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Articles 3781 - 3810 of 3870
Full-Text Articles in Courts
The Tidewater Case And Limited Jurisdiction Of Federal "Constitutional" Courts, Joe H. Foy
The Tidewater Case And Limited Jurisdiction Of Federal "Constitutional" Courts, Joe H. Foy
Vanderbilt Law Review
In the recent case of National Mutual Insurance Ca. v. Tidewater Transfer Co.,' the Act of April 20, 1940, allowing citizens of the District of Columbia and of the territories to sue and be sued in the district courts on the basis of diverse citizenship, was held constitutional insofar as it applies to citizens of the District of Columbia. The practical effect of the decision, in allowing Congress to remove a basic inequality among citizens of the United States, is perhaps commendable. However, there are broad theoretical implications in this holding, emphasized by sharp debate among the justices, which could …
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 …
And This, Too, O King, Shall Change And Pass Away, C. T. Graydon
And This, Too, O King, Shall Change And Pass Away, C. T. Graydon
South Carolina Law Review
No abstract provided.
Administrative Determinations And Personal Rights In The Present Supreme Court, Ralph F. Fuchs
Administrative Determinations And Personal Rights In The Present Supreme Court, Ralph F. Fuchs
Indiana Law Journal
No abstract provided.
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-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 …
Res Judicata---State Court's Dismissal As A Bar To A New Suit On The Same Cause In A Federal Court Exercising Diversity Jurisdiction, Richard J. Archer
Res Judicata---State Court's Dismissal As A Bar To A New Suit On The Same Cause In A Federal Court Exercising Diversity Jurisdiction, Richard J. Archer
Michigan Law Review
A citizen of Virginia brought suit in a North Carolina court against a citizen of North Carolina for a deficiency judgment on a note executed in Virginia ·for the purchase of land in Virginia. Defendant's demurrer to the complaint on the ground that a North Carolina statute precluded recovery was - overruled; defendant appealed. In spite of plaintiff's contention that the statute was an invalid abridgment of the full faith and credit clause of Article IV of the Constitution of the United States, the North Carolina Supreme Court held that the statute effectively barred the action from the state courts …
Constitutional Law-Due Process Of Law-Freedom Of The Press To Criticize The Judiciary-Clear And Present Danger Test, Merrill N. Johnson
Constitutional Law-Due Process Of Law-Freedom Of The Press To Criticize The Judiciary-Clear And Present Danger Test, Merrill N. Johnson
Michigan Law Review
The editor and publisher of the Miami Herald published two editorials and a cartoon which inaccurately portrayed the local circuit court as willing to "accept, even go out to find, every possible technicality of the law to protect the defendant, to block, thwart, hinder, embarass and nullify prosecution" in certain criminal cases then before the court. They were cited in contempt of the circuit court for tending to obstruct and interfere with the impartial administration of justice. Found guilty of the charges, the petitioners appealed to the Florida Supreme Court, which affirmed the decision declaring that the object of the …
Jury -- Determination Of Damages By Appellate Court As Denial Of Right To Trial By Jury Given By Federal Law, William Burnett Harvey
Jury -- Determination Of Damages By Appellate Court As Denial Of Right To Trial By Jury Given By Federal Law, William Burnett Harvey
Articles by Maurer Faculty
No abstract provided.
Congressional Silence: A Tool Of Judicial Supremacy, Frank Edward Horack Jr.
Congressional Silence: A Tool Of Judicial Supremacy, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Abstracts, Mary Jane Plumer
Abstracts, Mary Jane Plumer
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.
Growth In The Constitution And Constitutional Law Since The Decision Of The Case Of West Coast Hotel Vs. Parrish, Hugh Evander Willis
Growth In The Constitution And Constitutional Law Since The Decision Of The Case Of West Coast Hotel Vs. Parrish, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
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.
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.
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.
Tendencies In American Constitutional Law, Hugh Evander Willis
Tendencies In American Constitutional Law, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Federal Courts - Review Of State Courts Decision Involving Federal And Nonfederal Ouestions, John C. Johnston
Federal Courts - Review Of State Courts Decision Involving Federal And Nonfederal Ouestions, John C. Johnston
Michigan Law Review
In exercising appellate jurisdiction over federal questions raised in the highest court of a state, the Supreme Court of the United States has refused to adopt the view that the existence of a federal question in the record or decision of the state court will empower it to decide every other question that is raised in the case. Correlated to this refusal to review the nonfederal question is the further self-imposed limitation that where the decision of the state court rests upon a nonfederal ground sufficient in itself to support the judgment of the state court, the Supreme Court will …
Constitutional Law - Trial By Jury - Right To Waive Presence Of Trial Judge, Robert P. Kneeland
Constitutional Law - Trial By Jury - Right To Waive Presence Of Trial Judge, Robert P. Kneeland
Michigan Law Review
Defendant was tried for the crime of driving a car while intoxicated. After the jury was instructed and had retired, the judge who had supervised the trial up to that point announced that he was going to another town to sit for a judge who was in poor health, but that a second judge would be available to receive the jury's verdict. Defendant's counsel failed to object to these arrangements. After the judge who heard the cause had left, the jury desired further instructions. As defendant objected to this request, however, it was denied. The second judge received the unqualified …
Courts Power To Compensate Attorneys
Courts Power To Compensate Attorneys
Indiana Law Journal
Notes and Comments: Constitutional Law
Constitutional Law - Criminal Law And Procedure - Right To Effective Assistance Of Counsel, Walter Muller
Constitutional Law - Criminal Law And Procedure - Right To Effective Assistance Of Counsel, Walter Muller
Michigan Law Review
Robbery of a Federal Reserve Bank and jeopardizing lives by the use of dangerous weapons were the charges brought against defendant in a federal district court. Ten months after being taken into custody, he was finally brought to trial. On the latter date, for the first time, the defendant expressed to the court a desire to engage different counsel because of recent difficulties he had had with his original choice. The defendant was the complaining petitioner in a pending disbarment proceeding against his attorney. But the record did not show that the defendant disclosed the nature of those differences to …
Constitutional Law - Psychopathic Proceeding - Due Process And Jury Trial, Michigan Law Review
Constitutional Law - Psychopathic Proceeding - Due Process And Jury Trial, Michigan Law Review
Michigan Law Review
Proceedings were brought against appellant under a Minnesota statute providing for commitment of psychopathic persons who showed habitual sexual misconduct. Appellant appealed to the state supreme court for a writ of prohibition, claiming denial of due process. Appellant's contentions were overruled and he appealed to the United States Supreme Court. Held, the statute did not deny due process. Minnesota ex rel. Pearson v. Probate Court, (U.S. 1940) 60 S. Ct. 523.
Constitution Making By The Supreme Court, Hugh Evander Willis
Constitution Making By The Supreme Court, Hugh Evander Willis
Indiana Law Journal
No abstract provided.
Contempt - Constitutional Law - Pardons - Power Of A Governor To Pardon For Contempt, W. Wallace Kent
Contempt - Constitutional Law - Pardons - Power Of A Governor To Pardon For Contempt, W. Wallace Kent
Michigan Law Review
Dolan and Quinn were indicted for crime, and while awaiting trial were cited for contempt because of alleged attempts to influence members of the jury panel who might be drawn to sit on the jury in the trials of Dolan and Quinn. They were convicted of contempt and committed to jail, from which they petitioned the governor for pardon. The governor and his council adopted an order requiring the opinion of the justices of the Supreme Judicial Court on the question whether the governor had power to pardon such a contempt. Held, these contempts were criminal in their nature …
Gibbons V. Ogden, Then And Now, Hugh Evander Willis
Gibbons V. Ogden, Then And Now, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Constitutional Law - Power Of Legislative Investigating Committee To Supersede Grand Jury, D. M. Swope
Constitutional Law - Power Of Legislative Investigating Committee To Supersede Grand Jury, D. M. Swope
Michigan Law Review
The court of quarter sessions of Dauphin County ordered a grand jury investigation of alleged criminal misconduct by civil officers of the commonwealth. The governor then issued a call for a special session of the legislature. When this body had convened, seven members of the House of Representatives were appointed a committee to investigate the charges against those civil officers liable to impeachment. This committee sought a writ of prohibition to restrain the quarter sessions court from proceeding with the grand jury investigation, in pursuance of a statute enacted at the special session of the legislature giving the legislative investigating …
Constitutional Law - Federal Courts - Law To Be Applied In Cases Of Diversity Of Citizenship - Swift V. Tyson Overrule, Frank B. Stone
Constitutional Law - Federal Courts - Law To Be Applied In Cases Of Diversity Of Citizenship - Swift V. Tyson Overrule, Frank B. Stone
Michigan Law Review
A recent personal injury case, Erie Railroad v. Tompkins, arose in the federal district court, based upon diversity of citizenship, in which the defendant urged that state judicial decisions of Pennsylvania, the locus delicti, imposed no liability on it for negligence to trespassers. The plaintiff denied that such was the Pennsylvania law and alternatively replied that the issue of law was one to be determined by the federal court without regard to the law of Pennsylvania. On April 25, 1938, a verdict for the plaintiff was unanimously set aside by the Supreme Court. Two members, Justices Butler and McReynolds, …
The Part Of The United States Constitution Made By The Supreme Court, Hugh Evander Willis
The Part Of The United States Constitution Made By The Supreme Court, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Constitutional Law - Separation Of Powers - Power Of The Courts And Legislature To Regulate The Practice Of Law And Procedure, Peter S. Boter
Constitutional Law - Separation Of Powers - Power Of The Courts And Legislature To Regulate The Practice Of Law And Procedure, Peter S. Boter
Michigan Law Review
In theory, the doctrine of separation of powers presents a governmental system with spheres of power for each department, separated by clear lines of demarcation. Yet in practice it does not follow that a complete separation of powers could be effected or would be desirable. The concurrent exercise of a power by two coordinate branches of a government may result in conflicting regulations and also in charges that the exercise of the power by one department is an unconstitutional encroachment on the powers to be exercised by another and coordinate department. This situation is present in the concurrent exercise of …