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Full-Text Articles in Law

Constitutional Law--1960 Tennessee Survey, James C. Kirby Jr. Oct 1960

Constitutional Law--1960 Tennessee Survey, James C. Kirby Jr.

Vanderbilt Law Review

Eminent Domain--Just Compensation.-Landowners sued the Tennessee Commissioner of Highways and Public Works for compensation for a taking of property for the state's superhighway program in Brooksbank v. Leech. The trial court sustained a demurrer on the ground that the suit was barred by sovereign immunity. In order to dispose of this question on appeal the supreme court first determined whether the legislature had provided an adequate statutory method for just compensation, the absence of which would have rendered the taking unconstitutional under both article I, section 21, of the Constitution of Tennessee and the due process clause of the United …


The Constitutions Of West Germany And The United States: A Comparative Study, Paul G. Kauper Jun 1960

The Constitutions Of West Germany And The United States: A Comparative Study, Paul G. Kauper

Michigan Law Review

The purpose of this article is to present a descriptive overall picture of the fundamental features of the system established by the Basic Law and at the same time point up significant comparisons and contrasts by reference to the Constitution. Eleven years have now elapsed since the Basic Law went into effect, and significant decisions of the Federal Constitutional Court (Bundesverfassungsgericht ) noted at the appropriate points, serve to illuminate the working of the system established by it.


Civil Rights - Due Process - Action For Civil Conspiracy Based On Section 1983, James B. Blanchard Mar 1960

Civil Rights - Due Process - Action For Civil Conspiracy Based On Section 1983, James B. Blanchard

Michigan Law Review

In an action for damages based on sections 1983 and 1985 of the Civil Rights Act, plaintiff alleged that a county health officer and his deputy, pursuant to a conspiracy, forcibly took plaintiff to a mental hospital and confined him there for a period of two months in willful violation of a state court order requiring plaintiff to be brought before the court for a sanity hearing. Plaintiff also alleged a false return of citation to the court by the officers and an intentional suppression of facts by the officers and the examining physician regarding plaintiff's illegal detention. Plaintiff contended …