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Articles 1 - 30 of 40
Full-Text Articles in Law
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Recent Cases
Agency--Liability of Master for Servant's Acts--State Permit to Operate
Agency--Possession as Indicia of Ownership
Constitutional Law--Aliens--Detention Where Deportations is Impossible
Courts--Contempt--Delay in Summary Punishment
Criminal Law--Habitual Criminal Statutes--Meaning of Previous Conviction Requirement
Domestic Relations--Liability of Husband for Necessaries of Wife Rightfully Living Apart
Income Taxation--Excludibility from Gross Income of Payment over Ceiling Price
Income Taxation--Taxable Income--Claim of Right
Procedure--Grand Jury--Motion to Expunge Defamatory Remarks in Report
Procedure--Statute of Limitations--Retroactive Operation
Statutes--Holding of Unconstitutionality Overruled--Necessity for Re-Enactment
Wills--Contest--Interest of Legatee's Representative
Can The Courts Erase The Color Line?, John P. Frank
Can The Courts Erase The Color Line?, John P. Frank
Buffalo Law Review
No abstract provided.
Constitutional Law--Privacy--Right Of Individual On Public Conveyances, G. D. H. S.
Constitutional Law--Privacy--Right Of Individual On Public Conveyances, G. D. H. S.
West Virginia Law Review
No abstract provided.
Paths To Constitutional Home Rule For Municipalities, Wallace Mendelson
Paths To Constitutional Home Rule For Municipalities, Wallace Mendelson
Vanderbilt Law Review
A basic American tradition is that problems which are national in scope (i.e., which "affect more states than one") shall be handled by the national government, while problems of merely state-wide concern are left for state government. Municipal home rule is the application of this basic principal in the relationship of the state to its towns and cities. To put the matter in the most simple and direct terms--nothing should be done at the national level that can be done efficiently by the states and nothing should be handled at the state level that can be dealt with effectively by …
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" Limitations On Amendments In Indiana
"Constitutional" Limitations On Amendments In Indiana
Indiana Law Journal
No abstract provided.
Constitutional Law—Freedom Of Religion—Chest X-Ray As A Condition Of Admission To State University, Gordon F. Crandall
Constitutional Law—Freedom Of Religion—Chest X-Ray As A Condition Of Admission To State University, Gordon F. Crandall
Washington Law Review
The Board of Regents of the University of Washington required that each student submit to a chest X-Ray examination for the purpose of disclosing tubercular infection. P, a Christian Scientist, sought to register for her senior year, and when she refused to submit to the examination she was denied admission. She then petitioned to the Regents for an exemption on the ground that to submit would violate her religious convictions. The petition was denied, and P now seeks a writ of mandamus to compel the Regents to admit her without requiring the X-Ray examination, contending, inter alia, that the requirement …
Ohio Valley Panorama, Albert S. Abel
Ohio Valley Panorama, Albert S. Abel
West Virginia Law Review
The past and present applications of the Compact Clause of the United States Constitution have been explored elsewhere so clearly and amply that their further investigation would be unrewarding. The stated ground of decision in West Virginia ex rel. Dyer v. Sims opens up for the interstate compact a promising future as a device for co-operative government. A contrary decision would have seriously, indeed almost fatally, weakened the clause. Adoption of proposed alternative reasons could have made its strength a matter of more menace than promise. The former conclusion is fairly obvious, the latter perhaps less so. The task of …
Damages--Duty To Pay Interest On Funds Withheld Under An Unconstitutional Statute, J. N. C.
Damages--Duty To Pay Interest On Funds Withheld Under An Unconstitutional Statute, J. N. C.
West Virginia Law Review
No abstract provided.
Taxation Of Interstate Commerce, L. A. S.
Taxation Of Interstate Commerce, L. A. S.
West Virginia Law Review
No abstract provided.
The Role Of The Privy Council In Judicial Review Of The Canadian Constitution--A Post-Script, Edward Mcwhinney
The Role Of The Privy Council In Judicial Review Of The Canadian Constitution--A Post-Script, Edward Mcwhinney
Vanderbilt Law Review
In its Preamble, the Constitution of Canada speaks of the desire of the Provinces of Canada to be "federally united into one Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in principle to that of the United Kingdom." Historically, then, the Constitution of Canada like the Constitution of the United States, stems from a compact between a number of different territorial units: the Provinces of Lower Canada (Quebec), Upper Canada (Ontario), and the two eastern maritime Provinces of Nova Scotia and New Brtnswick, joined together in 1867 to form the new …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Recent Cases
Adverse Possession--Statutes--May One Acquire an Indefeasible Life Estate under Tennessee Code Section 8582
Constitutional Law--Freedom of the Press--Effect of City Ordinance Prohibiting Solicitation of Magazine Subscriptions without Prior Consent of Person Solicited
Constitutional Law--Statutes--Requirement of Loyalty Oath as Valid Exercise of Police Power
Contracts--Procurement of Government Contracts on Contingent Fee Basis--Effect of Executive Order
Criminal Law--Mens Rea--Requirement in Action for Converting Government Property--Necessity for Criminal Intent
Damages--Injury to Child--Expenses of Parent in Attending Child
Divorce--Determination of Place Where Abandonment Occurs--Effect of Residence Requirement for Bringing Action
Domestic Relations--Legitimation Statute--Interpretation and Effect
Evidence--Unreasonable Searches and Seizures--Admissibility of Evidence Obtained …
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-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 …
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—Admission Of Evidence Obtained By Use Of Stomach Pump Violative Of Due Process, Joseph A. Taddeo
Constitutional Law—Admission Of Evidence Obtained By Use Of Stomach Pump Violative Of Due Process, Joseph A. Taddeo
Buffalo Law Review
Rochin v. People of California, 72 S. Ct. 205 (1952).
Group Libel And Criminal Libel, Alvin M. Glick
Group Libel And Criminal Libel, Alvin M. Glick
Buffalo Law Review
No abstract provided.
Constitutional Law—Due Process—Right To Counsel, Richard M. English
Constitutional Law—Due Process—Right To Counsel, Richard M. English
Buffalo Law Review
Palmer v. Ashe, Warden, 342 U. S. 134 (1951).
Eminent Domain—Private Property Destroyed Pursuant To Scorched Earth Policy—Held Compensable, Neil R. Farmelo
Eminent Domain—Private Property Destroyed Pursuant To Scorched Earth Policy—Held Compensable, Neil R. Farmelo
Buffalo Law Review
Caltex (Phillipines) Inc. v. United States, 100 Fed. Supp. 970 (Ct. Cl. 1951).
Equal Protection Of Law—Racial Restrictive Covenants—Damages For Breach Allowed, Maynard C. Schaus Jr.
Equal Protection Of Law—Racial Restrictive Covenants—Damages For Breach Allowed, Maynard C. Schaus Jr.
Buffalo Law Review
Correll v. Earley, __ Okl. __, 237 P. 2d 1017 (1951).
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
CONSTITUTIONAL LAW--RACIAL RESTRICTIVE COVENANTS--ALLOWANCE OF DAMAGES FOR BREACH
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CORPORATIONS--PARENT AND SUBSIDIARY--SUBSIDIARY AS INSTRUMENTALITY OF PARENT WHEN USED TO CARRY ON UNFAIR TRADE PRACTICES
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EVIDENCE--ADMISSIBILITY OF CONFESSION--SCOPE OF REVIEW OF COURT-MARTIAL BY COURT OF MILITARY APPEALS
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EVIDENCE--CONFLICT OF LAWS--APPLICATION OF DOCTRINE OF RES IPSA LOQUITUR
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EVIDENCE--DUE PROCESS--USE IN STATE PROSECUTION OF EVIDENCE FORCIBLY OBTAINED BY STOMACH PUMP
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EVIDENCE--ENTRIES IN THE REGULAR COURSE OF BUSINESS--TEST FOR EXTENT OF ADMISSIBILITY UNDER FEDERAL JUDICIAL CODE
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EVIDENCE--HEARSAY--ADOPTION OF LIBERAL ADMISSION RULES OF ADMINISTRATIVE TRIBUNALS IN ANTITRUST COURT ACTION
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EVIDENCE--IMPEACHMENT OF ONE'S OWN WITNESS--USE OF PRIOR INCONSISTENT STATEMENTS
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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.
State Statutes And The Full Faith And Credit Clause -- Hughes V. Fetter, Jay A. Hanover
State Statutes And The Full Faith And Credit Clause -- Hughes V. Fetter, Jay A. Hanover
Vanderbilt Law Review
The full faith and credit clause of the Constitution' has commonly been regarded as concerned only with the enforcement of foreign judgments between the states of the Union. The numerous cases which have come before the Supreme Court have dealt almost exclusively with the "judicial Proceedings" phrase of the clause, while the words "public Acts" and "Records" have been, for the most part, left untapped as a source of decisional law. It has only been in recent years that the Supreme Court has broadened its approach by applying the full faith and credit clause to the legislative acts of 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 …