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Articles 1 - 11 of 11
Full-Text Articles in Law
Church And State: Cooperative Separatism, Paul G. Kauper
Church And State: Cooperative Separatism, Paul G. Kauper
Michigan Law Review
Nothing is better calculated to stimulate argument, arouse controversy, excite the emotions and even produce intense visceral reactions than a discussion of church-state relations. Always a subject of lively interest, it has received added attention and emphasis in recent months. Perhaps at no time in at least the modem era of American history have the questions of the proper relationship between religion and government been more thoroughly publicized and explored, and the issues more widely debated, than during the period beginning with the presidential campaign of 1960.
Constitutional Law-Eminent Domain-Master Flight Plan As A Taking Of Land Under Approach Area To Municipal Airport, Ralph L. Wright S. Ed
Constitutional Law-Eminent Domain-Master Flight Plan As A Taking Of Land Under Approach Area To Municipal Airport, Ralph L. Wright S. Ed
Michigan Law Review
Plaintiff owned land adjacent to the Greater Pittsburgh Airport which lay under an approach area for one of the runways. Allegheny County, in compliance with rules and regulations of the Civil Aeronautics Authority, drafted a "Master Plan," approved by the CAA, which showed the approach area over part of plaintiff's property. Plaintiff sued to recover damages from the county, owner and operator of the airport, alleging an appropriation of his land because of the substantial interference with its use and enjoyment caused by flights at low altitudes above his land during landings and take-offs. Upon an award of damages by …
Constitutional Law- Freedom Of Religion- Tuition Payments To Parochial Schools Violate Fourteenth Amendment, William S. Bach
Constitutional Law- Freedom Of Religion- Tuition Payments To Parochial Schools Violate Fourteenth Amendment, William S. Bach
Michigan Law Review
Because defendant school district did not maintain a high school within the school district, tuition payments were made, as provided by statute, to the high schools attended by pupils residing within the district. The parents of each student selected the high school to be attended. As a result of this program, some tuition payments were made to high schools operated by the Roman Catholic Church. Plaintiff taxpayer sought in a declaratory judgment a determination of the validity of tuition payments made to Catholic high schools under the United States Constitution and the Constitution of Vermont. The court of chancery held …
Constitutional Law - Equal Protection - Racial Discrimination And The Role Of The State, William C. Griffith S.Ed.
Constitutional Law - Equal Protection - Racial Discrimination And The Role Of The State, William C. Griffith S.Ed.
Michigan Law Review
Constitutional history from the 1857 Dred Scott decision to the 1954 Brown decision records "a movement from status to contract" for the American Negro. Although uncertainty clouds the definition of "state action," the civil rights of the Negro under the equal protection clause of the fourteenth amendment have been clearly established. The Negro citizen has arrived; the Negro minority group remains one of the gravest social problems of twentieth century America. De facto school segregation, limited economic opportunity, and inadequate housing are problems not solved by invocation of the fourteenth amendment or incantation of the Declaration of Independence. Solution, …
Habeas Corpus - Procedural Prerequisites - Motion Denied For Failure To Appeal Convicion Despite Failure Being Excusable, Harvey O. Mierke Jr.
Habeas Corpus - Procedural Prerequisites - Motion Denied For Failure To Appeal Convicion Despite Failure Being Excusable, Harvey O. Mierke Jr.
Michigan Law Review
Plaintiff was convicted of robbery in a federal district court and, although represented by counsel, failed to appeal within the statutory ten-day period. Three months later he filed a motion in the same court under section 2255 of the judicial code to vacate the sentence on the ground that the conviction, because it was based on a coerced confession, was unconstitutionally obtained without due process of law. The motion was denied and the denial affirmed, in the absence of any attempt to excuse the failure to appeal. On reargument, plaintiff attempted to excuse his failure to appeal by alleging that …
State Action, William W. Van Alstyne, Kenneth L. Karst
State Action, William W. Van Alstyne, Kenneth L. Karst
Faculty Publications
In this extensive discussion of the Civil War amendments, this article proposes to identify the functions of the state action limitation. Specific accommodation of those functions is discussed in a variety of contexts: freedom from brutality, voting, education, employment, housing, etc.
Freedom Of Association, William J. Hotes, Catherine H. Hotes
Freedom Of Association, William J. Hotes, Catherine H. Hotes
Cleveland State Law Review
To determine whether a limitation upon freedom of association by a state is constitutionally justified, the Court must balance the interests of those individuals whose rights have been restricted against the interests of the state involved. Constitutional freedoms guaranteed by the First Amendment may be restricted only when the state has a compelling interest. A state may take action in the interest of public safety, health, or welfare to prevent abuse of the exercise of these freedoms, but it may not curtail the rights themselves. Only the public interest or a clear and present danger would justify restriction of First …
Constitutional Law - Due Process - Collection Of State Use Tax From Nonresident Vendor, Jerome M. Salle
Constitutional Law - Due Process - Collection Of State Use Tax From Nonresident Vendor, Jerome M. Salle
Michigan Law Review
Plaintiff, a Georgia corporation not qualified to do business in Florida, solicited orders for merchandise from Florida residents through independent brokers who forwarded the orders to plaintiff's Georgia office for acceptance. Plaintiff did not maintain any place of business in Florida nor have any regular employee or agent there. In a suit to enjoin the enforcement of a distress warrant issued upon plaintiff's failure to collect the Florida use tax, the chancellor denied relief and the Florida Supreme Court affirmed. On appeal to the United States Supreme Court, held, affirmed, one Justice dissenting. Enforcement of the statute requiring collection …
Constitutional Law- State Action And The Equal Protection Clause - Status Of Lessee Of Public Property, Stephen Bard
Constitutional Law- State Action And The Equal Protection Clause - Status Of Lessee Of Public Property, Stephen Bard
Michigan Law Review
Defendant Wilmington Parking Authority was a tax-exempt state agency organized under the Delaware Parking Authority Act to build and operate a public off-street parking facility. Financing of the project was accomplished primarily by the issuance of self-liquidating bonds, but fifteen percent of the necessary capital was advanced by the City of Wilmington from its public funds. The state agency had statutory authority to lease space in the facility for private commercial uses, but only to the extent that the rentals thereby obtained were needed to meet the state requirement that the facility be self-supporting. In accordance with this authority space …
Constitutional Law - Search And Seizure - Duty Of Home Owner To Permit Housing Inspection Without A Warrant, Joseph J. Schneider
Constitutional Law - Search And Seizure - Duty Of Home Owner To Permit Housing Inspection Without A Warrant, Joseph J. Schneider
Michigan Law Review
A Dayton, Ohio, city ordinance authorized housing inspectors to inspect any dwelling, without requiring a search warrant, for the purpose of safeguarding the public health and safety. Acting in compliance with the requirements of this ordinance, city housing inspectors requested admittance to appellant's home in order to conduct a health inspection. Appellant refused to permit the inspectors to enter and inspect his home without a search warrant, and was therefore arrested and confined for violating the ordinance. Discharge of appellant in habeas corpus proceedings was reversed by the Ohio Court of Appeals. On appeal to the United States Supreme Court, …
Color Blindess But Not Myopia: A New Look At State Action, Equal Protection, And "Private" Racial Discrimination, Theodore J. St. Antoine
Color Blindess But Not Myopia: A New Look At State Action, Equal Protection, And "Private" Racial Discrimination, Theodore J. St. Antoine
Michigan Law Review
Mr. Justice Frankfurter has remarked: "In law also the right answer usually depends on putting the right question." For nearly one hundred years now the courts have been putting certain key questions whenever confronted by the claim that a person was being deprived of the equal protection of the laws guaranteed by the fourteenth amendment of the federal constitution. From the time the "separate-but-equal" doctrine was enunciated in Plessy v. Ferguson until it was repudiated in the School Segregation Cases two principal questions were likely to be asked about any classification based on racial grounds: (I) Did the classification result, …