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Notes, Michigan Law Review

Michigan Law Review

The information given in the notes is derived from inspection of the books, publishers' literature, and the ordinary library sources.

Kol Ha'am Co., Ltd. V. Minister Of The Interior, Shimon Agranat, Yoel Sussman, Moshe Landau

Translated Opinions

Two communist newspapers, respectively owned by the petitioners, published articles containing material which, in the opinion of the Minister of the Interior, was likely to endanger the public peace, and acting under s. 19(2) (a) of the Press Ordinance the Minister suspended both the newspapers for periods of ten and fifteen days respectively. On the return to orders nisi calling upon the Minister to show cause why the orders of suspension should not be set aside,

Held: In exercising his power of suspension under s. 19(2) (a) of the Press Ordinance, the guiding principle is that the Minister must consider …

Constitutional Law-Validity Of Statute Making Membership In Subversive Organizaton Evidence Of Unfitness For Employment In Schools. [United States Supreme Court]

Washington and Lee Law Review

No abstract provided.

Constitutional Law, Paul H. Sanders

Vanderbilt Law Review

The Supreme Court of Tennessee has been faced with few major Constitutional Law problems during the period under consideration. Statistically, the action of the Court in invalidating one law out of almost a score that were attacked before it on the basis of constitutional defect suggests an attitude of judicial restraint toward the product of a coordinate branch of government. The relatively small number of constitutional questions raised-- and many of them were obviously make-weight rather than points of principal reliance-- suggests a general awareness of the Court's stability and the unlikelihood of its departing from established precedent. Similarly, regard …

Statutory Interpretation, Henry N. Williams

Vanderbilt Law Review

The Supreme Court of Tennessee reconsidered several problems in the field of Statutory Interpretation during the Survey period, but its decisions largely followed principles already established in Tennessee and other jurisdictions.

Constitutional Requirements

Certain problems in the field of legislation arise in Tennessee by reason of state constitutional provisions. The Court is committed to the position of interpreting these provisions more or less irrespective of the construction of comparable provisions in other state constitutions.'

The Constitution of the State of Tennessee provides: "No bill shall become a law, which embraces more than one subject; that subject to be expressed in …

Judicial Acquiescence In The Forfeiture Of Constitutional Rights Through Expansion Of The Conditioned Privilege Doctrine

Indiana Law Journal

No abstract provided.

Constitutional Law--Commerce Clause--Supersedure Of State Regulation By The Federal Motor Carrier Act, G. D. H. S.

West Virginia Law Review

No abstract provided.

Worker's Compensation, Conflict Of Laws And The Constitution, Clyde W. Wellen

West Virginia Law Review

No abstract provided.

On Amending The Treaty-Making Power: A Comparative Study Of The Problem Of Self-Executing Treaties, Lawrence Preuss

Michigan Law Review

The current furor concerning the treaty-making power of the United States has been aroused by the apprehension that this country might become a party to certain multilateral treaties in the social and economic fields, and, notably, the draft Covenants on Human Rights, the Genocide Convention and the Convention on Political Rights of Women. The plethora of proposed constitutional amendments now before the Congress merely marks an intensification of the controversy, recurrent throughout our history, concerning the legal effect of Article VI, Section 2, of the Constitution of the United States. Problems concerning the relative authority of treaties and other international …

Constitutional Law-Validity Of New York Statute Setting Out Motorists' Implied Consent To Chemical Tests For Intoxication, Richard A. Shupe S.Ed.

Michigan Law Review

The State of New York has approved a statute, to go into effect July 1, 1953, which stipulates that any person who operates a motor vehicle or motorcycle in the state shall be deemed to have given his consent to chemical tests of his breath, blood, urine, or saliva for the purpose of determining the alcoholic content of his blood. If such a person refuses to allow the tests, they will not be made, but the commissioner shall revoke his license or permit to drive, including the nonresident operating privilege. This is the first statute of its type and merits …

Executive Agreements And The Proposed Constitutional Amendments To The Treaty Power, John F. Spindler S.Ed.

Michigan Law Review

The advent of the present administration has brought into full bloom a hardy perennial among the annual crop of proposed constitutional amendments. The emergence of the United States from World War II as the leader of the free nations of the world and distrust of the rapid expansion of executive power under the Roosevelt Administration have given impetus to a movement to check any further expansion of the presidential power to conduct our foreign relations. In addition, many people are alarmed by the possibility that this country might become a party to international agreements which would operate to alter or …

Constitutional Law-Review Of State Court Determination-Supreme Court's Vacation Of State Court Judgment Without Giving Grounds For Reversal, Marcus A. Rowden S.Ed.

Michigan Law Review

The Supreme Court of the United States granted plaintiff's petition for certiorari to review a decision of the Supreme Court of California summarily denying plaintiff's application for habeas corpus. Previously the cause had been continued to enable petitioner to secure a determination of the California Supreme Court as to whether its judgment was intended to rest on an adequate independent state ground. It was later held that a letter from the clerk of that court was not a sufficient determination of that question, and petitioner was still unable to obtain that determination. Held, judgment of the Supreme Court of …

Constitutional Law-Aliens-Power To Exclude And Deny Hearing, Lois H. Hambro S.Ed.

Michigan Law Review

In two similar cases, petitioners sought a writ of habeas corpus from federal district courts in order to obtain release from federal immigration authorities. Both were aliens who had been lawful permanent residents at the time they left the country. Mezei had allegedly gone abroad to visit his dying mother, and his return to the United States had been delayed by difficulty in securing an exit permit. Kwong Hai Chew had left the country to sail aboard a vessel of American registry, prior to which he had been screened by the United States Coast Guard. He had also served in …

Sapoznikov V. The Court Of Discipline Of The Israel Police, Yoel Sussman, Moshe Silberg, Yitzhak Olshan

Translated Opinions

Under section 18 of the Police Ordinance the Inspector-General may constitute Courts of Discipline to try police officers charged with disciplinary offences, the section prescribing the offences which may be the subject of such charges. One of those offences is thus described (in section 18(1)(i)): "any offence contrary to the good order and discipline of the Force.. ." The High Commissioner in Council was empowered by section 50(1)(e) to make rules "for the definition of offences to the prejudice of good order and discipline", and under that power made the Police (Disciplinary Offences) (Definition) Rules, 1941. Offence No. 23 of …

Constitutional Law-Due Process-Use Of Television At Congressional Hearings, S. I. Shuman

Michigan Law Review

Defendant, not claiming constitutional protection against self-incrimination, refused to testify before a Senate committee on grounds that his "constitutional rights" would be violated if compelled to give testimony while being televised, photographed, etc. Cited for willfully and without justification refusing to testify on matters pertinent to the purpose of the inquiry, defendant was tried for contempt of Congress. Held, not guilty; defendant's refusal was justified. The court, after stating that there were no precedents, and that no constitutional issue was involved, seemed to rest its decision on the fact that the atmosphere of the forum did not lend itself …

Treaties Governing The Succession To Real Property By Aliens, Willard L. Boyd, Jr.

Michigan Law Review

Under customary international law no nation has the duty to grant to aliens the right to hold real property. Although international law accords to an alien the privilege of participating in the economic life of the state of his residence, this privilege does not encompass the right to hold real property. The right to succeed to and hold real property is a matter solely within the competence of a nation. It is for each nation exclusively to regulate the acquisition and tenure of real property. National authority in this regard can be traced to the concept that the sovereign may …

Constitutional Law-Appellate Jurisdiction Over State Court Decisions-When Is A State Court Decision "Final", Marcus A. Rowden S.Ed.

Michigan Law Review

Plaintiff brought suit to enjoin peaceful picketing of an apartment project by defendant labor organizations. The Circuit Court, Montgomery County, Alabama granted temporary injunction ex parte. Defendants appealed to the Alabama Supreme Court which affirmed the trial court's order denying a motion to dissolve the injunction. Certiorari was sought and granted by the United States Supreme Court. Held, certiorari had been improvidently granted since the Alabama Supreme Court's determination had not constituted a final judgment or decree. Montgomery Bldg. and Constr. Trades Council v. Ledbetter Erection Co.,. 344 U.S. 178, 73 S.Ct. 196 (1952).

Constitutional Law-Due Process-Validity Of State Statute Requiring Public Employees To Take Loyalty Oath, James W. Callison, S.Ed.

Michigan Law Review

A statute of Oklahoma required public employees to take an oath that, among other things, they were not, for five years previous had not been, and would not become, affiliated with an organization which advocated the overthrow of the Government of the United States or of the State of Oklahoma by force or violence or other unlawful means or which had been determined by the United States Attorney General to be a Communist front or subversive organization. A citizen and taxpayer sought to enjoin payment of salaries to teachers at Oklahoma A. & M. College who had not taken the …

Elimination Of Accrued Dividends--Comparison Of New York And Delaware Law, Robert Schaus

Buffalo Law Review

No abstract provided.

Constitutional Law—Proof Of Intoxication Obtained From Blood Test Held Violative Of Due Process, Paul Gonson

Buffalo Law Review

People v. Haessuler, __ Cal. App. __, 248 P. 2d 434 (2d Dist. 1952).

Nonpreferential Aid To Religion Is Not An Establishment Of Religion, James M. O'Neill

Buffalo Law Review

No abstract provided.

No Law Respecting An Establishment Of Religion, Leo Pfeffer

Buffalo Law Review

No abstract provided.

Constitutional Law—Mistrial In Absence Of Legal Error Held Due Process, Irwin N. Davis

Buffalo Law Review

Brock v. State of North Carolina, 73 S. Ct. 349 (1953).

Dr. Pfeffer's Rebuttal, Leo Pfeffer

Buffalo Law Review

No abstract provided.

Dr. O'Neill's Rebuttal, James M. O'Neill

Buffalo Law Review

No abstract provided.

What Is Happening In The Conflict Of Laws: Three Supreme Court Cases, Wendell Carnahan

Vanderbilt Law Review

An answer to the topical inquiry is "A great deal" but full explanation of the general answer to a very big question cannot be attempted in a single article. Instead, attention will be directed primarily to the opinions in three cases decided on the same day by the Supreme Court of the United States. These cases present problems in the segments of conflict of laws dealing with principles of forum non conveniens and full faith to a statute,' jurisdiction over a foreign corporation and a combination of choice of laws rules and judicial recognition of an alimony award. These cases …

Constitutional Law-Due Process-Vague And Indefinite Statute, S. I. Shuman

Michigan Law Review

The Food, Drug, and Cosmetic Act by section 301(f) prohibits a factory operator from refusing to permit entry and inspection as provided by section 704. Violation of section 301(f) is made a misdemeanor by section 303(a). Section 704 authorizes persons "duly designated by the Administrator, after first making request and obtaining permission of the . . . operator" of the factory, "to enter" and "to inspect" at "reasonable times." Defendant was convicted by the district court for violating section 301(f), having refused permission to authorized persons to enter and inspect at a reasonable time. The court of appeals reversed, on …

Constitutional Law-Relation Between State And Federal Governments, J. David Voss

Michigan Law Review

Plaintiffs, employees of a United States Naval Ordnance Plant located in an area of exclusive federal jurisdiction within the State of Kentucky, sued in a state court for a declaratory judgment that a license tax on the privilege of working in the City of Louisville, measured by a percentage of all salaries, wages and commissions earned within the city, was not applicable to them. Defendants' demurrer was overruled, and the collection of the tax enjoined. The Kentucky Court of Appeals reversed, and judgment was entered for the defendants. The court of appeals affirmed. On appeal to the United States Supreme …

Constitutional Law-Equal Protection-Use Of Property And Poll Tax Lists For Selection Of Jurors, Alfred W. Blumrosen S.Ed

Michigan Law Review

Brown, a Negro, was convicted of a capital offense in Forsyth County, North Carolina. Having exhausted his state remedies, he petitioned the federal district court for a writ of habeas corpus alleging, inter alia, systematic discrimination against Negroes serving on grand and petit juries. This discrimination was claimed to result from the use of property and poll tax lists as sources from which to draw jury panels. The district court denied his petition and was affirmed by the court of appeals. On certiorari to the United States Supreme Court, held, affirmed. The use of property and poll tax lists …

Legislation-Invalidity Of Statutes Framed In Vague Terms, Richard W, Pogue S.Ed

Michigan Law Review

Defendant, president of a corporation which processes apples for shipment in interstate commerce, was convicted of violating §301(f) of the Food, Drug, and Cosmetic Act. That section prohibits "the refusal to permit entry oi inspection as authorized by section 704"; section 704 authorizes federal officers, "after first making request and obtaining permission of the owner, operator or custodian" of the factory "to enter" and "to inspect" the establishment "at reasonable times." Federal authorities requested permission to enter and inspect defendant's factory at reasonable hours, but permission was refused. This refusal was the basis of the conviction. The Court of Appeals …