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Articles 3001 - 3030 of 3158

Full-Text Articles in Fourteenth Amendment

Criminal Law-Confessions And Due Process, Harold G. Christensen S. Ed. Apr 1951

Criminal Law-Confessions And Due Process, Harold G. Christensen S. Ed.

Michigan Law Review

Petitioner was arrested on suspicion of robbery and the next day confessed the theft of a car owned by a person who had been found dead a month previous. On the following evening, after a four and one-half hour "interview" with two F.B.I. agents, he "broke down and confessed the killing." Other confessions were made the next day and finally, after a detention of five days from the day of arrest, petitioner was taken before a committing magistrate. He was found guilty of murder at a trial in which these confessions were used against him. He sued out a writ …


Criminal Law-Confessions And Due Process, Harold G. Christensen S. Ed. Apr 1951

Criminal Law-Confessions And Due Process, Harold G. Christensen S. Ed.

Michigan Law Review

Petitioner was arrested on suspicion of robbery and the next day confessed the theft of a car owned by a person who had been found dead a month previous. On the following evening, after a four and one-half hour "interview" with two F.B.I. agents, he "broke down and confessed the killing." Other confessions were made the next day and finally, after a detention of five days from the day of arrest, petitioner was taken before a committing magistrate. He was found guilty of murder at a trial in which these confessions were used against him. He sued out a writ …


Constitutional Law-Fourteenth Amendment-Discrimination In Selection Of Grand Jurors, Alan C. Boyd S. Ed. Mar 1951

Constitutional Law-Fourteenth Amendment-Discrimination In Selection Of Grand Jurors, Alan C. Boyd S. Ed.

Michigan Law Review

Defendant's conviction of murder was affirmed by the Texas Court of Criminal Appeals, which rejected defendant's claim that discrimination in selection of the indicting grand jury had violated his constitutional rights. Defendant pointed out that the Negro proportion of grand jurors had uniformly been less than the ratio of Negroes to the total population of the county, and that on the past twenty-one lists the commissioners had consistently limited the number of Negroes to not more than one on each grand jury. On certiorari to the United States Supreme Court, held, reversed. Limitation of the number of Negroes on …


Constitutional Law—Application Of "Separate But Equal" Facilities Standard To Racial Segregation In Education. [Sweatt V. Painter, U.S. Sup. Ct. 1950], Willis M. Anderson Mar 1951

Constitutional Law—Application Of "Separate But Equal" Facilities Standard To Racial Segregation In Education. [Sweatt V. Painter, U.S. Sup. Ct. 1950], Willis M. Anderson

Washington and Lee Law Review

No abstract provided.


Constitutional Law-Scope Of Police Power As Basis For Regulation Of Practice Of Professions [State V. Boren, Wash. 1950] Mar 1951

Constitutional Law-Scope Of Police Power As Basis For Regulation Of Practice Of Professions [State V. Boren, Wash. 1950]

Washington and Lee Law Review

No abstract provided.


Habeas Corpus-Exhaustion Of State Remedies-Denial Of Certiorari By Supreme Court As Condition To Obtaining Original Writ In Federal District Court, B. J. George, Jr. S. Ed. Feb 1951

Habeas Corpus-Exhaustion Of State Remedies-Denial Of Certiorari By Supreme Court As Condition To Obtaining Original Writ In Federal District Court, B. J. George, Jr. S. Ed.

Michigan Law Review

The expanded concept of due process of law under the Fourteenth Amendment during the past thirty years has brought increased inquiry by the federal courts into state criminal procedure. A common method of bringing such matters to the Supreme Court's attention has been the use of habeas corpus, particularly following confinement. But this increased vigilance over state criminal procedure has wrought an increasingly tender conscience on the part of the federal courts over resulting interference with state court systems. The theoretical problem has been further amplified on the practical level by the flood of petitions, largely frivolous or perjured, by …


Citizenship-Intent Required For Expatriation, Willis B. Snell S. Ed. Feb 1951

Citizenship-Intent Required For Expatriation, Willis B. Snell S. Ed.

Michigan Law Review

In recent years, many cases have involved the question whether an American citizen has expatriated himself by his actions. Expatriation in the United States is now covered by statute, but the courts, in construing these statutes, have faced a recurrent problem as to what intent on the part of the citizen is required to effect expatriation. To interpret the present doctrine, it is necessary to examine the history of expatriation, the statutes, and the various situations in which the question of intent has arisen.


Equal Facilities In Legal Education Under The Equal Protection Clause--Epps V. Carmichael, Myer S. Tulkoff Jan 1951

Equal Facilities In Legal Education Under The Equal Protection Clause--Epps V. Carmichael, Myer S. Tulkoff

Kentucky Law Journal

No abstract provided.


Federal Habeas Corpus And The Equal Protection Clause Jan 1951

Federal Habeas Corpus And The Equal Protection Clause

Indiana Law Journal

No abstract provided.


The Gerrymander And Judicial Abstention-An Important Distinction Between Political Questions And The Discretionary Power To Deny Equitable Relief Jan 1951

The Gerrymander And Judicial Abstention-An Important Distinction Between Political Questions And The Discretionary Power To Deny Equitable Relief

Indiana Law Journal

No abstract provided.


State Constitutions, State Courts And First Amendment Freedoms, Monrad G. Paulsen Jan 1951

State Constitutions, State Courts And First Amendment Freedoms, Monrad G. Paulsen

Articles by Maurer Faculty

No abstract provided.


The Blaine Amendment And The Bill Of Rights, Alfred W. Meyer Jan 1951

The Blaine Amendment And The Bill Of Rights, Alfred W. Meyer

Articles by Maurer Faculty

No abstract provided.


Aliens-Naturalization-"Good Moral Character" Under The Nationality Act, Jean Engstrom S.Ed. Dec 1950

Aliens-Naturalization-"Good Moral Character" Under The Nationality Act, Jean Engstrom S.Ed.

Michigan Law Review

Petitioner owned and operated a saloon but, because operators' licenses are not issued to aliens in Louisiana, he had obtained his license in his son's name since 1943. From 1923 to 1942 he was convicted of five liquor law violations: two acts were punished by both state and federal authorities in 1923 and 1924; the fifth conviction was for violation of the Sunday laws in 1942. He had been arrested at other times for liquor violations and for operating slot machines, but the record showed no disposition of these cases. He had lived in Louisiana for forty-six years, and his …


Constitutional Law—Damages Judgment For Breach Of Racial Restrictive Covenant As Violation Of Fourteenth Amendment. [Weiss V. Leaon, Mo. 1949] Sep 1950

Constitutional Law—Damages Judgment For Breach Of Racial Restrictive Covenant As Violation Of Fourteenth Amendment. [Weiss V. Leaon, Mo. 1949]

Washington and Lee Law Review

No abstract provided.


Constitutional Law-Due Process-Right Of Condemned Prisoner To A Hearing On Claim Of Supervening Insanity, Robert P. Griffin S.Ed. Jun 1950

Constitutional Law-Due Process-Right Of Condemned Prisoner To A Hearing On Claim Of Supervening Insanity, Robert P. Griffin S.Ed.

Michigan Law Review

Petitioner was convicted of murder in a Georgia court and sentenced to die by electrocution. He made application to the governor to postpone execution on the ground that he had become insane after conviction. The governor, acting under authority of a state statute, appointed three physicians who conducted an examination of petitioner and found him sane. Thereupon, petitioner filed a petition for a writ of habeas corpus in a state court contending that the due process clause of the Fourteenth Amendment entitled him to a hearing on his insanity claim before a judicial or administrative tribunal at which he could …


Constitutional Law - Substantial Equality In Public Schools, A. Robert Doll May 1950

Constitutional Law - Substantial Equality In Public Schools, A. Robert Doll

William and Mary Review of Virginia Law

No abstract provided.


Constitutional Law-Corporations-Artificial "Persons" And The Fourteenth Amendment, Robert P. Griffin S.Ed. May 1950

Constitutional Law-Corporations-Artificial "Persons" And The Fourteenth Amendment, Robert P. Griffin S.Ed.

Michigan Law Review

That a corporation is a "person" for certain purposes within the meaning of the Fourteenth Amendment, and therefore entitled to invoke its protection, is considered by students of constitutional law to be well settled. For that reason the dissent of Justice Douglas in the recent case of Wheeling Steel Corporation v. Glander demands more than passing recognition. Therein he restates and adds his support to the view of Justice Black that the word "person" as used in the Fourteenth Amendment refers exclusively to human beings and affords no protection whatsoever to corporations against arbitrary state action.


The Tangibles-Intangibles Distinction Apr 1950

The Tangibles-Intangibles Distinction

Indiana Law Journal

Recent Cases: Taxation


Constitutional Law-Applicability Of Due Process Clause To Prohibit Admission Of Illegally Obtained Evidence In State Court Trial [Wolf V. Colorado, U. S. Sup. Ct. 1949]. Mar 1950

Constitutional Law-Applicability Of Due Process Clause To Prohibit Admission Of Illegally Obtained Evidence In State Court Trial [Wolf V. Colorado, U. S. Sup. Ct. 1949].

Washington and Lee Law Review

No abstract provided.


Constitutional Law-Inclusion Of Corporation As "Person" Within Meaning Of Equal Protection Clause [Wheeling Steel Corp. V. Glander, U. S. Sup. Ct 1949] Mar 1950

Constitutional Law-Inclusion Of Corporation As "Person" Within Meaning Of Equal Protection Clause [Wheeling Steel Corp. V. Glander, U. S. Sup. Ct 1949]

Washington and Lee Law Review

No abstract provided.


Constitutional Law-Due Process-Right To Counsel In State Courts, Charles Myneder Feb 1950

Constitutional Law-Due Process-Right To Counsel In State Courts, Charles Myneder

Michigan Law Review

Petitioner was tried before a jury on a charge of larceny, convicted and sentenced to a penitentiary term. He did not request counsel, and the court made no offer to appoint counsel. In the course of the trial, petitioner was prejudiced by his failure to object to certain errors in evidence. In a petition for habeas corpus in the Supreme Court of Pennsylvania, he alleged denial of a constitutional right of counsel. On answer, it was averred that in petitioner's conduct of his own defense he displayed a "familiarity with legal process in the criminal courts." A transcript of petitioner's …


The Persistence Of Substantive Due Process In The States, Monrad G. Paulsen Jan 1950

The Persistence Of Substantive Due Process In The States, Monrad G. Paulsen

Articles by Maurer Faculty

No abstract provided.


Constitutional Law-Equal Protection-Foreign Corporations-Discriminatory Intangibles Tax, Robert P. Griffin S.Ed. Dec 1949

Constitutional Law-Equal Protection-Foreign Corporations-Discriminatory Intangibles Tax, Robert P. Griffin S.Ed.

Michigan Law Review

An Ohio statute required foreign corporations doing business within the state to pay an ad valorem tax on accounts receivable which arose through outstate sales of goods shipped from warehouses within the state, even though the sales were consummated by an agent maintaining his office without the state. Such intangibles were declared by the Ohio statutory formula to have a situs within the state. At the same time, the accounts receivable of Ohio residents and domestic corporations which were derived from outstate sales by agents having their offices without the state were exempt, even though the goods were shipped from …


Constitutional Law-Due Process Of Law-Freedom From Unreasonable Search And Seizure-The Admissibility Of Illegally Seized Evidence, Bernard Goldstone S.Ed. Nov 1949

Constitutional Law-Due Process Of Law-Freedom From Unreasonable Search And Seizure-The Admissibility Of Illegally Seized Evidence, Bernard Goldstone S.Ed.

Michigan Law Review

Local police officers entered the private office of petitioner, a practising physician, without a warrant and seized his private books and records. As a result of the information thus obtained, petitioner was convicted of conspiracy to perform an abortion. Petitioner claimed that his constitutional rights were invaded contending that due process of law under the Fourteenth Amendment includes freedom from unreasonable search and seizure and prevents the admission of illegally seized evidence, but this was denied by the Supreme Court of Colorado and the conviction was affirmed. On certiorari to the Supreme Court of the United States, held, affirmed, …


Constitutional Law-Equal Protection-Traffic Regulation Forbidding Advertising On Moving Vehicles, W. M. Myers S.Ed. Nov 1949

Constitutional Law-Equal Protection-Traffic Regulation Forbidding Advertising On Moving Vehicles, W. M. Myers S.Ed.

Michigan Law Review

A traffic regulation of the City of New York provides that "[n]o person shall operate, or cause to be operated, in or upon any street an advertising vehicle; provided that nothing herein contained shall prevent the putting of business notices upon business delivery vehicles, so long as such vehicles are engaged in the usual business or regular work of the owner and not used merely or mainly for advertising.'' Railway Express Agency, Inc., which owns and operates about 1,900 trucks in New York City, sold the space on the exteriors of these trucks for advertising unconnected with its own business. …


Labor Law-Constitutional Law-State Anti-Closed Shop Legislation Upheld, Jerry S. Mccroskey S. Ed. Apr 1949

Labor Law-Constitutional Law-State Anti-Closed Shop Legislation Upheld, Jerry S. Mccroskey S. Ed.

Michigan Law Review

Appellant, a local union of the American Federation of Labor, sought a declaratory judgment and equitable relief in the Nebraska courts as a result of appellee's refusal to discharge certain employees who had failed to maintain membership in the union. The employer relied on an anti-closed shop amendment to the Nebraska Constitution forbidding discrimination in employment on the basis of affiliation with a union and prohibiting contracts for this purpose. Appellant's assertions of invalidity of the amendment under the Federal Constitution were rejected by the state courts. Upon appeal to the United States Supreme Court, held affirmed, all justices concurring. …


Constitutional Law-Due Process-Federal Right To Counsel In Non-Capital Cases In State Courts, J. D. Mcleod Mar 1949

Constitutional Law-Due Process-Federal Right To Counsel In Non-Capital Cases In State Courts, J. D. Mcleod

Michigan Law Review

Petitioner was convicted in Illinois on pleas of guilty to two indictments charging him with a non-capital offense. On writ of error to the Supreme Court of Illinois, petitioner alleged that the trial court had not inquired into his desire or ability to have counsel and that he had been convicted without having had assistance of counsel. His contention that the circumstances alleged constituted a violation of the State and Federal Constitutions was overruled, and the judgments of the lower court affirmed. On certiorari to the United States Supreme Court, held affirmed. The due process clause of the Fourteenth Amendment …


Constitutional Law-Due Process-Right Of Prisoner Condemned To Death To Hearing On His Sanity, E. Blythe Stason Jr. Mar 1949

Constitutional Law-Due Process-Right Of Prisoner Condemned To Death To Hearing On His Sanity, E. Blythe Stason Jr.

Michigan Law Review

Petitioner, sentenced to death in California for murder, obtained a judicial stay of execution on the ground that he had become insane since sentence had been passed. Eighteen days later he was certified as sane by the medical superintendent of the state hospital, who made this determination by an ex parte examination without giving petitioner notice or opportunity of hearing. A new date for execution was then set. The applicable statute provided a procedure, enforceable by mandamus, whereby a sentenced prisoner could obtain a hearing on his sanity. The petitioner, without seeking mandamus to compel the warden to act, applied …


Habeas Corpus-Federal Courts-Exhaustion Of State Remedies, E. W. Rothe, Jr. Mar 1949

Habeas Corpus-Federal Courts-Exhaustion Of State Remedies, E. W. Rothe, Jr.

Michigan Law Review

Petitioner's writ of habeas corpus, alleging denial of due process of law in violation of the Fourteenth Amendment, was quashed on the merits by an inferior Florida court whose action was affirmed without opinion by the Florida Supreme Court. It was impossible to ascertain whether the affirmance was on the merits or on the ground that, under Florida law, habeas corpus was not the proper procedure to raise the due process issue. A later decision by the Florida Supreme Court clearly established that the prior case had been decided on the merits of the constitutional question, and that habeas corpus …


Meiklejohn: Free Speech And Its Relation To Self-Government, Michigan Law Review Mar 1949

Meiklejohn: Free Speech And Its Relation To Self-Government, Michigan Law Review

Michigan Law Review

A Review of FREE SPEECH AND ITS RELATION TO SELF-GOVERNMENTBy Alexander Meiklejohn.