Law Commons^™

Abstracts Of Recent Cases, G. H. A.

West Virginia Law Review

No abstract provided.

Constitutional Law--Freedom Of The Press--Testimony Privilege Of Journalist, L. B. S.

West Virginia Law Review

No abstract provided.

"Federal Question" Jurisdiction -- A Snare And A Delusion, Ernest J. London

Michigan Law Review

Poorly defined criteria in the area of jurisdiction are especially wasteful, generating as they often do expensive and protracted litigation over threshold issues, rather than promoting the speedy determination of lawsuits on their merits. One of the most perplexing exercises in American law practice is the effort to define with certainty the original jurisdiction of the lower federal courts in matters where there is no diversity of citizenship. Although this general head of federal jurisdiction has persistently and pervasively been characterized as "federal question" jurisdiction, it is doubtful whether there is, in fact, original jurisdiction in the lower federal courts …

Constitutional Law - Commerce Clause - Power Of States To Levy Net Income Tax On Businesses Engaged In Soley Interstate Commerce, John C. Peters S.Ed.

Michigan Law Review

Appellant, an Iowa corporation, maintained a sales office in Minnesota and employed salesmen who solicited orders from dealers within that state, though all of its sales contracts were made at the corporation's home office in Iowa. In accordance with a Minnesota statute, a state net income tax, fairly apportioned to the state's share of the corporation's interstate business, was levied upon appellant. In a suit brought by the state to collect this tax, appellant contended that the statute as applied violated the commerce and due process clauses of the Federal Constitution because it taxed the net proceeds of a business …

Book Reviews, Fleming James Jr., Kenneth H. York, A. G. Murphy Jr., Stefan A. Riesenfeld, Maynard E. Pirsig, Richard Lloyd Strecker, William P. Murphy, James K. Marshall, Wirt Peters, Phil C. Neal, Edward D. Re, Robert Kingsley, Lehan K. Tunks

Journal of Legal Education

No abstract provided.

Multiple Prosecutions, Collateral Estoppel And The Constitution

Washington and Lee Law Review

No abstract provided.

Constitutional Law - Courts - Martial - Power Of Congress To Provide For Military Jurisdiction Over Retired Servicemen, Stephen B. Flood

Michigan Law Review

A retired naval officer was charged with violations of the Uniform Code of Military Justice based upon acts of sodomy occurring after his retirement. At arraignment he challenged the jurisdiction of the military tribunal on the ground that Article 2(4) of the U.C.M.J., providing for court-martial jurisdiction over retired servicemen, contravenes the Fifth Amendment. The court-martial and the board of review overruled this objection, and the accused was convicted and sentenced. On appeal, held, while jurisdiction is proper, reversed on other grounds for further proceedings. A retired member of the armed forces who is entitled to pay is a …

Constitutional Law - Search And Seizure - Admissibility In A Federal Court Of Evidence Illegally Obtained By State Officers, Robert J. Paley

Michigan Law Review

In response to a call from a citizen whose suspicions had been aroused by the actions of the defendant and a companion, Maryland police unlawfully arrested the companion and searched the premises occupied by him and the defendant. & a result of this search, money was found which had been stolen in the District of Columbia. Although the search was illegal under Maryland law and in violation of the Fourteenth Amendment, this money was used as evidence to convict the defendant of housebreaking and larceny in the District of Columbia federal court. On appeal, held, conviction reversed and remanded …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Due Process of Law--Constitutionality of the Federal Youth Corrections Act in Its Application to Youthful Criminal Offenders

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

Constitutional Law--Legislative Power--Infringement of Constitutional Guaranties by Demands of Legislative Investigating Committees for the Production of Membership Lists

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

Courts--Process--Immunity of Nonresident Defendants in Federal Criminal Actions from Service of State Civil Process

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

Damages--Installment Verdict in Tort Action

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

Domestic Relations--Separation--Suit by Mentally Incompetent Wife

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

Interstate Commerce--Hobbs Act--"Robbery" Provision Construed as Requiring Proof of Common Law Elements of Offense

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

Taxation--Income--Determination of "Useful Life" of a Business Asset for Purposes of Depreciation

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

Taxation--Income--Full Payment of Tax Deficiency as …

Constitutional Law--Right To Decline To Give Incriminating Testimony--Disciplinary Action Against Lawyers, T. V. W.

West Virginia Law Review

No abstract provided.

Constitutional Law--Due Process In Determination Of Sanity Of Condemned Prisoners--Remedial Procedures, J. J. P.

West Virginia Law Review

No abstract provided.

Constitutional Law--Interstate Commerce--State Control Of Interstate Activities, J. F. W. Jr.

West Virginia Law Review

No abstract provided.

Labor Law - Labor Management Relations Act - Linking "Employer Free Speech" To No-Solicitation Rule, Barbara Burger

Michigan Law Review

During an organizational campaign the employer prohibited any dissemination of literature on company property and soliciting or campaigning on company time by employees while itself distributing within the plant non-threatening, anti-union literature. General Counsel for the NLRB contended that by this conduct the employer "interfered with, restrained or coerced" employees in their exercise of the right to self-organization. This contention was rejected by the NLRB, but on appeal was accepted by the Court of Appeals for the District of Columbia. On certiorari to the United States Supreme Court, held, reversed, two justices dissenting. Even if an employer could commit …

Constitutional Uniformity And Equality In State Taxation, Wade J. Newhouse

Michigan Legal Studies Series

The method of approach and arrangement of materials are developed during the course of the monograph. Therefore, it is not necessary to repeat them here. The purpose of the study is twofold. First, it should provide background material for constitutional revision. Second, it should aid counsel and court in deciding cases arising under existing constitutional limitations and state legislatures in drafting tax measures in such a way that pitfalls in existing limitations are avoided. The greater part of this monograph was prepared during a two year period from June 1951 to 1953, while I was a Research Assistant with the …

Religion And Race In Public Education, Mark Dewolfe Howe

Buffalo Law Review

This paper was used as the basis for the Fenton Lecture delivered at the University of Buffalo, April 14, 1958.

Book Review. Freedom To Travel: Report Of The Special Committee To Study Passport Procedures Of The Association Of The Bar Of The City Of New York, Ivan C. Rutledge

Articles by Maurer Faculty

No abstract provided.

Church And State - Taxation Of Religious Organizations - Benefits Granted By Federal And State Governments, Herbert H. Brown, Joseph J. Mahon Jr.

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - Criminal Procedure - Successive State Prosecutions For Same Activity, Robert L. Bombaugh

Michigan Law Review

Petitioner suspected of having robbed five persons on a single occasion. was indicted and tried for the robbery of three of them. His sole defense was alibi and he was acquitted when only one of the five victims identified him as the robber. Petitioner was then tried under an indictment for the robbery of a fourth victim. Petitioner interposed the same defense but was convicted at this second trial. The New Jersey Supreme Court affirmed. On certiorari to the United States Supreme Court, held, affirmed, three justices dissenting. Neither the successive trials nor the failure of the court to …

Recent Decisions, Variosu Editors

Villanova Law Review (1956 - )

No abstract provided.

Comments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Punishment: Its Meaning In Relation To Separation Of Power And Substantive Constitutional Restrictions And Its Use In The Lovett, Trop, Perez, And Speiser Cases

Indiana Law Journal

No abstract provided.

Unemployment Insurance Benefits - Refusal To Answer "Security" Questions As Wilful Misconduct - Ostrofsky V. Maryland Employment Security Board, Robert J. Carson

Maryland Law Review

No abstract provided.

Newspaper Reporter’S Confidential Sources Of Information—Are They Constitutionally Protected?, Roger E. Pyle

Buffalo Law Review

Garland v. Torre, 259 F.2d 545 (2d Cir. 1958).

Constitutional Law - Due Process - Dismissal Of State Employees For Refusal To Answer Questions Concerning Membership In Communist Organizations, Roger W. Findley

Michigan Law Review

In companion cases state employees of Pennsylvania and New York were dismissed on grounds of "incompetency" and "doubtful trust and reliability" for refusing to answer questions by superiors concerning membership in communist organizations. Petitioner Beilan also invoked the Fifth Amendment at a hearing by a congressional investigating committee between the time he refused to answer his superior and the time he was dismissed. Appellant Lerner had invoked the Fifth Amendment when he refused to answer the questions asked by city officials. The highest courts of the states upheld the dismissals, making it clear that they were based on refusal to …

Constitutional Law - Freedom Of Press - Validity Of Motion Picture Licensing Statute, Dean L. Berry S.Ed.

Michigan Law Review

The distributor of the motion picture "Lady Chatterley's Lover" applied to the Motion Picture Division of the New York State Education Department for a license, required by New York law, for public presentation of the film. The application was denied on the ground the film was "immoral" within the meaning of the licensing statute. On review, the Board of Regents approved this determination, but on appeal the state supreme court reversed the Board. A divided court of appeals reversed the supreme court, holding that the contents of the film met the statutory definition of "immoral." On appeal to the Supreme …

Pre-Emption Of State Regulation And Constitutional Exclusion - Regulation Of "Elevation" In Interstate Commerce - Public Service Commission V. Western Maryland Railway Company, Robert E. Powell

Maryland Law Review

No abstract provided.

Indictment And Information--Kentucky Constitutional Limits And Proposed Changes In The Use Of The Information, Wilbur D. Short

Kentucky Law Journal

No abstract provided.

Ideas That Made The Constitution, Carl B. Cone

Kentucky Law Journal

No abstract provided.

The Supreme Court And Individual Liberties Since 1952, Paul A. Porter

Kentucky Law Journal

No abstract provided.

The Supreme Court And States Rights, Paul Leo Oberst

Kentucky Law Journal

No abstract provided.