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Articles 61 - 86 of 86
Full-Text Articles in Fourteenth Amendment
Loretto V. Teleprompter, Lewis F. Powell Jr.
Loretto V. Teleprompter, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Agins V. City Of Tiburon, Lewis F. Powell Jr.
Agins V. City Of Tiburon, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Is The Exclusionary Rule An 'Illogical' Or 'Unnatural' Interpretation Of The Fourth Amendment?, Yale Kamisar
Is The Exclusionary Rule An 'Illogical' Or 'Unnatural' Interpretation Of The Fourth Amendment?, Yale Kamisar
Articles
More than 50 years have passed since the Supreme Court decided the Weeks case, barring the use in federal prosecutions of evidence obtained in violation of the Fourth Amendment, and the Silverthorne case, invoking what has come to be known as the "fruit of the poisonous tree" doctrine. The justices who decided those cases would, I think, be quite surprised to learn that some day the value of the exclusionary rule would be measured by-and the very life of the rule might depend on-an empirical evaluation of its efficacy in deterring police misconduct. These justices were engaged in a less …
Penn Central Transportation Company V. New York City, Lewis F. Powell Jr.
Penn Central Transportation Company V. New York City, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Michigan V. Tucker, Lewis F. Powell Jr.
Michigan V. Tucker, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Lefkowitz V. Turley, Lewis F. Powell Jr.
Lefkowitz V. Turley, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Police Interrogation And The Supreme Court--The Latest Round, Jerold H. Israel
Police Interrogation And The Supreme Court--The Latest Round, Jerold H. Israel
Book Chapters
My first task is to explain to some degree the nature of the problem embodied in our title. This book has been designated as "Escobedo-The Second Round." What we will be discussing is a series of cases, decided in June, 1966, the most noteworthy of which is Miranda v. Arizona [384 U.S. 436 (1966)]. In these cases, the United States Supreme Court prescribed a new set of standards governing the introduction in evidence of statements obtained from the defendant through police interrogation. Actually, to a degree these standards were not entirely new. They had been suggested, at least in part, …
Has The Court Left The Attorney General Behind? The Bazelon-Katzenbach Letters On Poverty, Equality, And The Administration Of Criminal Justice, Yale Kamisar
Articles
Distribution of the first preliminary draft of the proposed American Law Institute Model Code of Pre-Arraignment Procedure last June touched off a brisk exchange of letters between Chief Judge David Bazelon of the United States Court of Appeals for the District of Columbia Circuit, who maintained that the proposed code left a good deal to be desired, and Attorney General Nicholas deB. Katzenbach, who, although he did not explicitly treat any provision of the preliminary draft, sharply challenged the conception of equality underlying Bazelon's criticism of it. By now, both the code, and the Bazelon-Katzenbach correspondence which it evoked, are …
Conditioning Of Relief From Unenforceable Judgment Upon Showing Of Meritorious Defense To Claim Upon Which It Was Entered Can Deny Due Process Of Law--Armstrong V. Manzo, Michigan Law Review
Conditioning Of Relief From Unenforceable Judgment Upon Showing Of Meritorious Defense To Claim Upon Which It Was Entered Can Deny Due Process Of Law--Armstrong V. Manzo, Michigan Law Review
Michigan Law Review
When petitioner and his wife were divorced in 1959 she received custody of their minor daughter, and he was ordered to contribute fifty dollars per month toward the child's support. The wife remarried and, two years after the divorce, joined in proceedings initiated by her new husband in a Texas court to adopt the child. The adoption petition alleged that, during the two-year period, petitioner had failed to support the child in a manner commensurate with his ability. Under Texas law, proof of such a charge against a natural father makes his consent to the adoption of his child unnecessary. …
Public Control Of Private Sectarian Institutions Receiving Public Funds, Richard B. Rogers
Public Control Of Private Sectarian Institutions Receiving Public Funds, Richard B. Rogers
Michigan Law Review
This comment will examine the recent judicial and legislative developments which could result in federal controls limiting religious practices in private sectarian educational and welfare institutions.
State Action, State Law, And The Private Hospital, Mary Mandana Long
State Action, State Law, And The Private Hospital, Mary Mandana Long
Michigan Law Review
On March 2, 1964, the United States Supreme Court denied a petition to review by certiorari the decision in Simkins v. Moses H. Cone Memorial Hosp. By declining to review the case the Supreme Court left unaffected the holding of the Court of Appeals for the Fourth Circuit that two private hospitals which had participated in the Hill-Burton program of federal hospital assistance were sufficiently involved with governmental action, both state and federal, to bring their conduct within the fifth and fourteenth amendment prohibitions against racial discrimination. This decision will probably affect all of the 3,346 private, non-profit hospitals in …
Constitutional Law-Eminent Domain-Master Flight Plan As A Taking Of Land Under Approach Area To Municipal Airport, Ralph L. Wright S. Ed
Constitutional Law-Eminent Domain-Master Flight Plan As A Taking Of Land Under Approach Area To Municipal Airport, Ralph L. Wright S. Ed
Michigan Law Review
Plaintiff owned land adjacent to the Greater Pittsburgh Airport which lay under an approach area for one of the runways. Allegheny County, in compliance with rules and regulations of the Civil Aeronautics Authority, drafted a "Master Plan," approved by the CAA, which showed the approach area over part of plaintiff's property. Plaintiff sued to recover damages from the county, owner and operator of the airport, alleging an appropriation of his land because of the substantial interference with its use and enjoyment caused by flights at low altitudes above his land during landings and take-offs. Upon an award of damages by …
Habeas Corpus - Procedural Prerequisites - Motion Denied For Failure To Appeal Convicion Despite Failure Being Excusable, Harvey O. Mierke Jr.
Habeas Corpus - Procedural Prerequisites - Motion Denied For Failure To Appeal Convicion Despite Failure Being Excusable, Harvey O. Mierke Jr.
Michigan Law Review
Plaintiff was convicted of robbery in a federal district court and, although represented by counsel, failed to appeal within the statutory ten-day period. Three months later he filed a motion in the same court under section 2255 of the judicial code to vacate the sentence on the ground that the conviction, because it was based on a coerced confession, was unconstitutionally obtained without due process of law. The motion was denied and the denial affirmed, in the absence of any attempt to excuse the failure to appeal. On reargument, plaintiff attempted to excuse his failure to appeal by alleging that …
Constitutional Law - Due Process - Summary Dismissal Of A State Employee Who Invokes Fifth Amendment Before A Congressional Committee, John L. Peschel
Constitutional Law - Due Process - Summary Dismissal Of A State Employee Who Invokes Fifth Amendment Before A Congressional Committee, John L. Peschel
Michigan Law Review
While employed as a social worker by the County of Los Angeles, Globe was subpoenaed to appear before a subcommittee of the House Un-American Activities Committee. California law imposed a duty on public employees to appear before certain tribunals and answer questions within specified categories, including an inquiry by a committee of the United States Congress as to past or present membership in the Communist Party. Failure to comply with the statute constituted insubordination, which would result in dismissal "in the manner provided by law." Because Globe had not yet acquired tenure, he was not entitled under civil service rules …
Constitutional Law - Due Process - Dismissal Of State Employees For Refusal To Answer Questions Concerning Membership In Communist Organizations, Roger W. Findley
Constitutional Law - Due Process - Dismissal Of State Employees For Refusal To Answer Questions Concerning Membership In Communist Organizations, Roger W. Findley
Michigan Law Review
In companion cases state employees of Pennsylvania and New York were dismissed on grounds of "incompetency" and "doubtful trust and reliability" for refusing to answer questions by superiors concerning membership in communist organizations. Petitioner Beilan also invoked the Fifth Amendment at a hearing by a congressional investigating committee between the time he refused to answer his superior and the time he was dismissed. Appellant Lerner had invoked the Fifth Amendment when he refused to answer the questions asked by city officials. The highest courts of the states upheld the dismissals, making it clear that they were based on refusal to …
The Fourteenth Amendment Reconsidered, The Segregation Question, Alfred H. Kelly
The Fourteenth Amendment Reconsidered, The Segregation Question, Alfred H. Kelly
Michigan Law Review
Some sixty years ago in Plessy v. Ferguson the Supreme Court of the United States adopted the now celebrated "separate but equal" doctrine as a constitutional guidepost for state segregation statutes. Justice Brown's opinion declared that state statutes imposing racial segregation did not violate the Fourteenth Amendment, provided only that the statute in question guaranteed equal facilities for the two races. Brown's argument rested on a historical theory of the intent, although he offered no evidence to support it. "The object of the amendment," he said, "was undoubtedly to enforce the absolute equality of the two races before the law, …
Problems In The Removal Of Federal Civil Servants, Ivor L. M. Richardson
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 - Public Use Requirement And The Power Of Eminent Domain, Donald F. Oosterhouse S.Ed.
Constitutional Law - Public Use Requirement And The Power Of Eminent Domain, Donald F. Oosterhouse S.Ed.
Michigan Law Review
Under the District of Columbia Redevelopment Act, an agency was created to redevelop blighted and slum areas. Pursuant to the mode of operation prescribed in the statute, the agency intended to purchase or take by eminent domain all the property in the vicinity of appellant's property. After getting title to all the property the agency was to lease or sell it to private enterprisers to redevelop the area according to the agency's comprehensive plan, which specified definite boundaries for various uses. Appellant brought this action to enjoin the condemnation of his business property, claiming that the statute was unconstitutional because …
Legislation - Requirement Of Definiteness In Statutory Standards, Robert B. Krueger S.Ed.
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.
The School Segregation Cases: A Comment, Paul H. Sanders
The School Segregation Cases: A Comment, Paul H. Sanders
Vanderbilt Law Review
Segregation in the public schools on the basis of race or color pursuant to law has been declared unconstitutional by the Supreme Court of the United States.' Such segregation, the Court says, violates the Equal Protection Clause of the Fourteenth Amendment and the Due Process Clause of the Fifth Amendment of the Constitution of the United States. The unanimous opinions of the Court delivered by Chief Justice Warren, declare this to be so regardless of the "equality" of the "tangible factors" in such educational facilities. This action, of paramount significance during the term just ended, will have a sequel of …
Constitutional Law--Due Process And The Bill Of Rights--Self-Incrimination, F. William Hutchinson
Constitutional Law--Due Process And The Bill Of Rights--Self-Incrimination, F. William Hutchinson
Michigan Law Review
In the course of evolving workable doctrines which give substance and meaning to the skeletal phrase "due process of law" as used in the Fourteenth Amendment to limit state action, the Supreme Court has frequently been called on to determine the scope of the several prohibitions and guarantees of the Bill of Rights of the federal Constitution. This general problem, and more particularly the application of the Fifth Amendment self-incrimination clause to state criminal proceedings, was again presented in a recent case and resulted in a sharp division of opinion within the Court.
Criminal Law And Procedure - Appeal By State - Constitutionality Of Statutes-Due Process Of Law, Edward D. Ransom
Criminal Law And Procedure - Appeal By State - Constitutionality Of Statutes-Due Process Of Law, Edward D. Ransom
Michigan Law Review
Developing as a result of a period when an accused person was placed at a tremendous disadvantage at the hands of tyrannical judges exercising an unconscionable abuse of power, the concept that no person shall "be subject for the same offence to be twice put in jeopardy of life or limb" was put into the Fifth Amendment of the Federal Constitution and into many of the state constitutions. As a part of this double jeopardy concept, the American courts, from the first, established the rule that the state should not be allowed to appeal in a criminal prosecution. The accused, …
Eminent Domain - Public Housing And Slum Clearance As A "Public Use", Wayne E. Babler
Eminent Domain - Public Housing And Slum Clearance As A "Public Use", Wayne E. Babler
Michigan Law Review
The recent legislation providing for housing and slum clearance raises the interesting and practical problem of whether a taking of land for such housing and slum clearance purposes by means of an eminent domain proceeding is condemnation for a "public use," within the meaning of that term in eminent domain proceedings. Such a taking was held to be for a public use in the recent case of Spahn v. Stewart.
Administrative Tribunals -Workmen's Compensation - Scope Of Federal Judicial Review Under Longshoremen's And Harbor Workers' Compensation Act
Michigan Law Review
The recent decision of Crowell v. Benson by the United States Supreme Court throws interesting light on the constitutionality of delegating final fact-finding powers to administrative tribunals. The case arose under the Longshoremen's and Harbor Workers' Compensation Act which gives deputy commissioners full authority to hear and determine all questions in respect to claims for compensation for disability or death resulting from injuries occurring on the navigable waters of the United States/ The act further provides that if the compensation order is "not in accordance with law" it "may be suspended or set aside in whole or in part, through …
Due Process Of Law Under The United States Constitution, Hugh Evander Willis
Due Process Of Law Under The United States Constitution, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Tax On Income Received From Foreign Sources
Tax On Income Received From Foreign Sources
Michigan Law Review
In the recently decided case of Cook v. Tait, 44 Sup. Ct. 444, the Supreme Court of the United States decided that the federal government could lawfully tax the income of a citizen of the United States, although the citizen was domiciled in Mexico, and the income came from real and personal property there situated. Suppose instead of the federal income tax, a state tax on incomes had been involved. A Michigan man, say, has among his other sources of revenue, a house and lot in Cleveland which is rented at a price which insures him a comfortable addition …