Law Commons^™

Constitutional Law -- 1958 Tennessee Survey, Elvin E. Overton

Vanderbilt Law Review

State constitutional law decisions, lacking the universality of application of many other fields of the law, are vital and of significance frequently only to the local bar and local public officials. There is another difference between state constitutional law decisions, and federal constitutional law decisions: state courts are inclined to deal with state constitutional issues with an emphasis on the pragmatic problem of deciding the case and getting it out of the way,rather than with an emphasis on completing the blue print-of seeking to establish the general principle which reflects the conflicting policies struggling for recognition. In most United States …

The Constitutional Aspects Of Washington's Fiscal Crisis, Alfred E. Harsch, George A. Shipman

Washington Law Review

The aim of this paper is to sketch the scope and nature of the current problem, to explore the legal rigidities that dominate it, and to suggest the apparent steps prerequisite to realistic, durable and workable solutions.

United States V. Yale Todd (U.S. 1794), Wilfred J. Ritz

Washington and Lee Law Review

No abstract provided.

A Double Jeopardy Dilemma In The Federal Courts

Washington and Lee Law Review

No abstract provided.

Constitutional Law, William B. Stoebuck, Robert D. Green

Washington Law Review

Covers cases on dams and waterpower—eminent domain—interstate commerce—municipal corporations—res judicata—state officers—the Cowlitz Dam Case (Stoebuck) and on treaties with Indians—fishing rights (Green).

The Development Of Constitutional Guarantees Of Liberty, By Roscoe Pound, Howard Jay Graham

Indiana Law Journal

No abstract provided.

Film Reviews, Ivan C. Rutledge, John Bauman

Journal of Legal Education

No abstract provided.

Constitutional Law--Right To Counsel--Conflicting Interests Of Counsel As Ground For Reversal, T. E. P.

West Virginia Law Review

No abstract provided.

Criminal Law--Confinement In The Penitentiary Without Indictment--Escape From Illegal Custody, I. A. P. Jr.

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, J. L. R.

West Virginia Law Review

No abstract provided.

Four Proposed Amendments To The West Virginia Constitution, Stanley E. Dadisman

West Virginia Law Review

Four proposed amendments to the West Virginia Constitution are to be submitted to the voters for adoption or rejection at the general election to be held on November 4, 1958. These four amendments were proposed in Senate Joint Resolutions Nos. 1, 4, 5 and 8, adopted by the West Virginia Legislature at the regular 1957 session,2 and are separate and distinct from the general constitutional revision study for which the West Virginia Commission on Constitutional Revision was created by Senate Concurrent Resolution No. 58 at the same session of the legislature. For the convenient reference of West Virginia attorneys and …

Landowners' Rights In The Air Age: The Airport Dilemma, William B. Harvey

Michigan Law Review

If Lord Tennyson had been a student of the common law, he might well have qualified his poetic foresight of "the heavens fill[ed] with commerce" by some cautious reference to the complaints of landowners below against the "pilots of the purple twilight, dropping down with costly bales." The result doubtless would have been poorer poetry but a far more accurate forecast of the problems to confront mid-20th century lawyers. Although the phenomenal growth of civil aviation since the first World War has opened up a host of difficulties, the only ones of concern in this article are those presenting the …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Automobiles--Owner's Liability Statutes--Application to the Master-Servant Relationship

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Bankruptcy--Discharge--Failure of Creditor to Inform Bankruptcy Court of Bankrupt's Fraud in Procuring Loan

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Bills and Notes--Demand Instruments--Time When Statute of Limitations Begins to Run

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Bills and Notes--Holder in Due Course--Giving a Check in Exchange for Another Negotiable Instrument is not the Giving of Value When the Check Turns Out to be Worthless

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Constitutional Law--Due Process of Law--Use of Perjured Testimony and Suppression of Material Evidence Favorable to Accused in State Criminal Proceedings

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Constitutional Law--Equal Protection of the Laws--Executory Interest Conditioned upon Racial Restriction on Use of Land

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Constitutional Law - Citizenship - Power Of Congress To Effect Involuntary Expatriation, Robert J. Hoerner S.Ed.

Michigan Law Review

In four recent cases the United States Supreme Court has dealt with the power of Congress to effect the denationalization of native-born citizens without their consent. Three cases, Perez v. Brownell, Trop v. Dulles, and Mendoza-Martinez v. Mackey dealt with the constitutionality of sections 401(e), 401(g) and 401(j), respectively, of the Nationality Act of 1940. The fourth case, Nishikawa v. Dulles dealt only with the burden of proof when duress is alleged under section 401(c), but contained one opinion of constitutional significance. The purpose of this comment is to analyze and evaluate these decisions.

Constitutional Law - Former Jeopardy - Retrial For Greater Offense After Conviction Of Lesser Included Offense Reversed On Appeal, Ralph E. Boches

Michigan Law Review

Defendant was indicted by the District of Columbia grand jury on counts charging both arson and murder in the first degree for a death caused by the arson. He was convicted of arson and second-degree murder, the jury returning no verdict on the first-degree murder charge. On appeal the conviction of second-degree murder was reversed because the evidence permitted only a conviction of first-degree murder or an acquittal. On remand defendant was retried on the original indictment for first-degree ·murder, convicted, and sentenced to death over his objection of former jeopardy. The court of appeals, sitting en banc, affirmed …

Constitutional Law - Intergovernmental Tax Immunities - Erosion Of Distinction Between Taxation Of Property And Of Privilege, Barry L. Kroll S.Ed.

Michigan Law Review

Plaintiff Murray Corporation, a manufacturer of airplane parts for the federal government, was assessed a tax by the city of Detroit under the General Property Tax Act of Michigan, based in part on the value of materials. which the corporation had in its possession. Legal title to these materials was in the federal government. The corporation paid the taxes under protest and sued for a refund, contending that the taxes infringed the federal government's immunity from state taxation to the extent the taxes were based on the value of government property. The district court entered judgment for Murray and the …

Constitutional Law - Civil Rights - Recent New York City Ordinance Bans Discrimination In Certain Private Housing Facilities, W. Stanley Walch

Michigan Law Review

A recent New York City ordinance is the first anti-discrimination legislation affecting the sale and rental of privately-owned housing to minority groups. The ordinance contains three principal provisions: It (1) forbids racial or religious discrimination by private owners in the selection of tenants or buyers for any "housing accommodation which is located in a multiple dwelling," (2) bans discrimination in the selection of purchasers by a seller of ten or more contiguous housing units, and (3) prohibits the owner or lessor of housing accommodations covered by the ordinance from discriminating because of race or religion in setting the terms of …

Municipal Corporations - Police Power - Sundy Closing Ordinances, David A. Nelson

Michigan Law Review

The City of Chattanooga passed an ordinance making in unlawful "for any person, firm, corporation, or association operating a general merchandise store, department store, hardware, jewelry, furniture, grocery store, super market, meat market, or other similar establishments in the City of Chattanooga, Tennessee, to open such place of business on Sunday; or to sell or offer for sale, give away, or deliver any merchandise, groceries, hardware, jewelry, furniture, meat, produce, or other similar commodities or articles, on Sunday." Plaintiffs brought this action for a declaratory judgment that the ordinance was unconstitutional and for other relief. In the lower court the …

Constitutional Law--Freedom Of Speech--Ordinance Requiring Registration Of Union Organizers Held Violative, J. L. R.

West Virginia Law Review

No abstract provided.

Constitutional Law--Witnesses--Privilege Against Self-Incrimination, C. R. S.

West Virginia Law Review

No abstract provided.

Constitutional Law--Taxation Of Interstate Commerce--Railroad Loop Traffic, D. L. Mcd.

West Virginia Law Review

No abstract provided.

Israel's Emerging Constitution, By Emanuel Rackman, Arnold J. Miller

Indiana Law Journal

No abstract provided.

Constitutional Law - Privilege Against Self-Incrimination - Danger Of Prosecution In Other Jurisdictions, George R. Haydon, Jr.

Michigan Law Review

Defendant, a witness called by the New Hampshire attorney general in an investigation of subversive activities, was granted statutory immunity in New Hampshire from criminal prosecution which might arise from his testimony and was ordered to testify. Since any disclosures would create serious danger of prosecution by the United States and Massachusetts, whose agencies were also investigating his activities, defendant refused to testify despite the grant of immunity, invoking the privilege against self-incrimination guaranteed by the state constitution. He was found guilty of contempt, subject to his exceptions regarding the constitutionality of the immunity statute. On hearing before the state …

Constitutional Law - Judicial Power - Power To Compel Fair Apportionment By The Legislature, Walter L. Adams S.Ed.

Michigan Law Review

At a general election on November 6, 1956, voters of the state of Washington approved by popular initiative a reapportionment of the legislature based upon political sub-divisions as described in the federal census of 1950. On December 6, 1956, the governor proclaimed the measure to be law and it was enrolled as chapter 5, Laws of 1957. At the regular 1957 session of the state legislature, chapter 289, revoking the initiative and calling for the use of the election precinct as the unit · of population for forming legislative districts, was passed by a vote of more than a two-thirds …

Constitutional Law - Due Process -Knowledge Of The Law Required For Conviction Under Criminal Registration Ordinance, David C. Berg

Michigan Law Review

Defendant-appellant was charged with violation of a Los Angeles municipal ordinance which required all persons convicted of a felony in California, or of a crime committed elsewhere which would have been punishable as a felony in California, subsequent to January 1, 1921, to register with the Chief of Police upon remaining in the city longer than five days, or upon making more than five visits to the city within a thirty-day period. At the time of her arrest, appellant had been a resident of Los Angeles for seven years. Within that period she had been convicted (in Los Angeles) of …

Missouri Constitutions: History, Theory And Practice (Continued), William F. Swindler

Faculty Publications

No abstract provided.

Court-Martial Jurisdiction Of Civilian Dependents

Washington and Lee Law Review

No abstract provided.

Aliens - Deportation - Activity Consituting Membership In Communist Party, Mark Shaevsky

Michigan Law Review

Petitioner, an alien who had resided in the United States since 1914, joined the Communist Party in 1935 and during that year paid dues, attended meetings, and worked briefly at an official outlet for communist literature. He terminated his relationship with the party after approximately one year. At a hearing to consider his possible deportation, the petitioner disclaimed that he had held any belief in the forcible overthrow of government, stating that he had regarded the Communist Party solely as an instrument for securing economic necessities. The Board of Immigration Appeals upheld the hearing officer's finding that petitioner had been …

Constitutional Law - Fifth Amendment - Right Of Defendant In Denaturalization Proceedings To Refuse To Testify, Theodore G. Koerner

Michigan Law Review

The United States as plaintiff instituted denaturalization proceedings alleging that deliberately false statements were made by defendant at the time of his naturalization. No "affidavit showing good cause" for such suit, required by section 340 (a) of the Immigration and Nationality Act of 1952, was filed with the original complaint although one was filed with a later amended complaint. When plaintiff sought to take defendant's deposition pursuant to rule 26, Federal Rules of Civil Procedure, defendant appeared for the examination but refused to be sworn. He was taken before the district court which directed that he be sworn, and he …

The Supreme Court And Obscenity, Philip M. Carden

Vanderbilt Law Review

The Supreme Court of the United States has now made binding law of its oft-repeated dictum that obscenity is beyond the pale of constitutionally protected free expression. After being spared-or avoiding-the necessity of ruling squarely on the constitutional status of obscene matter for 169 years, the Court addressed itself to virtually every aspect of the whole slippery problem in a single year. The Court disposed of seven obscene publication cases' in the twelvemonths through January, 1958. These included three reversals this term in memorandum decisions merely citing the major opinion of the series, which was handed down in the combined …