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Constitutional Law - Due Process - Automatic And Permanent Dismissal Of Public School Teachers For Invoking The Privilege Against Self-Incrimination, John B. Huck S.Ed. Nov 1955

Constitutional Law - Due Process - Automatic And Permanent Dismissal Of Public School Teachers For Invoking The Privilege Against Self-Incrimination, John B. Huck S.Ed.

Michigan Law Review

Petitioners, employed as public school teachers in New York City, were subpoenaed to appear before a Senate Internal Security Subcommittee. When questioned by the committee about communist activities, petitioners asserted the constitutional privilege against self-incrimination. Pursuant to the New York City Charter, they were summarily dismissed and permanently barred from re-employment by the city. No hearing was required nor given prior to the dismissal. There was no evidence of conduct otherwise warranting a dismissal. In an action for reinstatement, held, dismissal affirmed. Daniman v. Board of Education of City of New York, 306 N.Y. 532, 119 N.E. (2d) …


Constitutional Law - Due Process - Dismissal Of Appeal As Exercise Of Contempt Power, Morton A. Polster S.Ed. Nov 1955

Constitutional Law - Due Process - Dismissal Of Appeal As Exercise Of Contempt Power, Morton A. Polster S.Ed.

Michigan Law Review

A superior court of the state of Washington rendered a $475,000 judgment against the petitioner union for the circulation of a libelous letter. The union filed an appeal to the Washington Supreme Court but obtained no stay of proceedings in the lower court because it made no offer of the required supersedeas bond. In a supplemental proceeding it was learned that the union had no substantial assets in Washington but did have $298,000 of United States bonds in its possession in California. The Superior Court ordered the union to deliver these bonds to the court's receiver to protect the judgment …


Beaney: The Right To Counsel In American Courts, William M. Kunstler Apr 1955

Beaney: The Right To Counsel In American Courts, William M. Kunstler

Michigan Law Review

A Review of The Right to Counsel in American Courts. By William M. Beaney


Hospitalization Of The Voluntary Mental Patient, Hugh A. Ross Jan 1955

Hospitalization Of The Voluntary Mental Patient, Hugh A. Ross

Michigan Law Review

In 1949, the last year for which accurate statistics are available, 390,567 persons were admitted to mental hospitals in the United States. Total annual cost of mental illness, including loss of earnings, has been estimated to be over a billion dollars a year. Although the problems involved in admission of the mentally ill patient to a hospital are usually thought of in terms of formal involuntary commitment proceedings, there is an increasing awareness of the desirability of provision for voluntary procedures which would encourage prompt and effective medical care. Voluntary admission is not a form of commitment, although it may …


Constitutional Law - Due Process - Judicial Review Of Jury Determination On Coerced Character Of Confession, James M. Potter S.Ed. Jan 1955

Constitutional Law - Due Process - Judicial Review Of Jury Determination On Coerced Character Of Confession, James M. Potter S.Ed.

Michigan Law Review

Petitioner, suspected of the murder of his parents, was subjected to intensive police interrogation culminating in a confession to a state-employed psychiatrist. Petitioner had been allowed only a small amount of sleep and was suffering from a sinus condition when he was introduced to the psychiatrist, who was represented as a general practitioner. The questioning of the psychiatrist, who was skilled in hypnosis, was a subtle blend of threats and promises of leniency. Within the next three and one-half hours petitioner also confessed to a police captain, a business associate, and two assistant state prosecutors. The confession to the psychiatrist …


Michigan Title Examinations And The 1954 Revenue Code's New General Lien Provisions, L. Hart Wright Jan 1955

Michigan Title Examinations And The 1954 Revenue Code's New General Lien Provisions, L. Hart Wright

Michigan Law Review

Title examiners, and more particularly their clients, have long suffered from a controversy-limited almost exclusively to Michigan- involving the methods by which the United States Treasury Department could perfect general federal tax liens. The December 1952 issue of the Michigan Law Review carried an article by the present writer pointing up the irreconcilable difference which has existed for a quarter of a century between the type of record notice which the Treasury was willing to provide prospective bona fide purchasers et al., and the quite different and more demanding type which the Michigan Legislature insisted upon if the local offices …