Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (206)
- Universitas Indonesia (121)
- Touro University Jacob D. Fuchsberg Law Center (75)
- Washington and Lee University School of Law (53)
- University of Michigan Law School (46)
-
- William & Mary Law School (25)
- West Virginia University (22)
- Texas A&M University School of Law (20)
- Liberty University (18)
- Villanova University Charles Widger School of Law (18)
- UIC School of Law (16)
- University of Richmond (16)
- Northwestern Pritzker School of Law (15)
- Pepperdine University (15)
- University of Georgia School of Law (15)
- University at Buffalo School of Law (14)
- Fordham Law School (13)
- Yeshiva University, Cardozo School of Law (12)
- University of Maine School of Law (11)
- Duke Law (9)
- University of Florida Levin College of Law (9)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (9)
- Brooklyn Law School (8)
- Roger Williams University (8)
- University of Washington School of Law (8)
- Penn State Dickinson Law (7)
- The Catholic University of America, Columbus School of Law (7)
- Maurer School of Law: Indiana University (6)
- Notre Dame Law School (6)
- St. Mary's University (6)
- Keyword
-
- Constitution (50)
- Constitutional law (49)
- Constitutional Law (40)
- Supreme Court (39)
- Civil Procedure (37)
-
- Civil procedure (37)
- Due process (33)
- State (33)
- Federal (32)
- Jurisdiction (32)
- Standing (32)
- New York (27)
- Federal courts (22)
- Supreme court (22)
- Law (21)
- Civil rights (19)
- Federal Courts (19)
- Discrimination (18)
- Separation of powers (18)
- 1990) (17)
- Article III (17)
- Federal Rules of Civil Procedure (17)
- Court (15)
- Court of Appeals (15)
- Litigation (15)
- Federalism (14)
- Juries (14)
- Appellate Division (13)
- Courts (13)
- Legislation (13)
- Publication Year
- Publication
-
- Seattle University Law Review (196)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
- Touro Law Review (73)
- Faculty Scholarship (41)
- Michigan Law Review (41)
-
- Supreme Court Case Files (41)
- West Virginia Law Review (22)
- Faculty Publications and Presentations (18)
- William & Mary Law Review (16)
- UIC Law Review (15)
- Scholarly Works (14)
- University of Richmond Law Review (14)
- Villanova Law Review (1956 - ) (14)
- Pepperdine Law Review (13)
- Faculty Publications (11)
- Fordham Law Review (11)
- Maine Law Review (11)
- Northwestern University Law Review (11)
- Buffalo Law Review (10)
- American Indian Law Journal (9)
- Washington Law Review (8)
- Nevada Supreme Court Summaries (7)
- Florida Law Review (6)
- Publications (6)
- St. Mary's Law Journal (6)
- Washington and Lee Law Review (6)
- Articles (5)
- BYU Law Review (5)
- Journal Articles (5)
- Law Faculty Publications (5)
- Publication Type
Articles 931 - 960 of 964
Full-Text Articles in Civil Procedure
Constitutional Law-Due Process-Restrictions Upon Advertising, Joseph M. Kortenhof
Constitutional Law-Due Process-Restrictions Upon Advertising, Joseph M. Kortenhof
Michigan Law Review
In its efforts to combat gasoline price wars and the fraud that allegedly accompanied them, the City of Pontiac enacted an ordinance designed to restrict the scope of gasoline advertising. It provided that: "No sign or placard stating the price or prices of gasoline other than such signs or placards as hereinabove provided [signs not larger than 12 by 12 inches attached to pumps] shall be posted or maintained on the premises on which said gasoline is sold or offered for sale." Defendant retailed gasoline; by combining hauling and retailing into one operation, savings of about four cents a gallon …
Constitutional Law-Due Process Of Law-Admissibility Of Confessions Under The Fourteenth Amendment, Harold G. Christensen S.Ed.
Constitutional Law-Due Process Of Law-Admissibility Of Confessions Under The Fourteenth Amendment, Harold G. Christensen S.Ed.
Michigan Law Review
The Supreme Court announced in 1936 that under certain circumstances the admission of a confession into evidence by a state court could amount to a denial of due process as guaranteed by the Fourteenth Amendment. Since that time there has been an increasing number of appeals seeking reversal of a conviction upon that ground and an expansion by the Court of the types of factual situations which will render a confession inadmissible. That this expansion reached its apex with the case of Watts v. Indiana and companion cases decided in 1949 appears probable in the light of a recent denial …
Constitutional Law-Due Process-Bill Of Attainder-Loyalty Oaths For City Employee, James I. Huston
Constitutional Law-Due Process-Bill Of Attainder-Loyalty Oaths For City Employee, James I. Huston
Michigan Law Review
In 1948, pursuant to an amendment to its charter, Los Angeles passed an ordinance which provided that all city employees must (1) take an oath that they did not espouse, and had not espoused within five years prior to the effective date of the ordinance, the forceful overthrow of the government; that they were not, nor had they been within the same period, affiliated with a group espousing such aims, and that they would not join any such group while in city employ, and (2) execute an affidavit relating whether they had ever belonged to the Communist Party, and if …
Probate Proceedings-Administration Of Decedents' Estates- The Mullane Case And Due Process Of Law, Nolan W. Carson S.Ed.
Probate Proceedings-Administration Of Decedents' Estates- The Mullane Case And Due Process Of Law, Nolan W. Carson S.Ed.
Michigan Law Review
In a recent decision by the United States Supreme Court, a new chapter has been added to the law on the requisites of notice under the due process clause of the Constitution. This case held that publication of notice prior to a judicial settlement of accounts by the corporate trustee of a common trust fund does not afford due process of law to those beneficiaries with present interests whose addresses are known to the trustee. The court refused to classify the action as in rem or in personam but held that whatever its technical definition, the published notice was not …
Book Reviews, George H. Pickar, Edward L. Barrett Jr., Rudolph Heitz, Charles E. Corker, Warren M. Ballard, W. F. Zacharias, Stefan A. Riesenfeld, Julius Cohen, Charles A. Reynard, Robert Kingsley, Jacob D. Hyman, James Lake, Arthur W. Stokes, Francis A. Allen, Paul A. Freund, Richard W. Jennings, Joseph E. Goodbar, Kenneth Redden, James A. Rahl, Charles L. B. Lowndes
Book Reviews, George H. Pickar, Edward L. Barrett Jr., Rudolph Heitz, Charles E. Corker, Warren M. Ballard, W. F. Zacharias, Stefan A. Riesenfeld, Julius Cohen, Charles A. Reynard, Robert Kingsley, Jacob D. Hyman, James Lake, Arthur W. Stokes, Francis A. Allen, Paul A. Freund, Richard W. Jennings, Joseph E. Goodbar, Kenneth Redden, James A. Rahl, Charles L. B. Lowndes
Journal of Legal Education
No abstract provided.
Civil Procedure-Venue-Forum Non Conveniens-Application Of Doctrine By State Court In Case Arising Under Federal Employers' Liability Act, Nancy J. Ringland S.Ed.
Civil Procedure-Venue-Forum Non Conveniens-Application Of Doctrine By State Court In Case Arising Under Federal Employers' Liability Act, Nancy J. Ringland S.Ed.
Michigan Law Review
Two suits based on the Federal Employers' Liability Act were brought in the Circuit Court of the City of St. Louis, Missouri. In both cases, plaintiff was not a Missouri resident, the defendant carrier was a foreign corporation, and the cause of action arose outside the state of Missouri. A motion to dismiss on the ground of forum non conveniens was denied as beyond the jurisdiction of the court, and mandamus proceedings were begun in the Supreme Court of Missouri to compel the trial court to exercise its discretion in disposing of the motions. The writs were quashed by the …
Constitutional Law-Search And Seizure -Inspection Of Private Dwelling By Health Officer Without A Warrant, Robert P. Griffin S. Ed.
Constitutional Law-Search And Seizure -Inspection Of Private Dwelling By Health Officer Without A Warrant, Robert P. Griffin S. Ed.
Michigan Law Review
A health officer sought to enter and inspect respondent's private home without a search warrant after a neighbor complained that the premises were not "clean and wholesome" as required by a District of Columbia ordinance. Respondent denied the officer permission to enter and refused to unlock the door, maintaining that his entry would violate her constitutional rights. As a result, respondent was convicted in municipal court of violating an ordinance making it a misdemeanor to interfere with or prevent an authorized sanitation inspection. On appeal, reversal of the conviction by the Municipal Court of Appeals was affirmed by the Court …
States' Rights And Federal Procedure, Bernard C. Gavit
States' Rights And Federal Procedure, Bernard C. Gavit
Indiana Law Journal
No abstract provided.
Constitutional Law-Due Process-Punishment For Direct Contempt Of Court, William R. Worth
Constitutional Law-Due Process-Punishment For Direct Contempt Of Court, William R. Worth
Michigan Law Review
Opposing counsel's objection to material in petitioner's opening statement to the jury was sustained. When petitioner rephrased his statement, the trial court, feeling that he was still trying to get inadmissible material before the jury, threatened to "declare a mistrial if you mess with me two minutes and a half, and fine you besides.'' Petitioner took an exception to the conduct of the court, and was immediately fined $25. His protests led to successive increases in penalty, culminating in a $100 fine and three days in jail. The Supreme Court of Texas denied habeas corpus on the ground that the …
Constitutional Law-Due Process-Freedom Of Speech-Limitations On Use Of Sound Amplification Devices, Bernard Goldstone S. Ed.
Constitutional Law-Due Process-Freedom Of Speech-Limitations On Use Of Sound Amplification Devices, Bernard Goldstone S. Ed.
Michigan Law Review
Appellant used sound equipment mounted on his truck to comment on a labor dispute. He was convicted in a police court of violating a city ordinance which prohibited the use on any public street of sound amplifying devices emitting loud and raucous noises. The intermediate court of appeal of New Jersey, in affirming the conviction, construed the ordinance to be an absolute prohibition. The conviction was sustained on appeal to the highest court of New Jersey by an evenly divided court of twelve justices. On appeal to the United States Supreme Court, held, affirmed. Justice Reed, joined by Chief …
Venue-Forum Non Conveniens-Transfer Of Venue In Federal Employers' Liability Cases Under The New Judicial Code, Donald D. Davis
Venue-Forum Non Conveniens-Transfer Of Venue In Federal Employers' Liability Cases Under The New Judicial Code, Donald D. Davis
Michigan Law Review
Plaintiff, a resident of Texas, brought action in a United States district court in Minnesota to recover damages under the Federal Employers' Liability Act for injuries received in an accident in Texas. Defendant, in accordance with section 1404(a) of the United States Judicial Code, moved for a change of venue to Texas for the convenience of parties and witnesses and in the interest of justice. Plaintiff resisted the transfer solely on the ground that the section did not apply where venue was granted under the F.E.L.A. Held, by a two judge district court, motion granted. Hayes v. Chicago, R.I. …
Federal Courts-Rule 20 Of Federal Rules Of Criminal Procedure-Constitutionality, William B. Harvey
Federal Courts-Rule 20 Of Federal Rules Of Criminal Procedure-Constitutionality, William B. Harvey
Michigan Law Review
One of the few real innovations in the Federal Rules of Civil Procedure is incorporated in Rule 20 which provides that a defendant who is arrested in a district other than that in which the indictment has been returned may declare in writing his desire to plead guilty and waive trial in the district of the crime. In this event, with the approval of the United States Attornies for both districts, the clerk of the court to which the indictment was returned is authorized to forward the papers to the clerk of the court for the district in which the …
Constitutional Law-Procedural Due Process Denied By Michigan's "One-Man Grand Jury'', Robert J. Nordstrom
Constitutional Law-Procedural Due Process Denied By Michigan's "One-Man Grand Jury'', Robert J. Nordstrom
Michigan Law Review
Petitioner was summoned to appear as a witness before one of Oakland County's judges who was then acting in the capacity of "one-man grand juror." This proceeding was attended only by petitioner, the judge grand juror, and two other circuit judges acting as advisers to the latter. The purpose was to investigate alleged misconduct on the part of law-enforcing officials through the acceptance of bribes in the form of sales of worthless "bonds" on pin-ball machines. Petitioner admitted purchasing these "bonds" but could. not recall just what he had done with them when they had expired. Concluding that the petitioner's …
Contempt By Publication In West Virginia, G. W. E.
Contempt By Publication In West Virginia, G. W. E.
West Virginia Law Review
No abstract provided.
Constitutional Law - Due Process Of Law - Freedom Of Expression In Commercial Handbills, Edward W. Adams
Constitutional Law - Due Process Of Law - Freedom Of Expression In Commercial Handbills, Edward W. Adams
Michigan Law Review
Petitioner desired to display for profit a privately owned submarine. Upon application, he was denied permission to tie up at the New York City docks, and so he obtained permission to use state-owned docks. He petitioned the police commissioner for permission to distribute handbills advertising his display, but because of a New York City ordinance providing that any handbill which was commercial in nature could not be circulated, this was refused. Petitioner then prepared a handbill with commercial matter referring to the display on one side, and on the other side a protest against the city's refusal to allow petitioner …
Right Of Trial By Jury In Civil Actions, Ashton File
Right Of Trial By Jury In Civil Actions, Ashton File
West Virginia Law Review
No abstract provided.
Constitutional Law - Power Of State Legislature To Provide For Jury Trial In Proceedings For Contempt Of Court
Michigan Law Review
The defendants, an independent union, and members thereof, were cited for contempt before a court of common pleas for the violation of an in junction restraining them from interfering with the operation of the plaintiff's mines. The alleged contumacious acts took place some ten miles from the court house and consisted of gathering about automobiles containing employees of the plaintiff company, throwing stones at them, breaking windows of the cars, and injuring some of the occupants. The contempt proceedings arose on petition of the company and were before the same judge who granted the injunction. The defendants claimed that under …
Practice And Procedure-Seventh Amendment-Power Of Federal Court To Increase Inadequate Verdict
Practice And Procedure-Seventh Amendment-Power Of Federal Court To Increase Inadequate Verdict
Michigan Law Review
A jury in a federal court awarded the plaintiff $500 in a personal injury action; he moved for a new trial on the ground of inadequate damages. Having obtained consent of defendant to entry of judgment for $1500, the trial judge denied the motion. Plaintiff appealed. Held, this procedure was a violation of the Seventh Amendment of the Constitution; a new trial must be granted. Dimick v. Schiedt, (U. S. 1935) 55 Sup. Ct. 296.
Practice And Procedure - Seventh Amendment- Power Of Federal Court To Increase Inadequate Verdict
Practice And Procedure - Seventh Amendment- Power Of Federal Court To Increase Inadequate Verdict
Michigan Law Review
A jury in a federal court awarded the plaintiff $500 for injuries received in an automobile accident. The plaintiff thereupon moved for a new trial on the · ground of inadequate damages. The trial judge, having obtained the consent of the defendant to entry of judgment for $1,500, denied the motion. Plaintiff appealed. Held, (Morton, C. J., dissenting) such procedure operates as a violation of the Seventh Amendment, and the only course open to a federal court in a case where damages are inadequate is to grant a new trial. Schiedt v. Dimick, (C. C. A. ·1st, 1934) …
When An Answer Must Be Filed After A Demurrer To A Bill In Equity Is Overruled, Leo Carlin
When An Answer Must Be Filed After A Demurrer To A Bill In Equity Is Overruled, Leo Carlin
West Virginia Law Review
No abstract provided.
Constitutional Law-Compelling Witness Duty From Absent Nationals
Constitutional Law-Compelling Witness Duty From Absent Nationals
Michigan Law Review
In proceedings taken under the so-called Walsh Act the petitioner, Blackmer, a United States citizen residing in France, was found guilty of contempt for failure to respond to subpoenas issued out of a federal court and served on him in France by a United States consul requiring him to appear as a witness in that court. See 30 MICH. L. REV. 137 (1931) for a more detailed statement of the facts. By a unanimous decision (Mr. Justice Roberts not participating) the United States Supreme Court recently held that the contempt decree be affirmed, thus sustaining the constitutionality of the Walsh …
Courts-Power To Direct Verdicts Where Forbidden By State Constitution
Courts-Power To Direct Verdicts Where Forbidden By State Constitution
Michigan Law Review
ln a suit for personal injuries the district court of the United States for the district of Arizona directed a verdict for the defendant on the ground that the plaintiff was guilty of contributory negligence. The constitution of Arizona, sec. 5, art. 18 provides: "The defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury." Held, that this section is not binding on a federal court sitting in Arizona, and does not prevent such court from directing a verdict when …
The Declaratory Judgment In The United States, Edwin M. Borchard
The Declaratory Judgment In The United States, Edwin M. Borchard
West Virginia Law Review
No abstract provided.
Constitutional Law-Due Process-Procedure
Constitutional Law-Due Process-Procedure
Michigan Law Review
New York Code of Criminal Procedure, sections 921-925, provides, in substance, that the Commissioner of Public Welfare may apply to two magistrates and, upon a showing that a husband or father owning property in the jurisdiction has absconded leaving a wife or children likely to become charges on the public, may secure a warrant for the seizure of such property and that, after confirmation of the warrant by the county court, such property may be applied to the support of the spouse or children. No sort of notice to the absentee is required. Held, affirming the decision of the …
The Right To A Jury Trial In West Virginia, L. C.
The Right To A Jury Trial In West Virginia, L. C.
West Virginia Law Review
No abstract provided.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Constitutional Law-Jury Trial For Contempt-Constitutionality Of Clayton Act
Constitutional Law-Jury Trial For Contempt-Constitutionality Of Clayton Act
Michigan Law Review
The defendants, striking employees of a railway company, were proceeded against in a federal district court for contempt in violating a preliminary injunction, and demanded a jury trial under the Clayton Act (c. 323, 38 STAT. 738, sec. 21, 22), which provides that in cases of wilful disobedience of "any lawful writ, process, order, rule, decree, or command of any District court of the United States or any court of the District of Columbia by doing any act or thing" forbidden, if such act or thing also constitutes a criminal offense under any statute of the United States or law …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Admiralty - Workmen's Compensation - Is a Hydroplane a Vessel? - Claimant was employed in the care and management of a hydroplane which was moored in navigable waters. The hydroplane began to drag anchor and drift toward the beach, where it was in danger of being wrecked. Claimant waded into the water and was struck by the propeller. Held, claimant is not entitled to compensation under the Workmen's Compensation Law, since a hydroplane while on navigable waters is a vessel, and therefore the jurisdiction of the admiralty excludes that of the State Industrial Commission. Reinhardt v. Newport Flying Service Corp. …
The Constitutionality Of The Declaratory Judgment, William Gorham Rice Jr.
The Constitutionality Of The Declaratory Judgment, William Gorham Rice Jr.
West Virginia Law Review
No abstract provided.
Due Process Of Law In Procedure, Edson R. Sunderland
Due Process Of Law In Procedure, Edson R. Sunderland
Articles
There are two classes of cases which may arise under the "due process" provisions of the 5th and 14th Amendments of the United States Constitution, so far as rules of procedure are concerned. One embraces cases of new remedial processes which may be criticized as too radical. The other consists of cases of old processes which may be criticized as obsolete and out of harmony with prevailing conceptions of justice. Due process may thus be said to fill the wide space between those innovations which carry us so far away from established methods as to remove the safeguards which are …