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Articles 2011 - 2040 of 2048

Full-Text Articles in Law and Politics

Political Defamation: The Price Of Candidacy, James H. Mccauley Jun 1969

Political Defamation: The Price Of Candidacy, James H. Mccauley

West Virginia Law Review

No abstract provided.


Unconstitutional Conditions Upon Public Employment: New Departures In The Protection Of First Amendment Rights, Harold H. Bruff Jan 1969

Unconstitutional Conditions Upon Public Employment: New Departures In The Protection Of First Amendment Rights, Harold H. Bruff

Publications

No abstract provided.


Pollitical Questions And Judicial Review: A Comparison, Kisaburo Yokota Jun 1968

Pollitical Questions And Judicial Review: A Comparison, Kisaburo Yokota

Washington Law Review

Although the power of judicial review is granted in unmistakable terms, Japanese courts have proceeded with great caution and discretion in their exercise of the power. One aspect of the Japanese courts' caution is illustrated by its use of the political question doctrine. Under this doctrine the judicial branch recognizes the validity of determinations of the political branches and does not review them to see whether they conform to the Constitution. The rationale is that the Constitution itself places some questions solely under the competence of the political branches of the government.


Along The Midway: Some Thoughts On Democratic Constitution-Amending, Clifton Mccleskey Mar 1968

Along The Midway: Some Thoughts On Democratic Constitution-Amending, Clifton Mccleskey

Michigan Law Review

In the American political circus there is apt to be going on at any given time a number of sideshows pretty much unrelated to the action under the Big Top. Essentially harmless and perhaps even functional for the system, they include the activities of the anti-vivisectionists, campaigns to impeach the Chief Justice, and the fratricidal spasms of various Marxist-oriented splinter movements. Among these sideshows, however, one has been distinguished by its perennial character and by the attention given to it by otherwise sober and restrained persons. I refer to the attempt through state legislative petitions to get Congress to call …


Some Doubts Concerning The Proposal To Elect The President By Direct Popular Vote, Albert J. Rosenthal Jan 1968

Some Doubts Concerning The Proposal To Elect The President By Direct Popular Vote, Albert J. Rosenthal

Villanova Law Review (1956 - )

No abstract provided.


The Reapportionment Cases: Cognitive Lag, The Malady And Its Cure, E. F. Roberts, Paul T. Shultz Iii Mar 1966

The Reapportionment Cases: Cognitive Lag, The Malady And Its Cure, E. F. Roberts, Paul T. Shultz Iii

Cornell Law Faculty Publications

The reapportionment cases have been considered by many to be the product of a liberal, activist Court which is endeavoring to reshape America’s political life according to its own views. The authors of this article assert that, to the contrary, the Court actually is reacting to the incontrovertible fact of the modern predominance of urban complexities which have rendered inappropriate our older political boundaries. In this sense, they consider the Court’s decisions conservative rather than liberal- because the Court’s purpose is to maintain a version of federalism along state boundaries which may have become outmoded even before the Court entered …


Presidential Inability: Procrastination, Apathy And The Constitution, Cornelius W. Wickersham Jan 1961

Presidential Inability: Procrastination, Apathy And The Constitution, Cornelius W. Wickersham

Villanova Law Review (1956 - )

No abstract provided.


Meiklejohn: Political Freedom, Paul G. Kauper Feb 1960

Meiklejohn: Political Freedom, Paul G. Kauper

Michigan Law Review

A Review of Political Freedom. By Alexander Meiklejohn


Constitutional Law - Congressional Investigation Of Political Activity-Watkins V. United States Re-Examined, Avrum M. Gross S.Ed. Jan 1960

Constitutional Law - Congressional Investigation Of Political Activity-Watkins V. United States Re-Examined, Avrum M. Gross S.Ed.

Michigan Law Review

It is the function of this comment to examine the traditional scope and limitations of congressional investigations, with particular emphasis on these two cases.


Constitutional Law- Civil Rights - Union Use Of Dues For Political Action, Paul Hanke Jan 1960

Constitutional Law- Civil Rights - Union Use Of Dues For Political Action, Paul Hanke

Michigan Law Review

Defendant unions under the authority of section 2, Eleventh of the Railway Labor Act obtained union shop agreements from defendant railroads. Non-union employees sought to enjoin enforcement of the agreements because the unions used periodic dues, fees, and assessments to support political doctrines and candidates opposed by plaintiffs. The trial court dismissed for failure to state a cause of action, but the Supreme Court of Georgia overruled the dismissal and remanded. The lower court then ruled that petitioners were denied constitutional liberties and issued the injunction. On appeal, held, affirmed. Enforcement of union shop contracts requiring employees to pay …


Constitutional Law - Judicial Power - Power To Compel Fair Apportionment By The Legislature, Walter L. Adams S.Ed. Apr 1958

Constitutional Law - Judicial Power - Power To Compel Fair Apportionment By The Legislature, Walter L. Adams S.Ed.

Michigan Law Review

At a general election on November 6, 1956, voters of the state of Washington approved by popular initiative a reapportionment of the legislature based upon political sub-divisions as described in the federal census of 1950. On December 6, 1956, the governor proclaimed the measure to be law and it was enrolled as chapter 5, Laws of 1957. At the regular 1957 session of the state legislature, chapter 289, revoking the initiative and calling for the use of the election precinct as the unit · of population for forming legislative districts, was passed by a vote of more than a two-thirds …


Constitutional Law - State Action - Effect Of State Court Interpretation Of A Contract, Dudley H. Chapman Apr 1957

Constitutional Law - State Action - Effect Of State Court Interpretation Of A Contract, Dudley H. Chapman

Michigan Law Review

Mrs. Doris Walker, president of her local union, was discharged by Cutter Laboratories in 1949 because of membership in the Communist Party and falsification of her employment application. The employer acquired knowledge of these facts in 1947, but did not act at that time to avoid charges of persecuting a union officer. The union, pursuant to the collective bargaining agreement, which authorized discharge for "just cause" only, sought and obtained reinstatement from the arbitration board, which action was affirmed by the district court of appeal, but reversed by the California Supreme Court. On certiorari to the United States Supreme Court, …


Mason: Security Through Freedom. American Political Thought And Practice., William R. Jentes S.Ed. May 1956

Mason: Security Through Freedom. American Political Thought And Practice., William R. Jentes S.Ed.

Michigan Law Review

A Review of Security Through Freedom. American Political Thought and Practice. By Alpheus Thomas Mason.


Jackson: The Supreme Court In The American System Of Government, Howard M. Downs S.Ed. Jan 1956

Jackson: The Supreme Court In The American System Of Government, Howard M. Downs S.Ed.

Michigan Law Review

A Review of The Supreme Court in the American System of Government. By Robert H. Jackson


Constitutional Law - Federal Anti-Subversive Legislation - The Communist Control Act Of 1954, Paul R. Haerle Jun 1955

Constitutional Law - Federal Anti-Subversive Legislation - The Communist Control Act Of 1954, Paul R. Haerle

Michigan Law Review

This comment is intended as a preliminary step in an analysis of the legislative history of the act and a consideration of both its potential effectiveness and constitutional validity.


Constitutional Law - Federal Regulation Of Lobbying Act - Vague And Indefinite Language As Violation Of First And Fifth Amendment, Arne Hovdesven Feb 1955

Constitutional Law - Federal Regulation Of Lobbying Act - Vague And Indefinite Language As Violation Of First And Fifth Amendment, Arne Hovdesven

Michigan Law Review

Defendants were charged with violation of the Federal Regulation of Lobbying Act because of failure to register as lobbyists under provisions of section 308 and to report expenditures as directed by section 305. The lower court found these sections of the statute unconstitutional and dismissed the information. On appeal, held, the act is not so vague and indefinite as to violate the due process clause of the Fifth Amendment; nor does it violate the First Amendment. The penalty provision of section 310(b) is not objectionable as a deprivation of First Amendment rights since it is separable. United States v. …


Constitutional Law - Federal Occupation Of Field Of Control Of Subversives, John C. Hall S.Ed. Dec 1954

Constitutional Law - Federal Occupation Of Field Of Control Of Subversives, John C. Hall S.Ed.

Michigan Law Review

Defendant was chairman of the Communist Party for the western district of Pennsylvania. He was charged with willfully advocating the violent overthrow of the United States Government, and his conviction under state statute was sustained by the superior court. On appeal, held, reversed. The federal Smith Act pre-empted the field of control of subversive activities and the state law is therefore void. Commonwealth v. Nelson, 377 Pa. 58, 104 A. (2d) 133 (1954).


Crosskey And The Constitution: A Reply To Goebel, Sylvester Petro Dec 1954

Crosskey And The Constitution: A Reply To Goebel, Sylvester Petro

Michigan Law Review

The immediate purpose of this paper is to demonstrate the inadequacies of the most embittered of the reviews of Crosskey's book which I have read, "Ex Parte Clio,'' written by Professor Goebel (hereinafter sometimes referred to as "the reviewer"). Demonstrating these things will involve repeated reference to the thesis and the methodology of the book, and comparison of the book with the contentions advanced by the reviewer. The reading will probably be as tedious as the writing has been, but that cannot be helped, for the longer aim of this paper cannot be achieved in any other manner. That aim …


Congress, The Constitution And Crosskey, James A. Durham Apr 1954

Congress, The Constitution And Crosskey, James A. Durham

Indiana Law Journal

No abstract provided.


On Amending The Treaty-Making Power: A Comparative Study Of The Problem Of Self-Executing Treaties, Lawrence Preuss Jun 1953

On Amending The Treaty-Making Power: A Comparative Study Of The Problem Of Self-Executing Treaties, Lawrence Preuss

Michigan Law Review

The current furor concerning the treaty-making power of the United States has been aroused by the apprehension that this country might become a party to certain multilateral treaties in the social and economic fields, and, notably, the draft Covenants on Human Rights, the Genocide Convention and the Convention on Political Rights of Women. The plethora of proposed constitutional amendments now before the Congress merely marks an intensification of the controversy, recurrent throughout our history, concerning the legal effect of Article VI, Section 2, of the Constitution of the United States. Problems concerning the relative authority of treaties and other international …


Constitutional Law-Due Process-Validity Of State Statute Requiring Public Employees To Take Loyalty Oath, James W. Callison, S.Ed. May 1953

Constitutional Law-Due Process-Validity Of State Statute Requiring Public Employees To Take Loyalty Oath, James W. Callison, S.Ed.

Michigan Law Review

A statute of Oklahoma required public employees to take an oath that, among other things, they were not, for five years previous had not been, and would not become, affiliated with an organization which advocated the overthrow of the Government of the United States or of the State of Oklahoma by force or violence or other unlawful means or which had been determined by the United States Attorney General to be a Communist front or subversive organization. A citizen and taxpayer sought to enjoin payment of salaries to teachers at Oklahoma A. & M. College who had not taken the …


Constitutional Law-Due Process-Bill Of Attainder-Loyalty Oaths For City Employee, James I. Huston Jan 1952

Constitutional Law-Due Process-Bill Of Attainder-Loyalty Oaths For City Employee, James I. Huston

Michigan Law Review

In 1948, pursuant to an amendment to its charter, Los Angeles passed an ordinance which provided that all city employees must (1) take an oath that they did not espouse, and had not espoused within five years prior to the effective date of the ordinance, the forceful overthrow of the government; that they were not, nor had they been within the same period, affiliated with a group espousing such aims, and that they would not join any such group while in city employ, and (2) execute an affidavit relating whether they had ever belonged to the Communist Party, and if …


Western Union Telegram To Mr. Virgil D. Hawkins, Registrar Sep 1951

Western Union Telegram To Mr. Virgil D. Hawkins, Registrar

Documents

During his struggle to gain entry to the University of Florida College of Law, Mr. Hawkins never applied to Florida A & M for law school. Nevertheless, he was notified, by telegram, that his "application for admission" was approved and he was given instructions to register for classes for the fall semester, 1951.


Constitutional Law--The President's Loyalty Order--Standards, Procedure And Constitutional Aspects, William J. Schrenk, Jr. May 1948

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, …


Patterson: Presidential Government In The United States. The Unwritten Constitution, Michigan Law Review Jan 1948

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 Jan 1948

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 …


Political Affiliation As Qualification For Office Jan 1948

Political Affiliation As Qualification For Office

Indiana Law Journal

Constitutional Law Note


Civil Servants And The Right To Engage In Political Activity Apr 1947

Civil Servants And The Right To Engage In Political Activity

Indiana Law Journal

Notes and Comments: Constitutional Law


Constitutional Law - Protection Of Freedom Of Speech Under The Fourteenth Amendment, Jack L. White Jun 1937

Constitutional Law - Protection Of Freedom Of Speech Under The Fourteenth Amendment, Jack L. White

Michigan Law Review

The appellant, a negro member of the Communist Party, was engaged in work as a paid party organizer in Atlanta in 1932. Shortly after leading a hunger march of unemployed he was arrested, and was tried and convicted under a state statute, enacted in the Reconstruction Period, which made criminal "any attempt, by persuasion or otherwise, to induce others to join in any combined resistance to the lawful' authority of the State." At the time of his arrest the appellant had in his possession evidence of his organization activities and also a quantity of party literature, but there was no …


Constitutional Law - Validity Of Criminal Syndicalism Statute, Herman Jerome Bloom May 1937

Constitutional Law - Validity Of Criminal Syndicalism Statute, Herman Jerome Bloom

Michigan Law Review

The defendant was indicted for assisting in the conduct of a meeting which was called under the auspices of the Community Party, an organization advocating criminal syndicalism. The statute defined criminal syndicalism as "the doctrine which advocates crime, physical violence, sabotage, or any unlawful acts or methods as a means of accomplishing or effecting industrial or political change or revolution," and described a number of offenses, including the presiding at, or the assisting in, the conduct of a meeting of an organization advocating criminal syndicalism as defined in the act. The state court upheld the indictment under a construction of …