Digital Commons Network^™

Constitutional Law-Due Process-Right Of Alien Enemy To Judicial Review Of Deportation Proceeding, Robert P. Griffin

Michigan Law Review

Petitioner, a German alien enemy, had been arrested and interned during the war by virtue of broad summary powers granted the Chief Executive by the Alien Enemy Act of 1798. The act subjects alien enemies to apprehension, detention, and deportation upon order of the President "whenever there is a declared war . . . . " Under authority of the act, the President, on July 14, 1945, ordered the removal of all alien enemies "who shall be deemed by the Attorney General to be dangerous to the public peace . . . . " Though the act makes no provision …

Constitutional Law--Statutory Interpretation Under Labor-Management Relations Act--Prohibition Of Union Political Expenditures, Roland E. Ginsburg

Michigan Law Review

The C.I.O., with the consent of its president, Philip Murray, made expenditures from the funds of the organization for the publication of an editorial in the "C.I.O. News," a regularly issued periodical, urging the members of the C.I.O. to vote for a particular candidate in a special Congressional election in Maryland. Additional funds were expended for the publication and transportation of one thousand extra copies. Both the C.I.O. and Mr. Murray were charged with violation of section 304 of the Labor-Management Relations Act in the district court. Defendants moved to dismiss the indictment, alleging that the statute abridged rights guaranteed …

A Review Of Annual Survey Of American Law: 1947, Edson R. Sunderland

Michigan Law Review

This is the sixth annual volume in which the faculty of the New York University School of Law has published its summary of the important developments in American law. The magnitude of the task required to produce these volumes would be considered beyond the capacity of the teaching staff of any single law school if the actual publication, year by year, of these monumental surveys did not prove that it could be accomplished.

Constitutional Law-Privilege Against Self-Incrimination-Use Against Defendant Of Records Required To Be Kept By Federal Law, C. C. Grunewald S.Ed.

Michigan Law Review

Petitioner Shapiro, a produce wholesaler, was served under the authority of the Emergency Price Control Act with a subpoena duces tecum ordering him to produce certain duplicate sales invoices required to be kept by government regulation. The petitioner produced the records but claimed a constitutional privilege. When subsequently tried in the district court on charges of making tie-in sales in violation of the price regulations, petitioner pleaded immunity under section 202 (g) of the Emergency Price Control Act. His plea was overruled; conviction followed and was affirmed by the circuit court of appeals. On certiorari to the Supreme Court, held …

The Committee To Frame A World Constitution: Preliminary Draft Of A World Constitution, Michigan Law Review

Michigan Law Review

A Review of PRELIMINARY DRAFT OF A WORLD CONSTITUTION. By The Committee to Frame a World Constitution.

Habeas Corpus-Federal Courts-Necessity Of Confinement Of Prisoner Within Territorial Jurisdiction Of The Court, Ralph Jay Isackson S.Ed.

Michigan Law Review

The Attorney General, respondent, after finding that petitioners, one hundred and twenty Germans, endangered the public peace and safety of the United States by their adherence to an enemy government, issued removal orders for their deportation. Petitioners, while confined at Ellis Island, New York, filed petitions for writs of habeas corpus in the District Court for the District of Columbia challenging the removal orders on the basis that they exceeded statutory authority for their issuance. Respondent moved to dismiss because petitioners were not confined in the District of Columbia. The district court granted the motion and the court of appeals …

Leon V. Acting District Commissioner Of Tel-Aviv (Yehoshua Gobernik), Moshe Smoira, Yitzhak Olshan, Simha Assaf

Translated Opinions

The Law and Administration Ordinance 1948, provides that the law which existed in Palestine on May 14, 1948, "shall remain in force... subject to such modifications as may result from the establishment of the State and its authorities".

The Acting District Commissioner of Tel Aviv, as the competent authority under the Defence Regulations of 1939, made pursuant to the (English) Emergency Powers (Defence) Act 1939, requisitioned a flat situated at no. 3, Chen Boulevard, Tel Aviv, by order dated 6 September 1948. The requisition was for the benefit of the Attorney-General who, previously to his then recent appointment to that …

Prohibition Of Lawful Assembly When Opposed By Threat Of Violence

Indiana Law Journal

Constitutional Law Note

Separation Of Powers, Fred L. Fox

Washington and Lee Law Review

No abstract provided.

The Constitution Of The Union Of Burma, Benegal Narsing Rau

Washington Law Review

The Constitution of Burma, which came into force on January 4, 1948, has many features of great interest to the constitution-maker. In form and content, in magnanimous treatment of special regions and racial groups, and in speed of enactment, it provides an example well worth our attention at the present time. The writer of this article had the honour of being associated closely with the framers of the Constitution at almost every stage.

Federal Courts-Rule 20 Of Federal Rules Of Criminal Procedure-Constitutionality, William B. Harvey

Michigan Law Review

One of the few real innovations in the Federal Rules of Civil Procedure is incorporated in Rule 20 which provides that a defendant who is arrested in a district other than that in which the indictment has been returned may declare in writing his desire to plead guilty and waive trial in the district of the crime. In this event, with the approval of the United States Attornies for both districts, the clerk of the court to which the indictment was returned is authorized to forward the papers to the clerk of the court for the district in which the …

Constitutional Law--The President's Loyalty Order--Standards, Procedure And Constitutional Aspects, William J. Schrenk, Jr.

Michigan Law Review

In the most recent of the efforts of the last several years to protect the ranks of officers and employees of the federal government from infiltration by foreign agents and persons whose interests are inimical to those of the United States, President Truman, on March 21, 1947, issued his "Loyalty Order." The first item in the pattern of statutes, orders, and regulations which supplies the background for the controversial Order No. 9835 was the Hatch Act of 1939, by which Congress prohibited federal employees from membership in organizations advocating the overthrow of the constitutional form of government. One year later, …

Constitutional Law-Procedural Due Process Denied By Michigan's "One-Man Grand Jury'', Robert J. Nordstrom

Michigan Law Review

Petitioner was summoned to appear as a witness before one of Oakland County's judges who was then acting in the capacity of "one-man grand juror." This proceeding was attended only by petitioner, the judge grand juror, and two other circuit judges acting as advisers to the latter. The purpose was to investigate alleged misconduct on the part of law-enforcing officials through the acceptance of bribes in the form of sales of worthless "bonds" on pin-ball machines. Petitioner admitted purchasing these "bonds" but could. not recall just what he had done with them when they had expired. Concluding that the petitioner's …

The Tennessee Retailers' Sales Tax Act, Stanely D. Rose

Vanderbilt Law Review

The primary consideration in the adoption of a tax by a state is the constitutional framework into which it is to be fitted. Probable litigation is a factor of importance in the choice of a tax. If there are no complicating factors, a simple tax on sales seems to be one of the forms of excise tax most easily sustainable under the Tennessee Constitution. Indeed, Tennessee at an early date had a sales tax which apparently met with court approval.

The most inclusive authority upon which to base an excise tax in Tennessee is the clause which states that "the …

Void For Vagueness: An Escape From Statutory Interpretation

Indiana Law Journal

Constitutional Law Note

Canon Of Restrictive Interpretation Repudiated

Indiana Law Journal

Recent Cases: Constitutional Law

Cases Noted, Journal Staff

Vanderbilt Law Review

bankruptcy--unclaimed dividends--distribution to creditors who have not been paid in full

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constitutional law--prohibition of practice of naturopathy as a separate branch of the healing arts

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constitutional law--unAmerican activities committee held valid exercise of congressional power

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criminal law--evidence--admission of confession

Constitutionality Of Additional Assessments Necessitated By The Delinquency Of Some Land Owners In A Special Assessment District, Thomas A. Thomas

Vanderbilt Law Review

Most states have constitutional provisions requiring expressly or in effect, equality and uniformity of taxation. Under these constitutional requirements, it is usually held that the legislatures acting under their general taxing power, are not prohibited from making geographical classifications for purposes of taxation so long as they are reasonable and based upon a substantial distinction. However, the equality and uniformity provisions do require that all members of the same class be taxed alike. This limitation does not require meticulous adjustments to avoid incidental hardships upon some member of the same class, but requires only substantial uniformity. Since special assessments are …

Vested Rights And The Portal-To-Portal Act, Ray A. Brown

Michigan Law Review

The Portal-to-Portal Act of 1947 attempts, by new and retroactive definitions of what constitutes working time of an employee under the Fair Labor Standards Act of 1938, to deprive employees of claims under that earlier act, to which the Supreme Court of the United States has held they were entitled. This article will discuss whether this can be done under the due process clause of the Fifth Amendment.

Constitutional Law--White Primaries--Rice V. Elmore, Irving Slifkin S.Ed.

Michigan Law Review

The right of the negro to vote has constantly been challenged in attempts to destroy or at least to control the exercise of that right. The Fifteenth Amendment secures the right to vote free from interference on a racial basis by the states or the national government. In the states where there is a large negro population varied efforts have been attempted in order to control and nullify the negro vote. These efforts have been manifested in various forms-the grandfather clause, property ownership requirements, the poll tax, character tests, and literacy tests.

Constitutional Law--Commerce Clause--Foreign Commerce--Validity Of State Statute Prohibiting Racial Discrimination By Carrier, Bruce L. Moore S.Ed.

Michigan Law Review

Appellant owns and operates two steamships for transportation of its patrons between Detroit and Bois Blanc Island, part of the Province of Ontario, Canada. The island is owned by appellant and operated as an amusement and recreation center for the people of Detroit. For refusal to transport a negro girl, appellant was prosecuted and convicted under the Michigan Civil Rights Act which provides that "All persons within the jurisdiction of this state shall be entitled to full and equal accommodations . . . facilities and privileges . . . of public conveyances on land and water . . . ," …

Constitutional Law-Due Process -Of Law-Freedom Of Religion- Voluntary Religious Classes Held In Public School Building During School Hours, E.C. V. Greenwood

Michigan Law Review

Appellant, a resident and taxpayer of the Champaign School District and parent of a child attending the public schools of the district, petitioned for a writ of mandamus to compel the district to discontinue religious classes held in the public schools during regular school hours. The classes in question were sponsored by a voluntary association of Jewish, Catholic, and Protestant faiths, but other religious groups were free to establish classes upon the same basis. Instructional materials, a chosen course of study, and religious teachers were made available to the program by the association. Although employed by the association, the teachers …

Constitutional Law - War Contracts - Effect Of Constitutional Issues On The Exhaustion Of Administrative Remedies Doctrine, Richard V. Ehrick

Michigan Law Review

Plaintiff, a manufacturer of war materials under subcontracts with government contractors, filed suit in the District Court for the District of Columbia requesting a declaratory judgment holding the First and Second Renegotiation Acts unconstitutional and, as a consequence thereof, injunctive relief from threatened action by the defendants to recover alleged excessive profits. The district court dismissed the complaint on the grounds (1) that the suit was premature, plaintiff having failed to exhaust the prescribed administrative procedure, and (2) that the available legal and administrative remedies were adequate, the right to equitable relief not being established either on the basis of …

Constitutional Law-Scope Of Reasonableness Of Search And Seizure Without Search Warrant

Washington and Lee Law Review

No abstract provided.

Constitutional Law-Tax Exemption Contract, Grétel Schinnerer

Michigan Law Review

A charter granted in 1863 by the State of Georgia to the Atlantic Coast Line Railroad Company provided as follows: "The stock of said company shall be subject to a tax not exceeding ½ per cent per annum on the net proceeds of its investments." In 1931, the Georgia legislature levied a tax of 5½ per cent on corporate net income. The railroad brought an action seeking to have an assignment under this tax declared invalid, on the theory that the tax as applied to the plaintiff railroad violated the contract clause of the federal Constitution. The Georgia Supreme Court …

Constitutional Law: Power Of A State To Exclude A Foreign Corporation Seeking To Do Intrastate Business, Russel C. Jones

Kentucky Law Journal

No abstract provided.

Consideration Of Facts In Due Process Cases

Indiana Law Journal

Constitutional Law Note

Political Affiliation As Qualification For Office

Indiana Law Journal

Constitutional Law Note

Commerce Clause State Regulation Of Federal Warehouses

Indiana Law Journal

Constitutional Law Note

Contempt By Publication

Indiana Law Journal

Constitutional Law Note