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Constitutional Law - Right To Travel - Authority Of Secretary Of State To Deny Passports, Arnold Henson S.Ed.
Constitutional Law - Right To Travel - Authority Of Secretary Of State To Deny Passports, Arnold Henson S.Ed.
Michigan Law Review
Petitioner's application for a passport was denied under §51.135 of the Passport Regulations promulgated by the Secretary of State on the grounds that he was a Communist and that he had a record of consistent and prolonged adherence to the Communist Party line. The letter of denial stated that before a passport would be issued, a non-communist affidavit as provided for in the Regulations would be required. Following petitioner's refusal to file the affidavit the State Department informed him that until one was filed his application would receive no further consideration. Petitioner thereupon brought an action for declaratory relief in …
Landowners' Rights In The Air Age: The Airport Dilemma, William B. Harvey
Landowners' Rights In The Air Age: The Airport Dilemma, William B. Harvey
Michigan Law Review
If Lord Tennyson had been a student of the common law, he might well have qualified his poetic foresight of "the heavens fill[ed] with commerce" by some cautious reference to the complaints of landowners below against the "pilots of the purple twilight, dropping down with costly bales." The result doubtless would have been poorer poetry but a far more accurate forecast of the problems to confront mid-20th century lawyers. Although the phenomenal growth of civil aviation since the first World War has opened up a host of difficulties, the only ones of concern in this article are those presenting the …
Constitutional Law - Former Jeopardy - Retrial For Greater Offense After Conviction Of Lesser Included Offense Reversed On Appeal, Ralph E. Boches
Constitutional Law - Former Jeopardy - Retrial For Greater Offense After Conviction Of Lesser Included Offense Reversed On Appeal, Ralph E. Boches
Michigan Law Review
Defendant was indicted by the District of Columbia grand jury on counts charging both arson and murder in the first degree for a death caused by the arson. He was convicted of arson and second-degree murder, the jury returning no verdict on the first-degree murder charge. On appeal the conviction of second-degree murder was reversed because the evidence permitted only a conviction of first-degree murder or an acquittal. On remand defendant was retried on the original indictment for first-degree ·murder, convicted, and sentenced to death over his objection of former jeopardy. The court of appeals, sitting en banc, affirmed …
Constitutional Law - Privilege Against Self-Incrimination - Danger Of Prosecution In Other Jurisdictions, George R. Haydon, Jr.
Constitutional Law - Privilege Against Self-Incrimination - Danger Of Prosecution In Other Jurisdictions, George R. Haydon, Jr.
Michigan Law Review
Defendant, a witness called by the New Hampshire attorney general in an investigation of subversive activities, was granted statutory immunity in New Hampshire from criminal prosecution which might arise from his testimony and was ordered to testify. Since any disclosures would create serious danger of prosecution by the United States and Massachusetts, whose agencies were also investigating his activities, defendant refused to testify despite the grant of immunity, invoking the privilege against self-incrimination guaranteed by the state constitution. He was found guilty of contempt, subject to his exceptions regarding the constitutionality of the immunity statute. On hearing before the state …
Constitutional Law - Fifth Amendment - Right Of Defendant In Denaturalization Proceedings To Refuse To Testify, Theodore G. Koerner
Constitutional Law - Fifth Amendment - Right Of Defendant In Denaturalization Proceedings To Refuse To Testify, Theodore G. Koerner
Michigan Law Review
The United States as plaintiff instituted denaturalization proceedings alleging that deliberately false statements were made by defendant at the time of his naturalization. No "affidavit showing good cause" for such suit, required by section 340 (a) of the Immigration and Nationality Act of 1952, was filed with the original complaint although one was filed with a later amended complaint. When plaintiff sought to take defendant's deposition pursuant to rule 26, Federal Rules of Civil Procedure, defendant appeared for the examination but refused to be sworn. He was taken before the district court which directed that he be sworn, and he …