Law Commons^™

Motion Picture Licensing Acts: An Analysis Of The Constitutionality Of Their Provisions, Mary Elizabeth Kilgannon

Fordham Law Review

No abstract provided.

Aesthetic Regulation Under The Police Power: The New General Welfare And The Presumption Of Constitutionality, Beverly A. Rowlett

Vanderbilt Law Review

This Article will examine the existing methods of analysis employed by courts in reviewing primarily aesthetic regulations, as well as the way in which those methods have been affected by the courts' continually evolving interpretation of the concept of general welfare. The Article argues that in many cases in which regulations based solely or primarily on aesthetic considerations have been upheld, the essential constitutional inquiries have been misdirected. This is because "nonaesthetic" justifications are asserted that either are wholly derived from aesthetic benefits, or have no basis in fact--and need none because of the presumption of constitutionality. Because the more …

Constitutional Umitations On The Admiralty Jurisdiction Of The Federal Court, Robert W. Kerr

Dalhousie Law Journal

The constitutionality of the admiralty jurisdiction of the Federal Court of Canada has been in dispute in six recent Federal Court cases' on the basis of Supreme Court of Canada rulings that actual federal law, and not merely federal legislative authority, is necessary to constitutionally support the creation of a federal court under s. 101 of the British North America Act. 3 Although it does not yet appear to have been argued before the courts in a reported case, an even more serious potential challenge to this admiralty jurisdiction lies in another Supreme Court decision4 implying that federal power to …

Censorship And The Supreme Court: Re Nova Scotia Board Of Censors Et Al. V. Mcneil, William A. Mcmaster

Dalhousie Law Journal

On January 8, 1974, the Nova Scotia Amusements Regulation Board banned the showing of the film Last Tango in Paris. Gerard McNeil, the editor of a Dartmouth newspaper, decided to challenge the powers of the Board to make such prohibitions. He first appealed to the Lieutenant-Governor in Council, as required by section 3(4) of the Theatres and Amusements Act' but he was not recognized by that body as having the right to appeal. He then requested the Attorney-General to refer the constitutionality of the Act to the Appeal Division of the Supreme Court of Nova Scotia, but to no avail. …

Competency Testing Programs: Legal And Educational Issues , Merle Steven Mcclung

Fordham Law Review

No abstract provided.

The Retroactive Application Of The Antidumping Act Of 1921, Thomas E. Johnson

Northwestern Journal of International Law & Business

In 1921, the United States Congress enacted the Antidumping Act which provides for the imposition of dumping duties on imports sold to United States merchants at prices below their fair value. The Act permits the assessment of dumping duties retroactively on merchandise imported up to one hundred and twenty days before a complaint of dumping has been filed with the Commissioner of Customs. Mr. Johnson examines the retroactive provisions of the Act and its regulations, the case law surrounding those provisions, and the constitutionality of the provisions. Against this background, he concludes that the retroactive application of the Act, particularly …

Florida's No-Fault Divorce: Is It Really No-Fault?, Mary F. Clark

Florida State University Law Review

No abstract provided.

Martin V. Security Services, Inc., 314 So.2d 765 (Fla. 1975), Nancy Ann Daniels

Florida State University Law Review

Torts- WRONGFUL DEATH- FLORIDA'S WRONGFUL DEATH ACT IS CONSTITUTIONAL AND PERMITS PUNITIVE DAMAGES.

The Constitutionality Of The 1972 Amendment To Title Vii's Exemption For Religious Organizations, Michigan Law Review

Michigan Law Review

This note will examine the constitutionality of the title VII exemption for religious associations, focusing on the extent to which the exemption is required by the free exercise clause and the extent to which it must be limited to avoid conflict with the establishment clause. The religion clauses will be considered solely in the context of the private business sector; this note will not consider the possibility that the establishment clause would require a narrower exemption for a quasi-public institution, such as a broadcast licensee or a religious association receiving public funds.

Constitutionality Of Cost And Fee Barriers For Indigent Litigants: Searching For The Remains Of Boddie After A Kras-Landing, Steve Barber

Indiana Law Journal

No abstract provided.

The Constitutionality Of Indiana's Civil Change Of Venue Law: Change For The Sake Of Change, James R. Pielemeier

Indiana Law Journal

No abstract provided.

Educational Financing, Equal Protection Of The Laws, And The Supreme Court, Michigan Law Review

Michigan Law Review

Recently, state systems of financing public education have been overturned or seriously threatened by several state and federal court cases based on the equal protection clause of the fourteenth amendment. Rodriguez v. San Antonio Independent School District, which invalidated the Texas system of educational financing, will be argued before the Supreme Court next term. This Comment will examine the doctrinal and policy problems that the Court will confront and the alternative solutions that are available to the Court when it considers the constitutionality of the Texas system, which is typical of the educational financing programs that have generated so …

Cappellitti: Judicial Review In The Contemporary World, Paul G. Kauper

Michigan Law Review

A Review of Judicial Review in the Contemporary World by Mauro Cappellitti

The Constitutionality Of Direct Federal Military Conscription, Harrop A. Freeman

Indiana Law Journal

No abstract provided.

Constitutionality Of The Illinois Draft Card Burning Act, Robert J. Dyer Iii

University of Michigan Journal of Law Reform

Pre-emption, a doctrine based on Article VI of the United States Constitution (the “Supremacy Clause”), considers “…the validity of state laws in the light of… Federal laws touching on the same subject.” Where state and federal laws embrace the same subject matter the question is whether Congress intended to preclude state legislative participation in the area or to allow concurrent power. If Congress did intend to preclude state legislation on the subject, the state law must be struck down as a violation of Article VI. Where there is no directly expressed Congressional intent the Court must discover that intent, and …

Constitutionality Of Miscegenation Statutes - Mclaughlin V. Florida, Lee M. Miller

Maryland Law Review

No abstract provided.

Constitutionality Of State Fair Trade Acts, Richard K. Bates

Indiana Law Journal

No abstract provided.

The Postal Fraud Statutes: Their Use And Abuse, Frederick M. Hart

Faculty Scholarship

Mr. Hart Warns That Authority for Issuance of a Fraud Order Should Be Made to Stand Rigid Tests as to Constitutionality.

Constitutionality Of Submitting To Jury Voluntariness Of Confession When There Is Other Evidence Sufficient To Convict - Stein V. People Of The State Of New York

Maryland Law Review

No abstract provided.

Right Of Accused To Be Confronted With His Accusers Not Guaranteed By The Fourteenth Amendment - Stein V. People Of The State Of New York

Maryland Law Review

No abstract provided.

Domestic Relations - Statutory Abolition Of Certain Causes Of Action, George A. Rinker S.Ed.

Michigan Law Review

ln response to widespread and vigorous criticism of the abuses practiced through the use of the action at law for breach of promise to marry, and to a lesser extent, the actions for alienation of affections, criminal conversation, and seduction, several states enacted legislation designed to eliminate the evils complained of by abolishing some or all of those causes of action. The purpose of the present discussion is to analyze and compare the various statutes, and to indicate how they have fared in the courts; in short, to survey the whole reform program as it stands twelve years after the …

Constitutional Law--Statutory Interpretation Under Labor-Management Relations Act--Prohibition Of Union Political Expenditures, Roland E. Ginsburg

Michigan Law Review

The C.I.O., with the consent of its president, Philip Murray, made expenditures from the funds of the organization for the publication of an editorial in the "C.I.O. News," a regularly issued periodical, urging the members of the C.I.O. to vote for a particular candidate in a special Congressional election in Maryland. Additional funds were expended for the publication and transportation of one thousand extra copies. Both the C.I.O. and Mr. Murray were charged with violation of section 304 of the Labor-Management Relations Act in the district court. Defendants moved to dismiss the indictment, alleging that the statute abridged rights guaranteed …

The Tennessee Retailers' Sales Tax Act, Stanely D. Rose

Vanderbilt Law Review

The primary consideration in the adoption of a tax by a state is the constitutional framework into which it is to be fitted. Probable litigation is a factor of importance in the choice of a tax. If there are no complicating factors, a simple tax on sales seems to be one of the forms of excise tax most easily sustainable under the Tennessee Constitution. Indeed, Tennessee at an early date had a sales tax which apparently met with court approval.

The most inclusive authority upon which to base an excise tax in Tennessee is the clause which states that "the …

Vested Rights And The Portal-To-Portal Act, Ray A. Brown

Michigan Law Review

The Portal-to-Portal Act of 1947 attempts, by new and retroactive definitions of what constitutes working time of an employee under the Fair Labor Standards Act of 1938, to deprive employees of claims under that earlier act, to which the Supreme Court of the United States has held they were entitled. This article will discuss whether this can be done under the due process clause of the Fifth Amendment.

Constitutionality Of Parking Meter Ordinance

Indiana Law Journal

Notes and Comments: Municipal Corporations

Constitutionality Of Statute Imposing Burdensome Tax On Particular Kinds Of Business - Classification For Purposes Of Taxation - Brown V. State

Maryland Law Review

No abstract provided.

Municipal Corporations-Constitutionality Of Parking Meters

Indiana Law Journal

No abstract provided.

History And Constitutionality Of The Maryland Income Tax Law, Huntington Cairns

Maryland Law Review

No abstract provided.

Habitual Criminal Act-Constitutionality-Evidence

Indiana Law Journal

No abstract provided.

Sales Act-Applicability To Sales Of Less Than Five Hundred Dollars-Constitutionality

Indiana Law Journal

No abstract provided.