Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Evidence (9)
- Searches and seizures (6)
- Fifth Amendment (3)
- Torts (3)
- Admissibility (2)
-
- Communism (2)
- Hearsay (2)
- Search and seizure (2)
- Self-incrimination (2)
- Testimony (2)
- Ullmann v. United States (2)
- Witness (2)
- 5th amendment (1)
- Affidavit (1)
- African American (1)
- Bills of exception (1)
- Cause of action (1)
- Circumstantial Evidence; Witnesses; Juries (1)
- Compulsory testimony (1)
- Confession (1)
- Conflict of laws (1)
- Constitutional law (1)
- Contempt (1)
- Costello v. United States (1)
- Courts (1)
- Cranor v. Gonzales (1)
- Criminal law (1)
- Doctor-patient confidentiality (1)
- Due process (1)
- Exception (1)
- Publication
- Publication Type
Articles 1 - 30 of 40
Full-Text Articles in Law
Constitutional Law - Privilege Against Self-Incrimination -Effect Of Immunity Statute, Paul A. Heinen S.Ed.
Constitutional Law - Privilege Against Self-Incrimination -Effect Of Immunity Statute, Paul A. Heinen S.Ed.
Michigan Law Review
Petitioner was brought before a federal grand jury and questioned as to his and other persons' membership in the Communist Party. After petitioner refused to answer the questions on the ground that the answers would be self-incriminating and therefore his refusal was privileged under the Fifth Amendment, the United States attorney, proceeding under the provisions of the Immunity Act of 1954, filed an application in the United States district court requesting that petitioner be required to answer the questions. The district court, upholding the constitutionality of the act, ordered petitioner to answer the questions, and petitioner's appeal from this order …
Compelling The Testimony Of Political Deviants, O. John Rogge
Compelling The Testimony Of Political Deviants, O. John Rogge
Michigan Law Review
At the last term the United States Supreme Court in Ullmann v. United States upheld the constitutionality of paragraph (c) of a federal act of August 1954 which seeks to compel the testimony of communists and other political deviants. Paragraph (c) relates to witnesses before federal courts and grand juries. The Court specifically left open the question of the validity of paragraphs (a) and (b) relating to congressional witnesses. Justice Frankfurter delivered the Court's opinion. Justice Douglas, with the concurrence of Justice Black, wrote a dissent.
It is our purpose to consider the background, history and terms of this compulsory …
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 …
Morgan: Some Problems Of Proof Under The Anglo-American System Of Litigation, Roy R. Ray
Morgan: Some Problems Of Proof Under The Anglo-American System Of Litigation, Roy R. Ray
Michigan Law Review
A Review of Some Problems of Proof Under the Anglo-American System of Litigation. By Edmund Morris Morgan.
Criminal Law—Wiretapping, Robert Rosinski
Criminal Law—Wiretapping, Robert Rosinski
Buffalo Law Review
People v. Abelson, 309 N. Y. 643, 132 N. E. 2d 884 (1956).
Civil Procedure And Evidence—Evidence—State Retirement System, Vincent P. Furlong
Civil Procedure And Evidence—Evidence—State Retirement System, Vincent P. Furlong
Buffalo Law Review
Owens v. McGovern, 309 N.Y. 449, 131 N.E. 2d 729 (1956).
Civil Procedure And Evidence—Evidence—Hearsay Rule, Robert Miller
Civil Procedure And Evidence—Evidence—Hearsay Rule, Robert Miller
Buffalo Law Review
Swenson v. New York, Albany Despatch Co., 309 N.Y. 497, 131 N.E. 2d 902 (1956).
Civil Procedure And Evidence—Evidence—Hospital Records, Richard G. Birmingham
Civil Procedure And Evidence—Evidence—Hospital Records, Richard G. Birmingham
Buffalo Law Review
Williams v. Alexander, 309 N.Y. 283, 129 N.E. 2d 417 (1955).
Criminal Law—Evidence, Richard F. Griffin
Criminal Law—Evidence, Richard F. Griffin
Buffalo Law Review
People v. Travato, 309 N. Y. 382, 131 N. E. 2d 557 (1955); People v. Namer, 309 N. Y. 458, 131 N. E. 2d 734 (1956).
Procedure And Evidence -- 1956 Tennessee Survey, Edmund M. Morgan
Procedure And Evidence -- 1956 Tennessee Survey, Edmund M. Morgan
Vanderbilt Law Review
To one who has not inherited the Tennessee system of procedure and has not yet "first endured, then pitied, then embraced" it, it presents some startling contrasts. There is an astounding inter-mingling of the modern, which seeks to make procedure the servant of substance, with the ancient, that has in most jurisdictions been relegated to the legal attic or to a museum of procedural antiques. In an action instituted by warrant in the Court of General Sessions of Shelby County and tried de novo on appeal in the circuit court, the warrant is a summons and cannot serve as a …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Constitutional Law--Congressional Investigations --Relevancy of Required Testimony
========================
Constitutional Law--State Taxation of Interstate Commerce--Sales Taxation of Income from Trans-Shipment of Goods within State
========================
Criminal Law--Felony Murder Doctrine--Co-Felon Killed by Victim of Crime
========================
Evidence--Judicial Admissions--Testimony as to Objective Facts
========================
Federal Tort Claims Act--"Private Individual" Clause--Uniquely Governmental Activity
========================
Income Taxation--Capital Gains and Losses--Business Purpose for Contracting in Commodity Futures
========================
Labor Law--Taft-Hartley Act--Discharge of Employees because of Union Membership
========================
Negligence--High Tension Power Lines--Duty to Warn of Dangerous Condition
========================
Real Property--Joint Tenancy--Severance of Estate by Murder of Co-Tenant
========================
Torts--Landowner--Duty to Social Guest
========================
Wills--Pretermitted Heir Statue--Sole …
Evidence, Gordon L. Walgren
Evidence, Gordon L. Walgren
Washington Law Review
Covers cases on best evidence rule—tape recording competent evidence where made from original wire recording.
Evidence--Privilege Against Self-Incrimination--Constitutionality Of Immunity Statute, R. W. F.
Evidence--Privilege Against Self-Incrimination--Constitutionality Of Immunity Statute, R. W. F.
West Virginia Law Review
No abstract provided.
Evidence (Survey Of Virginia Case Law - 1955), Richard H. Lewis
Evidence (Survey Of Virginia Case Law - 1955), Richard H. Lewis
William and Mary Review of Virginia Law
No abstract provided.
Social Scientists Take The Stand: A Review And Appraisal Of Their Testimony In Litigation, Jack Greenberg
Social Scientists Take The Stand: A Review And Appraisal Of Their Testimony In Litigation, Jack Greenberg
Michigan Law Review
"How to inform the judicial mind, as you know, is one of the most complicated problems,'' said Justice Frankfurter during argument of the school segregation cases. And as law deals more and more with issues of great public consequence the judiciary's need for knowledge increases. Much of this knowledge is within the realm of what are called the social sciences.
Although jurisprudents and social scientists have long complained of a gulf between law and social science, little notice has been given to the recent, recurrent collaboration between the two at the trial level. In a variety of cases social scientists' …
Evidence - Admissibility - Extent To Which Juror's Affidavit May Be Used To Impeach Verdict, Herbert R. Brown S.Ed.
Evidence - Admissibility - Extent To Which Juror's Affidavit May Be Used To Impeach Verdict, Herbert R. Brown S.Ed.
Michigan Law Review
Defendant was convicted of murder in the first degree and made a motion for a new trial on the basis of a juror's affidavit which asserted that the jury had been divided eight to four in favor of life imprisonment over the death sentence, that subsequently several jurors introduced into the deliberations the fact that the defendant had been charged, in another indictment, with assault with intent to kill, that this became a part of the jury's deliberation, and that, as a result, the jury did not recommend life imprisonment and, instead, the death sentence was imposed. On appeal, held …
The Twilight Zone Of Hearsay, Richmond Rucker
The Twilight Zone Of Hearsay, Richmond Rucker
Vanderbilt Law Review
The twilight zone of hearsay and nonhearsay has provoked searching analyses by eminent authorities in the field of evidence. Although these contributions have doubtless been of inestimable value, exerting a profound influence in the solution of problems dealing with acts and utterances within this area of proof, there is much to be desired in the way of clarity as reflected by innumerable opinions of the courts. No fatuous notion is here entertained that within the limits of this discussion order will be rescued from chaos, or for that matter that an appreciable contribution will be made toward that end. Nevertheless, …
Admissibility Of Wire-Tapped Evidence At Common Law, J. K. B.
Admissibility Of Wire-Tapped Evidence At Common Law, J. K. B.
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. …
Evidence-Hearsay-Admissibility Of Public Opinion Polls, John C. Hall S.Ed.
Evidence-Hearsay-Admissibility Of Public Opinion Polls, John C. Hall S.Ed.
Michigan Law Review
The Florida Supreme Court sustained the conviction of Irvin, a Negro, on a charge of rape, but the Supreme Court of the United States reversed and remanded the case. Defendant was granted a change of venue to Marion County, where he requested a second change of venue, claiming that the notoriety of his case had made him personally odious to the residents of Marion County. He attempted to introduce the results of a public opinion poll made by the Elmo Roper Research and Public Opinion Organization to support his claim. The field supervisor and the tabulator were called to testify …
Impartial Medical Testimony, Walter R. Deforest M.D.
Impartial Medical Testimony, Walter R. Deforest M.D.
West Virginia Law Review
No abstract provided.
Criminal Law - Trial - Duty Of Judge To Instruct On Lesser And Included Crimes, Paul A. Heinen S.Ed.
Criminal Law - Trial - Duty Of Judge To Instruct On Lesser And Included Crimes, Paul A. Heinen S.Ed.
Michigan Law Review
Appellant was one of four defendants who were charged in three separate counts of an indictment with the crimes of attempted robbery in the first degree, attempted grand larceny in the first degree, and assault in the second degree with intent to commit robbery and grand larceny. After all the evidence had been entered, the trial judge submitted only the count of attempted robbery to the jury, instructing them that they return a verdict of guilty or not guilty of that crime. The defense excepted to the court's refusal to submit the other counts charged in the indictment. The defendant …
People V. Beard [Dissent], Jesse W. Carter
People V. Beard [Dissent], Jesse W. Carter
Jesse Carter Opinions
A motion for a new criminal trial was denied because defendant did not show that the decision to rely on his own testimony was other than his own or that the evidence presented was evidence that he could not have discovered and produced at the trial.
People V. Farrara [Dissent], Jesse W. Carter
People V. Farrara [Dissent], Jesse W. Carter
Jesse Carter Opinions
Although the record contained no justification for the authorities' warrantless arrest of defendants and warrantless search of their home, the court would not presume that the authorities acted illegally; defendants were not entitled to a new trial.
People V. Citrino [Dissent], Jesse W. Carter
People V. Citrino [Dissent], Jesse W. Carter
Jesse Carter Opinions
Defendant's possession of tools that had been taken in a burglary could be inferred from the fact that the tools had been abandoned, and defendant's recently driven car was found nearby.
Willson V. Superior Court Of San Diego County [Dissent], Jesse W. Carter
Willson V. Superior Court Of San Diego County [Dissent], Jesse W. Carter
Jesse Carter Opinions
Although defendant's conduct observed by an officer did not of itself constitute reasonable cause to believe she was committing a felony, it was sufficient to justify the officer's reliance on information regarding defendant's bookmaking.
People V. Martin [Dissent], Jesse W. Carter
People V. Martin [Dissent], Jesse W. Carter
Jesse Carter Opinions
Officers' search of a car without a warrant was justified by presence of two men on a lover's lane at night and the suspects' sudden flight upon the approach of the officers. The officers could search the car for weapons before questioning the men.
People V. Blodgett [Dissent], Jesse W. Carter
People V. Blodgett [Dissent], Jesse W. Carter
Jesse Carter Opinions
Although a prosecutor had improperly focused the jury on defendant's alleged prior heroin use, defendant's marijuana possession conviction was not reversed when the prosecutorial misconduct did not result in a miscarriage of justice.
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
=================================
Constitutional Law--State Taxation of Interstate Commerce--Sales Tax on Shipboard Sales to Passengers
=================================
Courts--Certiorari from United States Supreme Court--Loss of Importance Ground for Dismissal
=================================
Domestic Relations--Adoption--Revocation of Consent by Natural Parents
=================================
Evidence--Admissibility--Exclusion of Evidence Obtained by Unreasonable Search and Seizure
=================================
Federal Procedure--Illegal Search--Injunction Against Agent's Testifying in State Court
=================================
Income Taxation--Claim of Right Income--Time of Deduction when Restoration Required
=================================
Malicious Prosecution--Privilege--Filing of Complaint with Bar Ethics and Grievance Committee
The Parol Evidence Rule - A New Exception - Rinaudo V. Bloom, Lowell R. Bowen
The Parol Evidence Rule - A New Exception - Rinaudo V. Bloom, Lowell R. Bowen
Maryland Law Review
No abstract provided.