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Full-Text Articles in Law

Joughin And Morgan: The Legacy Of Sacco And Vanzetti, Michigan Law Review Dec 1948

Joughin And Morgan: The Legacy Of Sacco And Vanzetti, Michigan Law Review

Michigan Law Review

A Review of THE LEGACY OF SACCO AND VANZETTI. By G. Louis Joughin and Edmund M. Morgan.


Courts-Jurisdiction-Constitutionality Of Statute Establishing Jurisdiction Over Nonresident Conducting Business In State Through Resident Agent, David D. Ring Dec 1948

Courts-Jurisdiction-Constitutionality Of Statute Establishing Jurisdiction Over Nonresident Conducting Business In State Through Resident Agent, David D. Ring

Michigan Law Review

Defendant, a resident of Utah, sued petitioner, a resident of California, to recover construction costs and contractor's fee for the erection of a building at petitioner's Utah place of business. In accordance with a statute of Utah providing that jurisdiction over a nonresident individual doing business in the state could be obtained in all actions arising out of the conduct of the business by serving process on the resident agent managing the business, summons was served on the petitioner's Utah manager. Petitioner appeared specially and moved to quash the summons for lack of jurisdiction, which motion was denied. He then …


Courts - Due Process- Findings Of Fact By Court On Basis Of Transcript Where Master Has Not Submitted Report, J. R. Mackenzie S.Ed. Dec 1948

Courts - Due Process- Findings Of Fact By Court On Basis Of Transcript Where Master Has Not Submitted Report, J. R. Mackenzie S.Ed.

Michigan Law Review

After taking evidence upon a matter referred to him, a master in chancery closed the proofs, but died before making his report. The district court, after receiving briefs of counsel and hearing argument, made an ultimate finding based on the transcript of evidence. Held, such action by a court which has not seen the witnesses is not in accord with due process. Smith v. Dental Products Co., (C.C.A. 7th, 1948) 168 F. (2d) 516.


Corwin: Liberty Against Government, Michigan Law Review Nov 1948

Corwin: Liberty Against Government, Michigan Law Review

Michigan Law Review

A Review of LIBERTY AGAINST GOVERNMENT. By Edward S, Corwin .


Constitutional Law-Procedural Due Process In Criminal Cases-Adequacy Of Remedies In State Courts To Raise The Questions, David H. Armstrong S.Ed. Nov 1948

Constitutional Law-Procedural Due Process In Criminal Cases-Adequacy Of Remedies In State Courts To Raise The Questions, David H. Armstrong S.Ed.

Michigan Law Review

This comment will not attempt to consider the guarantees of a fair trial, but will deal with the remedies available to a person confined in a state prison in his attempt to secure relief on the ground of an asserted violation of such guarantees in the conduct of his trial.


The Bill Of Rights, The Fourteenth Amendment And The Supreme Court, John Raeburn Green May 1948

The Bill Of Rights, The Fourteenth Amendment And The Supreme Court, John Raeburn Green

Michigan Law Review

The first enforcement of any of the First Amendment freedoms against the states, through the Fourteenth Amendment, was in 1927. In the twenty years since, these freedoms have, one by one, been brought within the protection of the due process clause of the Fourteenth Amendment, as integral parts of the "liberty" which is safeguarded against state denial-the process having been completed in 1947 by the dictum that the prohibition of the establishment of religion ran against the states. The chronology of the struggle to enforce the Bill of Rights against the states, as well as other circumstances, suggests that the …


Criminal Law-Manslaughter-Effect Of Violation Of Statute Or Ordinance On Criminal Negligence, C. E. Becraft Feb 1948

Criminal Law-Manslaughter-Effect Of Violation Of Statute Or Ordinance On Criminal Negligence, C. E. Becraft

Michigan Law Review

Defendant was convicted of the crime of negligent homicide and appealed, alleging that the Louisiana statute, making violation of a statute or ordinance presumptive evidence of criminal negligence, was repugnant to the due process clauses of the state and federal constitutions. Held, affirmed. The effect of the statute is merely to shift the burden of introducing evidence of one element of the crime charged: that of criminal negligence. The presumption does not operate as a prima facie presumption of guilt of the crime -and the state must still prove every element of the offense. State v. Nix, (La. …