Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 48 of 48

Full-Text Articles in Law

Constitutional Law - Due Process - Freedom Of Expression - Motion Picture Censorship, Constantine D. Kasson S.Ed. Feb 1954

Constitutional Law - Due Process - Freedom Of Expression - Motion Picture Censorship, Constantine D. Kasson S.Ed.

Michigan Law Review

The New York Court of Appeals upheld the denial of a license to exhibit the French motion picture "La Ronde'' upon the grounds that it was "immoral'' and "would tend to corrupt morals." Censorship of the picture, which dealt with promiscuous sex relations, was held to be a proper exercise of the police power, since its exhibition would present a clear and present danger to the morals of the community, and the words "immoral" and "tend to corrupt morals" were held sufficiently definite for purposes of due process. In another censorship case, the Supreme Court of Ohio affirmed the rejection …


Constitutional Law - Censorship Of Obscence Literature, Donald M. Wilkinson, Jr. S.Ed. Feb 1954

Constitutional Law - Censorship Of Obscence Literature, Donald M. Wilkinson, Jr. S.Ed.

Michigan Law Review

The right to a free expression of ideas, without interference from governmental authorities, is inherent in the very nature of a democracy. On the other hand, it is also clear that the greater interests of the state at large will conflict with certain forms of expression, and in such circumstances obviously the former must prevail. It is the purpose of this comment to discuss the constitutional limitations on the governmental suppression of literature on grounds of obscenity.


Conflict Of Laws - Full Faith And Credit - Foreign Custody Decrees, Theodore J. St. Antoine S.Ed. Feb 1954

Conflict Of Laws - Full Faith And Credit - Foreign Custody Decrees, Theodore J. St. Antoine S.Ed.

Michigan Law Review

Husband and wife were domiciled in Wisconsin. When marital troubles developed, the parties agreed that the wife should. take their children to Ohio and. there decide on her future action. Shortly afterward the wife informed the husband. she was not returning. The husband secured. a divorce in Wisconsin, with the decree purporting to award. him custody of the children subject to visitation rights in the wife. Service on the wife was · obtained by publication, but she made no appearance in the Wisconsin proceedings. After one of the visits of the children, the wife refused. to return them and. the …


Constitutional Law - Civil Rights - Right Of Negro To Vote In State Primary Elections, John C. Hall S.Ed. Feb 1954

Constitutional Law - Civil Rights - Right Of Negro To Vote In State Primary Elections, John C. Hall S.Ed.

Michigan Law Review

The Jaybird Democratic Association was formed in Fort Bend County, Texas, in 1889. Membership was open to all white voters in the county. The association was not governed by the state statute regulating political parties. Candidates nominated by the Jaybird Party entered the Democratic county primary as individuals, not as Jaybird candidates, but those candidates won both the Democratic primary and the general election with only one exception in the entire history of the Jaybird Party. Terry, a Negro, sought a declaratory judgment and injunction permitting Negroes to vote in the Jaybird primary. The federal district court ruled that the …


Constitutional Law - Due Process - Scope Of Inquiry In Habeas Corpus Petitions From Military Prisoner, Eugene Alkema Feb 1954

Constitutional Law - Due Process - Scope Of Inquiry In Habeas Corpus Petitions From Military Prisoner, Eugene Alkema

Michigan Law Review

Petitioners, military personnel, were convicted by courts martial of rape and murder. After exhausting military appellate remedies, they petitioned federal civil courts for writs of habeas corpus on the ground that they had been convicted in proceedings denying them basic constitutional rights. The petitions were denied. On appeal, held, affirmed, two justices dissenting. When the record shows that military courts have fairly considered all of the allegations of the petitioners and have found no denial of constitutional rights, civil courts in habeas corpus proceedings will not hear evidence on the merits of the allegations. Burns v. Wilson, 346 …


The Federalism Of Freedom, Chester James Antieau Jan 1954

The Federalism Of Freedom, Chester James Antieau

Kentucky Law Journal

No abstract provided.


Potentialities Of Equal Protection As An Implement Of Judicial Review Jan 1954

Potentialities Of Equal Protection As An Implement Of Judicial Review

Indiana Law Journal

No abstract provided.


Right Of Accused To Be Confronted With His Accusers Not Guaranteed By The Fourteenth Amendment - Stein V. People Of The State Of New York Jan 1954

Right Of Accused To Be Confronted With His Accusers Not Guaranteed By The Fourteenth Amendment - Stein V. People Of The State Of New York

Maryland Law Review

No abstract provided.


Constitutionality Of Submitting To Jury Voluntariness Of Confession When There Is Other Evidence Sufficient To Convict - Stein V. People Of The State Of New York Jan 1954

Constitutionality Of Submitting To Jury Voluntariness Of Confession When There Is Other Evidence Sufficient To Convict - Stein V. People Of The State Of New York

Maryland Law Review

No abstract provided.


Constitutional Law--Commerce Clause--Municipal Occupational Privilege Taxes--Photographers, Charles Richard Doyle Jan 1954

Constitutional Law--Commerce Clause--Municipal Occupational Privilege Taxes--Photographers, Charles Richard Doyle

Kentucky Law Journal

No abstract provided.


Search And Seizure Under The Fourth Amendment As Interpreted By The United States Supreme Court, E. G. Trimble Jan 1954

Search And Seizure Under The Fourth Amendment As Interpreted By The United States Supreme Court, E. G. Trimble

Kentucky Law Journal

No abstract provided.


When May Parties Litigant Assert Constitutional Rights Of Others? - Barrows V. Jackson Jan 1954

When May Parties Litigant Assert Constitutional Rights Of Others? - Barrows V. Jackson

Maryland Law Review

No abstract provided.


Search And Seizure--Search Of An Automobile Without A Search Warrant, Gardner L. Turner Jan 1954

Search And Seizure--Search Of An Automobile Without A Search Warrant, Gardner L. Turner

Kentucky Law Journal

No abstract provided.


Constitutional Law--State Taxation Of Interstate Commerce, William C. Brafford Jr. Jan 1954

Constitutional Law--State Taxation Of Interstate Commerce, William C. Brafford Jr.

Kentucky Law Journal

No abstract provided.


Corporations - Sale Of Assets As A Means Of Avoiding State Constitutional Limitation On Corporate Life, Judson M. Werbelow Jan 1954

Corporations - Sale Of Assets As A Means Of Avoiding State Constitutional Limitation On Corporate Life, Judson M. Werbelow

Michigan Law Review

Defendant, a Michigan corporation, was incorporated in 1923 for a term of thirty years, the maximum term permitted by the Michigan constitution. Shortly before this thirty-year term was to expire, majority and minority stockholders engaged in unsuccessful negotiations, each group attempting to purchase the other's interest in the corporation. A special stockholders' meeting was then called to consider a proposed renewal of the corporate term. This proposal failed to gamer the vote of two-thirds of the outstanding shares which was required for approval. The attorneys representing the majority shareholders proceeded to organize a dummy corporation, which in tum offered the …


Federal Control Of Health And Safety Standards In Peacetime Private Atomic Energy Activities, Samuel D. Estep Jan 1954

Federal Control Of Health And Safety Standards In Peacetime Private Atomic Energy Activities, Samuel D. Estep

Michigan Law Review

This article is directed to the question of the power of Congress to provide for such regulation of those who handle radioactive materials in private industry and not to the policy question of whether Congress ought to attempt such regulation.


Constitutional Law - Due Process - Coerced Confessions And The Stein Case, Marvin O. Young S.Ed. Jan 1954

Constitutional Law - Due Process - Coerced Confessions And The Stein Case, Marvin O. Young S.Ed.

Michigan Law Review

Stein v. People of State of New York, a coerced confession case decided by the Supreme Court last June, at first suggests some rather startling propositions about the effect of a denial of procedural due process. Since Brown v. Mississippi in 1936 it has been well settled that the admission of a coerced confession into evidence in a state criminal proceeding contravenes the due process guaranty of the Fourteenth Amendment. In the confession cases subsequently considered by the Supreme Court it has been consistently held that the admission of an extorted confession vitiates the entire proceeding and renders the …


Evidence - Wiretapping And The Congress, Richard W. Pogue S.Ed. Jan 1954

Evidence - Wiretapping And The Congress, Richard W. Pogue S.Ed.

Michigan Law Review

The familiar cry that "there ought to be a law" is frequently raised concerning the practice which Justice Holmes long ago characterized as "dirty business" - the tapping of telephone wires. Although existing legislation on both federal and state levels deals with interception of telephone messages, the almost universal conclusion of commentators on the subject has been that many of the present day statutes are inadequate. It is particularly apparent that the famous section 605 of the Federal Communications Act of 1934 has long been in need of replacement or thorough revision. The purpose of this comment is to examine …