Law Commons^™

Federal Procedure - Jurisdiction - Minimal Diversity Permitted By The Federal Interpleader Act Satisfies Constitutional Requirements, Robert J. Hoerner

Michigan Law Review

A disinterested Texas bank brought a federal interpleader action under 28 U.S.C. (1952) §1335 against a Texas widow and four joint claimants, three of whom were Texas citizens and the other a Tennessee citizen. On appeal from a summary judgment for the joint claimants, the widow argued that the court lacked jurisdiction. Held, affirmed. Congress intended that section 1335 should cover these "minimal" facts. The "complete diversity'' requirement of Strawbridge v. Curtiss is only a rule of statutory construction and not a constitutional requirement. Haynes v. Felder, (5th Cir. 1957) 239 F. (2d) 868.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Application of Privilege against Self-Incrimination to Denaturalization Proceedings

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Constitutional Law--Implied Immunity--Federal Contractor not Subject to State Licensing Requirements

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Evidence--Confession of Co-Conspirator Admissible under Proper Instructions in Joint Trial

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Federal Jurisdiction--Injunctions--Judicial Code Section 2283 is Inapplicable to Injunctions sought by the United States

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Judgments--Res Judicata--Voluntary Absence of Insured Constitutes Extrinsic Fraud

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Labor Law--Unemployment Insurance--Double Affirmation Clause Held Unconstitutional

Constitutional Law - Due Process - Adequacy Of Notice By Publication, Cyril Moscow S.Ed.

Michigan Law Review

In condemnation proceedings instituted by a city against a landowner, notice of proceedings to determine his compensation was given only by publication in the official city newspaper. The statute in force called for notice either in writing or by publication. After the time authorized for appeal from a compensation award had elapsed, the landowner brought an equitable action to enjoin the city from entering upon the property, alleging that he knew nothing of the condemnation proceedings until after the time for appeal had passed. The trial court denied relief, holding that the newspaper publication was sufficient notice to meet due …

Municipal Corporations - Police Power - Constitutional Validity Of Curfew Ordinance, John A. Ziegler S.Ed.

Michigan Law Review

Appellant-petitioner was charged with a violation of a city ordinance making it a misdemeanor to assist any minor under the age of seventeen to violate the curfew laws. The curfew ordinance prohibits minors under the age of seventeen from being in any public place between IO P.M. and 5 A.M. unless accompanied by parent or guardian, or unless the presence of the minor is connected with and required by some legitimate business, trade, profession or occupation in which the minor is engaged. Petitioner moved to dismiss the complaint at the preliminary hearing on the grounds that the ordinance was an …

Dismissal Of State Employee Without Hearing Upon His Claiming Privilege Against Self-Incrimination Held Illegal, Thomas H. Rosinski

Buffalo Law Review

Slochower v. Board of Higher Education, 350 U. S. 551 (1956).

Statutory Innovation In The Obscenity Field, June A. Murray

Buffalo Law Review

Brown v. Kingsley Books, 1 N. Y. 2d 179, 186, 134 N. E. 2d 461, (1956).

Individual Freedom And Governmental Restraints, Lee Silverstein

West Virginia Law Review

No abstract provided.

Vagaries And Varieties In Constitutional Interpretation, Albert L. Sturm

West Virginia Law Review

No abstract provided.

The German Federal Constitutional Court And The Communist Party Decision, Edward Mcwinney

Indiana Law Journal

No abstract provided.

Constitutional Law - State Action - Effect Of State Court Interpretation Of A Contract, Dudley H. Chapman

Michigan Law Review

Mrs. Doris Walker, president of her local union, was discharged by Cutter Laboratories in 1949 because of membership in the Communist Party and falsification of her employment application. The employer acquired knowledge of these facts in 1947, but did not act at that time to avoid charges of persecuting a union officer. The union, pursuant to the collective bargaining agreement, which authorized discharge for "just cause" only, sought and obtained reinstatement from the arbitration board, which action was affirmed by the district court of appeal, but reversed by the California Supreme Court. On certiorari to the United States Supreme Court, …

Constitutional Law - Separation Of Church And State - Bible Reading In The Public Schools, Frederic F. Brace Jr.

Michigan Law Review

The plaintiff, as a citizen, taxpayer, and parent of school children, sought an injunction to restrain the defendant school board from allowing school teachers to read the Bible aloud to students as required by a Tennessee statute. The plaintiff contended that this practice was offensive to him and in violation of the Tennessee and United States Constitutions. The trial court sustained defendant's demurrer. On appeal, held, affirmed. The statute violates neither constitution because it is not an interference with students' or parents' religious beliefs. Carden v. Bland, (Tenn. 1956) 288 S. W. (2d) 718.

Justice William Cushing And The Treaty-Making Power, F. William O'Brien S.J.

Vanderbilt Law Review

Although the work of the Supreme Court during the first few years was not great if measured in the number of cases handled, it would be a mistake to conclude that the six men who sat on the Bench during this formative period made no significant contribution to the development of American constitutional law. The Justices had few if any precedents to use as guides, and therefore their judicial work, limited though it was in volume, must be considered as stamped with the significance which attaches to all pioneer activity. Moreover, most of this work was done while on circuit …

Constitutional Law--Substantive Due Process And Equal Protection--Naturopaths Required To Be Medical Doctors, C. R. S.

West Virginia Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Alimony may be Awarded Wife after Husband obtains Ex Parte Divorce

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CONFLICT OF LAWS--FORUM NON CONVENIENS APPLIED FOR PROTECTION OF LOCAL INTERESTS

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CONSTITUTIONAL LAW--IMPAIRMENT OF CONTRACT--EXISTING AUTOMOBILE DEALERSHIP CONTRACT MAY BE CHANGED TO PROTECT THE GENERAL WELFARE

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CRIMINAL LAW--BIGAMY--GOOD FAITH BELIEF THAT ACCUSED WAS DIVORCED IS A DEFENSE TO A CHARGE OF BIGAMY

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EVIDENCE--RELEVANCY--ADMISSION OF HABIT EVIDENCE TO SHOW DUE CARE

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FEDERAL TORT CLAIMS ACT--SCOPE OF EMPLOYMENT--GOVERNMENT'S LIABILITY FOR SKYLARKING AIRCRAFT

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INCOME TAXATION--RESERVE WITHHELD BY FINANCE COMPANY AND CHARGEABLE WITH AMOUNT OF DISHONORED NOTES NOT ACCRUABLE AS INCOME TO INDORSER

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LABOR …

Chief Justice Taney: Prophet Of Reform And Reaction, Robert J. Harris

Vanderbilt Law Review

Roger Brooke Taney's judicial career began and ended in controversy.' His appointment as Chief Justice in 1836 came not long after his nomination to be Secretary of the Treasury had been rejected and his nomination to be an Associate Justice of the Supreme Court had been indefinitely postponed because of his role as a central figure in the great controversy between the Jackson administration and the Bank of the United States. These successive nominations of Taney to high position evoked a flood of partisan invective against him in an age which was hardly characterized by restraint. In the course of …

Mr. Justice Rutledge And The Roosevelt Court, Alfred O. Canon

Vanderbilt Law Review

The career of Mr. Justice Wiley Blount Rutledge on the Supreme Court of the United States came to an end on September 10, 1949. His passing signified the end of a man's work--and the end of an era. As Rutledge's last opinion became a part of American constitutional history, the Roosevelt Court disappeared and a new alignment of majority and minority was born. The influence of Rutledge in this important period of constitutional development will be difficult to measure until the broader outlines of contemporary social, political, economic, and legal trends are more firmly sketched in the future. A justice's …

Evidence - Search And Seizure - Standing To Suppress Evidence Obtained By Unconstitutional Search And Seizure, Robert C. Casad S.Ed.

Michigan Law Review

The most radical departure of the new California doctrine from federal precedents, however, lies in the rejection of the requirement of "standing" which the federal courts have always imposed. In People v. Martin the California court announced its willingness to permit any criminal defendant to move for the exclusion of evidence obtained by unreasonable search and seizure -regardless of whether it was his premises that were searched or his property that was seized.

Rejection of the requirement of standing by this outstanding court calls for a re-evaluation of the requirement as it is imposed in every other jurisdiction that observes …

Constitutional Law—Registration Of Gasoline Stations, June A. Murray

Buffalo Law Review

People v. Faxlanger, 1 N. Y. 2d 393, 135 N. E. 2d 705 (1956).

Domestic Relations—Survival Of Right To Alimony, Vincent P. Furlong

Buffalo Law Review

Vanderbilt v. Vanderbilt, 1 N. Y. 2d 342, 135 N. E. 2d 553 (1956), cert. granted, 352 U. S. 820 (1956).

Constitutional Law—Injunctive Obscenity Statute Upheld, June A. Murray

Buffalo Law Review

Brown v. Kingsley Books, 1 N. Y. 2d 177, 134 N. E. 2d 461 (1956).

The Spirit Of The Fifth Amendment Privilege- A Study In Judicial Method - Ullman V. United States, J. Elwood Armstrong

Maryland Law Review

No abstract provided.

Jay's Federalist - Treatise For Free Government, Gottfried Dietze

Maryland Law Review

No abstract provided.

Recent Decisions, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Vagaries And Varieties In Constitutional Interpretation, By Thomas Reed Powell, Albert S. Abel

Indiana Law Journal

No abstract provided.

Constitutional Law--Right To Counsel In Juvenile Court Proceeding, Charles L. Calk

Kentucky Law Journal

No abstract provided.

Constitutional Law--Racial Discrimination--Denial Of Due Process, Beauchamp E. Brogan

Kentucky Law Journal

No abstract provided.

Constitutional Law—Licensing Of Electricians, June A. Murray

Buffalo Law Review

Spielvogel v. Ford, 1 N. Y. 2d 558, 136 N. E. 2d 586 (1956).

Constitutional Law—Emergency Business Rent Law, June A. Murray

Buffalo Law Review

Lincoln Building Associates v. Barr, 1 N. Y. 2d 413, 135 N. E. 2d 801 (1956).

Constitutional Law—Jury Selection Statute, June A. Murray

Buffalo Law Review

Farrington v. Pinckney, 1 N. Y. 2d 74, 133 N. E. 2d 817 (1956).

Constitutional Law—Sovereign Immunity, June A. Murray

Buffalo Law Review

Easley v. New York State Thruway Authority, 1 N. Y. 2d 374, 135 N. E. 2d 572 (1956).