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Articles 33631 - 33660 of 35086
Full-Text Articles in Law
Criminal Procedure - Standing Of The Press To Protest Exclusion Of Public From Criminal Trial By Order Of The Trial Judge, M. Fred Mallender, Ii
Criminal Procedure - Standing Of The Press To Protest Exclusion Of Public From Criminal Trial By Order Of The Trial Judge, M. Fred Mallender, Ii
Michigan Law Review
Defendant judge, believing that great harm to public morals and decency was to be apprehended from the testimony in the vice trial of Minot F. Jelke, exercised his discretion to exclude the general public including plaintiff newspapers from the court room during the state's case. The family and friends of the accused along with officers of the court, witnesses, and jury were not excluded. The plaintiffs applied for a writ of prohibition to restrain the defendant from enforcing his order. The court denied the application on the grounds that the defendant judge had the power to make the exclusion order …
When May Parties Litigant Assert Constitutional Rights Of Others? - Barrows V. Jackson
When May Parties Litigant Assert Constitutional Rights Of Others? - Barrows V. Jackson
Maryland Law Review
No abstract provided.
Constitutionality Of Submitting To Jury Voluntariness Of Confession When There Is Other Evidence Sufficient To Convict - Stein V. People Of The State Of New York
Maryland Law Review
No abstract provided.
Potentialities Of Equal Protection As An Implement Of Judicial Review
Potentialities Of Equal Protection As An Implement Of Judicial Review
Indiana Law Journal
No abstract provided.
Right Of Accused To Be Confronted With His Accusers Not Guaranteed By The Fourteenth Amendment - Stein V. People Of The State Of New York
Maryland Law Review
No abstract provided.
Constitutional Law - Due Process - Coerced Confessions And The Stein Case, Marvin O. Young S.Ed.
Constitutional Law - Due Process - Coerced Confessions And The Stein Case, Marvin O. Young S.Ed.
Michigan Law Review
Stein v. People of State of New York, a coerced confession case decided by the Supreme Court last June, at first suggests some rather startling propositions about the effect of a denial of procedural due process. Since Brown v. Mississippi in 1936 it has been well settled that the admission of a coerced confession into evidence in a state criminal proceeding contravenes the due process guaranty of the Fourteenth Amendment. In the confession cases subsequently considered by the Supreme Court it has been consistently held that the admission of an extorted confession vitiates the entire proceeding and renders the …
Federal Control Of Health And Safety Standards In Peacetime Private Atomic Energy Activities, Samuel D. Estep
Federal Control Of Health And Safety Standards In Peacetime Private Atomic Energy Activities, Samuel D. Estep
Michigan Law Review
This article is directed to the question of the power of Congress to provide for such regulation of those who handle radioactive materials in private industry and not to the policy question of whether Congress ought to attempt such regulation.
Evidence - Wiretapping And The Congress, Richard W. Pogue S.Ed.
Evidence - Wiretapping And The Congress, Richard W. Pogue S.Ed.
Michigan Law Review
The familiar cry that "there ought to be a law" is frequently raised concerning the practice which Justice Holmes long ago characterized as "dirty business" - the tapping of telephone wires. Although existing legislation on both federal and state levels deals with interception of telephone messages, the almost universal conclusion of commentators on the subject has been that many of the present day statutes are inadequate. It is particularly apparent that the famous section 605 of the Federal Communications Act of 1934 has long been in need of replacement or thorough revision. The purpose of this comment is to examine …
Corporations - Sale Of Assets As A Means Of Avoiding State Constitutional Limitation On Corporate Life, Judson M. Werbelow
Corporations - Sale Of Assets As A Means Of Avoiding State Constitutional Limitation On Corporate Life, Judson M. Werbelow
Michigan Law Review
Defendant, a Michigan corporation, was incorporated in 1923 for a term of thirty years, the maximum term permitted by the Michigan constitution. Shortly before this thirty-year term was to expire, majority and minority stockholders engaged in unsuccessful negotiations, each group attempting to purchase the other's interest in the corporation. A special stockholders' meeting was then called to consider a proposed renewal of the corporate term. This proposal failed to gamer the vote of two-thirds of the outstanding shares which was required for approval. The attorneys representing the majority shareholders proceeded to organize a dummy corporation, which in tum offered the …
The Federalism Of Freedom, Chester James Antieau
The Federalism Of Freedom, Chester James Antieau
Kentucky Law Journal
No abstract provided.
Search And Seizure Under The Fourth Amendment As Interpreted By The United States Supreme Court, E. G. Trimble
Search And Seizure Under The Fourth Amendment As Interpreted By The United States Supreme Court, E. G. Trimble
Kentucky Law Journal
No abstract provided.
Search And Seizure--Search Of An Automobile Without A Search Warrant, Gardner L. Turner
Search And Seizure--Search Of An Automobile Without A Search Warrant, Gardner L. Turner
Kentucky Law Journal
No abstract provided.
Constitutional Law--Commerce Clause--Municipal Occupational Privilege Taxes--Photographers, Charles Richard Doyle
Constitutional Law--Commerce Clause--Municipal Occupational Privilege Taxes--Photographers, Charles Richard Doyle
Kentucky Law Journal
No abstract provided.
Constitutional Law--State Taxation Of Interstate Commerce, William C. Brafford Jr.
Constitutional Law--State Taxation Of Interstate Commerce, William C. Brafford Jr.
Kentucky Law Journal
No abstract provided.
Religious Education And The Historical Method Of Constitution Interpretation - A Review Article, Robert E. Rodes
Religious Education And The Historical Method Of Constitution Interpretation - A Review Article, Robert E. Rodes
Journal Articles
Confusion Twice Confounded is sufficiently typical of a growing body of literature to warrant more extensive treatment than is usually accorded in a book review. It analyzes at great length the opinions in the Everson and McCollum cases and criticizes them in the light of the historical background of the First Amendment. Everson, it will be recalled, derived from the Founding Fathers the doctrine that the Constitution required a "wall of separation between church and state," which was not breached by public payment of transportation to and from parochial schools. McCollum used the test laid down in Everson to invalidate …
Developments In The Law Of Coerced Confessions, Howard Klemme
Developments In The Law Of Coerced Confessions, Howard Klemme
Publications
No abstract provided.
Constitutional Law In A Liberal Arts Curriculum, Robert Y. Fluno
Constitutional Law In A Liberal Arts Curriculum, Robert Y. Fluno
Journal of Legal Education
No abstract provided.
A Seminar In Constitutional Law At Wisconsin, William G. Rich, G. William Foster
A Seminar In Constitutional Law At Wisconsin, William G. Rich, G. William Foster
Journal of Legal Education
No abstract provided.
The Fourteenth Amendment And School Segregation, Howard Jay Graham
The Fourteenth Amendment And School Segregation, Howard Jay Graham
Buffalo Law Review
No abstract provided.
Criminal Law—Coerced Confessions, Jules Gordon
Criminal Law—Coerced Confessions, Jules Gordon
Buffalo Law Review
Stein v. New York, 346 U. S. 156 (1953).
Constitutional Law - Equal Protection - Damage Action For Breach Of Racial Restrictive Covenant, Raymond R. Trombadore S.Ed.
Constitutional Law - Equal Protection - Damage Action For Breach Of Racial Restrictive Covenant, Raymond R. Trombadore S.Ed.
Michigan Law Review
Petitioners sued at law for breach of a racial restrictive covenant, alleging that respondent violated the covenant by conveying restricted realty without incorporating restrictions in the deed, and by permitting non-Caucasians to enter and occupy the premises. The trial court sustained a demurrer to the complaint, the California court of appeals affirmed, and hearing was denied by the state supreme court. On certiorari the United States Supreme Court held, affirmed, Chief Justice Vinson dissenting. An award of damages by a state court for breach of racial restrictive covenants would constitute state action which would deprive the excluded class of …
Aliens - Naturalization - Netural Aliens Who Sought Relief From Military Service Barred From Becoming United States Citizens, John Houck S.Ed.
Aliens - Naturalization - Netural Aliens Who Sought Relief From Military Service Barred From Becoming United States Citizens, John Houck S.Ed.
Michigan Law Review
During World War II, an alien who was a citizen or a subject of a neutral country was allowed to escape service in the armed forces of the United States by signing Selective Service Form DSS 301. A release thus obtained carried with it a disability ever to become a citizen of the United States. A substantial number of neutral aliens availed themselves of this relief from military service. Today, the courts are faced with the problem of whether signing Form 301 shall in every case prevent the alien from becoming a citizen. It is the purpose of this comment …
Constitutional Law - Civil Rights Act - Civil Liability Of State Judicial Officers, John C. Hall S.Ed.
Constitutional Law - Civil Rights Act - Civil Liability Of State Judicial Officers, John C. Hall S.Ed.
Michigan Law Review
In 1940 defendant, a state judge, granted an ex parte order transferring plaintiff, then a voluntary inmate of a Massachusetts school for the feeble-minded, to the Department of Defective Delinquents. Released on habeas corpus in 1951, plaintiff brought suit under the Civil Rights Act, claiming a denial of notice and hearing in violation of the due process clause of the Fourteenth Amendment. On appeal, held, a judge is not liable at common law or under the Civil Rights Act for acts done in the exercise of his judicial function. Francis v. Crafts, (1st Cir. 1953) 203 F. (2d) …
Workmen's Compensation, Conflict Of Laws, And The Constitution, Clyde W. Wellen
Workmen's Compensation, Conflict Of Laws, And The Constitution, Clyde W. Wellen
West Virginia Law Review
The choice of law problems encountered in workmen's compensation cases resulting from injuries incurred in the course of an employment extending over state lines and the extraterritorial applicability of workmen's compensation statutes was considered in a previous installment of this article. The purpose of this installment is to discuss the influence of the United States Constitution on the choice of the proper law in workmen's compensation cases and to demonstrate how the Constitution might be further utilized by Congress and the Courts to establish some degree of uniformity in this unsettled field.
The Right Of Petition, L. A. S.
Constitutional Law - Public Trial In Criminal Cases, Carl S. Krueger S.Ed.
Constitutional Law - Public Trial In Criminal Cases, Carl S. Krueger S.Ed.
Michigan Law Review
The criminal trial has been traditionally open to the public in Anglo-Saxon procedure, as it was in Roman and other civilized societies of an earlier time. The public trial of today, however, has been subjected to considerable criticism on the ground that there is a tendency for criminal trials to degenerate into public spectacles, frequently interrupting the orderly procedure of justice, and not infrequently actually prejudicing the accused. If no useful purpose is served by the presence of the idle public during the deadly serious determination of guilt or innocence, should not the judge, subject to the right of admittance …
Constitutional Law - Commerce Clause - State Statute Requiring Interstate Motor Carrier To Secure A Permit, Marvin O. Young S.Ed.
Constitutional Law - Commerce Clause - State Statute Requiring Interstate Motor Carrier To Secure A Permit, Marvin O. Young S.Ed.
Michigan Law Review
Petitioner brought an action in an Arkansas state court to enjoin enforcement of a state statute which required all contract carriers using the highways of the state to secure a permit from the state Public Service Commission. The Arkansas Supreme Court found that five driver-owners who had been arrested while transporting petitioner's product in interstate commerce without such a permit were "contract carriers" within the meaning of the statute. Neither petitioner nor any of the drivers had applied for a state permit. Under the terms of the statute, granting of the permit was contingent on certain factors, such as the …
Constitutional Law - State Action - Trade Union's Authority Is Not Derived From The State, S. I. Shuman S.Ed.
Constitutional Law - State Action - Trade Union's Authority Is Not Derived From The State, S. I. Shuman S.Ed.
Michigan Law Review
Plaintiffs claimed that defendant union and defendant company conspired to discriminate against Negro cab driver employees by means of a working regulation intended to compel plaintiffs to pick up passengers only in wards inhabited primarily by Negroes. Two bases for original jurisdiction in federal court were advanced. First, it was contended that the cause of action involved more than $3,000 and arose under the laws of the United States because the bargaining power of the union was conferred upon it by the National Labor Relations Act. Second, it was maintained that the Civil Rights Act vested jurisdiction, on the ground …
Constitutional Law - Congressional Powers - Validity Of The 1951 Gamblers' Occupation Tax Act, James W. Callison S.Ed.
Constitutional Law - Congressional Powers - Validity Of The 1951 Gamblers' Occupation Tax Act, James W. Callison S.Ed.
Michigan Law Review
The Revenue Act of 1951 levied a tax on persons engaged in the business of accepting wagers, requiring such persons to register their names and places of business and residence with the Collector of Internal Revenue. The act also required the disclosure of the name and address of each person receiving wagers for the registrant, or, if the registrant himself received wagers for another, the name of that person. Violations of the act were punishable by fine and imprisonment. Defendant was indicted for willful failure to register and pay the tax. The district court granted defendant's motion to dismiss on …
Borderland - Where Copyright And Design Patent Meet, Richard W. Pogue
Borderland - Where Copyright And Design Patent Meet, Richard W. Pogue
Michigan Law Review
Copyright law and design patent law contemplate basically different objects of protection. Yet at the outer fringes of these types of protection certain concepts overlap to form a rather undefined borderland in which it is difficult to say what law is applicable-copyright law, patent law, neither, or both. It is the purpose of this paper to explore this borderland area in the light of traditional copyright and patent law principles, with attention given to policy considerations involved, and to offer suggestions toward drawing a sharper boundary between the two.