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Articles 991 - 1020 of 1622
Full-Text Articles in Constitutional Law
Constitutional Law--Anti-Lynching Legislation, William B. Harvey S.Ed.
Constitutional Law--Anti-Lynching Legislation, William B. Harvey S.Ed.
Michigan Law Review
Despite progress in recent years toward the elimination of lynching, the demand for adequate federal legislation to cope with the problem is unabated. For almost three decades Congress has considered a succession of anti-lynching bills, most of which have been favorably reported by committees. None has become law. Legislators and others opposing the enactment of a federal anti-lynching act have placed primary reliance on an asserted lack of constitutionality. It is argued that lynching is merely local crime within the scope of the power and responsibility of the states to enforce their own criminal law. The purpose of this comment …
Constitutional Law-Due Process-Right Of Accused To Writ Of Error Coram Nobis, Bernard L. Trott
Constitutional Law-Due Process-Right Of Accused To Writ Of Error Coram Nobis, Bernard L. Trott
Michigan Law Review
Petitioner, a nineteen year old Negro, was convicted of rape in a circuit court of Alabama. The conviction, largely predicated on a confession made by petitioner on July 3, 1946, to the local police, was affirmed on April 24, 1947, by the Supreme Court of Alabama. This petition was subsequently initiated before the Alabama Supreme Court seeking an order granting permission to petition the trial court for a writ of error coram nobis. The request was accompanied by an allegation that petitioner's confession had been induced by mental and physical torture administered by the local police. At no time during …
Constitutional Law-Due Process-Right Of Alien Enemy To Judicial Review Of Deportation Proceeding, Robert P. Griffin
Constitutional Law-Due Process-Right Of Alien Enemy To Judicial Review Of Deportation Proceeding, Robert P. Griffin
Michigan Law Review
Petitioner, a German alien enemy, had been arrested and interned during the war by virtue of broad summary powers granted the Chief Executive by the Alien Enemy Act of 1798. The act subjects alien enemies to apprehension, detention, and deportation upon order of the President "whenever there is a declared war . . . . " Under authority of the act, the President, on July 14, 1945, ordered the removal of all alien enemies "who shall be deemed by the Attorney General to be dangerous to the public peace . . . . " Though the act makes no provision …
Constitutional Law--Statutory Interpretation Under Labor-Management Relations Act--Prohibition Of Union Political Expenditures, Roland E. Ginsburg
Constitutional Law--Statutory Interpretation Under Labor-Management Relations Act--Prohibition Of Union Political Expenditures, Roland E. Ginsburg
Michigan Law Review
The C.I.O., with the consent of its president, Philip Murray, made expenditures from the funds of the organization for the publication of an editorial in the "C.I.O. News," a regularly issued periodical, urging the members of the C.I.O. to vote for a particular candidate in a special Congressional election in Maryland. Additional funds were expended for the publication and transportation of one thousand extra copies. Both the C.I.O. and Mr. Murray were charged with violation of section 304 of the Labor-Management Relations Act in the district court. Defendants moved to dismiss the indictment, alleging that the statute abridged rights guaranteed …
Constitutional Law-Privilege Against Self-Incrimination-Use Against Defendant Of Records Required To Be Kept By Federal Law, C. C. Grunewald S.Ed.
Constitutional Law-Privilege Against Self-Incrimination-Use Against Defendant Of Records Required To Be Kept By Federal Law, C. C. Grunewald S.Ed.
Michigan Law Review
Petitioner Shapiro, a produce wholesaler, was served under the authority of the Emergency Price Control Act with a subpoena duces tecum ordering him to produce certain duplicate sales invoices required to be kept by government regulation. The petitioner produced the records but claimed a constitutional privilege. When subsequently tried in the district court on charges of making tie-in sales in violation of the price regulations, petitioner pleaded immunity under section 202 (g) of the Emergency Price Control Act. His plea was overruled; conviction followed and was affirmed by the circuit court of appeals. On certiorari to the Supreme Court, held …
The Committee To Frame A World Constitution: Preliminary Draft Of A World Constitution, Michigan Law Review
The Committee To Frame A World Constitution: Preliminary Draft Of A World Constitution, Michigan Law Review
Michigan Law Review
A Review of PRELIMINARY DRAFT OF A WORLD CONSTITUTION. By The Committee to Frame a World Constitution.
A Review Of Annual Survey Of American Law: 1947, Edson R. Sunderland
A Review Of Annual Survey Of American Law: 1947, Edson R. Sunderland
Michigan Law Review
This is the sixth annual volume in which the faculty of the New York University School of Law has published its summary of the important developments in American law. The magnitude of the task required to produce these volumes would be considered beyond the capacity of the teaching staff of any single law school if the actual publication, year by year, of these monumental surveys did not prove that it could be accomplished.
Courts-Jurisdiction-Constitutionality Of Statute Establishing Jurisdiction Over Nonresident Conducting Business In State Through Resident Agent, David D. Ring
Michigan Law Review
Defendant, a resident of Utah, sued petitioner, a resident of California, to recover construction costs and contractor's fee for the erection of a building at petitioner's Utah place of business. In accordance with a statute of Utah providing that jurisdiction over a nonresident individual doing business in the state could be obtained in all actions arising out of the conduct of the business by serving process on the resident agent managing the business, summons was served on the petitioner's Utah manager. Petitioner appeared specially and moved to quash the summons for lack of jurisdiction, which motion was denied. He then …
Labor Law--Constitutionality Of Affidavit And Filing Provisions Of Taft-Hartley Act, Jerry S. Mccroskey S.Ed.
Labor Law--Constitutionality Of Affidavit And Filing Provisions Of Taft-Hartley Act, Jerry S. Mccroskey S.Ed.
Michigan Law Review
Plaintiff union, its president, and two union members sought to enjoin the National Labor Relations Board and its members individually from disqualifying plaintiff union from participation in union representation elections held by the board among the employees of two Great Lakes shipping companies. The exclusion of the plaintiff union was based on its failure to file affidavits and reports under sections 9 (f), 9 (g), and 9 (h) of the Taft-Hartley Act, which failure by the terms of the act served to disqualify the non-complying union from participation in board procedures. The plaintiff union attacked the requirements as unconstitutional. Held …
Corwin: Liberty Against Government, Michigan Law Review
Corwin: Liberty Against Government, Michigan Law Review
Michigan Law Review
A Review of LIBERTY AGAINST GOVERNMENT. By Edward S, Corwin .
Habeas Corpus-Federal Courts-Necessity Of Confinement Of Prisoner Within Territorial Jurisdiction Of The Court, Ralph Jay Isackson S.Ed.
Habeas Corpus-Federal Courts-Necessity Of Confinement Of Prisoner Within Territorial Jurisdiction Of The Court, Ralph Jay Isackson S.Ed.
Michigan Law Review
The Attorney General, respondent, after finding that petitioners, one hundred and twenty Germans, endangered the public peace and safety of the United States by their adherence to an enemy government, issued removal orders for their deportation. Petitioners, while confined at Ellis Island, New York, filed petitions for writs of habeas corpus in the District Court for the District of Columbia challenging the removal orders on the basis that they exceeded statutory authority for their issuance. Respondent moved to dismiss because petitioners were not confined in the District of Columbia. The district court granted the motion and the court of appeals …
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 …
Constitutional Law--The President's Loyalty Order--Standards, Procedure And Constitutional Aspects, William J. Schrenk, Jr.
Constitutional Law--The President's Loyalty Order--Standards, Procedure And Constitutional Aspects, William J. Schrenk, Jr.
Michigan Law Review
In the most recent of the efforts of the last several years to protect the ranks of officers and employees of the federal government from infiltration by foreign agents and persons whose interests are inimical to those of the United States, President Truman, on March 21, 1947, issued his "Loyalty Order." The first item in the pattern of statutes, orders, and regulations which supplies the background for the controversial Order No. 9835 was the Hatch Act of 1939, by which Congress prohibited federal employees from membership in organizations advocating the overthrow of the constitutional form of government. One year later, …
Constitutional Law - War Contracts - Effect Of Constitutional Issues On The Exhaustion Of Administrative Remedies Doctrine, Richard V. Ehrick
Constitutional Law - War Contracts - Effect Of Constitutional Issues On The Exhaustion Of Administrative Remedies Doctrine, Richard V. Ehrick
Michigan Law Review
Plaintiff, a manufacturer of war materials under subcontracts with government contractors, filed suit in the District Court for the District of Columbia requesting a declaratory judgment holding the First and Second Renegotiation Acts unconstitutional and, as a consequence thereof, injunctive relief from threatened action by the defendants to recover alleged excessive profits. The district court dismissed the complaint on the grounds (1) that the suit was premature, plaintiff having failed to exhaust the prescribed administrative procedure, and (2) that the available legal and administrative remedies were adequate, the right to equitable relief not being established either on the basis of …
Constitutional Law-Due Process -Of Law-Freedom Of Religion- Voluntary Religious Classes Held In Public School Building During School Hours, E.C. V. Greenwood
Constitutional Law-Due Process -Of Law-Freedom Of Religion- Voluntary Religious Classes Held In Public School Building During School Hours, E.C. V. Greenwood
Michigan Law Review
Appellant, a resident and taxpayer of the Champaign School District and parent of a child attending the public schools of the district, petitioned for a writ of mandamus to compel the district to discontinue religious classes held in the public schools during regular school hours. The classes in question were sponsored by a voluntary association of Jewish, Catholic, and Protestant faiths, but other religious groups were free to establish classes upon the same basis. Instructional materials, a chosen course of study, and religious teachers were made available to the program by the association. Although employed by the association, the teachers …
Vested Rights And The Portal-To-Portal Act, Ray A. Brown
Vested Rights And The Portal-To-Portal Act, Ray A. Brown
Michigan Law Review
The Portal-to-Portal Act of 1947 attempts, by new and retroactive definitions of what constitutes working time of an employee under the Fair Labor Standards Act of 1938, to deprive employees of claims under that earlier act, to which the Supreme Court of the United States has held they were entitled. This article will discuss whether this can be done under the due process clause of the Fifth Amendment.
Constitutional Law--White Primaries--Rice V. Elmore, Irving Slifkin S.Ed.
Constitutional Law--White Primaries--Rice V. Elmore, Irving Slifkin S.Ed.
Michigan Law Review
The right of the negro to vote has constantly been challenged in attempts to destroy or at least to control the exercise of that right. The Fifteenth Amendment secures the right to vote free from interference on a racial basis by the states or the national government. In the states where there is a large negro population varied efforts have been attempted in order to control and nullify the negro vote. These efforts have been manifested in various forms-the grandfather clause, property ownership requirements, the poll tax, character tests, and literacy tests.
Constitutional Law--Commerce Clause--Foreign Commerce--Validity Of State Statute Prohibiting Racial Discrimination By Carrier, Bruce L. Moore S.Ed.
Constitutional Law--Commerce Clause--Foreign Commerce--Validity Of State Statute Prohibiting Racial Discrimination By Carrier, Bruce L. Moore S.Ed.
Michigan Law Review
Appellant owns and operates two steamships for transportation of its patrons between Detroit and Bois Blanc Island, part of the Province of Ontario, Canada. The island is owned by appellant and operated as an amusement and recreation center for the people of Detroit. For refusal to transport a negro girl, appellant was prosecuted and convicted under the Michigan Civil Rights Act which provides that "All persons within the jurisdiction of this state shall be entitled to full and equal accommodations . . . facilities and privileges . . . of public conveyances on land and water . . . ," …
Constitutional Law-Tax Exemption Contract, Grétel Schinnerer
Constitutional Law-Tax Exemption Contract, Grétel Schinnerer
Michigan Law Review
A charter granted in 1863 by the State of Georgia to the Atlantic Coast Line Railroad Company provided as follows: "The stock of said company shall be subject to a tax not exceeding ½ per cent per annum on the net proceeds of its investments." In 1931, the Georgia legislature levied a tax of 5½ per cent on corporate net income. The railroad brought an action seeking to have an assignment under this tax declared invalid, on the theory that the tax as applied to the plaintiff railroad violated the contract clause of the federal Constitution. The Georgia Supreme Court …
Van Doren: The Great Rehearsal, Michigan Law Review
Van Doren: The Great Rehearsal, Michigan Law Review
Michigan Law Review
A Review of THE GREAT REHEARSAL. By Carl Van Doren.
Constitutional Law-Interstate Privileges And Immunities-State's Proprietary Interest In Its Natural Resources, Daniel W. Reddin, Iii
Constitutional Law-Interstate Privileges And Immunities-State's Proprietary Interest In Its Natural Resources, Daniel W. Reddin, Iii
Michigan Law Review
Plaintiffs, non-residents of South Carolina, brought action to enjoin enforcement of the South Carolina statutes regulating fishing within the three mile maritime belt. The statutes imposed an annual license fee on boats engaged in shrimp fishing of $25.00, if owned by residents, and of $2500.00, if owned by non-residents; it exacted a tax of 1/8 cent per pound on green shrimp taken or "canned, shucked or shipped for market," and it required all licensed boats to unload, pack and properly stamp their catch in South Carolina before shipment to another state. Plaintiffs who fish within and beyond the three-mile limit …
Community Property-Constitutionality Of The Pennsylvania Community Property Act, Richard J. Archer
Community Property-Constitutionality Of The Pennsylvania Community Property Act, Richard J. Archer
Michigan Law Review
After the effective date of the Pennsylvania Community Property Act the husband used income from his separate property to pay part of an advance installment on a life insurance policy acquired before the act. He afterward assigned the policy to the plaintiff. The insurance company refused to recognize the validity of the assignment without the wife's consent on the basis that the income from separate property became community property so as to give the wife an interest in the policy. The Pennsylvania Community Property Act provided, inter alia, that: (1) the separate property of each spouse shall consist of that …
Patterson: Presidential Government In The United States. The Unwritten Constitution, Michigan Law Review
Patterson: Presidential Government In The United States. The Unwritten Constitution, Michigan Law Review
Michigan Law Review
A Review of PRESIDENTIAL GOVERNMENT IN THE UNITED STATES. THE UNWRITTEN CONSTITUTION. By C. Perry Patterson
Constitutional Law--Investigatory Power Of Congress--Validity Of The Un-American Activities Committee Inquiries Into Professional And Political Affiliations, Charles M. Soller
Constitutional Law--Investigatory Power Of Congress--Validity Of The Un-American Activities Committee Inquiries Into Professional And Political Affiliations, Charles M. Soller
Michigan Law Review
The recent probe into the motion picture industry by the House Committee on Un-American Activities and the resulting indictment of ten witnesses for contempt of Congress have served not only to keep this controversial committee in the publicity spotlight, but have also raised some constitutional questions which have long gone unanswered. The indictment of the ten recalcitrant witnesses under Title 2, section 192, of the United States Code followed their citation for contempt by the House of Representatives for refusal to give direct answers to the Committee's questions: "Are you a member of the Screen Writers Guild?" and "Are you …
Constitutional Law-Jury Trial-Validity Of The "Blue Ribbon" Jury, Edward S. Tripp S.Ed.
Constitutional Law-Jury Trial-Validity Of The "Blue Ribbon" Jury, Edward S. Tripp S.Ed.
Michigan Law Review
Defendants, labor union officers, were indicted for conspiracy and extortion. The state moved for a "blue ribbon" jury. Defendants objected to the "blue ribbon" panel on grounds of denial of due process and equal protection; first, because laborers and women were unlawfully excluded from the panel, and also because "blue ribbon" juries were more inclined to convict than common juries. Defendants later accepted each individual juror. Defendants were convicted and the New York appellate court affirmed. The United States Supreme Court granted certiorari. Held, affirmed. Defendants failed to show any intentional and purposeful exclusion which would be prejudicial to …
Jury-Determination Of Damages By Appellate Court As Denial Of Right To Trial By Jury Given By Federal Law, William B. Harvey
Jury-Determination Of Damages By Appellate Court As Denial Of Right To Trial By Jury Given By Federal Law, William B. Harvey
Michigan Law Review
Plaintiff's cause of action arose under the federal Merchant Marine Act, which grants a right to trial by jury. Plaintiff recovered judgment and on appeal defendant asked the court to determine the damages pursuant to provision in the Oregon Constitution vesting in the supreme court the power to determine from the evidence the extent of a plaintiff's damages and to direct the entry of a final judgment for the amount thereof, on appeal from a jury's verdict awarding damages claimed by the defendant to be excessive. Held, the provision is inapplicable in cases arising under the federal Merchant Marine …
Conflict Of Laws-Constitutional Law-Full Faith And Credit-Fraternal Benefit Society's Constitution Controlling Over Statute Of Limitations Of Forum State, Bruce L. Moore S.Ed.
Conflict Of Laws-Constitutional Law-Full Faith And Credit-Fraternal Benefit Society's Constitution Controlling Over Statute Of Limitations Of Forum State, Bruce L. Moore S.Ed.
Michigan Law Review
In an action against an Ohio fraternal benefit society to recover insurance benefits resulting from the death of an insured member, the defense was that the constitution of the society prohibited the bringing of an action on such a claim more than six months after disallowance of the claim. This provision was valid under the statutes and court decisions of Ohio. The statute of limitations of the state of the forum, South Dakota, was six years on contract actions. Another statute of South Dakota declared void every stipulation in a contract limiting the time within which a party may enforce …
Constitutional Law-Taxation-Gross Receipts Taxes In Relation To Interstate Commerce-Freeman V. Hewit, Irving Slifkin S.Ed.
Constitutional Law-Taxation-Gross Receipts Taxes In Relation To Interstate Commerce-Freeman V. Hewit, Irving Slifkin S.Ed.
Michigan Law Review
The scope of state taxation of interstate commerce has been redefined in two recent Supreme Court cases involving the application of state gross receipts taxes. In Freeman v. Hewit and Joseph v. Carter and Weekes Stevedoring Co., the Court discarded the cumulative burdens test, which for the past eight years had served as the basis for determining the extent of state taxation of interstate commerce, and readopted the direct and indirect burden test.
Rutledge: A Declaration Of Legal Faith, Merrill N. Johnson S.Ed.
Rutledge: A Declaration Of Legal Faith, Merrill N. Johnson S.Ed.
Michigan Law Review
A Review of A DECLARATION OF LEGAL FAITH. By Wiley Rutledge.