Constitutional Law Commons^™

Constitutional Law - Executive Powers - Use Of Troops To Enforce Federal Laws, Robert H. Elliott Jr., S.Ed., Richard I. Singer S.Ed.

Michigan Law Review

The recent use of federal troops in Little Rock, Arkansas to enforce the order of a federal district court requiring school integration has occasioned widespread controversy throughout the nation. It is the purpose of this comment to examine the constitutionality of such action and to consider its broader implications with respect to federal-state and congressional-executive relationships.

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 …

Constitutional Law--Legislative Investigations--Pertinence And Scope Of Inquiry, R. G. D.

West Virginia Law Review

No abstract provided.

Full Faith And Credit To Judgments And Public Acts, Kurt H. Nadelmann

Michigan Law Review

Interest here is concentrated on full faith and credit for public acts. But what led to insertion of the command respecting public acts cannot be divorced historically from the study of the command of full faith for judgments. The whole field, therefore, has been included in the reexamination. Clarifications obtainable on the "judgments" side, it will be seen, help also on the "public acts" side. On both sides there are historical facts which deserve greater attention than has been hitherto given, and if, as a result, some of the myths surrounding the' Lawyers Clause are exploded, the rethinking may have …

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 …

Compelling The Testimony Of Political Deviants, O. John Rogge

Michigan Law Review

At the last term the United States Supreme Court in Ullmann v. United States upheld the constitutionality of paragraph (c) of a federal act of August 1954 which seeks to compel the testimony of communists and other political deviants. Paragraph (c) relates to witnesses before federal courts and grand juries. The Court specifically left open the question of the validity of paragraphs (a) and (b) relating to congressional witnesses. Justice Frankfurter delivered the Court's opinion. Justice Douglas, with the concurrence of Justice Black, wrote a dissent.

It is our purpose to consider the background, history and terms of this compulsory …

Labor Law - Labor - Management Relations Act - Further Comments On Federalism, Robert B. Olsen S.Ed.

Michigan Law Review

Until a decade ago, the nation's lawyers paid little attention to the status of federal-state relations in the regulation of labor disputes. Today there hardly appears a volume of a legal journal that does not contain the product of new efforts to bring order out of the chaos that prevails in this area. A number of writers have apparently given up the task of reconciling statutory provisions with case law and case law with sound federal policy, and have resorted to the simpler, yet challenging, method of proposing amendments to existing federal statutes. Worthy as these efforts may be in …

New York - Laws Of The 178th Session - Publication And Distribution Of Comic Books - Sale To Minors, Neale F. Hooley

Villanova Law Review (1956 - )

No abstract provided.

Labor Law - Collective Bargaining - Enforceability Of Collective Agreements Under Section 301(A), Douglas Peck S.Ed.

Michigan Law Review

Plaintiff, an unincorporated labor organization, filed suit in federal district court to enforce a collective bargaining agreement with defendant. The complaint alleged that defendant was obligated by the agreement to pay employees represented by the plaintiff their full salary for the month of April 1951 regardless of the fact that they had been absent on certain working days. The suit was brought under section 301 (a) of the Labor-Management Relations Act of 1947.On appeal from a court of appeals decision directing dismissal for lack of jurisdiction, held, affirmed, two justices dissenting. An action by a labor organization to enforce …

Constitutional Law - Federal Anti-Subversive Legislation - The Communist Control Act Of 1954, Paul R. Haerle

Michigan Law Review

This comment is intended as a preliminary step in an analysis of the legislative history of the act and a consideration of both its potential effectiveness and constitutional validity.

Constitutional Law - Church And State - Statute Requiring Religion To Be Taken Into Consideration In Adoption, David W. Swanson

Michigan Law Review

ln 1951, a Jewish couple obtained custody of illegitimate twins who were then two weeks old. In 1954, the couple formally sought to adopt the children. Although petitioners were otherwise qualified to act as parents, a Massachusetts statute provides that "in making orders for adoption, the judge when practicable must give custody only to persons of the same religious faith as that of the child." The twins' natural mother was Catholic but had consented in writing to adoption by the petitioners and to rearing of the children in the Jewish faith. The lower court found that several Catholic couples had …

Legislation - Witness Immunity Act Of 1954 - Constitutional And Interpretative Problem, George S. Flint S.Ed.

Michigan Law Review

The passage in August, 1954 of a federal statute granting immunity under specified conditions to witnesses before congressional committees and in the federal courts marks a third legislative experiment designed to soften the effect of the Fifth Amendment as a limitation on the investigatory power of Congress. The first two attempts were less than successful. This comment will discuss the historical background of immunity legislation, and some possible constitutional pitfalls and problems of construction created by the statutory language.

Constitutional Law - Commerce Clause - Federal Jurisdiction In Trade-Mark Infringement Proceedings Under The Lanham Act, Richard R. Dailey

Michigan Law Review

Plaintiff's trade-mark, "Minute Maid," had been registered under the Lanham Act in 1952 and had been used in interstate commerce in connection with the sale of frozen fruit juice concentrates since that time. Defendant's trade-mark consisted in part of the words "Minute Made." Defendant used its mark wholly within the State of Florida in the processing and sale of frozen meat products. Both plaintiff and defendant were Florida corporations. In a suit for trade-mark infringement, jurisdiction of the federal district court depended. on the provisions of the Lanham Act. The complaint alleged damage to plaintiff's good will established in interstate …

Labor Law - State Jurisdiction Over Acts Which Are Unfair Labor Practices Under Federal Labor Legislation, Eugene Alkema S.Ed.

Michigan Law Review

Extensive federal labor legislation under the commerce clause has created a perplexing jurisdictional problem in the state courts, which are confronted increasingly with the critical issue of possible conflict with a federal preemptive area of operation. The extent to which the federal government has superseded state jurisdiction over labor matters has remained unsettled under the current case law and the legislative history of the federal acts, and the need for clarification is apparent at a time when labor cases are reaching the courts in increasing numbers. It is natural for unions to raise the issue of lack of jurisdiction in …

Constitutional Law - Federal Regulation Of Lobbying Act - Vague And Indefinite Language As Violation Of First And Fifth Amendment, Arne Hovdesven

Michigan Law Review

Defendants were charged with violation of the Federal Regulation of Lobbying Act because of failure to register as lobbyists under provisions of section 308 and to report expenditures as directed by section 305. The lower court found these sections of the statute unconstitutional and dismissed the information. On appeal, held, the act is not so vague and indefinite as to violate the due process clause of the Fifth Amendment; nor does it violate the First Amendment. The penalty provision of section 310(b) is not objectionable as a deprivation of First Amendment rights since it is separable. United States v. …

Constitutional Law - Legislative Contempt Power-Procedure Against Witness For Conduct Before Commission Composed Of Legislators And Others, Julius B. Poppinga

Michigan Law Review

The Massachusetts General Court, for the purpose of investigating communism and subversive activities within the Commonwealth, established by joint resolution a "special commission" composed of two members of the Senate, three members of the House, and two persons to be appointed by the governor. When the commission summoned Otis A. Hood to appear before it, he refused to be sworn as a witness without first receiving witness fees, and flippantly expressed his demand for payment. The general court requested an advisory opinion of the Supreme Judicial Court of Massachusetts, propounding three questions: (1) whether the special commission was a committee …

Federal Supremacy And State Anti-Subversive Legislation, Alan Reeve Hunt

Michigan Law Review

State legislatures have been prompted by international tensions of recent years to enact new and stringent anti-subversive laws, thus adding to an already large body of statutes directed against various forms of subversion. Many of these statutes are open to serious objection on constitutional ·grounds. The purpose of this article is to examine those objections which are based upon the notion either that federal power in the area is exclusive or that Congress, expressly or by necessary inference, has pre-empted the field.

Legislation - Requirement Of Definiteness In Statutory Standards, Robert B. Krueger S.Ed.

Michigan Law Review

While it is universally recognized that definiteness in statutory standards is a condition prerequisite to the application of a statute, there is no agreement among either the courts or the writers as to the theory behind this requirement. However, common elements in each of the two prevalent theories indicate certain factors which may well be decisive on the question of definiteness in any given case. The purpose of this comment is to explore the practical implications of the interplay of these various factors and theories.

Constitutional Law - Federal Occupation Of Field Of Control Of Subversives, John C. Hall S.Ed.

Michigan Law Review

Defendant was chairman of the Communist Party for the western district of Pennsylvania. He was charged with willfully advocating the violent overthrow of the United States Government, and his conviction under state statute was sustained by the superior court. On appeal, held, reversed. The federal Smith Act pre-empted the field of control of subversive activities and the state law is therefore void. Commonwealth v. Nelson, 377 Pa. 58, 104 A. (2d) 133 (1954).

Congress, The Constitution And Crosskey, James A. Durham

Indiana Law Journal

No abstract provided.

Federal Control Of Health And Safety Standards In Peacetime Private Atomic Energy Activities, Samuel D. Estep

Michigan Law Review

This article is directed to the question of the power of Congress to provide for such regulation of those who handle radioactive materials in private industry and not to the policy question of whether Congress ought to attempt such regulation.

Evidence - Wiretapping And The Congress, Richard W. Pogue S.Ed.

Michigan Law Review

The familiar cry that "there ought to be a law" is frequently raised concerning the practice which Justice Holmes long ago characterized as "dirty business" - the tapping of telephone wires. Although existing legislation on both federal and state levels deals with interception of telephone messages, the almost universal conclusion of commentators on the subject has been that many of the present day statutes are inadequate. It is particularly apparent that the famous section 605 of the Federal Communications Act of 1934 has long been in need of replacement or thorough revision. The purpose of this comment is to examine …

Aliens - Naturalization - Netural Aliens Who Sought Relief From Military Service Barred From Becoming United States Citizens, John Houck S.Ed.

Michigan Law Review

During World War II, an alien who was a citizen or a subject of a neutral country was allowed to escape service in the armed forces of the United States by signing Selective Service Form DSS 301. A release thus obtained carried with it a disability ever to become a citizen of the United States. A substantial number of neutral aliens availed themselves of this relief from military service. Today, the courts are faced with the problem of whether signing Form 301 shall in every case prevent the alien from becoming a citizen. It is the purpose of this comment …

Constitutional Law - Civil Rights Act - Civil Liability Of State Judicial Officers, John C. Hall S.Ed.

Michigan Law Review

In 1940 defendant, a state judge, granted an ex parte order transferring plaintiff, then a voluntary inmate of a Massachusetts school for the feeble-minded, to the Department of Defective Delinquents. Released on habeas corpus in 1951, plaintiff brought suit under the Civil Rights Act, claiming a denial of notice and hearing in violation of the due process clause of the Fourteenth Amendment. On appeal, held, a judge is not liable at common law or under the Civil Rights Act for acts done in the exercise of his judicial function. Francis v. Crafts, (1st Cir. 1953) 203 F. (2d) …

Borderland - Where Copyright And Design Patent Meet, Richard W. Pogue

Michigan Law Review

Copyright law and design patent law contemplate basically different objects of protection. Yet at the outer fringes of these types of protection certain concepts overlap to form a rather undefined borderland in which it is difficult to say what law is applicable-copyright law, patent law, neither, or both. It is the purpose of this paper to explore this borderland area in the light of traditional copyright and patent law principles, with attention given to policy considerations involved, and to offer suggestions toward drawing a sharper boundary between the two.

Constitutional Law - Congressional Powers - Validity Of The 1951 Gamblers' Occupation Tax Act, James W. Callison S.Ed.

Michigan Law Review

The Revenue Act of 1951 levied a tax on persons engaged in the business of accepting wagers, requiring such persons to register their names and places of business and residence with the Collector of Internal Revenue. The act also required the disclosure of the name and address of each person receiving wagers for the registrant, or, if the registrant himself received wagers for another, the name of that person. Violations of the act were punishable by fine and imprisonment. Defendant was indicted for willful failure to register and pay the tax. The district court granted defendant's motion to dismiss on …

Constitutional Law - State Action - Trade Union's Authority Is Not Derived From The State, S. I. Shuman S.Ed.

Michigan Law Review

Plaintiffs claimed that defendant union and defendant company conspired to discriminate against Negro cab driver employees by means of a working regulation intended to compel plaintiffs to pick up passengers only in wards inhabited primarily by Negroes. Two bases for original jurisdiction in federal court were advanced. First, it was contended that the cause of action involved more than $3,000 and arose under the laws of the United States because the bargaining power of the union was conferred upon it by the National Labor Relations Act. Second, it was maintained that the Civil Rights Act vested jurisdiction, on the ground …

Constitutional Law-Due Process-Vague And Indefinite Statute, S. I. Shuman

Michigan Law Review

The Food, Drug, and Cosmetic Act by section 301(f) prohibits a factory operator from refusing to permit entry and inspection as provided by section 704. Violation of section 301(f) is made a misdemeanor by section 303(a). Section 704 authorizes persons "duly designated by the Administrator, after first making request and obtaining permission of the . . . operator" of the factory, "to enter" and "to inspect" at "reasonable times." Defendant was convicted by the district court for violating section 301(f), having refused permission to authorized persons to enter and inspect at a reasonable time. The court of appeals reversed, on …

Constitutional Law-Relation Between State And Federal Governments, J. David Voss

Michigan Law Review

Plaintiffs, employees of a United States Naval Ordnance Plant located in an area of exclusive federal jurisdiction within the State of Kentucky, sued in a state court for a declaratory judgment that a license tax on the privilege of working in the City of Louisville, measured by a percentage of all salaries, wages and commissions earned within the city, was not applicable to them. Defendants' demurrer was overruled, and the collection of the tax enjoined. The Kentucky Court of Appeals reversed, and judgment was entered for the defendants. The court of appeals affirmed. On appeal to the United States Supreme …

Legislation-Invalidity Of Statutes Framed In Vague Terms, Richard W, Pogue S.Ed

Michigan Law Review

Defendant, president of a corporation which processes apples for shipment in interstate commerce, was convicted of violating §301(f) of the Food, Drug, and Cosmetic Act. That section prohibits "the refusal to permit entry oi inspection as authorized by section 704"; section 704 authorizes federal officers, "after first making request and obtaining permission of the owner, operator or custodian" of the factory "to enter" and "to inspect" the establishment "at reasonable times." Federal authorities requested permission to enter and inspect defendant's factory at reasonable hours, but permission was refused. This refusal was the basis of the conviction. The Court of Appeals …