Digital Commons Network^™

The Original And Exclusive Jurisdiction Of The United States Supreme Court, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.

State Taxation Of Interstate Commerce, Charles Harper Anderson

Faculty Publications

No abstract provided.

Constitutional Law-Due Process-Bill Of Attainder-Loyalty Oaths For City Employee, James I. Huston

Michigan Law Review

In 1948, pursuant to an amendment to its charter, Los Angeles passed an ordinance which provided that all city employees must (1) take an oath that they did not espouse, and had not espoused within five years prior to the effective date of the ordinance, the forceful overthrow of the government; that they were not, nor had they been within the same period, affiliated with a group espousing such aims, and that they would not join any such group while in city employ, and (2) execute an affidavit relating whether they had ever belonged to the Communist Party, and if …

Recent Cases, Law Review Staff

Vanderbilt Law Review

RECENT CASES

ADMINISTRATIVE LAW--FINANCIAL RESPONSIBILITY ACT--REVOCATION OF DRIVER'S LICENSE WITHOUT HEARING

CONSTITUTIONAL LAW--ECONOMIC REGULATION--STATE COURT INTERPRETATIONS OF SUBSTANTIVE DUE PROCESS

CONSTITUTIONAL LAW--EMINENT DOMAIN FOR SLUM CLEARANCE--EFFECT OF SALE OR LEASE OF PROPERTY TO PRIVATE PERSONS FOR REDEVELOPMENT

CONSTITUTIONAL LAW--INTERGOVERNMENTAL RELATIONS--STATE SALES TAX ON INDEPENDENT CONTRACTOR DEALING WITH FEDERAL AGENCY WHOSE "ACTIVITIES" ARE EXEMPTED

CRIMINAL LAW--EFFECT OF PROOF OF COMPLETED CRIME ON CHARGE OF ATTEMPT--FATAL VARIANCE

FEDERAL JURISDICTION--FORUM NON CONVENIENS--STAY OF FEDERAL ACTION PENDING STATE DECISION

INSANE PERSONS--COMMITMENT PROCEEDINGS--REQUIREMENT OF REASONABLE NOTICE

RIGHT OF PRIVACY--PUBLICATION OF PICTURES AS OFFENSE TO "ORDINARY SENSIBILITIES"--QUESTION OF LAW OR FACT?

TRUSTS--DUALITY OF INTEREST--MERGER OF TITLE …

Limitations On Municipal Indebtedness, John L. Bowers Jr.

Vanderbilt Law Review

Not a single state has seen fit to leave its cities unrestricted in the amount of indebtedness each might incur.' Assuming that the nature of a proposed expenditure is such that it is recognized as a legitimate municipal expense, the limitations imposed upon total indebtedness may yet prevent extension of a city's credit. Thus, a city may have a particular financing scheme invalidated simply because of the circumstance that its present indebtedness is so close to the limit that the contemplated increase would force the total amount to exceed the maximum allowable.

Three sources of limitation are commonly found today. …

Constitutional Law—Ordinance Restricting Door To Door Sales Held Constitutional, Joseph A. Taddeo

Buffalo Law Review

Breard v. City of Alexandria, 71 S. Ct. 920, (1951).

Public Use, Public Policy And Recent Developments In The Law Of Eminent Domain, Morree Levine

Buffalo Law Review

No abstract provided.

Constitutional Law, Morris B. Abram, Robert B. Mckay

Mercer Law Review

Georgia appellate courts did not in the year under discussion have the occasion to pass on as many interesting and complex constitutional situations as in-the prior year. To a large extent the constitutional questions in the period related to matters of criminal law and procedure, and it was in this field, perhaps, more than any other that the principal decisions lay.

The Court And The Constitution. By Owen J. Roberts., Jacob D. Hyman

Buffalo Law Review

No abstract provided.

Constitutional Law—Separation Of Church And State—New York Release Time Program, Spero L. Yianilos

Buffalo Law Review

Zorach v. Clauson, 198 Misc. 631, 99 N. Y. S. 2d 339 (Sup. Ct. 1950); Afd. 278 App. Div. 573, 102 N. Y. S. 2d 27 (2nd Dept. 1951); Aff'd. 303 N. Y. 161, 100 N. E. 2d 463 (1951).

Avoidance Of Constitutional Issues In The United States Supreme Court: Liberties Of The First Amendment, Burton C. Bernard

Michigan Law Review

The frequently criticized reluctance of the Supreme Court to consider complaints of unconstitutional governmental action is manifested in the utilization by the Court of various rules of avoidance of constitutional issues. Uncompromising defense of this self-restraint would not be easy to reconcile with the Court's pronounced sensitivity, in modem times, to the liberties of the First Amendment. This article will examine the considerations underlying the traditional restraint, and will suggest that the Court should modify several of its rules of avoidance, at least when liberties of the First Amendment are threatened.

Probate Proceedings-Administration Of Decedents' Estates- The Mullane Case And Due Process Of Law, Nolan W. Carson S.Ed.

Michigan Law Review

In a recent decision by the United States Supreme Court, a new chapter has been added to the law on the requisites of notice under the due process clause of the Constitution. This case held that publication of notice prior to a judicial settlement of accounts by the corporate trustee of a common trust fund does not afford due process of law to those beneficiaries with present interests whose addresses are known to the trustee. The court refused to classify the action as in rem or in personam but held that whatever its technical definition, the published notice was not …

Constitutional Law-Standards For Testing Validity Of State Regulations Affecting Interstate Commerce [Dean Milk Co. V. City Of Madison, U.S. Sup. Ct. 1951].

Washington and Lee Law Review

No abstract provided.

Jabotinsky V. Weizmann, Moshe Smoira, Menachem Dunkelblum, Shneor Zalman Cheshin, Shimon Agranat, Moshe Silberg

Translated Opinions

The High Court will not issue an order of mandamus against the President of the State directing him as to the method of carrying out his duties under section 9 of the Law of Transition, 1949. Such a matter is not justiciable.

By section 11(d) of the above-mentioned Law "The Government which receives a vote of no-confidence from the Knesset, or which has decided to resign, shall immediately tender its resignation to the President of the State, but it shall continue to exercise its functions pending the constitution of a new Government in accordance with the provisions of this Law." …

Book Reviews, George H. Pickar, Edward L. Barrett Jr., Rudolph Heitz, Charles E. Corker, Warren M. Ballard, W. F. Zacharias, Stefan A. Riesenfeld, Julius Cohen, Charles A. Reynard, Robert Kingsley, Jacob D. Hyman, James Lake, Arthur W. Stokes, Francis A. Allen, Paul A. Freund, Richard W. Jennings, Joseph E. Goodbar, Kenneth Redden, James A. Rahl, Charles L. B. Lowndes

Journal of Legal Education

No abstract provided.

Constitutional Law-Civil Rights-Discharge Of Teachers For Subversive Activity, William H. Bates

Michigan Law Review

An action was brought seeking a declaratory judgment as to the constitutionality of New York's Feinberg law. The statute provided that the Board of Regents of the University of the State of New York should list organizations found to be subversive. Membership in such organizations was made prima facie disqualification for the position of public school teacher. At the time of suit the Board of Regents had made no listing of subversive groups nor had any teacher been discharged under the provisions of this enactment. The supreme court of New York, special term, held the law unconstitutional; the appellate division …

Constitutional Law-Commerce Clause-State Regulation Of Interstate Commerce, William O. Allen

Michigan Law Review

The City of Madison enacted an ordinance prohibiting the sale within the municipality's jurisdiction of milk not pasteurized and bottled within five miles of the city's central square. Plaintiff, an Illinois corporation engaged in distributing milk and milk products in Illinois and Wisconsin, had its pasteurization plant in Illinois, approximately sixty-five miles from Madison. After it had been denied a permit to distribute milk in Madison, plaintiff brought an action for a declaratory judgment as to the validity of the ordinance. The ordinance was upheld by the Wisconsin Supreme Court as a reasonable exercise of the municipality's police power. On …

Criminal Law Administration Prior To Trial: Recent Constitutional Developments, Paul H. Sanders

Vanderbilt Law Review

Probably the most pervasive dilemma in human experience is that which poses the choice with respect to the use of normally-condemned means in order to attain what are considered to be desirable ends. The field of criminal law administration offers a particularly apt illustration of the dilemma in modern society. The actual, day-to-day methods of operation of our law enforcement officers, prosecutors, judges and other officials concerned with the investigation, trial and punishment of those charged with crime,--all reflect the choice that has been made in fact by our society. We can each judge, within the limits of our experience, …

A Study Of Liberty, Patricia Underwood

Student Scholarship

This paper explores the complex and evolving definition of liberty within the American political framework, specifically examining how the concept has shifted from a theoretical state of nature to a structured legal reality. The author posits that while the world lacks a singular, static definition of liberty, its fixed fundamentals in the United States are rooted in the rights that citizens reserve for themselves from their government. Historically, this began with the transition from primitive, absolute freedom to group living, where individuals sacrificed certain actions in exchange for the security and conveniences provided by a collective social order. 

A significant …

Constitutional Law-Due Process Of Law-Thornhill Reexamined, Rex Eames S.Ed.

Michigan Law Review

In the spring of 1940, the Isle of Thornhill emerged from the watery depths and assumed a position in the Sea of American Constitutional Law. The discoverors of this Isle indicated their success was largely due to certain revelations made known three years· before by another highly distinguished explorer. The pronouncement in 1940 of the Isle's existence excited great furor and debate among the professional geographers as to its substance and future utility. In the early days of its discovery, Thornhill's area and coastline were not precisely or clearly charted, and only through several subsequent voyages have these important …

Recent Cases, Law Review Staff

Vanderbilt Law Review

RECENT CASES

CONSTITUTIONAL LAW--INTERSTATE COMMERCE--VALIDITY OF CARRIER REGULATION REQUIRING RACIAL SEGREGATION

===================================

CONSTITUTIONAL LAW--POLITICAL QUESTIONS--GEORGIA COUNTY UNIT VOTE SYSTEM

===================================

DIVORCE--ALIMONY IN DEFAULT DECREES--POWER OF COURT TOWARD ALIMONY IN ABSENCE OF PRAYER THEREFOR IN COMPLAINT

===================================

EVIDENCE--PROOF OF CORPUS DELICTI--CORROBORATION OF DEFENDANT'S CONFESSION BY HIS OWN SPONTANEOUS STATEMENTS

===================================

FEDERAL COURTS--VENUE--USE OF STATE NONRESIDENT MOTORIST STATUTE TO IMPLY WAIVER

===================================

GIFT TAXES--TRANSFER MADE UNDER DIVORCE DECREE INCORPORATING PREDIVORCE PROPERTY SETTLEMENT--EFFECT OF PROVISION IN SETTLEMENT THAT IT WOULD BE BINDING REGARDLESS OF TERMS OF DIVORCE DECREE

===================================

INSURANCE--NOTICE TO AGENT REPRESENTING TWO INSURERS--ESTOPPEL PREVENTING COMPANY SECONDARILY LIABLE FROM CLAIMING AGAINST COMPANY …

The Charter And The Constitution: The Human Rights Provisions In American Law, Oscar Schachter

Vanderbilt Law Review

The United Nations has added new complications to the well-worn subject of treaties and the Constitution. The issues have arisen principally in the field of human rights and, inevitably, constitutional discussions have reflected the political as well as the legal complexities. One consequence has been an apparent shift in legal positions: bar association leaders, long devoted to strict construction, have been inclined recently to stress the broad and expansive character of the treaty power and the supremacy clause ; in contrast, U.S. Government officials normally expected to support federal power have increasingly emphasized constitutional limitations. In political terms, this turnabout …

Book Reviews, Carl B. Swisher, Elvin E. Overton (Reviewer), Jay Murphy (Reviewer), Charlotte Williams (Reviewer), Alexander Holtzoff (Reviewer)

Vanderbilt Law Review

Book Reviews

LIONS UNDER THE THRONE

By Charles P. Curtis, Jr.

Boston: Houghton Mifflin, 1947. Pp. xviii, 368. $3.50

MR. JUSTICE BLACK: THE MAN AND His OPINIONS

By John P. Frank (Introduction by Charles A. Beard)

New York: Knopf Company, 1949.Pp. xix, 357. $4.00

ON UNDERSTANDING THE SUPREME COURT

By Paul A. Freund

Boston: Little, Brown & Co., 1949. Pp. vi, 130. $3.00

MELVILLE VESTON FULLER: CHIEF JUSTICE OF THE UNITED STATES, 1888-1919

By Willard L. King

New York: Macmillan Company, 1950. Pp.394. $5.00

CHIEF JUSTICE STONE AND THE SUPREME COURT

By Samuel J. Konefsky (Prefatory Note by Charles A. …

Unicameralism And The Indiana Constitutional Convention Of 1850, Val Nolan Jr.

Indiana Law Journal

No abstract provided.

Cases And Materials On Constitutional Law, By John P. Fran, Thomas Reed Powell

Indiana Law Journal

No abstract provided.

Constitutional Law—Civil Rights—"Threat" To Public Order Held Superior To Freedom Of Speech, Edward S. Spector

Buffalo Law Review

Feiner v. New York, __ U. S. __, 71 S. Ct. 303 (1951).

Recent Constitutional Developments On Personal Jurisdiction Of Courts, Virginia B. Cowan

Vanderbilt Law Review

In strict logic, the concept of the power of courts to deal in personam with controversies is said to be a constant and the extension of jurisdiction merely an appropriation of pre-existing power. More realistically, it is obvious that, as institutions and citizens become increasingly mobile and migratory, the courts are obliged to keep their jurisdictional machinery abreast of the times in order that legal processes may continue to be the effective arbiter of disputes in our society. Regardless of what terms are used to describe the source of the power, it is traditionally conceived to be limited by the …

A Modern Supreme Court In A Modern World, Charles F. Curtis

Vanderbilt Law Review

It is all very well, indeed it is very good, to bear down on the fact that the author of the Constitution was, and still is, "We the People of the United States." But there is more sentiment than explanation in it. We think too much about who is the author of the Constitution. Of course it was not the Convention of 1789, nor the First Congress which wrote the Bill of Rights, nor the Thirty-Ninth which wrote the Fourteenth Amendment. It was We the People, but even when we have recognized this, all we have done is recognize that …

Current Constitutional Problems In Federal Taxation, Charles L.B. Lowndes

Vanderbilt Law Review

The most significant constitutional problem in federal taxation today is the absence of constitutional problems. The federal income, estate and gift taxes all encountered an extremely critical reception at the hands of the courts and suffered serious constitutional set-backs early in their careers. Today, however, they function in a constitutional climate as benevolent as it was formerly hostile. A microscopic analysis of the present federal tax system may reveal minor irregularities which might conceivably be magnified into major constitutional issues. From a practical point of view, however, the chance of invalidating a federal tax assessment on constitutional grounds is infinitesimal. …

Strikes, Picketing And The Constitution, Archibald Cox

Vanderbilt Law Review

The law's first response to organized labor activities was to attempt to define by judicial decision the ends for which employees might resort to economic weapons against an employer,' the weapons which they might use in pursuit of lawful objectives, and the occasions on which resort to economic weapons would be curtailed, as in the case of a nationwide railroad strike, because of the danger of a public catastrophe. The effort was unsuccessful. The judge-made law was neither a reflection of the enduring sentiment of the community nor a response to its needs. The subsequent reaction, which took its initial …