Law Commons^™

Constitutional Law-Relation Of State And Federal Governments-Application Of The Hatch Act To The Political Activity Of A State Official, Rolfe A. Worden S.Ed.

Michigan Law Review

Plaintiff brought an action to set aside a determination of the United States Civil Service Commission that his political activities while Illinois State Director of Conservation were in violation of the Hatch Act. The district court held that such an application of the Hatch Act would infringe upon the plaintiff's vested rights, and would contravene the constitutional guarantee to the state of a republican form of government. On appeal, held, reversed. Application of the Hatch Act to state employees does not deprive them of any vested rights under the United States Constitution. Palmer v. United States Civil Sero. Comm'n …

Embezzled Funds As Taxable Income: A Study In Judicial Footwork, Jerome B. Libin, George R. Haydon Jr.

Michigan Law Review

The James case might not be worthy of extensive comment if its only significance rested on the decision that embezzled funds constitute taxable income in the year of misappropriation. But close analysis of the five separate opinions that were written indicates that James may have considerable significance beyond its precise holding.

Obscenity: The Law, A Dissenting Voice, Erwin A. Elias

Kentucky Law Journal

No abstract provided.

The Administration’S Anti-Literacy Test Bill: Wholly Constitutional But Wholly Inadequate, William W. Van Alstyne

Faculty Publications

This discussion of Senate Bill 2750 addresses Congress’s ability to extend voting rights without resorting to a constitutional amendment. This paper also examines the efficacy of such a law.

Non-Injurious Establishments Of Religion, Terrence R. Fitzgerald

Kentucky Law Journal

No abstract provided.

Obscenity And The Law Of Reflection, Henry Miller

Kentucky Law Journal

No abstract provided.

The "Tropic Of Cancer" Litigation In Illinois, Elmer Gertz

Kentucky Law Journal

No abstract provided.

A Position On The Control Of Obscenity, John Cornelius Levy

Kentucky Law Journal

No abstract provided.

Film Censorship Since Roth-Alberts, George D. Haimbaugh Jr.

Kentucky Law Journal

No abstract provided.

Federalism And The Administration Of Criminal Justice: The Treatment Of Obscenity In The United States, Canada And Australia, Bernard Green

Kentucky Law Journal

No abstract provided.

Obscenity And The Japanese Constitution, Yasuo Tokikuni

Kentucky Law Journal

No abstract provided.

The Youth-Obscenity Problem--A Proposal, H. Hamilton Rice

Kentucky Law Journal

No abstract provided.

Constitutional Law--Probable Cause For Search And Seizure, Paul E. Hieronymous

Kentucky Law Journal

No abstract provided.

Book Review, William W. Van Alstyne

Faculty Scholarship

This review champions the editor’s use of Mr. Justice Black’s own opinions in showcasing his emphasis of the emancipating aspects of the Constitution. This work cautions the reader to avoid relying on this compilation as an accurate depiction of the state of the law, especially considering that most of the included opinions are dissents.

Constitutional Separation Of Church And State: The Quest For A Coherent Position, William W. Van Alstyne

Faculty Publications

No abstract provided.

Criminal Law--Double Jeopardy--Multiple Transgressions From A Single Act, Earl Moss Curry Jr.

West Virginia Law Review

No abstract provided.

Betts V. Brady Twenty Years Later: The Right To Counself And Due Process Values, Yale Kamisar

Michigan Law Review

I am quite distressed by talk that the landmark case of Mapp v. Ohio "suggests by analogy" that the Court may now overrule Betts v. Brady. For whether one talks about the fourth or the sixth amendment, there is much to be said for Justice Harlan's dissenting views in Mapp. "[W]hatever configurations ... have been developed in the particularizing federal precedents" should not be "deemed a part of 'ordered liberty,' and as such ... enforceable against the States .... [W]e would not be true to the Fourteenth Amendment were we merely to stretch the general principle [ of …

Conflict Of Laws-Full Faith And Credit-Extraterritorial Enforcement Of State Revenue Law, Edwin A. Howe Jr.

Michigan Law Review

As the operator of a parking lot within plaintiffs city limits, defendant was subject to a ten percent city tax on his gross receipts. He failed to report the whole of his receipts on his monthly tax returns, and plaintiff, the City of Philadelphia, duly notified him of a five thousand dollar deficiency. Defendant had a statutory right to petition for administrative review of the assessment within sixty days, failing which the liability would become fixed and no longer subject to review or appeal. Rather than appealing, defendant removed himself and his assets to New York, thus preventing plaintiff from …

Paul & Schwartz: Federal Censorship: Obscenity In The Mail, Harry Kalven Jr.

Michigan Law Review

A Review of Federal Censorship: Obscenity in the Mail. By James C. N. Paul and Murray L. Schwartz.

The Constitution And Contempt Of Court, Ronald Goldfarb

Michigan Law Review

Few legal devices find conflict within the lines of our Constitution with the ubiquity of the contempt power. These conflicts involve issues concerning the governmental power structure such as the separation of powers and the delicate balancing of federal-state relations. In addition, there are civil rights issues attributable to the conflict between the use of the contempt power and such vital procedural protections as the right to trial by jury, freedom from self-incrimination, double jeopardy, and indictment-to name only the most recurrent and controversial examples. Aside from these problems, there are other civil liberties issues, such as those involving freedom …

Federal Civil Procedure--Right To Trial By Jury--State Law Controlling In Characterization Of Issues As Legal Or Equitable, Donald E. Vacin S.Ed.

Michigan Law Review

An action for declaratory relief was brought in a federal district court to determine the validity of a contingent fee contract and the reasonableness of attorney's fees in a will contest case. Plaintiff's motion for summary judgment was sustained. On appeal, the court of appeals reversed and remanded with instructions to grant defendant's motion for jury trial, in accordance with Oklahoma practice, on the question whether the contingent fee contract was fair and free from fraud. The Supreme Court granted certiorari, vacated the judgment, and remanded the case for reconsideration in the light of a recent state decision. On reconsideration …

Recent Case Comments, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Full Faith and Credit--Prior Conflicting Divorce Decrees

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Conflict of Laws--Tax Claims of One State Held Not Enforceable in Another State

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Constitutional Law--Discrimination--Statute Prohibiting Racial Discrimination in Renting of Private Apartment Houses Does Not Violate Due Process

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Constitutional Law--Establishment of Religion--Recitation of State Composed Prayer in Public Schools Held Unconstitutional

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Criminal Law--Narcotics-Criminal Prosecution for Addiction Is a Cruel and Unusual Punishment Violating Eighth and Fourteenth Amendments

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Damages--Collateral Source Rule--Value of Medical Services Plaintiff Received as a Gratuity Not Allowed as Special Damages

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Due Process--Taxation of Insurance Premiums Paid to Foreign Insurers on Property …

Priority Paradoxes In Patent Law, Richard H. Stern

Vanderbilt Law Review

The constitutional provision governing patents gives Congress the power to promote the progress of useful arts "by securing for limited Times to... Inventors the exclusive Right to their... Discoveries. "'Because an "exclusive right" suggests an exclusive grant, the Patent Office interference proceeding has been created for the purpose of determining administratively the question of priority of rights between two or more parties claiming substantially the same invention. This article attempts to state in terms of an informal axiomatic system the rules of law for determining priority of invention, and then examine that system to explore its possible paradoxes Finally, an …

Book Review, Chester J. Antieau

Vanderbilt Law Review

Any book that educates the American community to an under-standing of and an appreciation for the Bill of Rights serves a laudable end. And conceivably any author is entitled to define his own terms. However, Mr. Weinberger indicates his displeasure with the traditional meaning of the term, "Bill of Rights," as embracing the first ten amendments and sets out to include within his comparable term what he calls "Additional Amendments Dealing with Personal Liberty"' thus adding the 13th, 14th, 15th and 19th amendments, as well as "Provisions in the Original Constitution Dealing with Personal Liberty" which he specifies as the …

Constitutional Law-Freedom Of The Press-Right Of News Media Personnel To Refuse To Disclose Confidenial Sources Of Information, Francis X. Beytagh Jr., S.Ed

Michigan Law Review

A former personnel director of a local Civil Service Commission instituted an action for reinstatement to that position, alleging that her recent ouster was illegal. In preparing for trial, defendant commission members took the deposition of a reporter for a local newspaper. Appellant reporter stated on direct examination that his suspicions regarding a contemplated attempt to fire plaintiff were in part based on certain information received from a confidential source. On pre-trial cross-examination appellant refused to disclose the source of this information, and plaintiff obtained a court order directing him to do so. On interlocutory appeal, held, order affirmed, …

Territorial Courts And Law: Unifying Factors In The Development Of American Legal Institutions-Pt.1-Establishment Of A Standardized Judicial System, William Wirt Blume, Elizabeth Gaspar Brown

Michigan Law Review

The United States first became a sovereign nation when individual states of the Confederation ceded to the states collectively their several interests in the lands west of the Appalachians which lay east of the Mississippi, north of Spanish Florida, and south of the Great Lakes. This area had been relinquished by Great Britain by the Treaty of 1783 and, with the exception of Kentucky, now became the property of the United States. It was the first area over which the states as a group had complete sovereignty, subject only to the claims of the various Indian tribes. Colonies fresh from …

Constitutional Law—Black Muslim Attempt To Gain Recognition Within The Prisons, Buffalo Law Review Board

Buffalo Law Review

Brown v. McGinnis, 10 N.Y.2d 531, 180 N.E.2d 791, 225 N.Y.S.2d 497 (1962).

Constitutional Law—Emergency Rent Control Law Amendment Of 1962 Upheld As No Denial Of Due Process Or Equal Protection, Bernard B. Freedman

Buffalo Law Review

Bucho Holding Co. v. Temporary State Housing Rent Comm'n, 11 N.Y.2d 469, 184 N.E.2d 569, 230 N.Y.S.2d 977 (1962).

Constitutional Law—Motorist Denied Right To Counsel Prior To Sobriety Test, David R. Knoll

Buffalo Law Review

Finocchairo v. Kelly, 11 N.Y.2d 58, 181 N.E.2d 427, 226 N.Y.S.2d 403 (1962) (mem.).

The Arthur Garfield Hays Civil Liberties Conference: Public Aid To Parochial Schools And Standing To Bring Suit, Norman Dorsen

Buffalo Law Review

No abstract provided.