Law Commons^™

Constitutional Law--Legislative Investigations--Pertinence And Scope Of Inquiry, R. G. D.

West Virginia Law Review

No abstract provided.

Constitutional Law--Obscenity, J. E. J.

West Virginia Law Review

No abstract provided.

Constitutional Law - Due Process -Watkins V. United States As A Limitation On Power Of Congressional Investigating Committees, Allan F. Bioff S. Ed.

Michigan Law Review

It is the purpose of this comment to examine the nature and extent of the restraints imposed by the Watkins case as well as the potential problems raised by the decision.

Constitutional Law - Executive Powers - Use Of Troops To Enforce Federal Laws, Robert H. Elliott Jr., S.Ed., Richard I. Singer S.Ed.

Michigan Law Review

The recent use of federal troops in Little Rock, Arkansas to enforce the order of a federal district court requiring school integration has occasioned widespread controversy throughout the nation. It is the purpose of this comment to examine the constitutionality of such action and to consider its broader implications with respect to federal-state and congressional-executive relationships.

Constitutional Law - Due Process - Limits On Investigative Power Of State Legislative Committees, George E. Lohr

Michigan Law Review

Defendant appeared before the New Hampshire attorney general, who was authorized by statute to investigate violations of the state subversive activities law and to determine if subversive persons, as defined therein, were present within the state. Defendant refused to answer certain questions about the contents of a university class lecture delivered by him and about his knowledge of other persons' activities in the Progressive Party, contending that such questions infringed an area protected by the First Amendment. The state superior court conceded the infringement of defendant's rights, but found this to be justified by state interest in self-protection, and convicted …

A Supplement To "Constitutionality Of Marketable Title Acts"-1951-1957, Ralph W. Aigler

Michigan Law Review

An article bearing the title, "Constitutionality of Marketable Title Acts," was published in December 1951. It was there pointed out that such legislation, of which the Michigan act is an example, should be found to be within constitutional limits. It was recognized, however, that direct authority was scarce and that cases that might be deemed pertinent were conflicting.

Constitutional Law - Courts-Martial - Power Of Congress To Provide For Military Jurisdiction Over Civilian Dependents, Gerald M. Smith

Michigan Law Review

Defendants, civilian wives of servicemen living overseas, were tried and convicted of murder by military court-martial under article 118 of the Uniform Code of Military Justice. Their trials took place in the countries where they were living with their husbands. Defendants brought petitions for a writ of habeas corpus challenging the constitutionality of article 2(11) of the Uniform Code authorizing their trials by court-martial. Initially the United States Supreme Court rejected this contention. On rehearing, held, reversed, two justices dissenting. The guarantee of the right to jury trial contained in article 3, section 2, and the guarantees of the …

Federal Procedure - Trial Practice - Not Reversible Error For Trial Judge To Summon Jury Sua Sponte After Waiver, Thomas A. Dieterich

Michigan Law Review

Plaintiff instituted this action for breach of contract and defendant counterclaimed. Neither party demanded a jury trial during the period in which it was claimable as of right. Subsequently defendant moved for a jury trial. The motion was denied and was never renewed. Seven months later, on the eve of the trial, the court issued an order sua sponte for a jury trial. Plaintiff's objection was overruled. The jury awarded damages to plaintiff in the same amount as the conceded counterclaim. On appeal, held, affirmed, one judge dissenting. Although the trial judge's action in calling a jury on his …

St. John-Stevas: Obscenity And The Law, William B. Lockhart

Michigan Law Review

A Review of Obscenity and the Law . By Norman St. John-Stevas

Recent Cases, Law Review Staff

Vanderbilt Law Review

Agency--Representations--Liability of Principal for Agent's Assault Where Consent Obtained by Fraud

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Constitutional Law--Due Process--Admissibility in State Criminal Prosecution of Results of Blood Test taken while Accused was Unconscious

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Constitutional Law--Privilege Against Self-Incrimination--Effect of Possible Federal Prosecution on Application of State Immunity Statute in State Criminal Proceedings

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Constitutional Law--Military Jurisdiction--Capital Offenses Committed by Civilian Dependents Accompanying Armed Forces Abroad in Peacetime

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Corporations--Election of Directors--Conflict Between Constitutional Right of Cumulative Voting and Statute Authorizing Classification of Directors

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Corporations--Officers--Secretary--Treasurer's Authority to Institute Litigation

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Corporations--Shareholder Voting Agreements--Applicability of Voting Trust Statute to Pooling Agreement Giving Irrevocable Proxies to …

Constitutional Law - Due Process - Right Of Witness To Counsel Before State Investigatory Officer, William G. Mateer S.Ed.

Michigan Law Review

After a fire occurred on the premises of appellants' corporation, the state fire marshal started an investigation into the causes of the fire, and subpoenaed appellants to appear as witnesses. Ohio law provides that such investigations may be conducted in private and gives the fire marshal power to punish summarily witnesses who refuse to testify. Appellants refused to testify without the presence of their counsel, who had accompanied them to the place of questioning. Appellants were thereafter committed to the county jail by the deputy fire marshal who conducted the investigation. On appeal from denial of a writ of habeas …

Constitutional Law - Right To A Trial By Jury-Power Of Trial Court To Use Additur, Robert W. Steele S.Ed.

Michigan Law Review

The plaintiff brought suit against two defendants, claiming $56,000 for personal injuries suffered in an accident. Upon return of a jury verdict for the plaintiff in the amount of $3,000, the plaintiff moved for a new trial on the issue of damages. The trial court denied the motion on condition that defendants consent to the entry of a judgment of $9,830.92. Both defendants consented. Plaintiff appealed on the ground that the use of an additur constituted an infringement of his constitutional guarantee of a jury trial. Held/em>, affirmed. Conditioning the denial of a new trial upon the defendant's consent …

Constitutional Law - Certiorari - Integrity Of The Rule Of Four, Robert L. Knauss S.Ed.

Michigan Law Review

In four recent cases involving the Federal Employers Liability Act the Supreme Court of the United States, after granting certiorari, reviewed the facts of the cases to determine if there was sufficient evidence to allow the cases to be heard by a jury. Justice Frankfurter in a lengthy dissenting opinion refused to hear these cases on their merits. He would have dismissed them on the ground that certiorari was improvidently granted, although no new evidence warranted this conclusion. Justice Frankfurter maintained that any justice has a right to refuse to hear a case after certiorari has been granted, and that …

Full Faith And Credit To Judgments And Public Acts, Kurt H. Nadelmann

Michigan Law Review

Interest here is concentrated on full faith and credit for public acts. But what led to insertion of the command respecting public acts cannot be divorced historically from the study of the command of full faith for judgments. The whole field, therefore, has been included in the reexamination. Clarifications obtainable on the "judgments" side, it will be seen, help also on the "public acts" side. On both sides there are historical facts which deserve greater attention than has been hitherto given, and if, as a result, some of the myths surrounding the' Lawyers Clause are exploded, the rethinking may have …

Constitutional Law—Validity Of Denial Of License To Exhibit Motion Picture, Thomas T. Basil

Buffalo Law Review

Excelsior Picture Corporation v. Regents of University, 3 N.Y.2d 237, 165 N.Y.S.2d 42 (1957).

Constitutional Law—Jurisdiction Of State Court Not Pre-Empted By National Housing Act, Robert Kaiser

Buffalo Law Review

Northridge Cooperative v. 32nd Avenue Construction Corporation, 2 N.Y.2d 514, 161 N.Y.S.2d 404 (1957).

Constitutional Law—Invoking Privilege Against Self Incrimination—Grounds For Discharge, Joel Brownstein

Buffalo Law Review

Lerner v. Casey, 2 N.Y.2d 355, 161 N.Y.S.2d 7 (1957).

Constitutional Law—Civil Rights—Discrimination In Public Places, Diane Gaylord

Buffalo Law Review

Castle Hill Beach Club v. Arbury, 2 N.Y.2d 596, 162 N.Y.S.2d 1 (1957).

The Supreme Court And The Spirit Of 1957, Roger Paul Peters

Buffalo Law Review

No abstract provided.

Constitutional Law—Police Power—Unlawful Interference With Business, Edwin Yeager

Buffalo Law Review

Trio Distributor Corp. v. City of Albany, 2 N.Y.2d 690, 163 N.Y.S.2d 585 (1957).

Constitutional Law—Constitutionality Of Minimum Wage Law Provision, Diane Gaylord

Buffalo Law Review

N. H. Lyons & Co. v. Corsi, 3 N.Y.2d 60, 163 N.Y.S.2d 677 (1957).

Scope Of Employment Test In Relation To Slander Action, David C. Rittenhouse

William & Mary Law Review

No abstract provided.

Constitutional Law -- 1957 Tennessee Survey, Paul H. Sanders

Vanderbilt Law Review

During the survey period the Tennessee Supreme Court had occasion to deal with a major, though unsuccessful, attack upon the constitutionality of the state legislation providing for the apportionment of Senators and Representatives in the General Assembly. There were also important questions relating to constitutional limitations on the police power in the regulation of insurance and of the number and capacity of gasoline storage tanks by a municipality.

The separation between legislative, executive and judicial powers is made express in the Tennessee Constitution.' In addition, each of these coordinate branches of government is expressly enjoined from performing the functions of …

Due Process Of Law And Notice By Publication

Indiana Law Journal

No abstract provided.

Three Human Rights In The Constitution, By Zechariah Chafee, Jr., Francis H. Heller

Indiana Law Journal

No abstract provided.

The Progress Of The Law: U. S. Soldier Must Stand Trial In Japan / New Trials Ordered For California Communist Leaders / Limitation Of The Power Of Congressional Committees / Virginia Loses School Plea / Court Congestion At 57 Year Low / A Tooth For A Tooth / Support Based On Father's Means / Astrologer's Market Tips Legal / Jet Noise No Ground For Suit / Prison Offer Obtains New Hearing / Necrological

NYLS Law Review

No abstract provided.

Constitutional Law, Lewis Guterson

Washington Law Review

Covers cases on the construction of statutes—denial of equal protection.

Labor Law - Nlra - "Roving Situs" Picketing As Violation Of Section 8(B)(4)(A), William K. Muir Jr.

Michigan Law Review

Respondent union sought to organize the crane and dragline operators of a manufacturer of ready-mixed cement and posted pickets about the local manufacturing plant. During the working day each of the employer's delivery trucks crossed the picket line at least twice. In addition, the union established a roving picket line which circulated about the manufacturer's trucks while they were making deliveries to customers at local construction sites. The roving picketing lasted only so long as the workers of the primary employer remained on the customer's premises. The pickets at all times stayed within six hundred feet of the trucks. The …

Constitutional Law - Due Process - Jurisdiction Of A State Court Over A Foreign Corporation, Robert L. Knauss S.Ed.

Michigan Law Review

Peninsular Gas Company, a Michigan corporation, brought an action in Missouri against the plaintiff for breach of contract. A judgment was returned for plaintiff, and plaintiff immediately filed suit for malicious prosecution and served process on the president of the corporation who was in Missouri for the prior trial. On a motion to quash, held, sustained. Under the due process clause of the United States Constitution, the court had no right to assume jurisdiction. Defendant corporation was not doing business in Missouri, for bringing a prior lawsuit was a single isolated act and was not a part of its …

Constitutional Law - Relation Of Federal And State Governments Applicability Of State Licensing Statute To Federal Contractors, Lee N. Abrams S.Ed.

Michigan Law Review

A contractor submitted a bid for construction of facilities at an Arkansas Air Force Base over which the United States had not acquired jurisdiction. After this bid was accepted by the federal government and work on the project had begun, the contractor was tried by the Circuit Court of Pulaski County, Arkansas, and found guilty of submitting a bid, executing a contract, and commencing work as a contractor without the license required by Arkansas law. The Arkansas Supreme Court affirmed the judgment of the trial court. On appeal to the United States Supreme Court, held, reversed. In a brief …