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Union Powers And Workers' Rights, Clyde W. Summers

Michigan Law Review

The plight of the Highland group is not the product of labor strife, but of collective bargaining; not of employer discrimination, but of union power. It symbolizes in an extreme form the potential fate of an individual worker within the structure of unionization and collective bargaining. It sharply reminds us that contracts apply to workers, and that unions consist of members. It warns us that we must not become so obsessed with the glamor of studying mass action that we ignore the fate of those who make up the mass and in whose name the action is taken.

Such cases …

The Limitation Of Taxation Of Transfers In Contemplation Of Death By The Revenue Act Of 1950, Edmund W. Pavenstedt

Michigan Law Review

The Revenue Act of 1950 amended the estate tax provision dealing with transfers in contemplation of death, which has been on the books ever since the estate tax first appeared as a war emergency measure during World War I, by eliminating from this category all transfers made more than three years prior to the date of death. All transfers made within that period are deemed under the new law to have been made in contemplation of death (and hence are includible in the transferor's gross estate) unless the contrary is shown. Such a rebuttable presumption formerly was limited by the …

The Limitation Of Taxation Of Transfers In Contemplation Of Death By The Revenue Act Of 1950, Edmund W. Pavenstedt

Michigan Law Review

The Revenue Act of 1950 amended the estate tax provision dealing with transfers in contemplation of death, which has been on the books ever since the estate tax first appeared as a war emergency measure during World War I, by eliminating from this category all transfers made more than three years prior to the date of death. All transfers made within that period are deemed under the new law to have been made in contemplation of death (and hence are includible in the transferor's gross estate) unless the contrary is shown. Such a rebuttable presumption formerly was 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 …

The Problems Of Yesteryear -- Commerce And Due Process, Robert L. Stern

Vanderbilt Law Review

Less than fifteen years ago, there were constitutional problems important enough to stir the country, to threaten the sanctity of the Supreme Court. These were the culmination of at least three decades of judicial controversy, in which the pressure of events brought criticism of the Court's decisions, both in noteworthy dissenting opinions and outside, to a new height. Fifteen years later, there still are difficult and important constitutional problems, and there still is criticism of the Supreme Court's decisions--though on a relatively minor scale. But the issues which rocked more than the legal world in the 1930's and in the …

Legislative Disqualifications As Bills Of Attainder, Francis D. Wormuth

Vanderbilt Law Review

The separation of powers was first introduced into political discussion during the English Civil Wars of the seventeenth century by the political party known as Levellers. The object was to insure that persons be judged by general and prospective rules. If the legislative authority should decide a particular case, it might be tempted through partiality or prejudice to improvise a special rule for the situation. So the separation of powers was intended to achieve that impartiality in government which Aristotle called "the rule of law."

The doctrine of checks and balances was also introduced into political discussion during the Civil …

State Constitutions, State Courts And First Amendment Freedoms, Monrad G. Paulsen

Vanderbilt Law Review

We have recently been reminded that one of the current and recurrent quandaries of the Supreme Court of the United States arises from the American constitutional system's counterpart of the philosophical problem of the One and the Many. When an individual's freedom is involved, the question is whether and to what degree state legislators, public officials and judicial officers shall be called upon to enforce standards of respect for personal liberties defined by the Federal Constitution and the United States Supreme Court; or, put another way, how far the first eight amendments of the Federal Constitution are incorporated into the …

Recent Constitutional Developments On Eminent Domain, John L. Bowers Jr., J. L. Boren Jr.

Vanderbilt Law Review

Although the provisions of both state and federal law that cruel and unusual punishments shill not be imposed are considered popularly to relate only to those punishments which exist solely in the books, the provisions are not useless today. Recent cases have shown a tendency to expand the scope of the prohibition, especially with regard to excessive punishment, and to incorporate the proscription within the Fourteenth Amendment to the Federal Constitution. As respect, that which likely will be deemed cruel and unusual, little can be done beyond noting those situations in which the limitation has been applied. If a generalization …

Jurisdiction-Basis And Range Of Process-Recent Developments, Thomas Hartwell S. Ed.

Michigan Law Review

Since Pennoyer v. Neff, holding that mere notice was an insufficient basis for in personam jurisdiction, it has generally been held that an in personam judgment requires service, as distinguished from notice, on a defendant present or domiciled within the jurisdiction. With the increased tempo of interstate activities, however, it has become expedient to relax the concept of physical power as being the basis of jurisdiction, which prompted the Pennoyer decision. Presence has assumed a more elaborate meaning, while service has become more closely equated with adequate notice. Illustrative of this development is the recent decision of Traveler's Health …

Union Powers And Workers' Rights, Clyde W. Summers

Michigan Law Review

The plight of the Highland group is not the product of labor strife, but of collective bargaining; not of employer discrimination, but of union power. It symbolizes in an extreme form the potential fate of an individual worker within the structure of unionization and collective bargaining. It sharply reminds us that contracts apply to workers, and that unions consist of members. It warns us that we must not become so obsessed with the glamor of studying mass action that we ignore the fate of those who make up the mass and in whose name the action is taken.

Such cases …

Jurisdiction-Basis And Range Of Process-Recent Developments, Thomas Hartwell S. Ed.

Michigan Law Review

Since Pennoyer v. Neff, holding that mere notice was an insufficient basis for in personam jurisdiction, it has generally been held that an in personam judgment requires service, as distinguished from notice, on a defendant present or domiciled within the jurisdiction. With the increased tempo of interstate activities, however, it has become expedient to relax the concept of physical power as being the basis of jurisdiction, which prompted the Pennoyer decision. Presence has assumed a more elaborate meaning, while service has become more closely equated with adequate notice. Illustrative of this development is the recent decision of Traveler's Health …

W. P. Wooldridge V. C. L. Wareing : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

Appealed from the Third District Court of Salt Lake County. Hon. A. H. Ellett, Judge.

Indian Independence And Advocates Ending Segregation Of Tribal Life, March 3, 1951., Unknown

Usher Burdick Papers

This newspaper article, published on March 1, 1951, by the Selfridge (N.D.) Journal and circulated by the “Western Press Clipping Exchange” in Minneapolis, reports on the work of the North Dakota Indian Affairs Commission. Established by the 1949 state legislature, the commission conducted a two-year study to gather data, which concluded that assimilation of Native people into broader American society, socially, culturally, and economically, should be the ultimate goal, and it emphasized that the Indians “want their children to be actual, not just legal Americans.”

Partnership Law And The Uniform Partnership Act In South Carolina-Part I, Coleman Karesh

South Carolina Law Review

No abstract provided.

The Virginia Absent Voters System

Washington and Lee Law Review

No abstract provided.

Bills And Notes-Right Of Drawer Of Check Paid On Payee Forgery To Sue Collecting Bank When Action Against Drawee Is Barred By Limitations [California Mill Supply Corp. V. Bank Of America National T. & S. Ass'n, Cal. 1950].

Washington and Lee Law Review

No abstract provided.

Criminal Law-Application Of Double Jeopardy Prohibition In Case Of Two Deaths Resulting From Single Act Of Wrongdoing [State V. Martin, Ohio 1950]

Washington and Lee Law Review

No abstract provided.

Damages-Application Of American And English Rules For Measure Of Damages For Breach Of Contract To Sell Land [Raisor V. Jackson, Ky. 1950]

Washington and Lee Law Review

No abstract provided.

Domestic Relations-Authority Of Guardian To Bring Action For Divorce In Behalf Of Insane Ward [Scott V. Scott, Fla. Ig5o]

Washington and Lee Law Review

No abstract provided.

Domestic Relations-Limitations On Application Of Heart Balm Statutes [Grobart V. Grobart, N. J. 195o]

Washington and Lee Law Review

No abstract provided.

Federal Procedure-Appearance Of Federal Question On Face Of Complaint As Necessary To Federal Court Jurisdiction [Skelly Oil Co. V. Phillips Petroleum Co., U. S. Sup. Ct. 1950

Washington and Lee Law Review

No abstract provided.

Insurance-Construction Of Delivery-In-Good-Health Clauses In Life Insurance Policies [Farmers & Bankers Life Ins. Co. V. Baxley, Okla. 195o]

Washington and Lee Law Review

No abstract provided.

Procedure-Disqualification Of Government Employees To Act As Jurors In Criminal Cases [Dennis V. United States, U. S. Sup. Ct. 1950)

Washington and Lee Law Review

No abstract provided.

Procedure-Settlement Of Claim Against One Joint Tort-Feasor With Reservation Of Rights Against Others [Shortt V. Hudson Supply & Equipment Co., Va. 1950)

Washington and Lee Law Review

No abstract provided.

Public Utilities-Power Of Public Service Commissions Over Contracts Between Parent And Subsidiary Utility Corporations [Pacific Tel. & Tel. Co. V. Public Utilities Com., Cal. 195o]

Washington and Lee Law Review

No abstract provided.

Torts-Liability In Conversion Of Third Party Who Knowingly Received Proceeds Of Conversion From Primary Wrongdoer [Lewiston Trust Co. V. Deveno, Maine 1950]

Washington and Lee Law Review

No abstract provided.

Workmen's Compensation-Remedies Of Employer Or Insurer Against Third Party Causing Injury To Employee [United States Casualty Co. V. Hercules Powder Co., N. J. 195o]

Washington and Lee Law Review

No abstract provided.

The Protection Of Newspaper Comment: On Public Men And Public Matters, Léon R. Yankwich

Louisiana Law Review

No abstract provided.

Substantive Due Process - Statute Setting Minimum Mark Up Held Unconstitutional Because Of Failure To Carry Out Legislative Policy, Chapman L. Sanford

Louisiana Law Review

No abstract provided.

Constitutional Law—Application Of "Separate But Equal" Facilities Standard To Racial Segregation In Education. [Sweatt V. Painter, U.S. Sup. Ct. 1950], Willis M. Anderson

Washington and Lee Law Review

No abstract provided.