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Full-Text Articles in Law

Avoidance Of Constitutional Issues In The United States Supreme Court: Liberties Of The First Amendment, Burton C. Bernard Dec 1951

Avoidance Of Constitutional Issues In The United States Supreme Court: Liberties Of The First Amendment, Burton C. Bernard

Michigan Law Review

The frequently criticized reluctance of the Supreme Court to consider complaints of unconstitutional governmental action is manifested in the utilization by the Court of various rules of avoidance of constitutional issues. Uncompromising defense of this self-restraint would not be easy to reconcile with the Court's pronounced sensitivity, in modem times, to the liberties of the First Amendment. This article will examine the considerations underlying the traditional restraint, and will suggest that the Court should modify several of its rules of avoidance, at least when liberties of the First Amendment are threatened.


The First Amendment And Evils That Congress Has A Right To Prevent, Alexander Meiklejohn Jul 1951

The First Amendment And Evils That Congress Has A Right To Prevent, Alexander Meiklejohn

Indiana Law Journal

No abstract provided.


Constitutional Law - Municipal Control Of Public Streets And Parks As Affecting Freedom Of Speech And Assembly, Lenamyra Saulson Jun 1951

Constitutional Law - Municipal Control Of Public Streets And Parks As Affecting Freedom Of Speech And Assembly, Lenamyra Saulson

Michigan Law Review

It is the purpose of this comment to explore only one small part of the problem: the flight for freedom of speech and assembly as opposed by the municipality's police power to control its streets and parks. Three decisions handed down by the Supreme Court on January 15, 1951, will form the basis for an appraisal of the Supreme Court's present position in this area. However, the full import of these cases cannot be realized without first considering the history of the struggle and how the Court has dealt with it.


Constitutional Law-Due Process Of Law-Thornhill Reexamined, Rex Eames S.Ed. May 1951

Constitutional Law-Due Process Of Law-Thornhill Reexamined, Rex Eames S.Ed.

Michigan Law Review

In the spring of 1940, the Isle of Thornhill emerged from the watery depths and assumed a position in the Sea of American Constitutional Law. The discoverors of this Isle indicated their success was largely due to certain revelations made known three years· before by another highly distinguished explorer. The pronouncement in 1940 of the Isle's existence excited great furor and debate among the professional geographers as to its substance and future utility. In the early days of its discovery, Thornhill's area and coastline were not precisely or clearly charted, and only through several subsequent voyages have these important …


The Problems Of Yesteryear -- Commerce And Due Process, Robert L. Stern Apr 1951

The Problems Of Yesteryear -- Commerce And Due Process, Robert L. Stern

Vanderbilt Law Review

Less than fifteen years ago, there were constitutional problems important enough to stir the country, to threaten the sanctity of the Supreme Court. These were the culmination of at least three decades of judicial controversy, in which the pressure of events brought criticism of the Court's decisions, both in noteworthy dissenting opinions and outside, to a new height. Fifteen years later, there still are difficult and important constitutional problems, and there still is criticism of the Supreme Court's decisions--though on a relatively minor scale. But the issues which rocked more than the legal world in the 1930's and in the …


The Supreme Court And Civil Liberties, Paul A. Freund Apr 1951

The Supreme Court And Civil Liberties, Paul A. Freund

Vanderbilt Law Review

The evolution of the enforcement of First Amendment guarantees under the aegis of the Fourteenth is an interesting study in the throwing up of bridges before and the burning of them behind, characteristic of juridical-advance. The protection of property and of liberty of contract had long since been assured under decisions applying'the Fourteenth Amendment. The interests of a teacher and of a private school, challenging interference with their pursuits, were well calculated to furnish the span between proprietary and forensic rights. When the span was crossed the newly taken ground provided a new base for advance. Freedom of speech, recognized …


State Constitutions, State Courts And First Amendment Freedoms, Monrad G. Paulsen Apr 1951

State Constitutions, State Courts And First Amendment Freedoms, Monrad G. Paulsen

Vanderbilt Law Review

We have recently been reminded that one of the current and recurrent quandaries of the Supreme Court of the United States arises from the American constitutional system's counterpart of the philosophical problem of the One and the Many. When an individual's freedom is involved, the question is whether and to what degree state legislators, public officials and judicial officers shall be called upon to enforce standards of respect for personal liberties defined by the Federal Constitution and the United States Supreme Court; or, put another way, how far the first eight amendments of the Federal Constitution are incorporated into the …


Constitutional Law-Freedom Of Speech, Alan C. Boyd S. Ed. Apr 1951

Constitutional Law-Freedom Of Speech, Alan C. Boyd S. Ed.

Michigan Law Review

Defendant addressed a crowd of people, white and Negro, on a public sidewalk for the purpose of urging them to attend a certain meeting. During the course of his speech he "'called Mayor Costello [of Syracuse] a champaign [sic] sipping bum and President Truman a bum. He referred to the American Legion as Nazi Gestapo agents-he also said the fifteenth Ward was run by corrupt politicians and that horse rooms were operating.'" He also appealed to the Negroes to rise up and fight for equal rights. The police were called but at first merely observed the gathering. Angry …


Constitutional Law-Freedom Of Speech, Alan C. Boyd S. Ed. Apr 1951

Constitutional Law-Freedom Of Speech, Alan C. Boyd S. Ed.

Michigan Law Review

Defendant addressed a crowd of people, white and Negro, on a public sidewalk for the purpose of urging them to attend a certain meeting. During the course of his speech he "'called Mayor Costello [of Syracuse] a champaign [sic] sipping bum and President Truman a bum. He referred to the American Legion as Nazi Gestapo agents-he also said the fifteenth Ward was run by corrupt politicians and that horse rooms were operating.'" He also appealed to the Negroes to rise up and fight for equal rights. The police were called but at first merely observed the gathering. Angry …


State Constitutions, State Courts And First Amendment Freedoms, Monrad G. Paulsen Jan 1951

State Constitutions, State Courts And First Amendment Freedoms, Monrad G. Paulsen

Articles by Maurer Faculty

No abstract provided.