Law Commons^™

The Legislative Status Of An Unconstitutional Statute, Earl T. Crawford

Michigan Law Review

Once a statute has been found to violate some constitutional provision, a legislature is faced with a difficult problem of how to change the statute so as to effect the desired policy and still not violate constitutional principles. The general nature of this problem is suggested by such inquiries as these: Will the subsequent overruling of a previous judicial decision declaring a statute unconstitutional require any legislative action to put the statute into effect? Can a statute, which has been held violative of the constitution, be amended by corrective or curative legislation without complete re-enactment if the statute as amended …

Conflict Of Laws-Death By Wrongful Act-Recovery Under Foreign Statute, Douglas L. Mann S. Ed.

Michigan Law Review

A was killed in an automobile accident occurring in Illinois. Alleging that defendant wrongfully caused A's death, A's administrator sought recovery in Wisconsin, basing his claim on the Illinois death act. The trial court granted defendant's motion for summary judgment. Held, affirmed, two justices dissenting. The Wisconsin death act allows recovery of damages for wrongful death "provided, that such action shall be brought for a death caused in this state." It follows that maintenance of an action for a death caused in a sister state is against the public policy of Wisconsin. Hughes v. Fetter, 257 …

Sheib V. Minister Of Defence, Shneor Zalman Cheshin, Yitzhak Olshan, Alfred Witkon

Translated Opinions

A teacher, Dr. Sheib, applied to the Principal of the Reali Montefiore School, Haifa, for employment as a teacher and was accepted subject to confirmation by the Department of Education in the Ministry of Education and Culture.

Pursuant to a general request contained in a circular sent to the principals of all classes of schools by the Director of the Department of Education, that teachers should not be employed save with the consent of the Inspector of Secondary Schools, the acceptance of Dr. Sheib as a teacher had been made conditional by the Principal upon such consent being obtained. Dr. …

Some Elementary Principles Of Constitutional Law, Clyde L. Colson

West Virginia Law Review

No abstract provided.

Constitutional Law--Cruel And Unusual Punishment Inflicted For Contempt, J. L. A.

West Virginia Law Review

No abstract provided.

Constitutional Law-Power Of State To Discriminate Against Federal Government By Testamentary Transfer Statute, Gordon W. Hueschen

Michigan Law Review

Decedent, domiciled in California, made a testamentary gift to the United States. By an interpretation of the state probate code, the California Supreme Court held the gift invalid and directed distribution to decedent's heirs. The United States asserted unconstitutional interference with the federal government's power to receive gifts. On appeal to the United States Supreme Court, held, affirmed. The California Probate Code did not violate the supremacy clause of the Constitution, and no unconstitutional discrimination was effected against the federal government thereby, even though the statute allows testamentary gifts by state domiciliaries to the state and prohibits testamentary gifts …

The Washington Constitutional Convention Of 1889, James L. Fitts

Selected Articles on Washington State Constitution History

No abstract provided.

Administrative Agencies And The Court, Frank E. Cooper

Michigan Legal Studies Series

The limits which courts place on the powers of administrative tribunals have particular significance to practicing attorneys and law students. It is largely to the extent that such limits are imposed, that our government remains a government of laws and not a government of men.

The following pages have been written to describe the standards which the courts impose upon administrative agencies, thereby controlling and limiting their powers. More particularly, the writer has sought: (1) to bring together the leading cases in which the courts have laid down the principles that govern frequently litigated questions in contests between the agencies …

The Washington Constitutional Convention Of 1889, James Leonard Fitts

Selected Books and Theses

Chapters cover Prologue, Framework of Government, the Framework of County Government, Pertaining to the Ballot, the Corporation Article, a Busy Week, Lands and Waters, and an Epilogue. Includes an appendix and bibliography. A thesis submitted in partial fulfillment for the degree of Master of Arts at the University of Washington.

Federal Habeas Corpus And The Equal Protection Clause

Indiana Law Journal

No abstract provided.

Ley Orgánica De Las Provincias, No. 21 De 23 De Diciembre De 1950, República De Cuba. Senado

Mario Diaz Cruz Pamphlets

Originaria de la Cámara y modifcada por el Senado, cuyas modificaciones fueron aprobadas por este Cuerpo en 12 de diciembre de 1950. Se promulgó en Enero 2 de 1951.

The Blaine Amendment And The Bill Of Rights, Alfred W. Meyer

Articles by Maurer Faculty

No abstract provided.

Constitutional Law-Search And Seizure -Inspection Of Private Dwelling By Health Officer Without A Warrant, Robert P. Griffin S. Ed.

Michigan Law Review

A health officer sought to enter and inspect respondent's private home without a search warrant after a neighbor complained that the premises were not "clean and wholesome" as required by a District of Columbia ordinance. Respondent denied the officer permission to enter and refused to unlock the door, maintaining that his entry would violate her constitutional rights. As a result, respondent was convicted in municipal court of violating an ordinance making it a misdemeanor to interfere with or prevent an authorized sanitation inspection. On appeal, reversal of the conviction by the Municipal Court of Appeals was affirmed by the Court …

Administrative Law-Federal Trade Commission-Constitutional And Statutory Authority To Order Additional Compliance Reports, Charles Myneder S. Ed.

Michigan Law Review

Proceeding under section 5 of its organic act, the Federal Trade Commission issued an order requiring defendants to cease and desist from engaging in certain trade practices. The court of appeals, in its decree affirming the order, directed compliance reports to be filed with the commission within a specified time, reserving jurisdiction to enter further orders. Four years after the compliance reports were filed, the commission, on its own motion, ordered additional reports to show continued compliance. Defendants refused to report, challenging the authority of the commission to issue the order. The district court dismissed suit by the commission for …

Book Review. Cases And Materials On Constitutional Law By John P. Frank, Monrad G. Paulsen

Articles by Maurer Faculty

No abstract provided.

Equal Facilities In Legal Education Under The Equal Protection Clause--Epps V. Carmichael, Myer S. Tulkoff

Kentucky Law Journal

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

AUTOMOBILE INSURANCE--COMPREHENSIVE CLAUSE EXCLUDING MECHANICAL BREAKDOWN--REQUIREMENT THAT EXCLUDED RISK BE SOLE PROXIMATE CAUSE

BAILMENTS--DELIVERY OF POSSESSION--PROPERTY DEPOSITED IN PUBLIC LOCKER

CONSTITUTIONAL LAW--INFRINGEMENT OF CIVIL RIGHTS BY PRIVATE INDIVIDUALS--CAUSE OF ACTION UNDER FEDERAL STATUTE

CONSTITUTIONAL LAW--RIGHT TO JURY TRIAL--ACTION FOR STATUTORY PENALTY UNDER PRICE ..CONTROL ACT

CONSTITUTIONAL LAW--UNITED NATIONS CHARTER--APPLICATION AS TREATY TO RENDER STATE LAW INVALID

CONTRACTS--CONSIDERATION--NEW AGREEMENT TO PAY LESS THAN ORIGINAL CONTRACT PRICE

CONTRACTS--DEFINITION OF TERMS--EFFECT OF PART PERFORMANCE IN MAKING TERMS CERTAIN

COPYRIGHT--ARTIST'S RIGHTS IN PRODUCTION AFTER SALE--"MORAL RIGHT" TO PREVENT DESTRUCTION

CRIMINAL LAW--SEARCHES AND SEIZURES--EFFECTS OF VIOLATION OF CONSTITUTIONAL RIGHT ON JURISDICTION OF FEDERAL COURTS

JOINT …

Constitutional Law, Morris B. Abram

Mercer Law Review

This has been a year of highly important constitutional decisions affecting Georgia. The federal courts have dealt with the County Unit System and a municipal movie censorship statute. The Georgia Supreme Court has had occasion to pass upon the recent Re-registration Law, in Franklin v. Harper, and upon racial exclusion from juries in Crumb v. State. A score of other interesting and important matters have been decided.

Municipal Corporations--Municipal Charters--Constitutional Law, J. S. W. Jr.

West Virginia Law Review

No abstract provided.

Constitutional Law--Treaties--The United Nations Charter As The Supreme Law Of The Land, R. E. M.

West Virginia Law Review

No abstract provided.

Habeas Corpus--Federal Courts--Certiorari To United States Supreme Court As A State Remedy, S. F. B.

West Virginia Law Review

No abstract provided.

Constitutional Law-Equal Protection Clause-County Unit Vote, Charles Myneder S.Ed.

Michigan Law Review

Plaintiffs brought an action against defendants, Chairman of the Georgia State Democratic Executive Committee and others, to restrain adherence to a state statute providing that the County Unit Vote shall determine the outcome of a primary election. Under the statute each county is alloted a number of unit votes. The candidate receiving the highest popular vote in the county is awarded the unit votes of that county. Plaintiffs, residents of the most populous county in the state, alleged that their votes had on an average but one-tenth the weight of those in the other counties in the state. From a …

Constitutional Limitations On The Regulation Of Union And Employer Conduct, Charles O. Gregory

Michigan Law Review

This is a discussion of constitutional issues involved in federal and state regulations pertaining to labor. The importance of substantive due process has dwindled away, except in relation to picketing and Jim Crow unionism. The dominant issue has become the exercise of power, in a jurisdictional sense, to eliminate socially injurious practices. During the past half century the Supreme Court has taken almost all possible positions on these matters. Pursuing the ideal of a living document, the Court has retailored the Constitution to suit the political exigencies and the dominant interest pressures of any given time.

Some Problems In Federal Question Jurisdiction, George B. Fraser, Jr.

Michigan Law Review

Congress has given the federal district courts original and removal jurisdiction of all civil actions arising under the Constitution or laws of the United States, but the power of these courts to hear such cases has been restricted by the Supreme Court of the United States. The Supreme Court holds that the district courts have jurisdiction of a case if a federal question is raised in the complaint, but jurisdiction cannot be based on a federal question in the answer. This means that the district courts are closed to many cases that involve a substantial federal issue, while many cases …

Constitutional Law- Sixth Amendment-Impartial Jury-Government Employees On Jury When Government Is Party, G. B. Myers S.Ed.

Michigan Law Review

Petitioner, General Secretary of the Communist Party in the United States, was convicted of contempt of Congress after he failed to obey a subpoena of the Committee on Un-American Activities of the House of Representatives. At the trial counsel for the petitioner during voir dire examination inquired as to the employment of each prospective juror, and challenged all Government employees for cause. Counsel argued that because of the "Loyalty Order" and other security investigations taking place in Washington, Government employees would be afraid to risk the possible consequences of an acquittal and were therefore subject to implied bias. The challenge …

Labor Law--Federal-State Relations--Validity Of Michigan's Labor Mediation Act, R. L. Storms S.Ed.

Michigan Law Review

Plaintiff labor union called a strike against defendant auto corporation in May, 1948, without conforming to the prescribed state procedure. The purpose of the strike was to enforce demands for higher wages and the strike was conducted peacefully. To enjoin possible criminal prosecution the union instituted the instant suit in the state courts, contending that the Michigan labor mediation law, the much publicized "Bonine-Tripp Act," violated the due process and commerce clauses of the Federal Constitution. The Michigan Supreme Court reversed the decision of the trial court which had granted the injunction. On appeal, held, reversed. Congress has occupied …

Constitutional Law--Validity Of Search And Seizure Without Warrant As Incident To Lawful Arrest [United States V. Rabinowitz, U. S. Sup. Ct. 1950]

Washington and Lee Law Review

No abstract provided.

Constitutional Law-Validity Of Zoning Ordinance Prohibiting Established Permissive Use Of Property [City Of Omaha V. Glissman, Neb. 1949]

Washington and Lee Law Review

No abstract provided.

Constitutional Law: Changes On The Horizon, John P. Frank

Journal of Legal Education

No abstract provided.

The Commerce Power: An Instrument Of Federalism, Albert S. Abel

Indiana Law Journal

No abstract provided.