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Full-Text Articles in Law
Vested Rights And The Portal-To-Portal Act, Ray A. Brown
Vested Rights And The Portal-To-Portal Act, Ray A. Brown
Michigan Law Review
The Portal-to-Portal Act of 1947 attempts, by new and retroactive definitions of what constitutes working time of an employee under the Fair Labor Standards Act of 1938, to deprive employees of claims under that earlier act, to which the Supreme Court of the United States has held they were entitled. This article will discuss whether this can be done under the due process clause of the Fifth Amendment.
Criminal Law-Failure Of Accused To Testify--Extent Of Judge's Instruction In Federal Courts, Carson C. Grunewald
Criminal Law-Failure Of Accused To Testify--Extent Of Judge's Instruction In Federal Courts, Carson C. Grunewald
Michigan Law Review
In a prosecution against defendant for violation of the White Slave Traffic Act, the trial judge instructed the jury that defendant's failure to testify should not be considered by them in determining his guilt or innocence. On appeal from conviction, held, there was no error in this instruction. United States v. Fleenor, (C.C.A. 7th, 1947) 162 F. (2d) 935.
Constitutional Law--Due Process And The Bill Of Rights--Self-Incrimination, F. William Hutchinson
Constitutional Law--Due Process And The Bill Of Rights--Self-Incrimination, F. William Hutchinson
Michigan Law Review
In the course of evolving workable doctrines which give substance and meaning to the skeletal phrase "due process of law" as used in the Fourteenth Amendment to limit state action, the Supreme Court has frequently been called on to determine the scope of the several prohibitions and guarantees of the Bill of Rights of the federal Constitution. This general problem, and more particularly the application of the Fifth Amendment self-incrimination clause to state criminal proceedings, was again presented in a recent case and resulted in a sharp division of opinion within the Court.