Law Commons^™

Book Review, Julius Cohen, Edgar Bodenheimer, Alfred Hill, Judson F. Falknor, Max Rheinstein, Richard F. Scott, Dexter Delony, W. Paul Gormley, Maurice H. Merrill, Norman Bursler, Neil N. Bernstein

Journal of Legal Education

No abstract provided.

The Eavesdroppers, By Samuel Dash, Alfred Alvins

Indiana Law Journal

No abstract provided.

Washington Case Law—1959; Constitutional Law, Joyce M. Thomas, Timothy R. Clifford

Washington Law Review

Presented below is the seventh annual Survey of Washington Case Law. The articles in this survey issue have been written by second-year students as a part of their program to attain status as nominees to the Law Review. The second-year students were guided in their work by the Casenote Survey Editor of the Law Review and by various members of the law school faculty. The case survey issue does not represent an attempt to discuss every Washington case decided in 1959. Rather, its purpose is to point out those cases which, in the opinion of the Editorial Board, constitute substantial …

Book Reviews, Willard L. Boyd, Robert Meisenholder, Robert H. Skilton, Charles Seligson, Allan F. Smith, Charles L. B. Lowndes, Elvin E. Overton, Julio Cueto-Rua, W. Paul Gormley, John J. Yeager, James A. Rahl, Carl H. Fulda

Journal of Legal Education

No abstract provided.

Constitutional Law--Court-Martial--Jurisdiction Over Civilian Dependents And Employees, A. M. P.

West Virginia Law Review

No abstract provided.

Constitutional Law--Due Process--Evidence Required To Sustain Criminal Convictions, J. Mc K.

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, M. J. F.

West Virginia Law Review

No abstract provided.

The Courts And Bible Reading In The Public Schools, A. G. H.

West Virginia Law Review

No abstract provided.

Constitutional Law - Civil Rights - Restrictions On The Use Of Legal Materials By Prisoner, Russell A. Mcnair Jr.

Michigan Law Review

Plaintiff prisoners brought separate actions against the warden of the Oregon State Penitentiary, alleging that the enforcement by prison officials of restrictions on the availability, use and purchase of law books resulted in a denial of full access to the courts. It was further alleged that each of them must do by himself all or part of the legal preparation necessary to contest his detention or to defend criminal charges pending against him in a state or federal court. In proceedings brought in the federal district court under the Civil Rights Act to enjoin further enforcement of these restrictions, held …

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.

Public Speech And Public Order In Britain And The United States, Richard E. Stewart

Vanderbilt Law Review

This paper will not attempt a general comparison of free speech in Britain and the United States. It concentrates on one aspect of the free speech problem. That aspect is speech that does or may lead to a breach of the peace by the audience.'

Free Will In The Frontiers Of Federalism, John R. Brown

Michigan Law Review

In an assembly dedicated, as this one is, to frontiers in law and legal education in celebration of the centennial of this great Law School and forecasting what is to be expected in the next one hundred years, the idea of states' rights-of the federal-state relationship-has seemed almost ironic.

Search And Seizure - Suppression Of Evidence - Judicial Attitude Toward Enforcement, John B. Waite

Michigan Law Review

The "numbers game" is today the most profitable of the wide-spread gambling rackets. And like all organized gambling it is a focal source and the financial support of far more serious crimes. At the same time it is one of the most difficult forms of crime for the police to control. It needs no costly installations which the police can confiscate or destroy. Unlike "house" gambling it cannot practically be harassed out of business. It can be operated by one man alone, if he survives failure to pay off for lack of capital; or by a syndicate with capital enough …

Greenberg: Race Relations And American Law, Spencer L. Kimball

Michigan Law Review

A Review of RACE RELATIONS AND AMERICAN LAW. By Jack Greenberg.

Constitutional Law - Due Process - Zoning Restrictions Requiring Land Owners To Provide Off-Street Parking, Eldon Olson

Michigan Law Review

In 1956 the City of Denver passed an ordinance requiring land owners to provide off-street parking if and when they erect new buildings or make structural alterations or change the existing use of the land. The restriction applied to a district adjacent to the traditional downtown district which was in the process of changing from residential to commercial. The ordinance did not specify whether the property owners retained control over parking areas, but the city argued that parking could be restricted to persons using the property. Plaintiff property owners alleged the ordinance was unconstitutional and were granted a declaratory judgment …

Civil Rights - Elections - Federal Injunction Against Racial Discrimination, Robert Jillson

Michigan Law Review

In September 1958, in its first complaint under the Civil Rights Act of 1957, the United States sought to enjoin certain election registrars and deputy registrars in Terrell County, Georgia from continuing racially-discriminatory practices in their registration of voters. The defendants, claiming the 1957 statute to be unconstitutional, moved for dismissal. The district court granted defendants' motion, rejecting government arguments that the subsection authorizing suit by the United States was limited to cases, like the case before the Court, of discrimination by the state. On direct appeal to the Supreme Court, held, reversed. Because the alleged racial discrimination by …

The Constitutional Limits Of Discovery

Indiana Law Journal

No abstract provided.

Constitutional Law - Due Process And Right Of Confrontation- Jencks Act, Robert J. Margolin S.Ed.

Michigan Law Review

The Jencks Act like the rule it purportedly reaffirmed, was designed to insure "justice." Although the stated purpose of the act was to preserve the rights of any defendant under due process of law, the question remains unresolved whether, in articulating the rule in terms of "justice," the Court in Jencks v. United States incorporated it into the requirements of due process. To be sure, the underlying intent of both the Court and Congress is unclear, but of far more concern than the intent is whether the Jencks Act, in fact, violates the constitutional mandates of the Fifth and Sixth …

Constitutional Law - Substantive Due Process - Statute Prohibiting Use Of Contraceptives, Erik J. Stapper S.Ed.

Michigan Law Review

A Connecticut statute prohibits the use of contraceptives to prevent conception. Plaintiff-doctor sought a declaratory judgment to have the statute declared unconstitutional as an unreasonable restraint on his right to practice his profession inasmuch as his advice would render him an accessory to a violation of the statute. Three companion cases were also brought, one by a patient to whom another pregnancy would present serious danger, and two by married couples who could not give birth to normal children. The patients claimed that the statute deprived them of the doctor's best medical advice which would relieve them of a dangerous …

Natural Rights And The Founding Fathers-The Virginians, Chester James Antieau

Washington and Lee Law Review

No abstract provided.

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 …

Constitutional Law - Due Process - Summary Dismissal Of A State Employee Who Invokes Fifth Amendment Before A Congressional Committee, John L. Peschel

Michigan Law Review

While employed as a social worker by the County of Los Angeles, Globe was subpoenaed to appear before a subcommittee of the House Un-American Activities Committee. California law imposed a duty on public employees to appear before certain tribunals and answer questions within specified categories, including an inquiry by a committee of the United States Congress as to past or present membership in the Communist Party. Failure to comply with the statute constituted insubordination, which would result in dismissal "in the manner provided by law." Because Globe had not yet acquired tenure, he was not entitled under civil service rules …

The Right To Bear Arms, A Study In Judicial Misinterpretation, Stuart R. Hays

William & Mary Law Review

No abstract provided.

Right To Counsel - An Unrecognized Right, Neil W. Schilke

William & Mary Law Review

No abstract provided.

The Bill Of Rights: A Limitation On The Several States Or The Federal Government?, David Wittingham

William & Mary Law Review

No abstract provided.

Constitutional Law, Freedom Of Speech, Lack Of Scienter In City Ordinance Against Obscenity Violates First Amendment, Douglas A. Boeckmann

William & Mary Law Review

No abstract provided.

The Constitution And The Standing Army: Another Problem Of Court-Martial Jurisdiction, Robert D. Duke, Howard S. Vogel

Vanderbilt Law Review

With the emergence of the Soviet menace after World War II, the United States has, for the first time in its history, found it essential to maintain, both here and abroad, a large standing armed force in what is technically peacetime. That has in turn brought to the fore important and novel questions concerning the jurisdiction which courts martial may constitutionally exercise. With millions of Americans serving and likely to serve in the armed forces, it is to be expected that the Supreme Court will scrutinize, with more care than ever before, legislation which purports to strip from these"citizen soldiers" …

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONSTITUTIONAL LAW--PRE-EMPTION--FEDERAL COMMUNICATIONS ACT OF 1934 DOES NOT INVALIDATE STATE WIRETAPPING STATUTE

===============================

CONSTITUTIONAL LAW--SCHOOLS--UNCONSTITUTIONALITY OF STATUTE REQUIRING BIBLE READING IN PUBLIC SCHOOLS

===============================

CRIMINAL LAW--BRIBERY--OFFER TO GIVE MONEY TO CONGRESSMAN'S POLITICAL PARTY

===============================

CRIMINAL LAW--CONFESSIONS--REQUIREMENT OF CORROBORATION OF EXTRAJUDICIAL CONFESSION

===============================

EVIDENCE--EXPERT TESTIMONY--INADMISSIBILITY OF EXPERT TESTIMONY THAT A NARCOTIC ADDICT IS UNWORTHY OF BELIEF

===============================

FEDERAL RULES CIVIL PROCEDURE--DECLARATORY JUDGMENTS--RIGHT OF COUNTERCLAIMING DEFENDANT TO TRIAL BY JURY

===============================

PROFESSION OF LAW--UNAUTHORIZED PRACTICE--CORPORATION MAY ENGAGE IN ACTIVITIES CONSTITUTING PRACTICE OF LAW IF SUCH ACTIVITIES ARE INCIDENTAL TO ITS PRINCIPAL BUSINESS

================================

STATE AND LOCAL TAXATION--INVALID ASSESSMENTS-JUDICIAL REVIEW AFTER FAILURE TO …

Constitutional Law--Freedom Of Speech And Press--Determination Of Obscenity, J. G. V. M.

West Virginia Law Review

No abstract provided.

Constitutional Law--Due Process--What Constitutes "Doing Business", J. Mc K.

West Virginia Law Review

No abstract provided.