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Articles 1 - 15 of 15
Full-Text Articles in Law
Conflict Of Laws-Full Faith And Credit As Applied To Statutes, George D. Miller, Jr. S.Ed.
Conflict Of Laws-Full Faith And Credit As Applied To Statutes, George D. Miller, Jr. S.Ed.
Michigan Law Review
While the full faith and credit clause of the Constitution makes no apparent distinction between judgments and public acts, it is clear that statutes have not been afforded the same degree of full faith and credit as judgments. Whether or not a statute will receive full faith and credit has been questionable in most cases, and serious problems of prediction still arise.
Silva: Presidential Succession, Wilber M. Brucker, Jr. S. Ed.
Silva: Presidential Succession, Wilber M. Brucker, Jr. S. Ed.
Michigan Law Review
A Review of PRESIDENTIAL SUCCESSION. By Ruth C. Silva.
Constitutional Law-Evidence-Use Of Illegally Obtained Evidence And Due Process Of Law, Allan Neef S.Ed.
Constitutional Law-Evidence-Use Of Illegally Obtained Evidence And Due Process Of Law, Allan Neef S.Ed.
Michigan Law Review
It is fundamental, even in a federal system, that a state be free to regulate the procedure of its courts in accordance with its own conceptions of proper policy, subject only to constitutional limitations safeguarding individuals from arbitrary action by the state. In the United States this constitutional protection is two-fold-both state and federal constitutions acting as limitations on state action. As a result, a problem arises as to what extent the federal courts can, in the enforcement of federal constitutional limitations, override state criminal procedures and the policies underlying them. It is clear that the states have, by virtue …
The Unhappy History Of Civil Rights Legislation, Eugene Gressman
The Unhappy History Of Civil Rights Legislation, Eugene Gressman
Michigan Law Review
The enforcement by federal legislation of the constitutional right of individuals is a story written largely in terms of confusion, distortion and frustration. Seldom, if ever, have the power and the purposes of legislation been rendered so impotent. Indeed, this story constitutes one of the saddest chapters in the historic struggle to effectuate the American ideal of freedom and equality for all.
Constitutional Law-Judcial Powers-State Taxpayer Denied Standing As Party In Interest In Bible Reading Case, Frank M. Bowen, Jr. S.Ed.
Constitutional Law-Judcial Powers-State Taxpayer Denied Standing As Party In Interest In Bible Reading Case, Frank M. Bowen, Jr. S.Ed.
Michigan Law Review
Plaintiffs sought a judgment to declare unconstitutional a New Jersey statute which required the reading of five verses of the Old Testament at the opening of each day in the public schools. Plaintiffs contended that the practice under the statute was an "establishment of religion" prohibited by the First Amendment and applicable to the several states through the "due process" clause of the Fourteenth Amendment Both plaintiffs were taxpayers of New Jersey, and one was also the parent of a child who had attended a public school, but had left school before the appeal was taken. The Supreme Court of …
Constitutional Law-Fourth Amendment-Exclusion Of Contraband Evidence Obtained By An Illegal Search On Premises Not Owned By Defendant, Edgar A. Strause
Constitutional Law-Fourth Amendment-Exclusion Of Contraband Evidence Obtained By An Illegal Search On Premises Not Owned By Defendant, Edgar A. Strause
Michigan Law Review
The defendant was in the unlawful possession of narcotics. Having been given a key by his two aunts to their hotel room with authority to use the room at will, defendant stored the narcotics there without the knowledge of the occupants. A federal officer entered the hotel room, searched the room, and seized the narcotics during the absence of the occupants, without a search warrant. The defendant was arrested the following day and claimed ownership of the seized narcotics. He was convicted in the District Court of the District of Columbia for violation of federal law, the court refusing to …
Constitutional Law-Commerce Clause-Freedom Of Press-Amenability Of Newspaper To Sherman Anti-Trust Act, William K. Davenport
Constitutional Law-Commerce Clause-Freedom Of Press-Amenability Of Newspaper To Sherman Anti-Trust Act, William K. Davenport
Michigan Law Review
Until a competing radio station appeared on the scene in 1948, defendant newspaper was the only medium for mass advertising available in the Lorain, Ohio area. In an effort to regain its monopoly position and eliminate the radio station as a competitor, defendant inaugurated a policy of refusing to accept custom from advertisers who employed the services of its rival. Both the newspaper and the radio station received news dispatches, advertising copy, payments, and other materials from sources outside Ohio, but neither had any appreciable audience beyond the borders of the state. In a civil action brought by the United …
Constitutional Law-Due Process-Restrictions Upon Advertising, Joseph M. Kortenhof
Constitutional Law-Due Process-Restrictions Upon Advertising, Joseph M. Kortenhof
Michigan Law Review
In its efforts to combat gasoline price wars and the fraud that allegedly accompanied them, the City of Pontiac enacted an ordinance designed to restrict the scope of gasoline advertising. It provided that: "No sign or placard stating the price or prices of gasoline other than such signs or placards as hereinabove provided [signs not larger than 12 by 12 inches attached to pumps] shall be posted or maintained on the premises on which said gasoline is sold or offered for sale." Defendant retailed gasoline; by combining hauling and retailing into one operation, savings of about four cents a gallon …
Constitutional Law-Executive Powers-Right To Remove Executive Employees Without Judicial Trial, William E. Beringer
Constitutional Law-Executive Powers-Right To Remove Executive Employees Without Judicial Trial, William E. Beringer
Michigan Law Review
Plaintiff was reinstated in the classified civil service of the federal government on the condition that removal might be ordered if, "on all the evidence, reasonable grounds exist for belief that the [plaintiff] is disloyal to the Government of the United States." Such evidence having allegedly been uncovered, dismissal followed, with a ban against federal employment for three years. The specific grounds for suspicion were never revealed to plaintiff, and no opportunity was ever afforded to confront, cross-examine, or learn the identity of those who had informed against her. Plaintiff sought an order of reinstatement in the federal district court, …
Discipline Of Judges, Frederic M. Miller
Discipline Of Judges, Frederic M. Miller
Michigan Law Review
In most of the states, judges of the appellate courts and of the trial courts of general jurisdiction are subject to discipline or removal from office by impeachment at the hands of the legislature, pursuant to constitutional provisions analogous to those applicable to the Federal Judiciary. Such proceedings are seldom instituted. The survey indicates that, during the 20 year period from 1928 to 1948, only three impeachment proceedings were prosecuted and in all three the defense prevailed.
Constitutional Law--Fifth Amendment--Privilege Against Self-Incrimination By Admission Of Occupation And Of Knowledge Of Whereabouts Of A Fugitive Witness, Lois Hambro
Michigan Law Review
Petitioner, who was known as an underworld character and racketeer, was subpoenaed before a federal grand jury investigating federal crime and rackets and was asked his occupation and business and whether he had seen, talked to, or knew the whereabouts of a certain person upon whom a subpoena had been issued but not served requiring such fugitive person to appear before a federal grand jury. He refused to answer on the ground of the constitutional privilege against self-incrimination. Petitioner was adjudged in contempt of court for refusal to answer the questions. The court of appeals affirmed the judgment and the …
Constitutional Law-Due Process Of Law-Admissibility Of Confessions Under The Fourteenth Amendment, Harold G. Christensen S.Ed.
Constitutional Law-Due Process Of Law-Admissibility Of Confessions Under The Fourteenth Amendment, Harold G. Christensen S.Ed.
Michigan Law Review
The Supreme Court announced in 1936 that under certain circumstances the admission of a confession into evidence by a state court could amount to a denial of due process as guaranteed by the Fourteenth Amendment. Since that time there has been an increasing number of appeals seeking reversal of a conviction upon that ground and an expansion by the Court of the types of factual situations which will render a confession inadmissible. That this expansion reached its apex with the case of Watts v. Indiana and companion cases decided in 1949 appears probable in the light of a recent denial …
Constitutional Law-Due Process-Freedom Of Expression- Commerce Clause-Clause-"Green River" Ordinance As Applied To Door To Door Solicitation For Magazine Subscriptions, C. E. Lombardi, Jr. S.Ed.
Constitutional Law-Due Process-Freedom Of Expression- Commerce Clause-Clause-"Green River" Ordinance As Applied To Door To Door Solicitation For Magazine Subscriptions, C. E. Lombardi, Jr. S.Ed.
Michigan Law Review
In their famous article on the right of privacy, Warren and Brandeis noted that the common law protection of the right of privacy in the home was far more highly developed than the protection given to individual privacy in other respects. "The common law has always recognized a man's house as his castle, impregnable, often, even to its own officers engaged in the execution of its commands." The common law impregnability has met perhaps its stiffest test when those attacking it have sought constitutional protection. The recent decision of the Supreme Court in the case of Breard v. City of …
Constitutional Law-Due Process-Bill Of Attainder-Loyalty Oaths For City Employee, James I. Huston
Constitutional Law-Due Process-Bill Of Attainder-Loyalty Oaths For City Employee, James I. Huston
Michigan Law Review
In 1948, pursuant to an amendment to its charter, Los Angeles passed an ordinance which provided that all city employees must (1) take an oath that they did not espouse, and had not espoused within five years prior to the effective date of the ordinance, the forceful overthrow of the government; that they were not, nor had they been within the same period, affiliated with a group espousing such aims, and that they would not join any such group while in city employ, and (2) execute an affidavit relating whether they had ever belonged to the Communist Party, and if …
Constitutional Law-Eminent Domain-Government Seizure Of Business Property To Avert Strike As A "Taking" Under Fifth Amendment-Amount Of Wage Increase As Measure Of "Just Compensation", John F. Spindler
Michigan Law Review
In 1943, in an attempt to end a strike of the United Mine Workers which threatened the national war effort, the Government, acting under an executive order directing the Secretary of the Interior to take possession of the mines where necessary, seized most of the nation's coal mines. Although mine officials were required to agree to conduct operations as agents of the Government, to keep separate books for the period of government operation, to fly the American Flag over the mines, and to post notices that the mines were "United States Property," they were instructed to carry on the mining …