Law Commons^™

Constitutional Law - Insanity - Issue Of Insanity Can Be Raised By Court Or Prosecution, Michael R. Bradley

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law--Extensions Of The Brown Case, William H. Fortune

Kentucky Law Journal

No abstract provided.

Some Enduring Misconceptions Of American Constitutional History, Samuel Krislov

Indiana Law Journal

No abstract provided.

The O’Meara Case And Constitutional Requirements Of State Anti-Discrimination Housing Laws, William W. Van Alstyne

Faculty Scholarship

Against the backdrop of the highly criticized O’Meara case, this comment explores the possible rational bases a state could use to support a differentiation between publicly-assisted and unassisted home owners. This comment also addresses the question of how substantial that rational bases must be in order to survive the requirements of equal protection.

Pennsylvania—A Cinematic Gomorrah?, Roger V. Barth

Buffalo Law Review

William Goldman Theatres, Inc. v. Dana, 405 Pa. 83, 173 A.2d 59 (1961).

Legislation On The American Frontier: Adoption Of Laws By Governor And Judges-Northwest Territory 1788-1798: Indiana Territory 1800-1804; Michigan Territory 1805-1823, William Wirt Blume

Michigan Law Review

The Northwest Ordinance of 1787 made provisions for legislation by the territorial government in two stages: (1) adoption of laws by the governor and judges from the laws of the original states, and (2) enactment of statutes by a legislature made up of the governor, a council, and elected representatives. The first method was to be followed until the population should reach 5,000 and the second method thereafter. The present study is limited to the first stage.

Book Review. Wechsler, H., Principles, Politics, And Fundamental Law, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Constitutional Law--Fourteenth Amendment State Action--State Involvement In Private Discrimination, Robert G. Lawson

Kentucky Law Journal

No abstract provided.

Motion Picture Censorship And Constitutional Freedom, P. D. Mcanany

Kentucky Law Journal

No abstract provided.

Constitutional Law--Right Of States To Punish For Narcotic Addiction, William L. Montague

Kentucky Law Journal

No abstract provided.

Executive Privilege In The Federal Courts, Paul Hardin Iii

Faculty Scholarship

No abstract provided.

Comment: Sit-Ins And State Action- Mr. Justice Douglas, Concurring, Kenneth L. Karst, William W. Van Alstyne

Faculty Publications

This analysis of Mr. Justice Douglas’ concurrence in Garner v. Louisiana pays special attention to the lip service Justice Douglas pays to the state action requirement while never fully addressing such an issue.

Constitutional Law--Police Power--Regulation Of Junk Yards, Herbert Stephenson Boreman Jr.

West Virginia Law Review

No abstract provided.

Constitutional Law--Sunday Closing Laws--Validity Sustained, Forest Jackson Bowman

West Virginia Law Review

No abstract provided.

Constitutional Law--Unlawful Search And Seizure--Evidence Obtained Thereby Not Admissible In State Courts, John Templeton Kay Jr.

West Virginia Law Review

No abstract provided.

Some Problems Of Evidence Before The Labor Arbitrator, R. W. Fleming

Michigan Law Review

Legal rules of evidence do not, of course, apply before the labor arbitrator. This is not surprising since such rules were developed in connection with jury trials, and do not apply strictly in any tribunal but a jury-court. The whole theory of the arbitration tribunal is that it is composed of experts who repeatedly inquire into a relatively homogeneous kind of cases. Exclusionary rules are hardly required as a precautionary measure. Indeed, as the late Harry Shulman said in his classic Oliver Wendell Holmes lecture at Harvard in 1955, "The more serious danger is not that the arbitrator will hear …

Criminal Procedure - Search And Seizure - Federal Court Injunction Against State Officer To Suppress Illegally Obtained Evidence In State Court, S. Anthony Benton

Michigan Law Review

Federal customs enforcement officers suspected plaintiff of theft from a waterfront pier. In the course of their investigation they searched plaintiff's home without a search warrant and detained plaintiff for questioning without first bringing him before a federal commissioner. Both acts violated the Federal Rules of Criminal Procedure. Defendant, a state officer, although not a participant in the search, was present during the illegal detention at the invitation of the federal officers. Plaintiff obtained an order in federal district court enjoining defendant from giving any testimony or producing any evidence in state criminal proceedings against him with respect to property …

Church And State: Cooperative Separatism, Paul G. Kauper

Michigan Law Review

Nothing is better calculated to stimulate argument, arouse controversy, excite the emotions and even produce intense visceral reactions than a discussion of church-state relations. Always a subject of lively interest, it has received added attention and emphasis in recent months. Perhaps at no time in at least the modem era of American history have the questions of the proper relationship between religion and government been more thoroughly publicized and explored, and the issues more widely debated, than during the period beginning with the presidential campaign of 1960.

State Control Of Radiation Hazards: An Intergovernmental Relations Problem, Samuel D. Estep, Martin Adelman

Michigan Law Review

The purpose of this article is to set forth the nature of the intergovernmental problem. This involves an analysis of the extent and limitations of federal power, a determination of congressional intent on the issue of federal pre-emption, and an appraisal of the steps now being taken by the Atomic Energy Commission to turn over part of the radiation safety regulatory program to the states.

Constitutional Law-Eminent Domain-Master Flight Plan As A Taking Of Land Under Approach Area To Municipal Airport, Ralph L. Wright S. Ed

Michigan Law Review

Plaintiff owned land adjacent to the Greater Pittsburgh Airport which lay under an approach area for one of the runways. Allegheny County, in compliance with rules and regulations of the Civil Aeronautics Authority, drafted a "Master Plan," approved by the CAA, which showed the approach area over part of plaintiff's property. Plaintiff sued to recover damages from the county, owner and operator of the airport, alleging an appropriation of his land because of the substantial interference with its use and enjoyment caused by flights at low altitudes above his land during landings and take-offs. Upon an award of damages by …

Compulsory Disclosure And The First Amendment - The Scope Of Judicial Review, Robert B. Kent

Cornell Law Faculty Publications

Involvement of the Supreme Court of the United States with highly charged public issues understandably occasions fresh debate concerning the proper role of the Court in determining questions of ultimate governmental power, in short, debate over the doctrine of judicial review.

As it is sometimes difficult for the judge to distinguish between what is unconstitutional and what is merely unwise, so it is difficult for the critic to disassociate his reaction to the results reached in a given case from his evaluation of the competence of the particular judicial performance. For some the failure to draw such a line robs …

Constitutional Law—A New Definition Of Obscenity, Jerome D. Remson

Buffalo Law Review

People v. Richmond County News, Inc., 9 N.Y.2d 578, 216 N.Y.S.2d 369 (1961).

Constitutional Law—Statute Proscribing Sale Of Obscene Materials Requires Scienter, Buffalo Law Review Board

Buffalo Law Review

People v. Finklestein, 9 N.Y.2d 342, 214 N.Y.S.2d 363 (1961).

Constitutional Law—Due Process And Police Power—Criminal Statutes, Miles A. Lance

Buffalo Law Review

People v. Bunis, 9 N.Y.2d 1, 210 N.Y.S.2d 505 (1961); People v. Merolla, 9 N.Y.2d 62, 211 N.Y.S.2d 155 (1961); People v. Munoz, 9 N.Y.2d 51, 211 N.Y.S.2d 146 (1961).

Constitutional Law—Regent's Prayer Held Constitutional, Patricia A. Leary

Buffalo Law Review

Engel v. Vitale, 10 N.Y.2d 174, 218 N.Y.S.2d 659 (1961).

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Freedom of Speech--Prior Restraint on Motion Picture Exhibition

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Criminal Law--Murder--Year and a Day Rule Rejected in Pennsylvania

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Real Property--Restraints on Alienation--Conveyance Giving Housing Cooperative First Option to Buy and Right to Redeem is not an Invalid Restraint on Alienation

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Taxation--Income Tax--Uncompensated Casualty Loss Due to Drought Allowed as Section 165 Deduction

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Torts--Negligence--Fireman in Performance of Duties Allowed Recovery as Invitee

Book Review Of Justices Black And Frankfurter: Conflict In The Court, Richard G. Stevens

William & Mary Law Review

No abstract provided.

Constitutional Law, Walter C. Howe Jr.

Washington Law Review

Covers cases on the right to counsel.

Constitutional Law- Freedom Of Religion- Tuition Payments To Parochial Schools Violate Fourteenth Amendment, William S. Bach

Michigan Law Review

Because defendant school district did not maintain a high school within the school district, tuition payments were made, as provided by statute, to the high schools attended by pupils residing within the district. The parents of each student selected the high school to be attended. As a result of this program, some tuition payments were made to high schools operated by the Roman Catholic Church. Plaintiff taxpayer sought in a declaratory judgment a determination of the validity of tuition payments made to Catholic high schools under the United States Constitution and the Constitution of Vermont. The court of chancery held …

The Investigatory Powers Of The Comptroller General Of The United States, Gustave M. Hauser

Michigan Law Review

This article examines the statutory responsibility and authority of the Comptroller General to investigate executive action for the purpose of determining whether the legitimacy of his requests for information may be challenged by the executive branch on statutory as well as on constitutional grounds.