Law Commons^™

Constitutional Law--Nationality--Involuntary Expatriation, R. G. D.

West Virginia Law Review

No abstract provided.

Constitutional Law--Due Process--Pre-Need Burial Contract Statute Held Unconstitutional, M. D. W. Jr.

West Virginia Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

In a hearing before the Commissioner of Investigation of the City of New York, appellant refused to state whether he was then a member of the Communist Party and based his refusal to answer on the fifth amendment to the United States Constitution. He was thereafter discharged as an employee of the New York Transit Authority pursuant to provisions of the New York Security Risk Law' which allows dismissal of employees of security agencies who are found to be of "doubtful trust and reliability." Without seeking administrative remedies, appellant brought a proceeding in the state court for reinstatement contending that …

Constitutional Law--Delegation Of Legislative Power--Time Fixing Statute, L. S. D.

West Virginia Law Review

No abstract provided.

Constitutional Law - Right To Jury Trial In Indirect Criminal Contempts In Federal Courts, Denis T. Rice S.Ed.

Michigan Law Review

Should constitutional provisions for jury trial apply to contempts committed outside the physical presence of a federal court? The United States Supreme Court, in the recent case of Green v. United States, reviewed this long disputed question. The case involved two Communist Party leaders who had been convicted of Smith Act violations and then had "jumped bail" when they disappeared in violation of surrender orders requiring their presence in court for sentencing. After four and a half years as fugitives they surrendered in 1956 and were charged with criminal contempt of court. Following a so-called "summary" hearing (without the …

Civil Procedure - Jurisdiction - Service Of Process On Foreign Television Corporation, Arnold Henson S.Ed.

Michigan Law Review

Defendant, a West Virginia corporation, operated a television station in Huntington, West Virginia. Its telecasts regularly reached into Boyd County, Kentucky, where part of its customary viewing audience was located. During a twelve-month period in 1954-1955 the corporation derived $71,310.30 in advertising revenue from Kentucky firms, although the contracts for this advertising were made outside Kentucky. In the course of a newscast defendant published an alleged libel against plaintiff, and suit was brought in Boyd County Court. Substituted service of process was made on the Secretary of State in accordance with the Kentucky "doing business" statute, and defendant then removed …

Habeas Corpus - Jurisdiction - Exhaustion Of State Remedies As Prerequisite To Federal Relief, John D. Kelly S.Ed.

Michigan Law Review

Petitioner, a prisoner of the Commonwealth of Pennsylvania convicted of armed robbery in 1947, filed a petition for a writ of habeas corpus in federal district court after several efforts to secure the writ in a state court had been unsuccessful. Jurisdiction was based on exhaustion of available state remedies. The petition alleged that the Commonwealth had violated petitioner's rights under the due process clause of the Fourteenth Amendment by denying him the right to be represented by counsel at his trial. The Commonwealth moved to dismiss on the ground that the petition on its face showed that state remedies …

Constitutional Law - State Action - Imposing Criminal Penalties To Enforce Private Discrimination, Melvyn I. Mozinski S.Ed.

Michigan Law Review

Defendants, Negroes, entered a section of a private restaurant designated to be for "White" patrons only. Although they were denied service, they refused to comply with the proprietor's request to leave. Defendants were subsequently arrested by a police officer after declining his offer not to arrest if they would depart, and were tried for violation of the state's criminal trespass statutes. They were found guilty of a misdemeanor. On appeal, held, sustained. Defendants have no constitutionally protected right not to be discriminated against by an operator of a private enterprise. State v. Clyburn, 247 N.C. 455, 101 S.E. …

Scientific Investigation And Defendants' Rights, B. J. George Jr.

Michigan Law Review

Advances in science, medicine and industry have made much of the world a more pleasant place in which to live. In general more men are living a physically more satisfying life in more comfortable surroundings than preceding generations. But with this has come a parallel increase in criminality to the point that the term "crime wave" is heard with increasing frequency. Many crimes are facilitated in their commission by adaption or application of new scientific discoveries by criminal elements. A natural consequence is that already overburdened police departments turn as quickly as is financially possible to new scientific techniques in …

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 …

Pennsylvania V. Nelson: A Case Study In Federal Pre-Emption, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Constitutional Law—Right To Counsel On Appeal, Buffalo Law Review

Buffalo Law Review

People v. Breslin, 4 N.Y.2d 73, 172 N.Y.S.2d 157 (1958).

Constitutional Law—Interstate Commerce—Gross Receipts Tax, Buffalo Law Review

Buffalo Law Review

Schaefer Brewing Co. v. Gerosa, 4 N.Y.2d 423, 176 N.Y.S.2d 276 (1958).

Constitutional Law -- 1958 Tennessee Survey, Elvin E. Overton

Vanderbilt Law Review

State constitutional law decisions, lacking the universality of application of many other fields of the law, are vital and of significance frequently only to the local bar and local public officials. There is another difference between state constitutional law decisions, and federal constitutional law decisions: state courts are inclined to deal with state constitutional issues with an emphasis on the pragmatic problem of deciding the case and getting it out of the way,rather than with an emphasis on completing the blue print-of seeking to establish the general principle which reflects the conflicting policies struggling for recognition. In most United States …

Indiana, 1851, Alaska, 1956: A Century Of Difference In State Constitutions, P. Allan Dionisopoulos

Indiana Law Journal

No abstract provided.

The Supreme Court: Constitutional Revolution In Retrospect, By Bernard Schwartz, Irving Dilliard

Indiana Law Journal

No abstract provided.

Constitutional Law—Admissibility Of Confession Obtained Prior To Arraignment, Buffalo Law Review

Buffalo Law Review

People v. Spano, 4 N.Y.2d 256, 173 N.Y.S.2d 793 (1958).

Constitutional Law—Statute Unconstitutional For Vagueness, Buffalo Law Review

Buffalo Law Review

People v. Firth, 3 N.Y.2d 472, 168 N.Y.S.2d 949 (1957).

Constitutional Law—Motion Picture Censorship, Buffalo Law Review

Buffalo Law Review

Kingsley Int'l Pictures Corp. v. Regents, 4 N.Y.2d 349, 175 N.Y.S.2d 39 (1958), appeal docketed 27 U.S.L. WEEK 3087 (U.S. Sept. 30, 1958) (No. 394).

Constitutional Law—Free Transcript Required For Appeal By Indigent Prisoner, Buffalo Law Review

Buffalo Law Review

People v. Pride, 3 N.Y.2d 545, 170 N.Y.S.2d 321 (1958).

Constitutional Law—Unconstitutionality Of City Ordinance Against Lounging Or Loitering On Public Streets, Buffalo Law Review

Buffalo Law Review

People v. Diaz, 4 N.Y.2d 469, 176 N.Y.S.2d 313 (1958).

Governmental Power And New York Indian Lands—A Reassessment Of A Persistent Problem Of Federal-State Relations, Gerald Gunther

Buffalo Law Review

No abstract provided.

Constitutional Law—Sale Of Land To Denominational School For Redevelopment Project By Municipality Not Unconstitutional, Buffalo Law Review

Buffalo Law Review

64th St. Residences v. City of New York, 4 N.Y.2d 268, 174 N.Y.S.2d 1 (1958).

Constitutional Law—Municipal Regulation Of Transport And Dumping Of Garbage, Buffalo Law Review

Buffalo Law Review

Wiggins v. Town of Somers, 4 N.Y.2d 215, 173 N.Y.S.2d 579 (1958).

Constitutional Law—Gross Receipts Tax Applied To Publishing Contract Upheld, Buffalo Law Review

Buffalo Law Review

Steinbeck v. Gerosa, 4 N.Y.2d 302, 175 N.Y.S.2d 1 (1958).

Book Review, Law Review Staff

Vanderbilt Law Review

The National Probation and Parole Association has been working for over 35 years to improve the administration of justice and in the publication of "Guides for Sentencing" it has provided one of its most important services to judges who are charged with the administration of criminal justice and to juvenile and domestic relations courts. The book is the first of a series of practical manuals for all of the above named courts and it is the result of the combined labors of 37 specially selected United States, state and juvenile judges for a period of about five years. Bolitha J. …

Motor Carrier Regulation--An Adventure In Federalism, Val Sanford

Vanderbilt Law Review

By virtue of the nature of our federal system every attempt to regulate extensive economic activity involves constantly recurring problems as to the proper allocation of governmental power between the state and national governments, and thus problems as to the proper balancing of local or state and national interests. The development of motor carrier regulation in the United States has been controlled by the general concepts of federalism and exemplifies the nature of the basic problems inherent in those concepts. The purpose of this article is to examine the regulation of motor carriers from the standpoint of the allocation of …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Conflict of Laws--Jurisdiction--Assumption of Personal Jurisdiction over Non-Resident Insurer on the basis of a Single Insurance Contract

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Constitutional Law--Taxation--Tax Immunity of Federal Government not Infringed by Local Taxes upon Possession of Government Property

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Evidence--Hearsay--Utterance of Employee under Emotional Stress Admissible to Establish Scope of Employment and Render Employer Vicariously Liable

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Insurance--Automobile--Duplicating Recoveries allowed under Liability and Medical Payment Clauses of Automobile Liability Insurance Policy

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Insurance--Business Indemnity--Radiation Decontamination Expenses not Recoverable under a Business Interruption Clause

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Insurance--Life--Variable Annuity Contracts not Subject to Regulation by Securities and Exchange Commission

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Physicians--Unprofessional Conduct--Willful Evasion of Federal …

The Constitutional Aspects Of Washington's Fiscal Crisis, Alfred E. Harsch, George A. Shipman

Washington Law Review

The aim of this paper is to sketch the scope and nature of the current problem, to explore the legal rigidities that dominate it, and to suggest the apparent steps prerequisite to realistic, durable and workable solutions.

United States V. Yale Todd (U.S. 1794), Wilfred J. Ritz

Washington and Lee Law Review

No abstract provided.