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Articles 1051 - 1080 of 1622
Full-Text Articles in Constitutional Law
Constitutional Law-Right To Counsel, Robert M. Barton
Constitutional Law-Right To Counsel, Robert M. Barton
Michigan Law Review
The appellant, a person with a long criminal record, was convicted of receiving and concealing stolen goods. At the trial the attorney appointed by the court to represent him presumably had enough time to prepare a defense but conducted it in a slipshod manner. He failed to object to the admission of important evidence not legally admissible; he failed to see that a witness whom the accused described as important was subpoenaed into court; he objected to none of the prejudicial statements of the trial judge which in effect attacked the credibility of the accused, and he criticized his own …
Constitutional Law-Due Process-Punishment For Acts Done Without Consciousness Of Wrongdoing, Benjamin M. Quigg, Jr. S.Ed.
Constitutional Law-Due Process-Punishment For Acts Done Without Consciousness Of Wrongdoing, Benjamin M. Quigg, Jr. S.Ed.
Michigan Law Review
In the recent case of United States v. Dotterweich the United States Supreme Court (four justices dissenting) held the president of a drug jobbing company personally liable for violation of the Federal Food, Drug and Cosmetic Act on informations charging misbranding and adulteration of products. There was no evidence of any personal guilt on the defendant's part, nor was there any proof or claim that he ever knew of the introduction into commerce of the adulterated drugs in question. The disagreement among the members of the court was essentially one of statutory interpretation, but in view of the fact that …
Constitutional Law-Congressional Primaries-Voting Rights Of Negroes, Everett S. Brown
Constitutional Law-Congressional Primaries-Voting Rights Of Negroes, Everett S. Brown
Michigan Law Review
The petitioner, Lonnie E. Smith, a Negro citizen of Harris County, Texas, brought suit for damages against election judges who refused to give him a ballot or to permit him to cast a ballot in the primary election of July 27, 1940, for the nomination of Democratic candidates for federal and state officers. The refusal was alleged to have been solely because of Smith's race and color and consequently violated sections 31 and 43 of title 8 of the United States Code by depriving Smith of rights secured under provisions of the Federal Constitution. The District Court of the United …
Constltutional Law - Labor Unions - Injunction
Constltutional Law - Labor Unions - Injunction
Michigan Law Review
Complainants owned and operated a small cafeteria conducting the business without the aid of any employees. Defendants, a labor union and its president, picketed the cafeteria in an attempt "to organize it." The picketing was carried on by parade of one person at a time in front of the premises, at all times in an "orderly and peaceful" manner. Signs were carried which tended to give the impression that the complainants were "unfair" to organized labor and that the pickets "had been previously employed in the cafeteria." These representations were knowingly false in that there had been no employees in …
Municipal Corporations - Constitutional Law-Exemption Of Homesteads From Taxation For State Purposes, Hobart Taylor, Jr.
Municipal Corporations - Constitutional Law-Exemption Of Homesteads From Taxation For State Purposes, Hobart Taylor, Jr.
Michigan Law Review
A taxpayer brought a class suit in his own name for the use and benefit of himself and other taxpayers against the city of Wichita Falls to have an ordinance exempting from all taxes $3,000 of the assessed taxable values of all residence homesteads of the city declared void, and for a permanent injunction restraining the city from allowing such exemption and issuing certificates therefor to owners of homesteads. The ordinance had been passed under authority of a constitutional amendment permitting a similar exemption for "state purposes." Held, a homestead is taxable under the constitution for all purposes other …
Constitutional Law - Freedom Of Religion - Compulsory Flag Salute, Michigan Law Review
Constitutional Law - Freedom Of Religion - Compulsory Flag Salute, Michigan Law Review
Michigan Law Review
The state of West Virginia enacted an amendment to its statutes in 1941 requiring all schools to conduct courses in history and civics for the purpose of fostering "the ideals, principles and spirit of Americanism," and pursuant thereto the Board of Education adopted a resolution ordering that the flag salute and declaration of allegiance should be a regular part of the program of activities in the public schools. Expulsion from school was provided for nonconformity- and until compliance the child was considered unlawfully absent from school and the parents were liable to fine and imprisonment for causing child delinquency. Appellees …
Abstracts, Katherine Kempfer
Abstracts, Katherine Kempfer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Constitutional Law-Right To Impose A License Tax Upon Dissemination Of Religious Literature - Jones V. Opelika Reversed, Michigan Law Review
Constitutional Law-Right To Impose A License Tax Upon Dissemination Of Religious Literature - Jones V. Opelika Reversed, Michigan Law Review
Michigan Law Review
Petitioners were members of the religious sect "Jehovah's Witnesses," who "sold" and/ or donated religious tracts and literature, and in connection therewith used phonographs and records, in their door to door activities to spread their religious beliefs. They failed to obtain a license for the privilege of canvassing and soliciting, as required of all persons by an ordinance of the city of Jeannette, Pennsylvania, and were convicted and fined for violation thereof. Petitions for leave to appeal to the Supreme Court of Pennsylvania were denied; the case came before the United States Supreme Court on petition for writ of certiorari. …
Constitutional Law - Highways - Billboard Regulations-Application Of Easement Principles, Ruth I. Wilson
Constitutional Law - Highways - Billboard Regulations-Application Of Easement Principles, Ruth I. Wilson
Michigan Law Review
In Kelbro, Inc. v. Myrick, where the license and setback requirements of the Vermont outdoor advertising law were sustained together with provisions for summary removal of nonconforming advertisements, the Vermont Supreme Court declared that the commercial billboard companies have no common-law right to the privilege of visibility on which their business depends. Their exploitation of this privilege, it held, is a commercial use of the public thoroughfares which has been permitted only by sufferance and has always been subject to prohibition or regulation by the legislature.
Constitutional Law - Due Process Limitations On Statutes Regulating Extrastate Contracts, Michigan Law Review
Constitutional Law - Due Process Limitations On Statutes Regulating Extrastate Contracts, Michigan Law Review
Michigan Law Review
Plaintiffs, reciprocal insurance associations which insure against fire and related risks, and whose attorneys-in-fact are located in Illinois, brought a declaratory judgment action in New York state courts for a determination of the applicability to them of the New York law requiring that such co-operative insurance associations obtain a license, or be prohibited from doing "any act which effects, aids or promotes the doing of an insurance business" in New York. As a condition of the license, submission to the New York regulations is required. The activities of the associations within the state of New York include investigation by engineers …
Abstracts, Katherine Kempfer
Abstracts, Katherine Kempfer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Abstracts, Katherine Kempfer
Abstracts, Katherine Kempfer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Constitutional Law - Criminal Law And Procedure - Presence Of Accused During Arguments Of Law, Arthur B. Lathrop
Constitutional Law - Criminal Law And Procedure - Presence Of Accused During Arguments Of Law, Arthur B. Lathrop
Michigan Law Review
The defendant was indicted for a felony on charges of wilfully attempting to "evade or defeat'' federal income taxes based on his failure to report money allegedly received by him from "backers" of numbers games in exchange for political protection. On cross-examination he was questioned about certain payments made in the year following the ones on which the indictment was based. His attorney objected on the ground that the question was going to be the subject of another indictment against the defendant, and asked that the jury be dismissed while an argument was had upon the point of law raised. …
Constitutional Law - Validity Of Rent Provisions Of Emergency Price Control Act, George T. Schilling
Constitutional Law - Validity Of Rent Provisions Of Emergency Price Control Act, George T. Schilling
Michigan Law Review
The administrator of the Office of Price Administration brought an action in a federal district court to enjoin defendant from violating the rent provisions of the Emergency Price Control Act of 1942, and orders and regulations issued pursuant thereto. Defendant, by way of counterclaim, challenged the constitutionality of the act and Regulation No. 10 and sought an in junction restraining plaintiff from enforcing against her the provisions of the act, from interfering with the use and occupancy of her premises and her right to invoke the jurisdiction of the state courts, and requesting the suspension of the penal provisions of …
Abstracts, Katherine Kempfer
Abstracts, Katherine Kempfer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Constitutional Law - Interstate Commerce - Agricultural Adjustment Act, H. Marshall Peter
Constitutional Law - Interstate Commerce - Agricultural Adjustment Act, H. Marshall Peter
Michigan Law Review
Under the terms of the Agricultural Adjustment Act of 1938, the Secretary of Agriculture is authorized, whenever it appears that the nation's wheat supply will exceed a certain amount, so to proclaim and to put into effect a marketing quota. A referendum must be conducted among the farmers, and if more than one-third oppose, the operation of the quota must be suspended. In July, 1940, the appellee was given notice of an allotment for his 1941 crop. This notice preceded his fall planting of that crop, and another notice a year later preceded its harvesting. The amendment of May 26, …
Constitutional Law - Constitutionality Of Tire Rationing, Malcolm M. Davisson
Constitutional Law - Constitutionality Of Tire Rationing, Malcolm M. Davisson
Michigan Law Review
Plaintiff, Price Administrator, sought to enjoin defendants from selling rubber tires and tubes to consumers without tire rationing certificates as required by the tire rationing regulations. Defendants contended that the regulations were void under the Fifth Amendment as taking of property without due process of law and without just or any compensation. Held, judgment for plaintiff. The tire rationing regulations, a proper exercise of the war powers vested by Congress in the President or some duly constituted department, agency, or officer of the federal government, are not in contravention of the prohibition of the Fifth Amendment against the taking …
Constitutional Law-Trial By Jury-Conditions Of Valid Waiver
Constitutional Law-Trial By Jury-Conditions Of Valid Waiver
Michigan Law Review
Until the rendition of the Supreme Court's lengthy opinion in Patton v. United States the consequence of a defendant's waiver of his constitutional right to trial by jury in criminal cases, and his resultant trial without a jury of twelve persons, was matter for vigorous disputation. The decisions from various jurisdictions are conflicting and confused. Some courts have declared flatly that the right cannot be validly waived and that conviction following an attempted waiver is a nullity. But their reasons for so holding are widely variant.
Constitutional Law-Saboteurs And The Jurisdiction Of Military Commissions, George T. Schilling
Constitutional Law-Saboteurs And The Jurisdiction Of Military Commissions, George T. Schilling
Michigan Law Review
The jurisdiction of military tribunals in the United States has troubled political and legal writers since the days of the Revolution. Decided cases are not numerous. The boundaries separating military and civil jurisdiction are not precise. Observations of the plight of oppressed peoples in other lands as well as the conception of total war and the course of action necessary for survival warrant a reexamination and reappraisal of our constitutional guarantees, which were in part based upon and reflect a fear of tyrannical military rule. A pronouncement of the Supreme Court of the United States in this field is, therefore, …
Recent Decisions, Michigan Law Review
Recent Decisions, Michigan Law Review
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Constitutional Law - Impairing The Obligation Of Contracts - New York Decedents' Estate Law, Robert Walsh
Constitutional Law - Impairing The Obligation Of Contracts - New York Decedents' Estate Law, Robert Walsh
Michigan Law Review
By a premarital agreement executed in 1922 the wife of decedent waived all rights in his estate. The waiver was signed but not acknowledged. In August, 1930, decedent executed a will leaving $2,000 to his wife. In September, 1930, there went into effect an amendment of the Decedents' Estate Law of New York, which gave to a widow an election to take under or against the will of her husband and provided that such election could be waived only by an instrument signed and acknowledged. The statute applied only to wills executed after September, 1930. The decedent executed a codicil …
Evidence - Constitutional Problems In Compelling The Attendance Of Witnesses Outside The State, Paul J. Keller, Jr.
Evidence - Constitutional Problems In Compelling The Attendance Of Witnesses Outside The State, Paul J. Keller, Jr.
Michigan Law Review
Cooper, a citizen of New Jersey, was sought as a witness by a defendant in a criminal prosecution in a New York court in accordance with a New Jersey statute, which allowed such a procedure upon certain conditions. The conditions included a hearing in New Jersey on the summons and provisions for compensation and immunity from service of process while acting on the writ outside the state. At the New Jersey hearing on the summons Cooper objected on the ground that the statute was an unconstitutional deprivation of his liberty. Held, that the statute is constitutional. In re Cooper …
Constitutional Law - Involuntary Servitude, John W. Potter
Constitutional Law - Involuntary Servitude, John W. Potter
Michigan Law Review
Appellant was indicted under a Georgia statute which provided that anyone who contracted to perform services of any kind with the intent not to perform such services was subject, upon conviction, to fine and /or imprisonment. Proof of the contract, procurement of money or any other thing of value, and the failure to perform the service or to return the money advanced without good and sufficient cause were stated to be presumptive evidence of the requisite intent. Appellant claimed that the statute violated the Thirteenth Amendment and the due process clause of the Fourteenth Amendment. The state court held the …
Constitutional Law - Labor Law - Recent Ramifications Of The Application Of Free Speech Doctrines To The Protection Of Picketing, William H. Kinsey
Constitutional Law - Labor Law - Recent Ramifications Of The Application Of Free Speech Doctrines To The Protection Of Picketing, William H. Kinsey
Michigan Law Review
When the United States Supreme Court declared that peaceful picketing was protected by the constitutional guaranty of free speech, it raised the interesting question how the doctrines shielding the traditional modes of free speech were to be adapted to the preservation of picketing. A smooth cloaking of the right to picket with the sanctity of a constitutionally protected civil liberty is complicated by various factors such as the ease with which picketing may lead to violence, the elements of economic coercion inherent in even peaceful picketing, and the detrimental repercussions upon strangers to the controversy. As a result the clash …
Constitutional Law - Commerce Clause - Power To Regulate Intrastate Transactions - Milk Prices, Michigan Law Review
Constitutional Law - Commerce Clause - Power To Regulate Intrastate Transactions - Milk Prices, Michigan Law Review
Michigan Law Review
Pursuant to the Agricultural Marketing Agreement Act of 1937, conferring on the Secretary of Agriculture the power to regulate the handling of milk which is "in the current of interstate or foreign commerce, or which directly burdens, obstructs or affects interstate or foreign commerce in such commodity or product thereof," the secretary issued marketing orders fixing minimum prices to be paid to producers of milk in the Chicago area. Respondent, who purchased and sold milk only within the state of Illinois, refused to comply with the order. The United States sought enforcement of the order, but the complaint was dismissed. …
Constitutional Law - Commerce Clause - Regulation Of Renovated Butter Manufacture, Michigan Law Review
Constitutional Law - Commerce Clause - Regulation Of Renovated Butter Manufacture, Michigan Law Review
Michigan Law Review
Plaintiff, who was engaged in the manufacture of renovated butter from packing stock butter, brought an action to enjoin Alabama officials from enforcing state laws relating to the inspection and seizure of the raw material. Plaintiff contended that since the production of renovated butter was taxed and regulated by the United States, state action was excluded. The federal act conferred upon the Secretary of Agriculture, among other things the duty of ascertaining "whether or not materials used in the manufacture of said process or renovated butter are deleterious to health or unwholesome in the finished product, and in case such …
Constitutional Law - Due Process - Notice And Hearing - Validity Of Statute Authorizing Seizure Of Property Illegally In Possession Of Pawnbroker, Wilbur Jacobs
Michigan Law Review
Complainant, believing his property to be illegally in the possession of defendant pawnbroker, obtained a search warrant, authorized by statute to be issued, on complaint under oath, by any magistrate who is satisfied that there is reasonable cause for complainant's belief. Although the statute required the property to be seized and delivered to complainant on his posting a bond for double the value of the property, the property was not in fact seized. However, actual notice to appear and be heard on a certain date was given to the defendant, even though such notice was not expressly required by the …
Constitutional Law - State Proration Acts - Regulation Of Production When Sales Are Largely Interstate, Michigan Law Review
Constitutional Law - State Proration Acts - Regulation Of Production When Sales Are Largely Interstate, Michigan Law Review
Michigan Law Review
The plaintiff, a raisin packer in the state of California, was prevented from purchasing in open market to fill his out-of-state orders because of the California Agricultural Proration Act. By its provisions the producers of raisin grapes are required to turn over seventy per cent of their produce to state "pools." The remaining thirty per cent may be sold without restriction, providing the producer holds certificates issued by a commission. Packers are permitted to purchase only from such certificate holders. These packers operate within California, buying from producers and selling to jobbers, wholesalers, brokers, etc., for resale to the public. …
Constitutional Law - State Control Of Interstate Migration Of Indigents, Edward W. Adams
Constitutional Law - State Control Of Interstate Migration Of Indigents, Edward W. Adams
Michigan Law Review
The interstate migration of persons presents the United States with one of its most acute economic and social problems and carries in its wake a series of significant legal questions. Of paramount importance is the constitutional question whether the migration of indigents is subject to state control. To lend understanding to this problem, attention will be called first to the basic economic and social urges underlying interstate migration and second to the position of the indigent as defined by traditional legal concepts. To complete the discussion, suggestions will be offered for corrective federal legislation.
Constitutional Law -- Due Process -- Price-Fixing, Michigan Law Review
Constitutional Law -- Due Process -- Price-Fixing, Michigan Law Review
Michigan Law Review
A Nebraska statute required the licensing of private employment agencies and limited maximum compensation for services rendered to ten per cent of the first month's salary or wages of the person for whom employment was obtained. In this case the Secretary of Labor of Nebraska refused to issue a license because of the applicant's refusal to limit its compensation to the statutory maximum. In a suit for a peremptory writ of mandamus to compel the issuing of the license, the Secretary of Labor relied on the statute. In reliance on Ribnik v. McBride, the Supreme Court of Nebraska, with …