF MILITARY APPEALS

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EVIDENCE--CONFLICT OF LAWS--APPLICATION OF DOCTRINE OF RES IPSA LOQUITUR

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EVIDENCE--DUE PROCESS--USE IN STATE PROSECUTION OF EVIDENCE FORCIBLY OBTAINED BY STOMACH PUMP

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EVIDENCE--ENTRIES IN THE REGULAR COURSE OF BUSINESS--TEST FOR EXTENT OF ADMISSIBILITY UNDER FEDERAL JUDICIAL CODE

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EVIDENCE--HEARSAY--ADOPTION OF LIBERAL ADMISSION RULES OF ADMINISTRATIVE TRIBUNALS IN ANTITRUST COURT ACTION

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EVIDENCE--IMPEACHMENT OF ONE'S OWN WITNESS--USE OF PRIOR INCONSISTENT STATEMENTS

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Constitutional Law-Commerce Clause-Freedom Of Press-Amenability Of Newspaper To Sherman Anti-Trust Act, William K. Davenport

Michigan Law Review

Until a competing radio station appeared on the scene in 1948, defendant newspaper was the only medium for mass advertising available in the Lorain, Ohio area. In an effort to regain its monopoly position and eliminate the radio station as a competitor, defendant inaugurated a policy of refusing to accept custom from advertisers who employed the services of its rival. Both the newspaper and the radio station received news dispatches, advertising copy, payments, and other materials from sources outside Ohio, but neither had any appreciable audience beyond the borders of the state. In a civil action brought by the United …

Discipline Of Judges, Frederic M. Miller

Michigan Law Review

In most of the states, judges of the appellate courts and of the trial courts of general jurisdiction are subject to discipline or removal from office by impeachment at the hands of the legislature, pursuant to constitutional provisions analogous to those applicable to the Federal Judiciary. Such proceedings are seldom instituted. The survey indicates that, during the 20 year period from 1928 to 1948, only three impeachment proceedings were prosecuted and in all three the defense prevailed.

Constitutional Law-Due Process-Restrictions Upon Advertising, Joseph M. Kortenhof

Michigan Law Review

In its efforts to combat gasoline price wars and the fraud that allegedly accompanied them, the City of Pontiac enacted an ordinance designed to restrict the scope of gasoline advertising. It provided that: "No sign or placard stating the price or prices of gasoline other than such signs or placards as hereinabove provided [signs not larger than 12 by 12 inches attached to pumps] shall be posted or maintained on the premises on which said gasoline is sold or offered for sale." Defendant retailed gasoline; by combining hauling and retailing into one operation, savings of about four cents a gallon …

Constitutional Law-Executive Powers-Right To Remove Executive Employees Without Judicial Trial, William E. Beringer

Michigan Law Review

Plaintiff was reinstated in the classified civil service of the federal government on the condition that removal might be ordered if, "on all the evidence, reasonable grounds exist for belief that the [plaintiff] is disloyal to the Government of the United States." Such evidence having allegedly been uncovered, dismissal followed, with a ban against federal employment for three years. The specific grounds for suspicion were never revealed to plaintiff, and no opportunity was ever afforded to confront, cross-examine, or learn the identity of those who had informed against her. Plaintiff sought an order of reinstatement in the federal district court, …

Constitutional Law-Due Process Of Law-Admissibility Of Confessions Under The Fourteenth Amendment, Harold G. Christensen S.Ed.

Michigan Law Review

The Supreme Court announced in 1936 that under certain circumstances the admission of a confession into evidence by a state court could amount to a denial of due process as guaranteed by the Fourteenth Amendment. Since that time there has been an increasing number of appeals seeking reversal of a conviction upon that ground and an expansion by the Court of the types of factual situations which will render a confession inadmissible. That this expansion reached its apex with the case of Watts v. Indiana and companion cases decided in 1949 appears probable in the light of a recent denial …

Constitutional Law-Due Process-Freedom Of Expression- Commerce Clause-Clause-"Green River" Ordinance As Applied To Door To Door Solicitation For Magazine Subscriptions, C. E. Lombardi, Jr. S.Ed.

Michigan Law Review

In their famous article on the right of privacy, Warren and Brandeis noted that the common law protection of the right of privacy in the home was far more highly developed than the protection given to individual privacy in other respects. "The common law has always recognized a man's house as his castle, impregnable, often, even to its own officers engaged in the execution of its commands." The common law impregnability has met perhaps its stiffest test when those attacking it have sought constitutional protection. The recent decision of the Supreme Court in the case of Breard v. City of …

State Statutes And The Full Faith And Credit Clause -- Hughes V. Fetter, Jay A. Hanover

Vanderbilt Law Review

The full faith and credit clause of the Constitution' has commonly been regarded as concerned only with the enforcement of foreign judgments between the states of the Union. The numerous cases which have come before the Supreme Court have dealt almost exclusively with the "judicial Proceedings" phrase of the clause, while the words "public Acts" and "Records" have been, for the most part, left untapped as a source of decisional law. It has only been in recent years that the Supreme Court has broadened its approach by applying the full faith and credit clause to the legislative acts of the …

Constitutional Law--Fifth Amendment--Privilege Against Self-Incrimination By Admission Of Occupation And Of Knowledge Of Whereabouts Of A Fugitive Witness, Lois Hambro

Michigan Law Review

Petitioner, who was known as an underworld character and racketeer, was subpoenaed before a federal grand jury investigating federal crime and rackets and was asked his occupation and business and whether he had seen, talked to, or knew the whereabouts of a certain person upon whom a subpoena had been issued but not served requiring such fugitive person to appear before a federal grand jury. He refused to answer on the ground of the constitutional privilege against self-incrimination. Petitioner was adjudged in contempt of court for refusal to answer the questions. The court of appeals affirmed the judgment and the …

Legal And Social Control Of Abortion, Myer S. Tulkoff

Kentucky Law Journal

No abstract provided.

The Meaning Of "One Subject" In The Kentucky Constitution, James S. Kostas

Kentucky Law Journal

No abstract provided.

Constitutionality Of Residential Segregation Ordinances, James S. Kostas

Kentucky Law Journal

No abstract provided.

Review Of How To Keep Our Liberty By Raymond Moley, Clarence Emmett Manion

Journal Articles

How To Keep Our Liberty: A Program for Political Action. By Raymond Moley. New York: Alfred A. Knopf, Inc., 1952. Pp. xxvii, 339. $4.00. — In this interesting and valuable book, Mr. Moley proposes to do something about the disturbed state of our political weather. Pertinently he says: "Merely to bewail a trend is not to correct it." The American wants to know what to do about it (viz., the preservation of his liberty). The threat to liberty is "Statism," which the author interprets to be "the intervention by government in economic, social and personal life." Statism is thus frankly …

Access To Official Information: A Neglected Constitutional Right

Indiana Law Journal

No abstract provided.

Constitutional Amendments, Ruth Mcquown

Kentucky Law Journal

No abstract provided.

Search And Seizure Under The Fourth Amendment As Interpreted By The United States Supreme Court, E. G. Trimble

Kentucky Law Journal

No abstract provided.

Freedom Of Speech And Motion Pictures--The "Miracle" Decision, Thomas P. Lewis

Kentucky Law Journal

No abstract provided.