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Articles 1 - 18 of 18

Full-Text Articles in Law

Liberty Under The Fourteenth Amendment: 1943-44, John Raeburn Green Dec 1944

Liberty Under The Fourteenth Amendment: 1943-44, John Raeburn Green

Michigan Law Review

Elsewhere efforts have been made to survey the status of the fundamental rights guaranteed by the Bill of Rights with respect to their protection against state abridgment. The decisions of the Supreme Court were examined, from the February term, 1790, through the 1942 term. It was observed that the struggle to obtain for these rights and liberties federal constitutional protection against state abridgment, as well as against federal abridgment, had been almost continuous since the adoption of the Constitution; that Madison had sought, unsuccessfully, to include in the Bill of Rights guaranties against state abridgment for freedom of speech and …


The Constitution-1787 And Today, Walter F. Dodd Oct 1944

The Constitution-1787 And Today, Walter F. Dodd

Indiana Law Journal

An Address given before Indianapolis Bar Association, September 6, 1944.


The Lawyer, The Constitution And The Modern World, Joseph C. O'Mahoney Oct 1944

The Lawyer, The Constitution And The Modern World, Joseph C. O'Mahoney

Indiana Law Journal

No abstract provided.


Constitutional Law - Court Of Claims - Separation Of Powers, Benjamin M. Quigg, Jr. S.Ed. Aug 1944

Constitutional Law - Court Of Claims - Separation Of Powers, Benjamin M. Quigg, Jr. S.Ed.

Michigan Law Review

Plaintiff sued the United States Government for breach of its contract for construction of a water supply tunnel, and in 1932 recovered judgment in the court of claims for approximately one-seventh of the amount sued for. Motions for new trial were denied and the Supreme Court refused to grant a writ of certiorari. In 1942 plaintiff secured the passage of a special act of Congress conferring jurisdiction on the court of claims to render judgment on plaintiff's claim in accordance with the mode of calculation set forth therein, waiving any defenses which the government might have in respect thereto, and …


The Place Of Trial Of Criminal Cases: Constitutional Vicinage And Venue, William Wirt Blume Aug 1944

The Place Of Trial Of Criminal Cases: Constitutional Vicinage And Venue, William Wirt Blume

Michigan Law Review

In 1909 one Henry G. Connor, presumably Mr. Justice Connor of the Supreme Court of North Carolina, published in the Pennsylvania Law Review an article entitled "The Constitutional Right to a Trial by a Jury of the Vicinage." The question discussed was: May a state constitutionally provide by statute that a crime be tried in a county other than that in which it was committed? Or, putting the question in terms of vicinage as distinguished from venue, may a state constitutionally provide by statute that a crime be tried by jurors summoned from a county other than the county …


Constitutional Law-Right To Counsel, Robert M. Barton Jun 1944

Constitutional Law-Right To Counsel, Robert M. Barton

Michigan Law Review

The appellant, a person with a long criminal record, was convicted of receiving and concealing stolen goods. At the trial the attorney appointed by the court to represent him presumably had enough time to prepare a defense but conducted it in a slipshod manner. He failed to object to the admission of important evidence not legally admissible; he failed to see that a witness whom the accused described as important was subpoenaed into court; he objected to none of the prejudicial statements of the trial judge which in effect attacked the credibility of the accused, and he criticized his own …


Constitutional Law-Due Process-Punishment For Acts Done Without Consciousness Of Wrongdoing, Benjamin M. Quigg, Jr. S.Ed. Jun 1944

Constitutional Law-Due Process-Punishment For Acts Done Without Consciousness Of Wrongdoing, Benjamin M. Quigg, Jr. S.Ed.

Michigan Law Review

In the recent case of United States v. Dotterweich the United States Supreme Court (four justices dissenting) held the president of a drug jobbing company personally liable for violation of the Federal Food, Drug and Cosmetic Act on informations charging misbranding and adulteration of products. There was no evidence of any personal guilt on the defendant's part, nor was there any proof or claim that he ever knew of the introduction into commerce of the adulterated drugs in question. The disagreement among the members of the court was essentially one of statutory interpretation, but in view of the fact that …


Right To Counsel Apr 1944

Right To Counsel

Indiana Law Journal

Constitutional Law Note


Constitutional Law-Congressional Primaries-Voting Rights Of Negroes, Everett S. Brown Apr 1944

Constitutional Law-Congressional Primaries-Voting Rights Of Negroes, Everett S. Brown

Michigan Law Review

The petitioner, Lonnie E. Smith, a Negro citizen of Harris County, Texas, brought suit for damages against election judges who refused to give him a ballot or to permit him to cast a ballot in the primary election of July 27, 1940, for the nomination of Democratic candidates for federal and state officers. The refusal was alleged to have been solely because of Smith's race and color and consequently violated sections 31 and 43 of title 8 of the United States Code by depriving Smith of rights secured under provisions of the Federal Constitution. The District Court of the United …


Constitutional Aspects Of Foreign Affairs, Lindsay Rogers Feb 1944

Constitutional Aspects Of Foreign Affairs, Lindsay Rogers

James Goold Cutler Lecture

No abstract provided.


Constltutional Law - Labor Unions - Injunction Feb 1944

Constltutional Law - Labor Unions - Injunction

Michigan Law Review

Complainants owned and operated a small cafeteria conducting the business without the aid of any employees. Defendants, a labor union and its president, picketed the cafeteria in an attempt "to organize it." The picketing was carried on by parade of one person at a time in front of the premises, at all times in an "orderly and peaceful" manner. Signs were carried which tended to give the impression that the complainants were "unfair" to organized labor and that the pickets "had been previously employed in the cafeteria." These representations were knowingly false in that there had been no employees in …


Federal Immunity From State Inspection Laws Jan 1944

Federal Immunity From State Inspection Laws

Indiana Law Journal

Notes and Comments: Constitutional Law


Scope Of Fair Labor Standards Acts Jan 1944

Scope Of Fair Labor Standards Acts

Indiana Law Journal

Notes and Comments: Constitutional Law


Curfew For Citizens Of Japanese Ancestry Jan 1944

Curfew For Citizens Of Japanese Ancestry

Indiana Law Journal

Notes and Comments: Constitutional Law


Constitutional Liberties And Statutory Construction, Frank Edward Horack Jr. Jan 1944

Constitutional Liberties And Statutory Construction, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.


The Adoption Of The Initiative And Referendum In Washington, Claudius O. Johnson Jan 1944

The Adoption Of The Initiative And Referendum In Washington, Claudius O. Johnson

Selected Articles on Washington State Constitution History

No abstract provided.


Ex Parte Milligan V. The Five Companies: Martial Law In Hawaii, John P. Frank Jan 1944

Ex Parte Milligan V. The Five Companies: Martial Law In Hawaii, John P. Frank

Articles by Maurer Faculty

No abstract provided.


Picketing As An Exercise Of The Right Of Free Speech, Leo Oxley Jan 1944

Picketing As An Exercise Of The Right Of Free Speech, Leo Oxley

Kentucky Law Journal

No abstract provided.