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Articles 1 - 24 of 24
Full-Text Articles in Law
The Practical Way To Prepare A Case For An Appellate Court, Campbell Palmer Iii
The Practical Way To Prepare A Case For An Appellate Court, Campbell Palmer Iii
West Virginia Law Review
No abstract provided.
Abstracts Of Recent Cases, T. E. P.
Constitutional Law - Grand Jury Under The Fifth Amendment Indictments Not Subject To Attack On Evidentiary Ground, Jerome K. Walsh, Jr. S.Ed.
Constitutional Law - Grand Jury Under The Fifth Amendment Indictments Not Subject To Attack On Evidentiary Ground, Jerome K. Walsh, Jr. S.Ed.
Michigan Law Review
Defendant was indicted by a grand jury on four counts of willfully evading federal income taxes due for the years 1946, 1947, 1948 and 1949. His motion before trial to dismiss the indictment on the ground that he was firmly convinced that there could have been no legal or competent evidence before the grand jury was denied by the trial court. At the conclusion of the government's case, and again just before the case went to the jury, counsel for the defendant moved to dismiss the indictment on the ground that only hearsay evidence offered by three revenue agents had …
Report Of The Judicial Council On Expediting The Work Of The Supreme Court, Alfred J. Schweppe
Report Of The Judicial Council On Expediting The Work Of The Supreme Court, Alfred J. Schweppe
Washington Law Review
The problem is the work load of the supreme court. According to the two most recent chief justices, Judge Hamley who has just left the rostrum, and Judge Donworth, who is here in the audience, the Supreme Court of the State of Washington is falling rather rapidly behind. In the May term of this year it was impossible for the court to set all of the cases that were ready for assignment. In the September term many cases now ready for assignment will go unset and cannot be set until the January term and the backlog of cases is increasing. …
Treaties As Law In National Courts With Especial Reference To The United States, Quincy Wright
Treaties As Law In National Courts With Especial Reference To The United States, Quincy Wright
Indiana Law Journal
No abstract provided.
Courts--Construction Of Local Statutes By Foreign Court--Survival Of Criminal Action After Corporate Dissolution, M. J. P.
West Virginia Law Review
No abstract provided.
Courts--Supervisory Powers--Enjoinment Of Federal Narcotics Agent From Testifying In State Court, T. E. P.
Courts--Supervisory Powers--Enjoinment Of Federal Narcotics Agent From Testifying In State Court, T. E. P.
West Virginia Law Review
No abstract provided.
Constitutional Law - Right To Counsel In Juvenile Court, John A. Ziegler Jr.
Constitutional Law - Right To Counsel In Juvenile Court, John A. Ziegler Jr.
Michigan Law Review
In April 1953 petitioner was found to have violated a law by the juvenile court. Being under the age of eighteen, he was committed to the National Training School for Boys of the District 0£ Columbia. He was paroled about a year later but was re-arrested in March 1955 for violation of his parole and brought before the United States Parole Board. Before the parole board could take action he petitioned the federal district court for a writ of habeas corpus on the ground that the action of the juvenile court in 1953 had been unconstitutional in that petitioner had …
Courts--Contempt--Attorney Not An "Officer" Of The Court Within The Meaning Of The Federal Contempt Statute, M. J. P.
West Virginia Law Review
No abstract provided.
Small Claims Courts Versus Justices Of The Peace, Lee Silverstein
Small Claims Courts Versus Justices Of The Peace, Lee Silverstein
West Virginia Law Review
The purpose of this essay is to appraise justice of the peace courts in West Virginia and suggest possible improvements. Discussion will center on civil rather than criminal jurisdiction. Both constitutional and statutory methods of reform will be considered.
Courts--The Syllabus In West Virginia--Law Or Official Headnote, J. L. Mcc.
Courts--The Syllabus In West Virginia--Law Or Official Headnote, J. L. Mcc.
West Virginia Law Review
No abstract provided.
Constitutional Law - Due Process - Use Of Habeas Corpus To Allow Federal Court To Review State Court Jury Determination Of Voluntariness Of Confession, Herbert R. Brown S.Ed.
Constitutional Law - Due Process - Use Of Habeas Corpus To Allow Federal Court To Review State Court Jury Determination Of Voluntariness Of Confession, Herbert R. Brown S.Ed.
Michigan Law Review
The prisoner had been convicted of murder in the state court. He brought a habeas corpus proceeding in federal district court to secure his release from custody on the ground that the conviction was based on a confession which was obtained by physical violence. The confession had been submitted to the jury, which was instructed to consider it only if it found that it was not obtained by duress or fear produced by threats. The district court granted the writ of habeas corpus. On appeal, held, affirmed. The district court could determine the facts of the case for itself. …
Patent Office Performance In Perspective, George E. Frost
Patent Office Performance In Perspective, George E. Frost
Michigan Law Review
" the only patent that is valid is one which this Court has not been able to get its hands on."
Justice Jackson's note of despair reflects all too accurately the treatment patents have seemingly received in the hands of the courts since the "new trend" of recent years. It has become the legal fashion to characterize letters patent as something the Patent Office issues and the courts strike down. Statistical support for this conclusion can be readily assembled.
Courts--Construction Of Local Statute By Foreign Court--Survival Of Criminal Action After Corporate Dissolution, M. J. P.
West Virginia Law Review
No abstract provided.
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Conflict of Laws--Governmental Activities--Recognition in Forum of Sister State's Original Revenue Claim
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Constitutional Law--State Taxation of Interstate Commerce--Sales Tax on Shipboard Sales to Passengers
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Courts--Certiorari from United States Supreme Court--Loss of Importance Ground for Dismissal
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Domestic Relations--Adoption--Revocation of Consent by Natural Parents
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Evidence--Admissibility--Exclusion of Evidence Obtained by Unreasonable Search and Seizure
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Federal Procedure--Illegal Search--Injunction Against Agent's Testifying in State Court
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Income Taxation--Claim of Right Income--Time of Deduction when Restoration Required
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Malicious Prosecution--Privilege--Filing of Complaint with Bar Ethics and Grievance Committee
Judicial Administration In Maryland - The Administrative Office Of The Courts, Robert G. Dixon Jr.
Judicial Administration In Maryland - The Administrative Office Of The Courts, Robert G. Dixon Jr.
Maryland Law Review
No abstract provided.
Judicial Administration In Maryland - Comments, Arthur T. Vanderbilt
Judicial Administration In Maryland - Comments, Arthur T. Vanderbilt
Maryland Law Review
No abstract provided.
Pre-Trial In The Courts: An Opinion, Aaron Jacobson
Pre-Trial In The Courts: An Opinion, Aaron Jacobson
Cleveland State Law Review
No claim is made, it is true, that pre-trial is the panacea for what ail the courts. But in adopting it, there seems to have been a haste which has bypassed the usual introspective examination characteristic of our judiciary. A critical examination, as seen by this writer, would take the form of two broad questions: One- Is pre-trial, viewed in the overall perspective of the administration of justice, a healthy additive to the courts? Two- If so, is it an end in itself, or is it simply one of a number of modernizing influences, without all of which it remains …
"Friend Of The Court", Delmer D. Howard
Criminal Procedure - Availablity Of Federal Court Injunction To Prevent Federal Officer From Testifying In State Court As To Illegally-Obtained Evidence, Edward C. Hanpeter
Criminal Procedure - Availablity Of Federal Court Injunction To Prevent Federal Officer From Testifying In State Court As To Illegally-Obtained Evidence, Edward C. Hanpeter
Michigan Law Review
Prosecution of petitioner in federal court for the unlawful acquisition of marihuana failed when the court granted petitioner's motion to suppress the marihuana as evidence because it was obtained by a search based on an invalid search warrant. The federal officer who had seized the marihuana then swore to a complaint before a state judge, and a warrant for petitioner's arrest for violation of state law issued. While awaiting trial, petitioner filed a motion in federal district court to enjoin the federal officer from testifying in the state court. The district court denied the injunction, and the court of appeals …
Labor Law - Lmra - Substantive Application By A State Court Of Section 8(B), George E. Ewing S.Ed.
Labor Law - Lmra - Substantive Application By A State Court Of Section 8(B), George E. Ewing S.Ed.
Michigan Law Review
The defendant unions peacefully picketed the Valley Lumber Company to force the adoption of a closed shop agreement. The employees had indicated that they did not desire union affiliation or representation and the employer had not recognized any union. The NLRB Regional Director refused to assert jurisdiction over the company for certification purposes because the employer's interstate business was below the Board's jurisdictional yardsticks. The trial court asserted jurisdiction to award damages and an injunction against the picketing. On appeal, held, affirmed, three justices dissenting. Not only was the trial court's jurisdiction proper but it could apply section 8 …
Some Abuses Of Antitrust Prosecution: The Investment Bankers Case, Ralph M. Carson
Some Abuses Of Antitrust Prosecution: The Investment Bankers Case, Ralph M. Carson
Michigan Law Review
The epochal decision of Judge Medina on October 14, 1953, in United States v. Morgan has already been the subject of adverse criticism by the losing Government counsel and defense by an opposing lawyer. Professor Steffen's grief at the ruin of his handiwork has led him into the impropriety of attacking with unwarranted epithet a thoroughly considered decision by one of the most eminent judges now sitting in our federal courts and into the more symptomatic fault of attributing to the new chief of the Antitrust Division political motivation in his decision not to appeal. He has the assurance to …
Labor Law - Federal Procedure - Stay Of State Court Proceedings Involving Matters Within The Exclusive Jurisdiction Of The Nlrb, Arne Hovdesven S.Ed.
Labor Law - Federal Procedure - Stay Of State Court Proceedings Involving Matters Within The Exclusive Jurisdiction Of The Nlrb, Arne Hovdesven S.Ed.
Michigan Law Review
Richman Brothers sought and was granted a state court injunction against organizational picketing conducted by the union. The complaint alleged acts which were unfair labor practices under section 8 (b) (2) of the amended National Labor Relations Act. The union, after failing to obtain removal of this action, unsuccessfully applied for a federal district court injunction against the state court proceedings. On appeal, held, affirmed. Section 2283 of the Judicial Code prevents a federal court injunction of a state court proceeding, despite the fact that the activities involved are within the exclusive jurisdiction of the National Labor Relations Board. …
Constitutional Law - Due Process - Power Of Michigan One-Man Grand Jury To Punish Contempt, Stephen C. Bransdorfer S.Ed.
Constitutional Law - Due Process - Power Of Michigan One-Man Grand Jury To Punish Contempt, Stephen C. Bransdorfer S.Ed.
Michigan Law Review
Petitioners were two witnesses called before a Detroit Recorder's Court judge sitting as a Michigan one-man grand jury to investigate suspected police corruption. During the hearings both petitioners were cited for contempt. An order to show cause why they should not be punished was issued by the judge. Subsequently, in open hearings, the same judge convicted and sentenced petitioners. The Michigan Supreme Court affirmed. On certiorari to the United States Supreme Court, held, reversed. To allow a judge who sat as a one-man grand jury to preside at a contempt hearing regarding the same witnesses violates due process. In …