Law Commons^™

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONSTITUTIONAL LAW--ALIENS--CONSTITUTIONALITY OF McCARRAN ACT

CONSTITUTIONAL LAW--DUE PROCESS--DUTY OF NON-RESIDENT VENDOR TO COLLECT USE TAX

CONSTITUTIONAL LAW--DUE PROCESS--TAXABLE SITUS OF PROPERTY OF INTERSTATE AIR CARRIER

DOMESTIC RELATIONS--INFANTS--RIGHT TO DISAFFIRM SEPARATION AGREEMENT

DOMESTIC RELATIONS--RES ADJUDICATA--FAILURE TO CROSS CLAIM IN SEPARATE MAINTENANCE SUIT AS BAR TO SUBSEQUENT DIVORCE

FEDERAL JURISDICTION AND PROCEDURE--FEDERAL STATUTORY RIGHT--CHARACTERIZATION OF RIGHT FOR PURPOSE OF APPLYING STATE STATUTE OF LIMITATIONS

INCOME TAXATION--TAXABLE INCOME--INCLUSION OF PROCEEDS OF PUNITIVE DAMAGES

NATURAL GAS ACT--STATUTORY CONSTRUCTION--SCOPE OF STATUTE AS AFFECTED BY SUBSEQUENT DECISIONS

NEGLIGENCE--USED-CAR DEALER--DUTY TO INSPECT

SALES--IMPLIED WARRANTY--REQUIREMENT OF PRIVITY BETWEEN PROCESSOR AND ULTIMATE CONSUMER

TORTS--UNATTENDED AUTOMOBILE STATUTE--LIABILITY OF OWNER FOR …

Crosskey And The Constitution: A Reply To Goebel, Sylvester Petro

Michigan Law Review

The immediate purpose of this paper is to demonstrate the inadequacies of the most embittered of the reviews of Crosskey's book which I have read, "Ex Parte Clio,'' written by Professor Goebel (hereinafter sometimes referred to as "the reviewer"). Demonstrating these things will involve repeated reference to the thesis and the methodology of the book, and comparison of the book with the contentions advanced by the reviewer. The reading will probably be as tedious as the writing has been, but that cannot be helped, for the longer aim of this paper cannot be achieved in any other manner. That aim …

Released Time And Religious Liberty: A Further Reply, Paul G. Kauper

Michigan Law Review

In his "Reply" to the writer's review of his excellent book, Mr. Pfeffer has singled out the part of the review in which the writer discussed the released-time problem and the position taken by Mr. Pfeffer with respect thereto. To prolong the arguments over this matter in the pages of this Review would he unprofitable, hut the writer feels that a few comments on Mr. Pfeffer's reply would not he out of order.

Constitutional Law - Federal Occupation Of Field Of Control Of Subversives, John C. Hall S.Ed.

Michigan Law Review

Defendant was chairman of the Communist Party for the western district of Pennsylvania. He was charged with willfully advocating the violent overthrow of the United States Government, and his conviction under state statute was sustained by the superior court. On appeal, held, reversed. The federal Smith Act pre-empted the field of control of subversive activities and the state law is therefore void. Commonwealth v. Nelson, 377 Pa. 58, 104 A. (2d) 133 (1954).

Legislation - Requirement Of Definiteness In Statutory Standards, Robert B. Krueger S.Ed.

Michigan Law Review

While it is universally recognized that definiteness in statutory standards is a condition prerequisite to the application of a statute, there is no agreement among either the courts or the writers as to the theory behind this requirement. However, common elements in each of the two prevalent theories indicate certain factors which may well be decisive on the question of definiteness in any given case. The purpose of this comment is to explore the practical implications of the interplay of these various factors and theories.

Release Time And Religious Liberty: A Reply, Leo Pfeffer

Michigan Law Review

In his generous article-review of this writer's book, Church, State, and Freedom, Paul G. Kauper justified the decision of the United States Supreme Court in Zorach v. Clauson on the basis of its prior decision in Pierce v. Society of Sisters. In the Pierce case, it will be remembered, the Supreme Court invalidated an Oregon statute whose purpose it was to require attendance of all children at public schools. In Zorach v. Clauson, the Court upheld the validity of a New York statute that permitted public schools to release children for one hour weekly to receive religious …

Constitutional Law - Search And Seizure - Evidence Of Prior Search As Bearing On Credibility Of Defendant's Testimony, Ira A. Brown, Jr.

Michigan Law Review

In 1952 petitioner was indicted in a federal court, charged with illegal sales of narcotics. During direct examination by his counsel, petitioner denied ever having had possession of narcotics. On cross-examination by the government, petitioner repeated his denial and continued to do so even when the government questioned him, over his objection, concerning a heroin capsule unlawfully seized in his home in 1950. Evidence of the unlawful seizure in 1950 had been ruled inadmissible in an earlier trial. Petitioner's denials were squarely in conflict with an affidavit he had filed at the earlier trial. In rebuttal, the government introduced testimony …

Jacobs: Law Writers And The Courts, Richard. A. Edwards

Michigan Law Review

A Review of Law Writers and the Courts. By Clyde E. Jacobs

Constitutional Law - Due Process - Enforced Collection Of State Use Tax From Nonresident Vendor, John Leddy S.Ed.

Michigan Law Review

Appellant is a Delaware corporation engaging in the retail furniture business in Delaware. It has no place of business in Maryland, nor does it solicit orders in that state. It does not accept mail or phone orders from Maryland, nor does it advertise in any Maryland publications. The only contacts which the appellant has with Maryland customers, aside from direct dealings at appellant's retail store, are occasional direct mail advertisements, which it sends to all of its customers wherever located, and deliveries of goods purchased by Maryland customers. These deliveries are either made by commercial carrier or by appellant's own …

Federal Procedure - Availability Of Coram Nobis In Federal Cases Involving Right Of Counsel, John Leddy S.Ed.

Michigan Law Review

ln 1939 Robert Morgan pleaded guilty to a charge of mail theft and was sentenced by a federal district court to four years imprisonment. He served the term and was released. In 1950 he was convicted of a crime in New York state and sentenced as a second offender because of his previous federal conviction. In 1952 he made application to the district court of original sentence for a common law writ of coram nobis, seeking an order vacating and setting aside his conviction by that court on the ground that he was not given assistance of counsel and had …

Conflict Of Laws -- 1954 Tennessee Survey, John W. Wade

Vanderbilt Law Review

There are three Tennessee Supreme Court cases involving Conflict of Laws and an equal number of federal cases arising in Tennessee. One of the state cases raises constitutional questions and the United States Supreme Court may someday disagree with the Tennessee court.

"Stockholders' Liability." This case is Paper Products Co. v. Doggrell. The facts are not complicated, but a rather involved mix-up developed between the state and federal courts.

Doggrell, Konz and Whitaker were sole stockholders in an Arkansas business association entitled Forest City Wood Products, Inc., with principal office located in St. Francis County, Arkansas. Doggrell and Konz were …

Constitutional Law -- 1954 Tennessee Survey, Edwin F. Hunt

Vanderbilt Law Review

During the period under consideration the most important developments for Tennessee in the field of Constitutional Law were amendments to the State Constitution. This Constitution, adopted in 1870, was the oldest unamended constitution in the United States until eight proposed amendments were ratified by the voters on November 3, 1953. That the Tennessee Constitution had been unchanged for so many years was the result of several factors, most obvious of which was the fact that such constitution was especially difficult to amend.

under the amending provision' amendments required approval of a majority of the entire membership of both Houses of …

Constitutional Law--Separation Of Powers--Control By Judiciary Of Compensation Of Court Attaches, W. R. B. Ii.

West Virginia Law Review

No abstract provided.

Constitutional Law-Congressional Powers-Validity Of The 1953 Submerged Lands Act, William D. Keeler

Michigan Law Review

In 1947 and 1950 the Supreme Court held that the coastal states had no property interest in the submerged lands lying seaward from the low water mark, whether ownership of this land was held by the state prior to admission into the Union or not, and that the federal government had paramount rights in and power over this land, including the resources of the soil beneath it. In 1953 Congress passed, and the President signed, the Submerged Lands Act, which vested in the coastal states title to and proprietary power over this land. Alabama and Rhode Island petitioned the Court …

Constitutional Law - Criminal Procedure - Federal Immunity Statute Applicable To State Court, Raymond R. Trombadore S.Ed.

Michigan Law Review

ln response to a summons, petitioner appeared to testify before a congressional committee investigating crime, and confessed to having run a gambling business in Maryland. This confession was used in the criminal court of Baltimore to convict petitioner of conspiring to violate the state's anti-lottery laws. The conviction was affirmed by the Court of Appeals of Maryland, which rejected petitioner's contention that use of the committee testimony was forbidden by a federal statute which provides that no testimony given by a witness in congressional inquiries "shall be used as evidence in any criminal proceeding against him in any court." On …

Constitutional Law-Commerce Clause-State Taxation Of Interstate Commerce, Theodore J. St. Antoine S.Ed.

Michigan Law Review

Appellant express company, a Delaware corporation, did only interstate business within the state of Virginia. Virginia levied a state tax on intangible personal property and money owned by express companies doing business within the state, and set off their real estate and tangible personal property for local levies. In addition to the property tax, the Virginia statute provided for an "annual license tax . . . for the privilege of doing business in this State." The tax was "equal to two and three-twentieths per centum upon the gross receipts . . . earned in this State on business passing through, …

Constitutional Law - Contempt Proceedings To Punish For Criticism Of Judicial Decision, G. Duane Holloway

William and Mary Review of Virginia Law

No abstract provided.

Constitutional Law, Joan Smith

Washington Law Review

Covers cases on the enrolled bill rule and on the right to trial by jury in contempt proceedings.

Evidence-Presumtions-Alabama Statute Making Compliance With Federal Wagering Tax Law Prima Facie Evidence Of Violation Of State Gambling Law, John C. Hall S.Ed.

Michigan Law Review

In 1953 the Alabama legislature, taking advantage of the federal occupational tax on professional gamblers, enacted legislation making possession of the federal wagering tax stamp prima facie evidence of violation of the state gambling laws.

Constitutional Law-Church And State-Distribution Of Gideon Bible In Public Schools, Raymond R. Trombadore S.Ed.

Michigan Law Review

The Gideons International, a non-profit religious corporation, applied by letter to the Board of Education of the Borough of Rutherford, New Jersey, for permission to distribute free copies of the Gideon Bible to pupils of the public schools of that community. By resolution passed at a regular meeting of the board, permission was granted for distribution to pupils whose parents requested copies of the Bible. Prior to distribution, suit for injunction was commenced by parents of Jewish and Catholic pupils to determine the validity of the distribution under the federal and New Jersey constitutions. The trial court found for defendants. …

Crosskey's Constitution: An Archeological Blueprint, Howard J. Graham

Vanderbilt Law Review

Could it be fortunate that so much of history is a closed, or at least a forbidden, book? Otherwise might we not squander our resources reliving and refighting the past? The present soon would be unendurable, the future an endless remarshalling yard for causes stretching back to antiquity.

If the first volumes of Professor Crosskey's study invite this somber opening reflection, it is not that his achievement is unimpressive. Here, undeniably, is a work in the great tradition of controversial writing. Few lawyers and certainly fewer historians--ever willingly have assumed greater burdens of proof. Yet fewer still have contrived a …

Congress, The Constitution And Crosskey, James A. Durham

Indiana Law Journal

No abstract provided.

The Right Of Privacy And Due Process Of Law, Paul Gonson

Buffalo Law Review

No abstract provided.

Designing A Deferred Compensation Profit Sharing Plan For A Small Company, Donald C. Lubick

Buffalo Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

A Commentary on Recent Case Law --By Subject:

Constitutional Law--Due Process--Use in State Prosecution of Evidence obtained by Illegal Invasion of Privacy

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Constitutional Law--Unlawful Search and Seizure--Admissibility of Evidence for Impeachment Purposes

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Evidence--Radar Evidence of Speed--Coincidence of Radar and Speedometer Readings as Hearsay

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Federal Courts--State NonResident Motorist Statute--Waiver of Federal Venue Privilege

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Federal Jurisdiction--Diversity of Citizenship--Retroactive Effect of Amendments to Perfect Jurisdiction

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Income Taxation--Deductions--Periodic Alimony Payments

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Labor Law--Preemptive Effect of Taft-Hartley--Scope of State Jurisdiction

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Torts--Dog Bite--Owner's Scienter

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Workmen's Compensation--Accident Arising out of Employment--Pre-Existing Heart Disease

Constitutional Law - Judicial Powers - Legality Of The Grand Jury Report, Alan Reeve Hunt S.Ed.

Michigan Law Review

On December 2, 1952, a federal grand jury for the United States District Court for the Southern District of New York, in a "presentment" made to that court, took the State Department severely to task for what it considered to be a conspicuous failure in handling the problem of subversive employees, United States citizens, at the United Nations. It further charged the State Department with impeding the grand jury's progress in attempting to fix responsibility for the failure upon certain State Department officials. On October 11, 1951, the Camden County grand jury presented to the Superior Court of New Jersey …

Constitutional Law-Legislative-Power To Reduce Grade Of Criminal Offense In Order To Avoid Jury Trial, Chester F. Relyea S.Ed.

Michigan Law Review

A complaint was made in the Municipal Court of Hoboken against the defendant charging that he had willfully committed an assault and battery by spitting on another, in violation of the Disorderly Persons Law, which states: "Any person who commits an assault or an assault and battery is a disorderly person." The defendant moved to dismiss the complaint on the ground that the statute violated his constitutional right to prosecution by indictment and trial by jury. The municipal court denied the motion. On certification to the New Jersey Supreme Court, held, the statute did not wrongfully deny defendant a …

Constitutional Law-Commerce Clause-State Taxation Of Interstate Air Carriers, Robert B. Olsen

Michigan Law Review

Plaintiff, an interstate air carrier, was incorporated in Delaware, and the home port of its planes was in Minnesota. It conducted regularly scheduled flights in and between twelve states. No landings were ever made in Delaware. Nebraska, one of the states in which landings were made by plaintiff, levied an ad valorem tax on a proportion of the Hight equipment of the plaintiff measured by the proportion of the total use of the equipment that was attributable to Nebraska. Plaintiff contended that the commerce clause of the United States Constitution precluded Nebraska from imposing any tax whatever upon such Hight …

Constitutional Law—Scope Of Fifteenth Amendment Protection Against Attempts To Restrict Franchise Of Negroes. [United States Supreme Court], John F. Kay Jr.

Washington and Lee Law Review

No abstract provided.

Constitutional Law - Censorship Of Obscence Literature, Donald M. Wilkinson, Jr. S.Ed.

Michigan Law Review

The right to a free expression of ideas, without interference from governmental authorities, is inherent in the very nature of a democracy. On the other hand, it is also clear that the greater interests of the state at large will conflict with certain forms of expression, and in such circumstances obviously the former must prevail. It is the purpose of this comment to discuss the constitutional limitations on the governmental suppression of literature on grounds of obscenity.