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Full-Text Articles in Law

Conflict Of Laws-Constitutional Law-Full Faith And Credit-Fraternal Benefit Society's Constitution Controlling Over Statute Of Limitations Of Forum State, Bruce L. Moore S.Ed. Dec 1947

Conflict Of Laws-Constitutional Law-Full Faith And Credit-Fraternal Benefit Society's Constitution Controlling Over Statute Of Limitations Of Forum State, Bruce L. Moore S.Ed.

Michigan Law Review

In an action against an Ohio fraternal benefit society to recover insurance benefits resulting from the death of an insured member, the defense was that the constitution of the society prohibited the bringing of an action on such a claim more than six months after disallowance of the claim. This provision was valid under the statutes and court decisions of Ohio. The statute of limitations of the state of the forum, South Dakota, was six years on contract actions. Another statute of South Dakota declared void every stipulation in a contract limiting the time within which a party may enforce …


Constitutional Law-Jury Trial-Validity Of The "Blue Ribbon" Jury, Edward S. Tripp S.Ed. Dec 1947

Constitutional Law-Jury Trial-Validity Of The "Blue Ribbon" Jury, Edward S. Tripp S.Ed.

Michigan Law Review

Defendants, labor union officers, were indicted for conspiracy and extortion. The state moved for a "blue ribbon" jury. Defendants objected to the "blue ribbon" panel on grounds of denial of due process and equal protection; first, because laborers and women were unlawfully excluded from the panel, and also because "blue ribbon" juries were more inclined to convict than common juries. Defendants later accepted each individual juror. Defendants were convicted and the New York appellate court affirmed. The United States Supreme Court granted certiorari. Held, affirmed. Defendants failed to show any intentional and purposeful exclusion which would be prejudicial to …


Jury-Determination Of Damages By Appellate Court As Denial Of Right To Trial By Jury Given By Federal Law, William B. Harvey Dec 1947

Jury-Determination Of Damages By Appellate Court As Denial Of Right To Trial By Jury Given By Federal Law, William B. Harvey

Michigan Law Review

Plaintiff's cause of action arose under the federal Merchant Marine Act, which grants a right to trial by jury. Plaintiff recovered judgment and on appeal defendant asked the court to determine the damages pursuant to provision in the Oregon Constitution vesting in the supreme court the power to determine from the evidence the extent of a plaintiff's damages and to direct the entry of a final judgment for the amount thereof, on appeal from a jury's verdict awarding damages claimed by the defendant to be excessive. Held, the provision is inapplicable in cases arising under the federal Merchant Marine …


Judgments--Criteria Of Finality Of State Court Decrees For The Purpose Of Federal Review, John M. Veale S.Ed. Nov 1947

Judgments--Criteria Of Finality Of State Court Decrees For The Purpose Of Federal Review, John M. Veale S.Ed.

Michigan Law Review

At the suit of the plaintiff, an incorporated religious organization, a permanent injunction issued from a lower state court enjoining the enforcement of certain ordinances of the defendant City of Los Angeles on the ground that they violated the plaintiff's religious liberty under the Constitutions of California and the United States. The case was appealed to the Supreme Court of California which sustained the ordinances as Constitutional and entered a judgment which provided " . . . the Judgment . . . in the above cause . . . is hereby reversed." On plaintiff's appeal, defendant questioned the jurisdiction of …


Rutledge: A Declaration Of Legal Faith, Merrill N. Johnson S.Ed. Nov 1947

Rutledge: A Declaration Of Legal Faith, Merrill N. Johnson S.Ed.

Michigan Law Review

A Review of A DECLARATION OF LEGAL FAITH. By Wiley Rutledge.


Constitutional Law-Taxation-Gross Receipts Taxes In Relation To Interstate Commerce-Freeman V. Hewit, Irving Slifkin S.Ed. Nov 1947

Constitutional Law-Taxation-Gross Receipts Taxes In Relation To Interstate Commerce-Freeman V. Hewit, Irving Slifkin S.Ed.

Michigan Law Review

The scope of state taxation of interstate commerce has been redefined in two recent Supreme Court cases involving the application of state gross receipts taxes. In Freeman v. Hewit and Joseph v. Carter and Weekes Stevedoring Co., the Court discarded the cumulative burdens test, which for the past eight years had served as the basis for determining the extent of state taxation of interstate commerce, and readopted the direct and indirect burden test.


State Regulation Of Interstate Pipelines-Natural Gas Act Oct 1947

State Regulation Of Interstate Pipelines-Natural Gas Act

Indiana Law Journal

Constitutional Law Note


Constitutional Law-A Federal Commercial Code-Some Possibilities Under The Constitution, Merrill N. Johnson Jun 1947

Constitutional Law-A Federal Commercial Code-Some Possibilities Under The Constitution, Merrill N. Johnson

Michigan Law Review

It is the purpose of this comment to examine various possibilities of federal action which would help to bring about unification, simplification and clarification in the field of commercial law. The term "commercial law" has no commonly accepted connotation; it is taken here to ·include the law of transfers of personal property by commercial methods, of negotiable instruments, of chattel securities, of agency and of business associations; in short, all those fields of law which a Continental lawyer would term "private commercial law."


Constitutional Law-Due Process Clause-Right Of An Accused To Have Counsel Appointed By The Court, Frank H. Roberts Jun 1947

Constitutional Law-Due Process Clause-Right Of An Accused To Have Counsel Appointed By The Court, Frank H. Roberts

Michigan Law Review

On May 16, 1932, petitioner, then seventeen years of age, was arraigned, tried, convicted of murder in the first degree and sentenced to life imprisonment. Petitioner was without legal assistance throughout these proceedings, was never advised of his rights to counsel, was never informed of the consequences of a guilty plea and, as disclosed by the record, was considerably confused as to the effect of such plea. In 1945, he moved for leave to file a delayed motion for new trial in the court in which he was convicted, on the ground that there had been serious impairment of his …


Res Judicata---State Court's Dismissal As A Bar To A New Suit On The Same Cause In A Federal Court Exercising Diversity Jurisdiction, Richard J. Archer Jun 1947

Res Judicata---State Court's Dismissal As A Bar To A New Suit On The Same Cause In A Federal Court Exercising Diversity Jurisdiction, Richard J. Archer

Michigan Law Review

A citizen of Virginia brought suit in a North Carolina court against a citizen of North Carolina for a deficiency judgment on a note executed in Virginia ·for the purchase of land in Virginia. Defendant's demurrer to the complaint on the ground that a North Carolina statute precluded recovery was - overruled; defendant appealed. In spite of plaintiff's contention that the statute was an invalid abridgment of the full faith and credit clause of Article IV of the Constitution of the United States, the North Carolina Supreme Court held that the statute effectively barred the action from the state courts …


Constitutional Law-Taking Private Property For Public Use-Control Of Airspace, Robert K. Eifler S.Ed. May 1947

Constitutional Law-Taking Private Property For Public Use-Control Of Airspace, Robert K. Eifler S.Ed.

Michigan Law Review

The airspace above land is the object of at least five conflicting claims of right. The owner of the land beneath it claims the right to use it and at least a limited right to prevent its use. The aviator demands the right to fly through it. The airport operator, whether governmental agent or private individual, has an interest in keeping it free from obstructions. The state claims sovereignty over it. The federal government claims the power to control it for the purposes of interstate commerce as well as international relations.


Civil Servants And The Right To Engage In Political Activity Apr 1947

Civil Servants And The Right To Engage In Political Activity

Indiana Law Journal

Notes and Comments: Constitutional Law


Characterization, Res Judicata And The Lawyers' Clause, C.B. Dutton Jr. Apr 1947

Characterization, Res Judicata And The Lawyers' Clause, C.B. Dutton Jr.

Indiana Law Journal

No abstract provided.


Indiana Gross Income Tax And The Commerce Clause Apr 1947

Indiana Gross Income Tax And The Commerce Clause

Indiana Law Journal

Notes and Comments: Constitutional Law


Suppression Of Coerced Confessions Apr 1947

Suppression Of Coerced Confessions

Indiana Law Journal

Notes and Comments: Constitutional Law


Right To Counsel In Criminal Law Apr 1947

Right To Counsel In Criminal Law

Indiana Law Journal

Notes and Comments: Constitutional Law


Constitutional Law-Power Of State To Impose License Tax On Foreign Insurance Company Doing Business In State. [United States Supreme Court] Mar 1947

Constitutional Law-Power Of State To Impose License Tax On Foreign Insurance Company Doing Business In State. [United States Supreme Court]

Washington and Lee Law Review

No abstract provided.


Eminent Domain-Right Of Abutting Owner To Compensation For Use Of Roadway For Purpose Other Than Travel. [Ohio] Mar 1947

Eminent Domain-Right Of Abutting Owner To Compensation For Use Of Roadway For Purpose Other Than Travel. [Ohio]

Washington and Lee Law Review

No abstract provided.


Constitutional Law-Search And Seizure, Howard A. Jacobs S.Ed. Mar 1947

Constitutional Law-Search And Seizure, Howard A. Jacobs S.Ed.

Michigan Law Review

The most important step in the development of this constitutional provision came in 1886 in the famous case of Boyd v. United States. There the Court gave life to the Fourth Amendment by recognizing its intimate relation to the Fifth Amendment; thus laying the foundation for the federal rule that the Fifth Amendment protects every person from incrimination by the use of evidence obtained through search or seizure made in violation of his rights under the Fourth Amendment. With the exception of a temporary setback in 1903, this rule, as restated in the Weeks case, has effectively weathered a …


Amending And Revising State Constitutions, J. E. Reeves, Kenneth E. Vanlandingham Jan 1947

Amending And Revising State Constitutions, J. E. Reeves, Kenneth E. Vanlandingham

Kentucky Law Journal

No abstract provided.


Comity Of Relations Between Governments Of The Several States And The National Government As Affected By Federal Judicial Review, James R. Lewis Jan 1947

Comity Of Relations Between Governments Of The Several States And The National Government As Affected By Federal Judicial Review, James R. Lewis

Kentucky Law Journal

No abstract provided.


The Constitution Making Process, J. E. Reeves Jan 1947

The Constitution Making Process, J. E. Reeves

Kentucky Law Journal

No abstract provided.


Naturalization--Requirement Of Willingness To Bear Arms, William O. Gilbreath Jan 1947

Naturalization--Requirement Of Willingness To Bear Arms, William O. Gilbreath

Kentucky Law Journal

No abstract provided.


Legislative Abolition Of Remedies Jan 1947

Legislative Abolition Of Remedies

Indiana Law Journal

Notes and Comments: Constitutional Law


Congressional Silence: A Tool Of Judicial Supremacy, Frank Edward Horack Jr. Jan 1947

Congressional Silence: A Tool Of Judicial Supremacy, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.


Jury -- Determination Of Damages By Appellate Court As Denial Of Right To Trial By Jury Given By Federal Law, William Burnett Harvey Jan 1947

Jury -- Determination Of Damages By Appellate Court As Denial Of Right To Trial By Jury Given By Federal Law, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.


Constitutional Law-Interstate Commerce-Congressional Consent To Discriminatory State Taxation, George Brody S.Ed. Jan 1947

Constitutional Law-Interstate Commerce-Congressional Consent To Discriminatory State Taxation, George Brody S.Ed.

Michigan Law Review

South Carolina statutes imposed upon foreign insurance companies a tax of 3 per cent of the aggregate premiums received from business done within the state, without reference to its interstate or local character, as a condition to receiving a certificate of authority to do business within the state. No similar tax was imposed upon domestic insurance companies. The Prudential Life Insurance Company, a New Jersey corporation doing business in South Carolina, refused to pay, contending that since it was a discriminatory tax it was unconstitutional. Furthermore, Prudential challenged the power of Congress to consent to the levying of such discriminatory …


Constitutional Law-Interstate Commerce-State Regulation Of Insurance, Eugene H. Lattin Jan 1947

Constitutional Law-Interstate Commerce-State Regulation Of Insurance, Eugene H. Lattin

Michigan Law Review

The California Insurance Code forbids a person to act as agent for an insurance company until a license is obtained from the commissioner, and forbids acting as agent for any non-admitted insurer in the transaction of insurance business in the state. Summarily stated, the provisions for the admission of insurance companies forbid either foreign or domestic companies to do a life insurance business in California other than on a legal reserve basis, thereby excluding the company represented by appellant as its agent. Appellant was convicted for violations of both provisions of the law. He contended that these sections, as applied …


Constitutional Law-State Apportionment For Congressional Elections-Justiciability Of Issue, L. B. Brody S.Ed. Jan 1947

Constitutional Law-State Apportionment For Congressional Elections-Justiciability Of Issue, L. B. Brody S.Ed.

Michigan Law Review

Petitioners, three qualified Illinois voters, filed a proceeding in a United States district court composed of three judges, seeking a determination under the Federal Declaratory Judgment Act that the 1901 State Apportionment Act of Illinois was in violation of the Fourteenth Amendment and Article I of the Constitution, in that it denied to citizens of the United States the equal and unabridged right to vote for Congressmen. On direct appeal to the Supreme Court of a dismissal of the petition by the lower court, the complaint alleged that the statute apportioning the State of Illinois was void in that it …


Constitutional Law-Due Process Of Law-Freedom Of The Press To Criticize The Judiciary-Clear And Present Danger Test, Merrill N. Johnson Jan 1947

Constitutional Law-Due Process Of Law-Freedom Of The Press To Criticize The Judiciary-Clear And Present Danger Test, Merrill N. Johnson

Michigan Law Review

The editor and publisher of the Miami Herald published two editorials and a cartoon which inaccurately portrayed the local circuit court as willing to "accept, even go out to find, every possible technicality of the law to protect the defendant, to block, thwart, hinder, embarass and nullify prosecution" in certain criminal cases then before the court. They were cited in contempt of the circuit court for tending to obstruct and interfere with the impartial administration of justice. Found guilty of the charges, the petitioners appealed to the Florida Supreme Court, which affirmed the decision declaring that the object of the …