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Articles 451 - 480 of 497
Full-Text Articles in Jurisdiction
Court, Congress, And Reapportionment, Robert B. Mckay
Court, Congress, And Reapportionment, Robert B. Mckay
Michigan Law Review
In the United States, governmental power is divided vertically between nation and states and horizontally, at the national level, among the executive, legislative, and judicial branches. The Constitution leaves the lines of demarcation deliberately imprecise. Thus, from the beginning it was easy to predict that among those holders of power there would be tension (at least), conflict (probably), or total collapse (a possibility). The miracle of the American governmental system, with just this complexity and lack of definition, is the fact of its survival. It is not at all surprising that there have been a number of crises, some of …
Congressional Apportionment: The Unproductive Search For Standards And Remedies, Michigan Law Review
Congressional Apportionment: The Unproductive Search For Standards And Remedies, Michigan Law Review
Michigan Law Review
The increasingly complex problems of elucidating congressional apportionment standards and granting appropriate relief when voting rights have been materially diluted were again brought to the fore in the recent districting decision of Calkins v. Hare. This federal district court decision is illustrative of the uncertainty caused by the Supreme Court's opinion in the landmark case of Wesberry v. Sanders. Although Wesberry resolved two previously contested issues by ruling that congressional apportionment disputes are susceptible of judicial determination and by setting a standard of population equality in delimiting districts, two associated questions were left unanswered. First, even though Wesberry …
Reapportionment In The Supreme Court And Congress: Constitutional Struggle For Fair Representation, Robert G. Dixon Jr.
Reapportionment In The Supreme Court And Congress: Constitutional Struggle For Fair Representation, Robert G. Dixon Jr.
Michigan Law Review
Fair representation is the ultimate goal. At the time of the Reapportionment Decisions, much change was overdue in some states, and at least some change was overdue in most states. We are a democratic people and our institutions presuppose according population a dominant role in formulas of representation. However, by its exclusive focus on bare numbers, the Court may have transformed one of the most intricate, fascinating, and elusive problems of democracy into a simple exercise of applying elementary arithmetic to census data. In so doing, the Court may have disabled itself from effectively considering the more subtle issues …
Child Custody In A Federal System, Leonard G. Ratner
Child Custody In A Federal System, Leonard G. Ratner
Michigan Law Review
Among the most difficult of judicial functions is the determination of a child's custody after its parents have separated. The difficulties are acute enough when all the parties remain in the same place; when the parties are in different states, an additional perplexing problem arises as to which state should have authority to make the custody decision. This broad question can be resolved into three distinct though interrelated issues: (1) what state may initially determine custody; (2) what state may later modify that determination; (3) to what extent is such a determination binding on other states.
Federal Jurisdiction-Three-Judge Courts-The Recent Evolution In Jurisdiction And Appellate Review, Peter W. Williamson S.Ed.
Federal Jurisdiction-Three-Judge Courts-The Recent Evolution In Jurisdiction And Appellate Review, Peter W. Williamson S.Ed.
Michigan Law Review
This comment seeks to analyze each decision against its historical background. No more than a proforma attempt will be made to integrate one decision with the others, for sufficient material is not yet available to predict with any accuracy the Court's ultimate achievements in this important area of federal civil procedure.
Political Thickets And Crazy Quilts: Reapportionment And Equal Protection, Robert B. Mckay
Political Thickets And Crazy Quilts: Reapportionment And Equal Protection, Robert B. Mckay
Michigan Law Review
If asked to identify the two most important cases decided by the Supreme Court of the United States in the twentieth century, informed observers would be likely to name, in whichever order, Brown v. Board of Education and Baker v. Carr.
Legislative Apportionment And Representative Government: The Meaning Of Baker V. Carr, Jo Desha Lucas
Legislative Apportionment And Representative Government: The Meaning Of Baker V. Carr, Jo Desha Lucas
Michigan Law Review
In three recent cases the Supreme Court has reopened the question of the extent to which federal courts will review the general fairness of state schemes of legislative apportionment. It is a question on which the Court has had nothing to say for over a decade, leaving the bar to patch together the current state of the law from the outcome of cases disposed of without opinion considered against a backdrop of language used in earlier decisions.
The Constitution And Contempt Of Court, Ronald Goldfarb
The Constitution And Contempt Of Court, Ronald Goldfarb
Michigan Law Review
Few legal devices find conflict within the lines of our Constitution with the ubiquity of the contempt power. These conflicts involve issues concerning the governmental power structure such as the separation of powers and the delicate balancing of federal-state relations. In addition, there are civil rights issues attributable to the conflict between the use of the contempt power and such vital procedural protections as the right to trial by jury, freedom from self-incrimination, double jeopardy, and indictment-to name only the most recurrent and controversial examples. Aside from these problems, there are other civil liberties issues, such as those involving freedom …
Guides To Harmonizing Section 5 Of The Federal Trade Commission Act With The Sherman And Clayton Acts, S. Chesterfield Oppenheim
Guides To Harmonizing Section 5 Of The Federal Trade Commission Act With The Sherman And Clayton Acts, S. Chesterfield Oppenheim
Michigan Law Review
This topic is a constellation of antitrust highlights. Within the past five years the Federal Trade Commission has ventured into borderlands of its claim of jurisdiction under section 5 of the Federal Trade Commission Act in testing the scope of section 5 itself and its relation to the Commission's jurisdiction under the Sherman and Clayton Acts.
Escheat - Abandoned Property - Full Faith And Credit As A Bar To Multiple Escheat Of Intangibles, Clarold L. Britton S.Ed.
Escheat - Abandoned Property - Full Faith And Credit As A Bar To Multiple Escheat Of Intangibles, Clarold L. Britton S.Ed.
Michigan Law Review
Escheat of abandoned or unclaimed property by the sovereign is as old as the common law. Recast in constitutional form, this ancient right of kings has become a significant source of revenue in an increasing number of American states. While the right of escheat is inherent in the power of a sovereign, its exercise requires specific legislative authority. Until recently this authority was sparingly given and escheat was generally limited to the administration of estates and abandoned tangible property. However, in this past decade, state legislatures have greatly expanded the scope and extent of escheat by authorizing the escheat of …
No-Strike Clauses In The Federal Courts, Frank H. Stewart
No-Strike Clauses In The Federal Courts, Frank H. Stewart
Michigan Law Review
One consideration will support several promises. A promisor may extract more than one promise in return for his single undertaking to do - or not to do. It depends upon his bargaining power. His single undertaking may be so valuable that several promises are necessary to induce him to act, or not to act. He is privileged to hold out for the best deal. The law does not examine his motives or reduce his demands. And from this arises the common- law principle that one consideration may support several promises.
Attachment And Garnishment In The Federal Courts, Brainerd Currie
Attachment And Garnishment In The Federal Courts, Brainerd Currie
Michigan Law Review
Personal injuries allegedly caused by the negligent manufacture of safety fuses used in blasting operations in a coal mine were suffered by Raymond Davis, apparently a citizen of Arkansas. The manufacturer, Ensign-Bickford Company, was a Connecticut corporation that could not be personally served with process within Arkansas. But it happened that two foreign corporations, amenable to process in the state, were indebted in substantial amounts to Ensign-Bickford Company. Accordingly, counsel for Davis, invoking the diversity jurisdiction, filed an action in the District Court for the Western District of Arkansas. Without issue of summons, the plaintiff, in conformity with Arkansas statutes, …
"Federal Question" Jurisdiction -- A Snare And A Delusion, Ernest J. London
"Federal Question" Jurisdiction -- A Snare And A Delusion, Ernest J. London
Michigan Law Review
Poorly defined criteria in the area of jurisdiction are especially wasteful, generating as they often do expensive and protracted litigation over threshold issues, rather than promoting the speedy determination of lawsuits on their merits. One of the most perplexing exercises in American law practice is the effort to define with certainty the original jurisdiction of the lower federal courts in matters where there is no diversity of citizenship. Although this general head of federal jurisdiction has persistently and pervasively been characterized as "federal question" jurisdiction, it is doubtful whether there is, in fact, original jurisdiction in the lower federal courts …
Book Reviews, Fleming James Jr., Kenneth H. York, A. G. Murphy Jr., Stefan A. Riesenfeld, Maynard E. Pirsig, Richard Lloyd Strecker, William P. Murphy, James K. Marshall, Wirt Peters, Phil C. Neal, Edward D. Re, Robert Kingsley, Lehan K. Tunks
Book Reviews, Fleming James Jr., Kenneth H. York, A. G. Murphy Jr., Stefan A. Riesenfeld, Maynard E. Pirsig, Richard Lloyd Strecker, William P. Murphy, James K. Marshall, Wirt Peters, Phil C. Neal, Edward D. Re, Robert Kingsley, Lehan K. Tunks
Journal of Legal Education
No abstract provided.
The Law Of The Collective Agreement, Charles O. Gregory
The Law Of The Collective Agreement, Charles O. Gregory
Michigan Law Review
The Wagner Act contained no law governing collective agreements. Congress left their enforcement to the state and federal courts under the miserable body of common-law rules. Under various theories the courts worried about consideration, mutuality of obligation, duress and public policy aspects as if they were dealing with conventional contracts.
Constitutional Law - Courts - Martial - Power Of Congress To Provide For Military Jurisdiction Over Retired Servicemen, Stephen B. Flood
Constitutional Law - Courts - Martial - Power Of Congress To Provide For Military Jurisdiction Over Retired Servicemen, Stephen B. Flood
Michigan Law Review
A retired naval officer was charged with violations of the Uniform Code of Military Justice based upon acts of sodomy occurring after his retirement. At arraignment he challenged the jurisdiction of the military tribunal on the ground that Article 2(4) of the U.C.M.J., providing for court-martial jurisdiction over retired servicemen, contravenes the Fifth Amendment. The court-martial and the board of review overruled this objection, and the accused was convicted and sentenced. On appeal, held, while jurisdiction is proper, reversed on other grounds for further proceedings. A retired member of the armed forces who is entitled to pay is a …
Marine Insurance And The Substantive Admiralty Law A Comment On The Wilburn Boat Company Case, Brunson Macchesney
Marine Insurance And The Substantive Admiralty Law A Comment On The Wilburn Boat Company Case, Brunson Macchesney
Michigan Law Review
At the invitation of the editors, Professor MacChesney undertook to write this article especially for the memorial issue as a tribute to Professor Durfee, his former teacher.
Constitutional Law - Due Process - Denial Of Admission To The Bar Based On Unwarranted Inferences Of Bad Moral Character, Jerome B. Libin
Constitutional Law - Due Process - Denial Of Admission To The Bar Based On Unwarranted Inferences Of Bad Moral Character, Jerome B. Libin
Michigan Law Review
Power over admission to the bar has long been vested in the judiciary of each state. While the legislature may prescribe certain standards, the state court alone is responsible for the determination of those qualified for the practice of law within its jurisdiction. The application of these standards often demands the exercise of meticulous judgment by the court in reaching its conclusion as to an applicant's fitness. Where, on the evidence or lack of evidence presented, the court finds that it cannot in good conscience grant its approval, the candidate is denied admission. To the extent that such a denial …
Constitutional Law - Due Process - Jurisdiction Of A State Court Over A Foreign Corporation, Robert L. Knauss S.Ed.
Constitutional Law - Due Process - Jurisdiction Of A State Court Over A Foreign Corporation, Robert L. Knauss S.Ed.
Michigan Law Review
Peninsular Gas Company, a Michigan corporation, brought an action in Missouri against the plaintiff for breach of contract. A judgment was returned for plaintiff, and plaintiff immediately filed suit for malicious prosecution and served process on the president of the corporation who was in Missouri for the prior trial. On a motion to quash, held, sustained. Under the due process clause of the United States Constitution, the court had no right to assume jurisdiction. Defendant corporation was not doing business in Missouri, for bringing a prior lawsuit was a single isolated act and was not a part of its …
Compulsory Joinder Of Parties In Civil Actions, John W. Reed
Compulsory Joinder Of Parties In Civil Actions, John W. Reed
Michigan Law Review
Compulsory joinder cases involving interests in land display one peculiar and important characteristic: there is almost never any need in the state courts to wrestle with the question of whether a person is indispensable as distinguished from necessary. One hastens to add that this attribute of land cases appears to have gone largely unnoticed, but it exists none the less. It arises out of the fact that in a suit involving real property it is never impossible for the court to obtain jurisdiction over all persons interested therein to an extent which will enable the court to adjudicate controversies over …
Compulsory Joinder Of Parties In Civil Actions, John W. Reed
Compulsory Joinder Of Parties In Civil Actions, John W. Reed
Articles
The plaintiff in a civil cause ordinarily is permitted to select the persons with whom he will litigate. The initial designation of parties to an action is made by the plaintiff, and if he chooses to sue B and not A,' that is ordinarily of no concern to B or to A or to the court. So also where the plaintiff without A as co-plaintiff sues B. Not always, however, is the plaintiff permitted unfettered choice in naming the parties to his lawsuit. On the one hand there are persons whose relationship to the situation in litigation is outside the …
Constitutional Law - Courts-Martial - Power Of Congress To Provide For Military Jurisdiction Over Civilians, Whitmore Gray S.Ed.
Constitutional Law - Courts-Martial - Power Of Congress To Provide For Military Jurisdiction Over Civilians, Whitmore Gray S.Ed.
Michigan Law Review
During the past term the Supreme Court decided three cases involving the constitutionality of court-martial jurisdiction over certain groups of civilians. In United States ex rel. Toth v. Quarles the Court held that Congress could not constitutionally provide for military trial of a discharged serviceman for offenses committed during his term of service. In two subsequent cases the Court rejected the contention that the Toth decision announced a principle applicable to any exercise of jurisdiction over civilians by the military courts in upholding the provisions of the Uniform Code of Military Justice for military jurisdiction over civilian dependents accompanying American …
Suits Against Unincorporated Associations Under The Federal Rules Of Civil Procedure, John Kaplan
Suits Against Unincorporated Associations Under The Federal Rules Of Civil Procedure, John Kaplan
Michigan Law Review
Concepts, Benjamin Cardozo has said, "are useful, indeed indispensable, if kept within their place. We will press them quite a distance. . . . A time comes, however, when the concepts carry us too far, or farther than we are ready to go with them, and behold, some other concept, with capacity to serve our needs is waiting at the gate. 'It is a peculiar virtue of our system of law that the process of inclusion and exclusion, so often employed in developing a rule, is not allowed to end with its enunciation, and that an expression in an opinion …
Justice Jackson And The Judicial Function, Paul A. Weidner
Justice Jackson And The Judicial Function, Paul A. Weidner
Michigan Law Review
Much of the pattern of division in the present Supreme Court is traceable to basic differences of opinion regarding the proper role of a judge in the process of constitutional adjudication. Some students of the Court, yielding to the current fashion of reducing even intricate problems to capsule terms, have tried to explain the controversy by classifying the justices as either "liberals" or "conservatives." A second school poses the disagreement largely in terms of judicial "activism" as opposed to judicial "restraint." It is this view that has the greater relevance for the present discussion. C.H. Pritchett, one of the leading …
Suits Between States In The Supreme Court, William S. Barnes
Suits Between States In The Supreme Court, William S. Barnes
Vanderbilt Law Review
A study of contemporary procedure and jurisdiction of the Supreme Court is a prerequisite of any plans for the expansion of the business of the World Court in the future. The present emphasis on international organization may lead to new legal problems in much the same manner as the growth of federal power has done in this country in the last quarter-century. This paper will discuss only those cases in which an opinion was rendered, omitting the admittedly significant memorandum reports for lack of space. Due to the complicated and detailed nature of many of the decrees, analysis of the …
Constitutional Law-Review Of State Court Determination-Supreme Court's Vacation Of State Court Judgment Without Giving Grounds For Reversal, Marcus A. Rowden S.Ed.
Constitutional Law-Review Of State Court Determination-Supreme Court's Vacation Of State Court Judgment Without Giving Grounds For Reversal, Marcus A. Rowden S.Ed.
Michigan Law Review
The Supreme Court of the United States granted plaintiff's petition for certiorari to review a decision of the Supreme Court of California summarily denying plaintiff's application for habeas corpus. Previously the cause had been continued to enable petitioner to secure a determination of the California Supreme Court as to whether its judgment was intended to rest on an adequate independent state ground. It was later held that a letter from the clerk of that court was not a sufficient determination of that question, and petitioner was still unable to obtain that determination. Held, judgment of the Supreme Court of …
Appeal And Error-Eisler's Flight And The Case And Controversy Question, Albert B. Perlin, Jr. S.Ed.
Appeal And Error-Eisler's Flight And The Case And Controversy Question, Albert B. Perlin, Jr. S.Ed.
Michigan Law Review
The United States Supreme Court granted certiorari to review a federal court conviction on a charge of contempt of Congress. Pending determination of the appeal, appellant was released on bail and, after argument on the merits but before a decision had been rendered, he wrongfully fled the country. Subsequently the Attorney General notified the Court that appellant had been apprehended in England at the request of the Secretary of State and that a court of competent jurisdiction there found that appellant was not guilty of an extraditable offense under English law. The Court of its own motion then considered the …
Labor Law-Railway Labor Act-Effect Of Creation Of National Railroad Adjustment Board On Jurisdiction Of Courts, Frank L. Adamson S. Ed.
Labor Law-Railway Labor Act-Effect Of Creation Of National Railroad Adjustment Board On Jurisdiction Of Courts, Frank L. Adamson S. Ed.
Michigan Law Review
The 1934 amendments to the Railway Labor Act (R.L.A.) created the National Railroad Adjustment Board (N.R.A.B.) to hear and decide disputes involving employee grievances and controversies over application and interpretation of agreements, as distinguished from disputes concerning making of collective agreements.
Constitutional Law - Original Jurisdiction Of United States Supreme Court - Availability As A Procedural Remedy To Avoid Multiple Taxation, Benjamin W. Franklin
Constitutional Law - Original Jurisdiction Of United States Supreme Court - Availability As A Procedural Remedy To Avoid Multiple Taxation, Benjamin W. Franklin
Michigan Law Review
The state of Massachusetts instituted an original proceeding against the state of Missouri and individual citizens of Missouri for leave to file a bill of complaint, alleging that M. B. Blake died domiciled in Massachusetts; that she had created three trusts of securities, reserving a power of revocation over two; that the securities were held in Missouri where the trustees resided; that both states had statutes subjecting to taxation property passing by deed, grant or gift, made or intended to take effect in possession or enjoyment after the donor's death; that the Massachusetts statute taxed intangible property only when owned …
Obligatory Jurisdiction Of The Supreme Court: Appeals From State Courts Under Section 237(A) Of The Judicial Code, Seymour J. Rubin, Sidney H. Willner
Obligatory Jurisdiction Of The Supreme Court: Appeals From State Courts Under Section 237(A) Of The Judicial Code, Seymour J. Rubin, Sidney H. Willner
Michigan Law Review
In two ways, a case decided by the state court of last resort may come to the Supreme Court of the United States: by certiorari, or by appeal. Certiorari is discretionary; and the considerations which will lead the Court to grant a writ of certiorari are set out in Rule 38 of the Supreme Court Rules, and are well-known to the practicing bar. Appeal, however, is directed to the obligatory jurisdiction of the Court. Rule 12 merely sets out the procedure to be followed in seeking an appeal; and for his decision as to whether he has substantive basis for …