Law Commons^™

Equity-Power Of Court To Order Operation On Child Over Parental Objection For Purpose Of Preventing Harmful Psychological Reaction In Child [In Re Seiferth, N. Y. 1954]

Washington and Lee Law Review

No abstract provided.

Barriya V. Kadi Of The Sharia Moslem Court, Yitzhak Olshan, David Goitein, Zvi Berinson

Translated Opinions

An application was made to a Moslem Religious Court by the aunt of three minor children to be appointed their guardian. The applicant's deceased brother, the father of the children, had directed before his death that the mother of the children should be their guardian. After his death the mother had remarried and the aunt, relying upon Moslem law, had taken the children into her care and had prevented them from remaining with their mother.

In the course of the proceedings before the Moslem Religious Court the mother submitted (inter alia) that she was entitled to the guardianship by virtue …

Constitutional Law - Due Process - Validity Of Refusal To Permit The Showing Of A Motion Picture On The Grounds Of Obscenity, Donald F. Oosterhouse S.Ed.

Michigan Law Review

A Chicago municipal ordinance made it unlawful to exhibit any motion picture without first having secured a permit from the Commissioner of Police. The commissioner is required to issue the permit unless he finds the picture "immoral or obscene. . .. " On these grounds he refused to permit exhibition of "The Miracle." Plaintiffs brought suit to have the ordinance declared unconstitutional and to restrain enforcement of the prohibition on the picture. The trial court granted the relief asked. On appeal, held, reversed and remanded to determine if the motion picture is obscene. A prior restraint on the exhibition …

Municipal Power To Tax -- Its Constitutional Limitations, Chester J. Antieau

Vanderbilt Law Review

Throughout the United States a great many municipalities have found that in recent years their revenue from taxes has not kept up with their expenses. While inflation spiralled municipal costs, while demands for municipal services increased terrifically during the last few" decades, and while financial burdens, such as the three-platoon fire department, were readily imposed upon the municipal corporations by the state legislatures, the tax bases available to municipalities were too often insufficient to meet the expanding local requirements. Older taxes, such as the tax upon real property, have proved more and more inadequate as residents moved beyond city limits, …

Constitutional Law - Federal Anti-Subversive Legislation - The Communist Control Act Of 1954, Paul R. Haerle

Michigan Law Review

This comment is intended as a preliminary step in an analysis of the legislative history of the act and a consideration of both its potential effectiveness and constitutional validity.

Criminal Law - Scope Of Lawful Search And Seizure Without Warrant When Incident To Arrest, Richard M. Adams S.Ed.

Michigan Law Review

Acting on information that defendants were engaged in the "numbers racket" in violation of the Michigan gambling laws, police officers picked up three of the defendants in an automobile, took them to the police station, and proceeded to the home of their accomplice, Abbey Clay. On being admitted to the residence, the officers placed Abbey Clay under arrest and, despite her objections, promptly searched the L-shaped room in which they were standing when the arrest was made. Although the officers did not have a search warrant, they looked through defendant's pocketbook, magazine rack, and a cardboard box which was in …

Constitutional Law - Full Faith And Credit-Res Judicata Applied To Determination Of Sister State Concerning Ex Parte Divorce, Frank M. Mccann

William and Mary Review of Virginia Law

No abstract provided.

Weston V. Commonwealth - One Year Later, John Lee Darst

William and Mary Review of Virginia Law

No abstract provided.

Admissibility Of Evidence Obtained By Unlawful Searches And Seizures, Lawrence L. Lieberman

William and Mary Review of Virginia Law

No abstract provided.

Constitutional Law--Municipal Corporations--Fluoridation Of Water Supplies, H. R. A. Jr.

West Virginia Law Review

No abstract provided.

Juvenile Courts--Constitutional Rights And Rules Of Evidence Applicable, H. C. B.

West Virginia Law Review

No abstract provided.

United States--Federal Enclaves--Residents As State Citizens, C. N. S.

West Virginia Law Review

No abstract provided.

Constitutional Law - Federal Immunity From State Taxation - Validity Of State Sales Tax Upon Purchases And Sales By National Banks, Julius B. Poppinga

Michigan Law Review

The 1949 revision of the Michigan Sales Tax Act changed the federal exemption provision so as to permit taxation of sales to corporations acting as agents or instrumentalities of the federal government but not wholly owned by the United States. Accordingly, defendant department of revenue took the position that sales to plaintiff, a national banking institution organized under the National Banking Act, are taxable. In the course of its operations, plaintiff purchases office equipment and other tangible personal property from Michigan. retailers. It also sells food and services to employees through its cafeteria, and sells repossessed merchandise to other parties. …

Constitutional Law - Church And State - Statute Requiring Religion To Be Taken Into Consideration In Adoption, David W. Swanson

Michigan Law Review

ln 1951, a Jewish couple obtained custody of illegitimate twins who were then two weeks old. In 1954, the couple formally sought to adopt the children. Although petitioners were otherwise qualified to act as parents, a Massachusetts statute provides that "in making orders for adoption, the judge when practicable must give custody only to persons of the same religious faith as that of the child." The twins' natural mother was Catholic but had consented in writing to adoption by the petitioners and to rearing of the children in the Jewish faith. The lower court found that several Catholic couples had …

Constitutional Law--Freedom Of Religion--Statutory Preference For Adoption By Persons Of Same Religion As Child, E. W. C.

West Virginia Law Review

No abstract provided.

Constitutional Law, Samuel F. Pearce

Washington Law Review

Covers cases on the right to counsel and due process in criminal cases and on the constitutionality of the fluoridation of the city water supply.

Suits Against Unincorporated Associations Under The Federal Rules Of Civil Procedure, John Kaplan

Michigan Law Review

Concepts, Benjamin Cardozo has said, "are useful, indeed indispensable, if kept within their place. We will press them quite a distance. . . . A time comes, however, when the concepts carry us too far, or farther than we are ready to go with them, and behold, some other concept, with capacity to serve our needs is waiting at the gate. 'It is a peculiar virtue of our system of law that the process of inclusion and exclusion, so often employed in developing a rule, is not allowed to end with its enunciation, and that an expression in an opinion …

Constitutional Law - Civil Rights Statute - Failure To Release Prisoner Promptly Not A Violation Of Section 242, Stephen C. Bransdorfer

Michigan Law Review

A Florida state attorney was charged with violation of the Federal Civil Rights Statute for failure to apply for release of a Negro prisoner held nineteen months without charge. The prisoner had been held on request of the state attorney for further prosecution or use as a witness after a verdict had been directed in the prisoner's favor in a prior murder trial. Neither the prisoner nor defense counsel petitioned for release. The United States District Court dismissed the indictment. On appeal, held, affirmed. No duty existed on the part of the Florida state attorney to make application for …

Criminal Procedure - Venue - Federal Offenses Committed Outside The Jurisdiction Of Any State Or District, Richard R. Dailey

Michigan Law Review

The defendant, an army staff sergeant, was under custody at Fort Meade, Maryland, awaiting disposition of charges of sodomy lodged against him under the Articles of War. After a delay of four months, the charges were dropped and he was shipped by the Army to Fort Jay, New York, where he was separated from the service. Immediately upon his release, he was arrested by the Federal Bureau of Investigation under a commissioner's warrant charging him with treason committed in Japan during a prior enlistment in the army. At the trial in the District Court for the Southern District of New …

Labor Law - Organizational Picketing In Industries Not Affecting Interstate Commerce, Arne Hovdesven

Michigan Law Review

Representatives of defendant union approached plaintiff, proprietor of a small liquor store, with information that they planned to initiate an organizational campaign to obtain the membership of the store's three clerks, none of whom were members of any union at that time. Subsequent to this meeting, a picket line of two men was established and was maintained without any acts of violence, for over nineteen months until halted by a permanent injunction issued by the New York Supreme Court, Appellate Division. The union did not make any demands upon plaintiff to sign a contract or to recognize it as bargaining …

Asslan V. Commander And Military Governor Of The Galilee, Moshe Landau, Yitzhak Olshan, Moshe Silberg

Translated Opinions

HCJ 288/51 addressed an opposition to an order nisi ordering the Respondent to show cause why he should not refrain from removing the Petitioners from a closed area. The order was made absolute in regard to Petitioner 35, and cancelled in regard to the others. HCJ 33/52 addressed an opposition to an order nisi ordering the Respondent to show cause why the Petitioners and their families not be granted entry and exit permits under an area closure order. The order was made absolute in regard to Petitioners 29 and 30, and cancelled in regard to the others.

An order declaring …

Burka'an V. Minister Of Finance, Haim Herman Cohn, David Bechor, Meir Shamgar

Translated Opinions

An order nisi required that Respondent 2 (The Company for the Reconstruction and Development of the Jewish Quarter) show cause as to why it should refrain from granting a lease to the Petitioner for one of the apartments regarding which the Respondent published an “offer of apartments to the public”, and why the provision under which the offering is limited to Israeli citizens and new olim [immigrants under the Law of Return] should not be revoked.

The High Court of Justice held:

A. The Respondent’s demand that the lessees of apartments in the Jewish Quarter of Jerusalem’s Old City be …

Children’S Court Act—Medical Treatment Of Child Against Parent’S Wishes, Dawn Girard

Buffalo Law Review

In re Seiferth, 285 App. Div. 221, 137 N. Y. S. 2d 35 (4th Dep't 1955).

Constitutional Law - Right To Effective Assistance Of Counsel In Federal Courts And Waiver Thereof, Richard M. Adams S.Ed.

Michigan Law Review

Indicted for illegal traffic in narcotics, petitioner and his trial counsel allegedly attempted to fabricate an alibi on the false testimony of petitioner's girl friend. The evidence indicated that on several occasions before trial, the girl was invited to the office of petitioner's attorney, given narcotics, and told to memorize certain false testimony to be used in petitioner's defense. Later the girl bad a change of mind and agreed to testify for the government Despite the strenuous objections of defendant's counsel, a description of this alleged fraud on the court was given in the prosecution's opening statement, and the witness …

Constitutional Law - Public Use Requirement And The Power Of Eminent Domain, Donald F. Oosterhouse S.Ed.

Michigan Law Review

Under the District of Columbia Redevelopment Act, an agency was created to redevelop blighted and slum areas. Pursuant to the mode of operation prescribed in the statute, the agency intended to purchase or take by eminent domain all the property in the vicinity of appellant's property. After getting title to all the property the agency was to lease or sell it to private enterprisers to redevelop the area according to the agency's comprehensive plan, which specified definite boundaries for various uses. Appellant brought this action to enjoin the condemnation of his business property, claiming that the statute was unconstitutional because …

Constitutional Law—Veterans’ Benefits As A Violation Of Equal Protection Of The Laws, Raymond S. Ettlinger

Buffalo Law Review

Hanley v. State, __ Ind. __, 123 N. E. 2d 452 (1954).

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Jurisdiction to Modify Custody Decree after Child's Domicile Changes--Full Faith and Credit in Third State

Constitutional Law--Freedom of Speech--"Prior Restraint" of Motion Pictures

Corporations--Uniform Stock Transfer Act--Effect of Notice of Restriction on Transfer

Criminal Procedure--Contempt--Extent of Power of Trial Judge to Punish Summarily

Evidence--Post-Accident Statements--Theories of Admissibility

Insurance--Automobile Theft Policy--Meaning of "Possession" in Exclusionary Clause of Policy

Malicious Prosecution--No Recovery for Base Less Civil Action--Necessity of "Special Injury"

Malpractice--Negligent Prescription of Habit--Forming Drugs--Patent's Simulation of Pain as Contributory Negligenic

Legislation - Witness Immunity Act Of 1954 - Constitutional And Interpretative Problem, George S. Flint S.Ed.

Michigan Law Review

The passage in August, 1954 of a federal statute granting immunity under specified conditions to witnesses before congressional committees and in the federal courts marks a third legislative experiment designed to soften the effect of the Fifth Amendment as a limitation on the investigatory power of Congress. The first two attempts were less than successful. This comment will discuss the historical background of immunity legislation, and some possible constitutional pitfalls and problems of construction created by the statutory language.

Conflict Of Laws - Due Process And Full Faith And Credit - Direct Action Statute, Harvey A. Howard S.Ed.

Michigan Law Review

Defendant issued a liability insurance policy to the manufacturer of a hair-waving product, an Illinois subsidiary of a Delaware corporation having its headquarters in Massachusetts. The policy, issued in Massachusetts and delivered in Massachusetts and Illinois, was to protect the insured against damages that might be suffered by users of the product anywhere in the United States or Canada. It contained a "no action" clause enforceable under Massachusetts and Illinois law prohibiting direct actions against the insurer until final determination of the insured's liability, either by judgment or agreement. Alleging injuries sustained in Louisiana where the product was bought and …

Evidence - Validity Of Statutory Presumption Of Intoxication From A Finding Of 0.15 Percent Concentration Of Alcohol In The Blood, Donald F. Oosterhouse S.Ed.

Michigan Law Review

Defendant was tried and convicted of the statutory crime of driving an automobile while under the influence of intoxicating liquor. The state introduced into evidence the result of a blood test, voluntarily submitted to by the defendant, which showed 0,20% concentration of alcohol in the defendant's blood. Arizona statutes established a rebuttable presumption of no intoxication if such tests showed a concentration of 0.05%, or less, of alcohol in one's blood, and of intoxication if the tests showed a concentration of 0.15%, or more. Breath, urine, and direct blood tests are authorized by the statute. Defendant argued that the statute …