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Articles 1 - 4 of 4
Full-Text Articles in Law
Federal Courts-Disqualification Of District Judge For Prejudice- Sufficiency Of Affidavit, John C. Walker
Federal Courts-Disqualification Of District Judge For Prejudice- Sufficiency Of Affidavit, John C. Walker
Michigan Law Review
Defendants were indicted in a federal district court for conspiring to organize as the Communist Party of the United States and to advocate overthrowing the government by force or violence in violation of a federal statute. During argument on their motion for a 90-day extension, the judge remarked he thought "public policy might require that the matter be given prompt attention . . . when perhaps there may be some more of these fellows up to that sort of thing"; that "I am not going to give them anything like 90 days, I am going to tell you right now"; …
Constitutional Law-Equal Protection-Miscegenation Statute Declared Unconstitutional, Donald D. Davis
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 …
Corporations-Nonprofit Corporations-Expulsion Of Member By Board Of Directors, Paul W. Eaton, Jr.
Corporations-Nonprofit Corporations-Expulsion Of Member By Board Of Directors, Paul W. Eaton, Jr.
Michigan Law Review
The board of directors of defendant, a nonprofit corporation, passed a resolution that persons should not be denied membership on racial, religious or political grounds. Plaintiff, a branch member of defendant, had enacted by-laws denying Negroes admission to its group. Defendant's board declared plaintiff's by-laws were in conflict with the resolution and threatened to expel plaintiff branch if its by-laws were not amended. Plaintiff brought suit to enjoin defendant from carrying out its threat. Held, injunction granted. No national by-law required admission of all races to membership in branches, nor did the national directors have power to expel a …
Constitutional Law--Anti-Lynching Legislation, William B. Harvey S.Ed.
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 …