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Articles 33571 - 33600 of 35091
Full-Text Articles in Law
Griswold: The Fifth Amendment Today, George S. Flint S.Ed.
Griswold: The Fifth Amendment Today, George S. Flint S.Ed.
Michigan Law Review
A Review of The Fifth Amendment Today. By Erwin N. Griswold
Constitutional Law-Right Of Public School Board To Discharge Teacher Invoking Privilege Against Self-Incrimination In Communist Investigation [Faxon V. The Committee, Mass. 1954, And Daniman V. The Board, N. Y. 1954]..........
Washington and Lee Law Review
No abstract provided.
Constitutional Law - Commerce Clause - Federal Jurisdiction In Trade-Mark Infringement Proceedings Under The Lanham Act, Richard R. Dailey
Constitutional Law - Commerce Clause - Federal Jurisdiction In Trade-Mark Infringement Proceedings Under The Lanham Act, Richard R. Dailey
Michigan Law Review
Plaintiff's trade-mark, "Minute Maid," had been registered under the Lanham Act in 1952 and had been used in interstate commerce in connection with the sale of frozen fruit juice concentrates since that time. Defendant's trade-mark consisted in part of the words "Minute Made." Defendant used its mark wholly within the State of Florida in the processing and sale of frozen meat products. Both plaintiff and defendant were Florida corporations. In a suit for trade-mark infringement, jurisdiction of the federal district court depended. on the provisions of the Lanham Act. The complaint alleged damage to plaintiff's good will established in interstate …
Constitutional Law- Zoning - Private High Schools Excluded From Zone In Which Public High Schools Permitted, William D. Keeler S.Ed.
Constitutional Law- Zoning - Private High Schools Excluded From Zone In Which Public High Schools Permitted, William D. Keeler S.Ed.
Michigan Law Review
Among the uses permitted in the "A" residence zone by the Wauwatosa, Wisconsin zoning ordinance were "(e) Public Schools and Private Elementary Schools." The city building inspector denied to plaintiff, a private, non-profit religious corporation, a permit for the construction of a private high school in that zone. Plaintiff brought an action in mandamus to compel the issuance of such a permit, alleging that the ordinance deprived plaintiff of property without due process of law, and denied to it the equal protection of the laws guaranteed by the Fourteenth Amendment. The lower court granted the writ. On appeal, held, …
Taxation - Federal Income Tax - Corporate Accumulations, Stock Dividends And The "Preferred Stock Bail-Out," And Taxability Of The Corporation Upon The Distribution Of "Inventory Assets" Under The Internal Revenue Code Of 1954, Alice Austin S.Ed.
Michigan Law Review
It is the purpose of this discussion to indicate, with respect to corporate accumulations and distributions, some of the major interpretative problems existing under the 1939 code which Congress has failed to resolve, as well as some of the major interpretative difficulties which arise for the first time under the 1954 code.
Justice Jackson And The Judicial Function, Paul A. Weidner
Justice Jackson And The Judicial Function, Paul A. Weidner
Michigan Law Review
Much of the pattern of division in the present Supreme Court is traceable to basic differences of opinion regarding the proper role of a judge in the process of constitutional adjudication. Some students of the Court, yielding to the current fashion of reducing even intricate problems to capsule terms, have tried to explain the controversy by classifying the justices as either "liberals" or "conservatives." A second school poses the disagreement largely in terms of judicial "activism" as opposed to judicial "restraint." It is this view that has the greater relevance for the present discussion. C.H. Pritchett, one of the leading …
Labor Law - State Jurisdiction Over Acts Which Are Unfair Labor Practices Under Federal Labor Legislation, Eugene Alkema S.Ed.
Labor Law - State Jurisdiction Over Acts Which Are Unfair Labor Practices Under Federal Labor Legislation, Eugene Alkema S.Ed.
Michigan Law Review
Extensive federal labor legislation under the commerce clause has created a perplexing jurisdictional problem in the state courts, which are confronted increasingly with the critical issue of possible conflict with a federal preemptive area of operation. The extent to which the federal government has superseded state jurisdiction over labor matters has remained unsettled under the current case law and the legislative history of the federal acts, and the need for clarification is apparent at a time when labor cases are reaching the courts in increasing numbers. It is natural for unions to raise the issue of lack of jurisdiction in …
Constitutional Law - Federal Regulation Of Lobbying Act - Vague And Indefinite Language As Violation Of First And Fifth Amendment, Arne Hovdesven
Constitutional Law - Federal Regulation Of Lobbying Act - Vague And Indefinite Language As Violation Of First And Fifth Amendment, Arne Hovdesven
Michigan Law Review
Defendants were charged with violation of the Federal Regulation of Lobbying Act because of failure to register as lobbyists under provisions of section 308 and to report expenditures as directed by section 305. The lower court found these sections of the statute unconstitutional and dismissed the information. On appeal, held, the act is not so vague and indefinite as to violate the due process clause of the Fifth Amendment; nor does it violate the First Amendment. The penalty provision of section 310(b) is not objectionable as a deprivation of First Amendment rights since it is separable. United States v. …
Constitutional Law - Equal Protection - Discrimination Against Negroes In State Recreation Facilities, Sanford B. Hertz S.Ed.
Constitutional Law - Equal Protection - Discrimination Against Negroes In State Recreation Facilities, Sanford B. Hertz S.Ed.
Michigan Law Review
Three suits were brought to obtain injunctions to prevent racial segregation at public bathing beaches, bathhouses, and swimming pools. Because the cases raised the same legal issue they were consolidated for trial. The plaintiffs moved for judgment on the pleadings. Held, motion denied. The segregation of Negroes and whites at bathing beaches, bathhouses and swimming pools does not per se deny to Negroes any rights protected by the Fourteenth Amendment to the Federal Constitution. Lonesome v. Maxwell, (D.C. Md. 1954) 123 F. Supp. 193.
Constitutional Law - Legislative Contempt Power-Procedure Against Witness For Conduct Before Commission Composed Of Legislators And Others, Julius B. Poppinga
Constitutional Law - Legislative Contempt Power-Procedure Against Witness For Conduct Before Commission Composed Of Legislators And Others, Julius B. Poppinga
Michigan Law Review
The Massachusetts General Court, for the purpose of investigating communism and subversive activities within the Commonwealth, established by joint resolution a "special commission" composed of two members of the Senate, three members of the House, and two persons to be appointed by the governor. When the commission summoned Otis A. Hood to appear before it, he refused to be sworn as a witness without first receiving witness fees, and flippantly expressed his demand for payment. The general court requested an advisory opinion of the Supreme Judicial Court of Massachusetts, propounding three questions: (1) whether the special commission was a committee …
Labor Law - Arbitration - Right Of Employer Of Discharge Employer Who Refuses To Testify Concerning His Communist Affiliation, Mary Lee Ryan
Labor Law - Arbitration - Right Of Employer Of Discharge Employer Who Refuses To Testify Concerning His Communist Affiliation, Mary Lee Ryan
Michigan Law Review
A member of the United Electrical Workers Union was discharged from the J. H. Day Company because of his refusal to testify concerning his communist affiliation before the Ohio Un-American Activities Committee and because of the unfavorable publicity which had resulted. Under grievance procedure, the union brought the matter before arbitration. Findings, there was no just cause for dismissal. The employee is entitled to back pay and to reinstatement subject to security clearance. J. H. Day Company,. 22 LAB. Aim. RBP. 751 (1954).
Constitutional Law—Effect Of Coerced Confession Held To Carry Over To Later Confession, Richard C. Wagner
Constitutional Law—Effect Of Coerced Confession Held To Carry Over To Later Confession, Richard C. Wagner
Buffalo Law Review
Leyra v. Denno, 347 U. S. 556 (1954).
Criminal Law—Right To Public Trial, Leonard F. Walentynowicz
Criminal Law—Right To Public Trial, Leonard F. Walentynowicz
Buffalo Law Review
People v. Jelke, 284 App. Div. 211, 130 N. Y. S. 2d 662 (1st Dep't 1954).
A Comparison Of The Constitutions Of Australia And The United States, Zelman Cowan
A Comparison Of The Constitutions Of Australia And The United States, Zelman Cowan
Buffalo Law Review
Delivered as one of the 1954 James McCormick Mitchell Lectures.
Desegregation In Public Education - A Generation Of Future Litigation, Walter F. Murphy
Desegregation In Public Education - A Generation Of Future Litigation, Walter F. Murphy
Maryland Law Review
No abstract provided.
Obligations Of A State-Created Authority: Do They Constitute A Debt Of The State, Elizabeth Gaspar Brown
Obligations Of A State-Created Authority: Do They Constitute A Debt Of The State, Elizabeth Gaspar Brown
Michigan Law Review
Although provisions in a number of state constitutions limit the amount of debt a state may incur state legislatures frequently have attempted to circumvent such limitations. Recent decades have seen increased use of the "authority," set up by the legislature to accomplish a particular objective and given power to issue evidences of indebtedness to finance the objective, repayment to come from the revenues of the authority, with the declaration that the obligations of the authority are not those of the state. The enabling legislation has been challenged as unconstitutional, often on the ground that the obligations of the authority are …
Jurisdiction And Free Speech Problems In Peaceful Picketing, John P. Macarthur
Jurisdiction And Free Speech Problems In Peaceful Picketing, John P. Macarthur
Buffalo Law Review
Construction Workers v. Laburnum, 347 U. S. 656 (1954).
Evidence—Effect Of Federal Immunity Statute On State Proceedings, Eileen Tomaka
Evidence—Effect Of Federal Immunity Statute On State Proceedings, Eileen Tomaka
Buffalo Law Review
Adams v. Maryland, 347 U. S. 179 (1954).
Bill Of Rights Reader. By Milton R. Konvitz. Problems In Freedom. By Peter Bachrach., Clyde W. Summers
Bill Of Rights Reader. By Milton R. Konvitz. Problems In Freedom. By Peter Bachrach., Clyde W. Summers
Buffalo Law Review
No abstract provided.
Security And The Constitution, W. Howard Mann
Security And The Constitution, W. Howard Mann
Articles by Maurer Faculty
No abstract provided.
Federal Supremacy And State Anti-Subversive Legislation, Alan Reeve Hunt
Federal Supremacy And State Anti-Subversive Legislation, Alan Reeve Hunt
Michigan Law Review
State legislatures have been prompted by international tensions of recent years to enact new and stringent anti-subversive laws, thus adding to an already large body of statutes directed against various forms of subversion. Many of these statutes are open to serious objection on constitutional ·grounds. The purpose of this article is to examine those objections which are based upon the notion either that federal power in the area is exclusive or that Congress, expressly or by necessary inference, has pre-empted the field.
Constitutional Law - Due Process - Judicial Review Of Jury Determination On Coerced Character Of Confession, James M. Potter S.Ed.
Constitutional Law - Due Process - Judicial Review Of Jury Determination On Coerced Character Of Confession, James M. Potter S.Ed.
Michigan Law Review
Petitioner, suspected of the murder of his parents, was subjected to intensive police interrogation culminating in a confession to a state-employed psychiatrist. Petitioner had been allowed only a small amount of sleep and was suffering from a sinus condition when he was introduced to the psychiatrist, who was represented as a general practitioner. The questioning of the psychiatrist, who was skilled in hypnosis, was a subtle blend of threats and promises of leniency. Within the next three and one-half hours petitioner also confessed to a police captain, a business associate, and two assistant state prosecutors. The confession to the psychiatrist …
Constitutional Law - Self-Incrimination - Relation To Loyalty Discharge From Government Service, George E. Ewing
Constitutional Law - Self-Incrimination - Relation To Loyalty Discharge From Government Service, George E. Ewing
Michigan Law Review
A doctor, drafted into the Army as a private by authority of the Doctors Draft Law, exercised his constitutional privilege against self-incrimination in refusing to complete a loyalty certificate required for a military commission. The Army refused to grant the commission. In a prior habeas corpus proceeding, he had been ordered discharged unless granted the commission. Since the Army intended to grant the discharge under conditions other than honorable, the doctor sought an injunction to compel prompt honorable discharge. Held, injunction granted. Exercise of the constitutional privilege in refusing to complete a loyalty certificate could not be considered a …
Book Review. Griswold, E.N., The Fifth Amendment Today, Ralph F. Fuchs
Book Review. Griswold, E.N., The Fifth Amendment Today, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Search And Seizure Under The Fourth Amendment, William C. Brafford Jr.
Search And Seizure Under The Fourth Amendment, William C. Brafford Jr.
Kentucky Law Journal
No abstract provided.
Constitutional Law--Special Legislation--Payment Of Personal Property Taxes, P. Joan Skaggs
Constitutional Law--Special Legislation--Payment Of Personal Property Taxes, P. Joan Skaggs
Kentucky Law Journal
No abstract provided.
The Citizen's Obligations Under The Constitution, W. Lewis Roberts
The Citizen's Obligations Under The Constitution, W. Lewis Roberts
Kentucky Law Journal
No abstract provided.
Constitutional Debt Limitations--Are Highway Authority Obligations "Debts" Of The State?, Gibson Downing
Constitutional Debt Limitations--Are Highway Authority Obligations "Debts" Of The State?, Gibson Downing
Kentucky Law Journal
No abstract provided.
Freedom Of Inquiry Versus Authority: Some Legal Aspects, Joseph O'Meara
Freedom Of Inquiry Versus Authority: Some Legal Aspects, Joseph O'Meara
Journal Articles
I am to discuss some legal aspects of freedom of inquiry versus authority. It raises the issue of free speech; for inquiry is not free - it is confined and frustrated - if one must keep the fruits of inquiry to one's self. The contest between freedom and authority, even in a democracy, is an unequal contest, with the advantage on the side of authority; for authority has power and power has the drop on freedom. This is why eternal vigilance is the price of liberty. Freedom has its dangers. There is no doubt about that. The risk is still …
Crosskey And The Constitution: A Reply To Goebel, Sylvester Petro
Crosskey And The Constitution: A Reply To Goebel, Sylvester Petro
Michigan Law Review
The immediate purpose of this paper is to demonstrate the inadequacies of the most embittered of the reviews of Crosskey's book which I have read, "Ex Parte Clio,'' written by Professor Goebel (hereinafter sometimes referred to as "the reviewer"). Demonstrating these things will involve repeated reference to the thesis and the methodology of the book, and comparison of the book with the contentions advanced by the reviewer. The reading will probably be as tedious as the writing has been, but that cannot be helped, for the longer aim of this paper cannot be achieved in any other manner. That aim …