Constitutional Law Commons^™

Meiklejohn: Political Freedom, Paul G. Kauper

Michigan Law Review

A Review of Political Freedom. By Alexander Meiklejohn

Constitutional Law - Congressional Investigation Of Political Activity-Watkins V. United States Re-Examined, Avrum M. Gross S.Ed.

Michigan Law Review

It is the function of this comment to examine the traditional scope and limitations of congressional investigations, with particular emphasis on these two cases.

Constitutional Law- Civil Rights - Union Use Of Dues For Political Action, Paul Hanke

Michigan Law Review

Defendant unions under the authority of section 2, Eleventh of the Railway Labor Act obtained union shop agreements from defendant railroads. Non-union employees sought to enjoin enforcement of the agreements because the unions used periodic dues, fees, and assessments to support political doctrines and candidates opposed by plaintiffs. The trial court dismissed for failure to state a cause of action, but the Supreme Court of Georgia overruled the dismissal and remanded. The lower court then ruled that petitioners were denied constitutional liberties and issued the injunction. On appeal, held, affirmed. Enforcement of union shop contracts requiring employees to pay …

The Supreme Court - October 1958 Term, Bernard Schwartz

Michigan Law Review

The Supreme Court, reads a famous passage by Bryce, "feels the touch of public opinion. Opinion is stronger in America than anywhere else in the world, and judges are only men. To yield a little may be prudent, for the tree that cannot bend to the blast may be broken."

The history of the highest Court bears constant witness to the truth of Bryce's statement. Supreme Court action which has moved too far in one direction has always ultimately provoked an equivalent reaction in the opposite direction. Even an institution as august as the high tribunal cannot escape the law …

Constitutional Law--Freedom Of The Press--Testimony Privilege Of Journalist, L. B. S.

West Virginia Law Review

No abstract provided.

Labor Law - Labor Management Relations Act - Linking "Employer Free Speech" To No-Solicitation Rule, Barbara Burger

Michigan Law Review

During an organizational campaign the employer prohibited any dissemination of literature on company property and soliciting or campaigning on company time by employees while itself distributing within the plant non-threatening, anti-union literature. General Counsel for the NLRB contended that by this conduct the employer "interfered with, restrained or coerced" employees in their exercise of the right to self-organization. This contention was rejected by the NLRB, but on appeal was accepted by the Court of Appeals for the District of Columbia. On certiorari to the United States Supreme Court, held, reversed, two justices dissenting. Even if an employer could commit …

Constitutional Law - Freedom Of Press - Validity Of Motion Picture Licensing Statute, Dean L. Berry S.Ed.

Michigan Law Review

The distributor of the motion picture "Lady Chatterley's Lover" applied to the Motion Picture Division of the New York State Education Department for a license, required by New York law, for public presentation of the film. The application was denied on the ground the film was "immoral" within the meaning of the licensing statute. On review, the Board of Regents approved this determination, but on appeal the state supreme court reversed the Board. A divided court of appeals reversed the supreme court, holding that the contents of the film met the statutory definition of "immoral." On appeal to the Supreme …

Constitutional Law--Freedom Of Speech--Ordinance Requiring Registration Of Union Organizers Held Violative, J. L. R.

West Virginia Law Review

No abstract provided.

The Supreme Court And Obscenity, Philip M. Carden

Vanderbilt Law Review

The Supreme Court of the United States has now made binding law of its oft-repeated dictum that obscenity is beyond the pale of constitutionally protected free expression. After being spared-or avoiding-the necessity of ruling squarely on the constitutional status of obscene matter for 169 years, the Court addressed itself to virtually every aspect of the whole slippery problem in a single year. The Court disposed of seven obscene publication cases' in the twelvemonths through January, 1958. These included three reversals this term in memorandum decisions merely citing the major opinion of the series, which was handed down in the combined …

"Congress Shall Make No Law…":Ii, O. John Rogge

Michigan Law Review

The framers of the federal bill of rights by the First and Tenth Amendments sought to deny Congress power over utterances unless they were connected with criminal conduct other than advocacy. Any power over such utterances was to reside in the states. However, the Supreme Court departed from the framers' intent.

One of the factors in this development was the emergence of an undefined federal police power. This occurred largely under the commerce and postal clauses. It began over a century ago. As early as 1838 Congress passed a law requiring the installation of safety devices upon steam vessels. Beginning …

"Congress Shall Make No Law..."*, O. John Rogge

Michigan Law Review

It is the position of the writer that, at least so far as Congress is concerned, speech is as free as thought, and that unless and until speech becomes a part of a course of conduct which Congress can restrain or regulate no federal legislative power over it exists. State power, despite the Fourteenth Amendment, may be somewhat more extensive. Certainly the framers of the First Amendment intended that it should be. This article will deal with federal power over speech.

Constitutional Law--Smith Act--Requirement Of Words Of Incitement, J. Mcd.

West Virginia Law Review

No abstract provided.

Constitutional Law - Due Process - Limits On Investigative Power Of State Legislative Committees, George E. Lohr

Michigan Law Review

Defendant appeared before the New Hampshire attorney general, who was authorized by statute to investigate violations of the state subversive activities law and to determine if subversive persons, as defined therein, were present within the state. Defendant refused to answer certain questions about the contents of a university class lecture delivered by him and about his knowledge of other persons' activities in the Progressive Party, contending that such questions infringed an area protected by the First Amendment. The state superior court conceded the infringement of defendant's rights, but found this to be justified by state interest in self-protection, and convicted …

St. John-Stevas: Obscenity And The Law, William B. Lockhart

Michigan Law Review

A Review of Obscenity and the Law . By Norman St. John-Stevas

Constitutional Law - Due Process -Watkins V. United States As A Limitation On Power Of Congressional Investigating Committees, Allan F. Bioff S. Ed.

Michigan Law Review

It is the purpose of this comment to examine the nature and extent of the restraints imposed by the Watkins case as well as the potential problems raised by the decision.

Constitutional Law--Obscenity, J. E. J.

West Virginia Law Review

No abstract provided.

Scope Of Employment Test In Relation To Slander Action, David C. Rittenhouse

William & Mary Law Review

No abstract provided.

The Progress Of The Law: U. S. Soldier Must Stand Trial In Japan / New Trials Ordered For California Communist Leaders / Limitation Of The Power Of Congressional Committees / Virginia Loses School Plea / Court Congestion At 57 Year Low / A Tooth For A Tooth / Support Based On Father's Means / Astrologer's Market Tips Legal / Jet Noise No Ground For Suit / Prison Offer Obtains New Hearing / Necrological

NYLS Law Review

No abstract provided.

Labor Law - Nlra - "Roving Situs" Picketing As Violation Of Section 8(B)(4)(A), William K. Muir Jr.

Michigan Law Review

Respondent union sought to organize the crane and dragline operators of a manufacturer of ready-mixed cement and posted pickets about the local manufacturing plant. During the working day each of the employer's delivery trucks crossed the picket line at least twice. In addition, the union established a roving picket line which circulated about the manufacturer's trucks while they were making deliveries to customers at local construction sites. The roving picketing lasted only so long as the workers of the primary employer remained on the customer's premises. The pickets at all times stayed within six hundred feet of the trucks. The …

Constitutional Law - Separation Of Church And State - Bible Reading In The Public Schools, Frederic F. Brace Jr.

Michigan Law Review

The plaintiff, as a citizen, taxpayer, and parent of school children, sought an injunction to restrain the defendant school board from allowing school teachers to read the Bible aloud to students as required by a Tennessee statute. The plaintiff contended that this practice was offensive to him and in violation of the Tennessee and United States Constitutions. The trial court sustained defendant's demurrer. On appeal, held, affirmed. The statute violates neither constitution because it is not an interference with students' or parents' religious beliefs. Carden v. Bland, (Tenn. 1956) 288 S. W. (2d) 718.

Compelling The Testimony Of Political Deviants, O. John Rogge

Michigan Law Review

Besides the two specific problems which the new federal act presents, namely, whether it imposes nonjudicial functions on federal courts, and whether it should, does and can protect against the substantial danger of state prosecution, there is a general objection that one can raise against it, and to other acts of the same type: they relate to the area of belief and opinion, the very area which was involved when the English people, spearheaded by the Puritans, engaged in the struggle with the Crown that finally resulted in the establishment of a right of silence. At least if we are …

The Present Status Of The "Clear And Present Danger Test"--A Brief History And Some Observations, Louis B. Lusk

Kentucky Law Journal

No abstract provided.

Constitutional Law - Freedom Of Religion - Fluoridation Of City Water, John M. Webb S.Ed.

Michigan Law Review

In its proprietary capacity the City of Bend maintains and operates a water system with the exclusive right to supply water to its inhabitants. In February 1952 the mayor and city commissioners adopted an ordinance providing for the introduction of fluorine into the water supply to reduce dental caries in the teeth of young children. The plaintiff as a resident and taxpayer brought suit to enjoin such action. A demurrer to his complaint was sustained. On appeal, held, affirmed. A city, in the exercise of its police power, may enact reasonable regulations for the protection of the public health, …

Book Reviews, Robert J. Harris, Charles B. Nutting (Reviewer), Daniel Walker (Reviewer)

Vanderbilt Law Review

Book Reviews

American Constitutional Law By Bernard Schwartz Cambridge:Cambridge University Press, 1955. Pp. xiv, 364. $5.00

reviewer: Robert J. Harris

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The Development of Academic Freedom in the United States By Richard Hofstadter and Walter P. Metzger New York: Columbia University Press, 1955. Pp. xvi, 527. $5.50

Academic Freedom in Our Time By Robert M. MacIver New York:Columbia University Press, 1955. Pp. xiv, 329. $4.00

reviewer: Charles B. Nutting

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Military Justice in the United States

By Robinson 0. Everett

Harrisburg: Military Service Publishing Company, 1956. Pp. 338

reviewer: Daniel Walker

Constitutional Law (Survey Of Virginia Case Law - 1955), Norman A. Crandell

William and Mary Review of Virginia Law

No abstract provided.

Mason: Security Through Freedom. American Political Thought And Practice., William R. Jentes S.Ed.

Michigan Law Review

A Review of Security Through Freedom. American Political Thought and Practice. By Alpheus Thomas Mason.

Wills - Religious Conditions In Restraint Of Marriage - Validity At Common Law And Effect Of Shelley V. Kraemer, Jack G. Armstrong S.Ed.

Michigan Law Review

Testator devised and bequeathed his property to his children, but with a proviso that the gift to any child who should marry a person not born in the Hebrew faith should lapse. Subsequent to the testator's death, the defendant married a woman who had been born a Roman Catholic. The other beneficiaries brought a proceeding to declare that the defendant had lost his rights under the will by reason of his marriage. The probate court granted a decree substantially as sought by the plaintiffs. On appeal, held, affirmed. This partial restraint on marriage is not so unreasonable as to …

Problems In The Removal Of Federal Civil Servants, Ivor L. M. Richardson

Michigan Law Review

The publicity given in the past few years to the loyalty and security program has brought the civil servant of the federal government increasingly before the public eye. At the same time little attention has been paid to the plight of a civil servant who is dismissed from his post for reasons other than those relating to loyalty and security. It is the purpose of this paper to consider different aspects of the removal of civil servants. We shall discuss (1) the government's power to remove civil servants both at common law and under statutes which deal with the exercise …

Constitutional Law - Freedom Of Religion - Judicial Intervention In Disputes Within Independent Church Bodies, Julius B. Poppinga S.Ed.

Michigan Law Review

It is the purpose of this comment to set forth the several principles applied by courts in determining controversies in independent church groups and to consider the constitutional implications of judicial intervention.

Commentary On Press Photographers And The Courtroom, William F. Swindler

Faculty Publications

No abstract provided.