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Constitutional Law

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Recent Cases, Law Review Staff Apr 1949

Recent Cases, Law Review Staff

Vanderbilt Law Review

ADMINISTRATIVE LAW--RADIO LICENSES--FCC CONTROL OF RADIO PROGRAMMING

CONSTITUTIONAL LAW--CORPORATIONS--STATUTE REQUIRING SECURITY FOR COSTS IN STOCKHOLDER'S DERIVATIVE SUIT

CONSTRUCTIVE TRUSTS--TAX SALES--RIGHT OF REMAINDERMAN TO PURCHASE AT TAX SALE TO THE EXCLUSION OF LIFE TENANT

CRIMINAL PROCEDURE--EVIDENCE--EXCLUSION OF VOLUNTARY CONFESSION OBTAINED DURING ILLEGAL DETENTION

DOMESTIC RELATIONS--ALIMONY-POWER OF COURT TO MODIFY OR REMIT PAST DUE INSTALLMENTS

EMINENT DOMAIN--REMOVAL COSTS WHEN PART OF A LEASE IS TAKEN--EFFECT OF RENEWAL OF OPTION TAKING ALL OF LEASE

EVIDENCE--CHARACTER WITNESS FOR ACCUSED--CROSS-EXAMINATION AS TO KNOWLEDGE OF ARREST MANY YEARS PREVIOUSLY

FEDERAL PROCEDURE--FOREIGN CORPORATIONS--WAIVER OF VENUE BY DESIGNATION OF AGENT FOR SERVICE OF PROCESS

FULL FAITH AND CREDIT--SUIT …


Application Of The Self-Incrimination Clause To The Compulsory Production Of Books And Papers Required To Be Kept By Statute Apr 1949

Application Of The Self-Incrimination Clause To The Compulsory Production Of Books And Papers Required To Be Kept By Statute

Indiana Law Journal

Constitutional Law Note


English Constitutional History, By S.B. Chrimes, John J. Murray Apr 1949

English Constitutional History, By S.B. Chrimes, John J. Murray

Indiana Law Journal

No abstract provided.


Constitutional Law-Equal Protection-Miscegenation Statute Declared Unconstitutional, Donald D. Davis Apr 1949

Constitutional Law-Equal Protection-Miscegenation Statute Declared Unconstitutional, Donald D. Davis

Michigan Law Review

Petitioners, a female white and a male Negro, applied to respondent, county clerk of Los Angeles County, for a marriage license. Respondent refused to issue the license, relying on sections 60 and 69 of the California Code. Petitioners brought a mandamus proceeding to compel respondent to issue the license, contending that the statutes relied on by respondent were unconstitutional in that they prohibited the free exercise of their religion. Held, in a four to three decision, the statute is unconstitutional. Three justices of the majority found that the statute violated the equal protection clause of the United States Constitution …


Federal Civil Rights Legislation And The Constitution, Frank K. Sloan Mar 1949

Federal Civil Rights Legislation And The Constitution, Frank K. Sloan

South Carolina Law Review

No abstract provided.


Our Enduring Constitution, Fred M. Vinson Mar 1949

Our Enduring Constitution, Fred M. Vinson

Washington and Lee Law Review

No abstract provided.


Constitutional Law-Conflict Between Investigatory Powers Of Congress And Constitutionally Guaranteed Individual Liberties Mar 1949

Constitutional Law-Conflict Between Investigatory Powers Of Congress And Constitutionally Guaranteed Individual Liberties

Washington and Lee Law Review

No abstract provided.


Constitutional Law-Validity Of State Gross Receipts Tax On Carrier Operating Between Termini Within State Over Route Through Other State Mar 1949

Constitutional Law-Validity Of State Gross Receipts Tax On Carrier Operating Between Termini Within State Over Route Through Other State

Washington and Lee Law Review

No abstract provided.


And This, Too, O King, Shall Change And Pass Away, C. T. Graydon Mar 1949

And This, Too, O King, Shall Change And Pass Away, C. T. Graydon

South Carolina Law Review

No abstract provided.


Defense Of The Old Court And A Plea For Some Certainty In The Law, Douglas Mckay Sr. Mar 1949

Defense Of The Old Court And A Plea For Some Certainty In The Law, Douglas Mckay Sr.

South Carolina Law Review

No abstract provided.


Compulsory Licensing By Judicial Action: A Remedy For Misuse Of Patents, Neal Seegert Mar 1949

Compulsory Licensing By Judicial Action: A Remedy For Misuse Of Patents, Neal Seegert

Michigan Law Review

Having viewed the fundamental problems, it is pertinent to outline some of the alleged abuses of the American patent system as it operates in our modern business and industrial economy and to canvass some of the proposed remedies. First are abuses that might be termed attempts to extend the duration of the patent monopoly. These stem mainly from the procedural aspects of the patent laws. Foremost among them is the problem of long pendency of applications, particularly the dilatory tactics that are possible under the law, which postpone issuance of the patent, thus extending the time duration of the patent …


Workmen's Compensation Acts-Amendments Changing Period For Additional Compensation Due To Aggravation Of Injury, W. Stirling Maxwell S. Ed. Mar 1949

Workmen's Compensation Acts-Amendments Changing Period For Additional Compensation Due To Aggravation Of Injury, W. Stirling Maxwell S. Ed.

Michigan Law Review

The typical workmen's compensation act provides both for an award to compensate the employee for his original injury and for subsequent awards to compensate him for aggravation of the injury occurring after the original award. The time during which the original award may be opened to allow additional compensation for subsequent aggravation may not be expressly limited, or opening may be limited to a stated time after the original injury or the last payment of the original award. By amendment, the legislature may either lengthen or shorten this period for opening. Whether such amendment applies to a claim for compensation …


Bejerano V. Police Minister, Shneor Zalman Cheshin, Simha Assaf, Moshe Silberg Feb 1949

Bejerano V. Police Minister, Shneor Zalman Cheshin, Simha Assaf, Moshe Silberg

Translated Opinions

A judgment upon the Respondents’ objection to an order nisi requiring that they refrain from forbidding petition writers from appearing and acting as agents of their clients in the offices of the Tel Aviv District Traffic Department. In making the order absolute, Justice S.Z. Cheshin, writing for the Court, held:

The High Court of Justice cannot grant a request unless it is persuaded that a right of the Petitioners themselves has been infringed – In requesting an order mandamus, the Petitioner must show the existence of a law that requires the public official to do that which he is being …


Recent Cases, Law Review Staff Feb 1949

Recent Cases, Law Review Staff

Vanderbilt Law Review

Assault and Battery--Injury Sustained in Prize Fig

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Constitutional Law--Elections--Voting Rights of Residents of Federal Enclave where Polling Places are on Land under Exclusive Federal Jurisdiction

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Constitutional Law--Miscegenation Statutes--Statutory Prohibitions against Inter-Racial Marriages held Unconstitutional

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Criminal Law--Evidence--Admissibility of Sound Motion Pictures of Re-Enactment of Crime by Defendants

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Criminal Procedure--Use of Jury Primer Prior to Trial

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Estate Planning--Mistake as to Tax Consequences of a Gift--Requirements for Rescission

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Evidence--Impeachment of Witnesses--Warning Question on Examination as to Prior Testimony

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Interstate Commerce--Sherman Act--Applicability to Organized Baseball

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Labor Law--Constitutional Law--Validity of Prohibition on Contributions and Expenditures of Labor …


The Presidential Succession Act Of I947, Ruth C. Silva Feb 1949

The Presidential Succession Act Of I947, Ruth C. Silva

Michigan Law Review

The Constitution of the United States empowers the Congress to designate what officer shall act as President in case of the death, resignation, removal, or inability of both the President and Vice President. Recently the Eightieth Congress passed a statute under this grant of power. Although the new succession act is frequently alleged to be unconstitutional, it is similar to the first succession law enacted by the Second Congress, which contained many of the men who framed the Constitution and voted for its ratification. The law of 1792 provided that the President pro tempore of the Senate or, if the …


The Need For Some Constitutional Changes, Amry Vandenbosch Jan 1949

The Need For Some Constitutional Changes, Amry Vandenbosch

Kentucky Law Journal

No abstract provided.


The Function Of Constitutional Provisions Requiring Uniformity In Taxation: Part I--Introduction And Historical Origins, William L. Matthews Jr. Jan 1949

The Function Of Constitutional Provisions Requiring Uniformity In Taxation: Part I--Introduction And Historical Origins, William L. Matthews Jr.

Kentucky Law Journal

No abstract provided.


The Advisory Opinion-An Analysis, Oliver P. Field Jan 1949

The Advisory Opinion-An Analysis, Oliver P. Field

Indiana Law Journal

No abstract provided.


Application Of Single Publication Rule To Publisher Of Books Jan 1949

Application Of Single Publication Rule To Publisher Of Books

Indiana Law Journal

Recent Cases: Libel


Modern Trends In The Judicial Concept Of The Relation Between Citizenship And The Suffrage, William David Stout Jan 1949

Modern Trends In The Judicial Concept Of The Relation Between Citizenship And The Suffrage, William David Stout

Kentucky Law Journal

No abstract provided.


Administrative Determinations And Personal Rights In The Present Supreme Court, Ralph F. Fuchs Jan 1949

Administrative Determinations And Personal Rights In The Present Supreme Court, Ralph F. Fuchs

Indiana Law Journal

No abstract provided.


Segregation Of Passengers On Common Carriers On Basis Of Race, J. R. Richardson Jan 1949

Segregation Of Passengers On Common Carriers On Basis Of Race, J. R. Richardson

Kentucky Law Journal

No abstract provided.


The Establishment Of Religion Under The Constitution, William David Stout Jan 1949

The Establishment Of Religion Under The Constitution, William David Stout

Kentucky Law Journal

No abstract provided.


The Mccollum Decision And The Public School, James M. Lassiter Jan 1949

The Mccollum Decision And The Public School, James M. Lassiter

Kentucky Law Journal

No abstract provided.


Right Of Accused To Assigned Counsel In Non-Capital Felony Prosecutions--Gholson V. Commonwealth, Norris W. Reigler Jan 1949

Right Of Accused To Assigned Counsel In Non-Capital Felony Prosecutions--Gholson V. Commonwealth, Norris W. Reigler

Kentucky Law Journal

No abstract provided.


Founding Fathers And The Natural Law: A Study Of The Source Of Our Legal Institutions, The, Clarence Emmett Manion Jan 1949

Founding Fathers And The Natural Law: A Study Of The Source Of Our Legal Institutions, The, Clarence Emmett Manion

Journal Articles

Where did the Founding Fathers get the principles upon which they established our government? What was the source of their faith? The bedrock of their convictions? What was the political evolution of our Constitution? The legal philosophy of our Bill of Rights? The discussion of these questions by Dean Manion is timely for it is necessary now to make soundings and take bearings if the Ship of State is to continue on its true course. Whereas the Revolution of 1688 brought the doctrine of parliamentary sovereignty to England, the American colonists resisted that doctrine and adhered to the true natural …


Constitutional Law - Anti-Lynching Legislation, William Burnett Harvey Jan 1949

Constitutional Law - Anti-Lynching Legislation, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.


Book Review. Free Speech And Its Relation To Self-Government By Alexander Meiklejohn, John P. Frank Jan 1949

Book Review. Free Speech And Its Relation To Self-Government By Alexander Meiklejohn, John P. Frank

Articles by Maurer Faculty

No abstract provided.


Constitutional Law--Anti-Lynching Legislation, William B. Harvey S.Ed. Jan 1949

Constitutional Law--Anti-Lynching Legislation, William B. Harvey S.Ed.

Michigan Law Review

Despite progress in recent years toward the elimination of lynching, the demand for adequate federal legislation to cope with the problem is unabated. For almost three decades Congress has considered a succession of anti-lynching bills, most of which have been favorably reported by committees. None has become law. Legislators and others opposing the enactment of a federal anti-lynching act have placed primary reliance on an asserted lack of constitutionality. It is argued that lynching is merely local crime within the scope of the power and responsibility of the states to enforce their own criminal law. The purpose of this comment …


Domestic Relations - Statutory Abolition Of Certain Causes Of Action, George A. Rinker S.Ed. Jan 1949

Domestic Relations - Statutory Abolition Of Certain Causes Of Action, George A. Rinker S.Ed.

Michigan Law Review

ln response to widespread and vigorous criticism of the abuses practiced through the use of the action at law for breach of promise to marry, and to a lesser extent, the actions for alienation of affections, criminal conversation, and seduction, several states enacted legislation designed to eliminate the evils complained of by abolishing some or all of those causes of action. The purpose of the present discussion is to analyze and compare the various statutes, and to indicate how they have fared in the courts; in short, to survey the whole reform program as it stands twelve years after the …