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Articles 541 - 556 of 556

Full-Text Articles in Law and Politics

Free Speech, Social Change And The Politics Of Law In The United States (Interview), Robert Allen Sedler Jan 1971

Free Speech, Social Change And The Politics Of Law In The United States (Interview), Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

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The "Rebellion" Of William 0. Douglas, Morris D. Forkosch Jan 1970

The "Rebellion" Of William 0. Douglas, Morris D. Forkosch

Georgia Law Review

THE major problem in reviewing another's thoughts is to minimize, since it cannot be eliminated, the interacting and modifying effect of one's own views and personal interpretations. This problem arises in all human relations, especially where words, not deeds, are in issue. According to Holmes, "[a] word is not a crystal, transparent and unchanged; it is the skin of a living thought and may vary greatly in color and content according to the circumstances and the time in which it is used." With this and other admonitions in mind,  it becomes clear that one who reads into Points of Rebellion …

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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.

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Review Of Concerning Dissent And Civil Disobedience, By A. Fortas, Terrance Sandalow Jan 1969

Review Of Concerning Dissent And Civil Disobedience, By A. Fortas, Terrance Sandalow

Reviews

Noah Chomsky has written of Justice Fortas' essay that it "is not serious enough for extended discussion." It would be a mistake to dismiss the essay so lightly. The prestige of Justice Fortas' office almost inevitably will gain for the essay an audience it would not otherwise have had, among whom will be those who will confuse the office with the argument. For some this confusion will insulate the argument from criticism. For others it will tarnish the office.

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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.

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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

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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.

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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 …

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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.

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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. …

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Clandestine Speech And The First Amendment, Wallace Mendelson Feb 1953

Clandestine Speech And The First Amendment, Wallace Mendelson

Michigan Law Review

In a comment" written at the conclusion of the Communist leaders' trial Professor Nathanson noted that Judge Medina's instructions required for a verdict of guilty that the jury "find only that the defendants intended to accomplish the overthrow of government 'as speedily as circumstances would permit it to be achieved.' " This, wrote Professor Nathanson, was "inconsistent with the clear-and-present-danger test as formulated by Holmes and Brandeis, unless there were other circumstances in the facts actually presented which made that test inapplicable." A major part of the balance of the comment is an attempt to refute a suggestion that clandestine, …

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Torts-Libel And Slander-Absolute Privilege To Press Releases Of Executive Officials, Constantine D. Kasson Jan 1953

Torts-Libel And Slander-Absolute Privilege To Press Releases Of Executive Officials, Constantine D. Kasson

Michigan Law Review

Defendant, Attorney General for the state of Pennsylvania, wrote a letter to a District Attorney demanding the dismissal of the plaintiff, an Assistant District Attorney, because of the plaintiff's alleged communistic activities and associations, information of which had been brought to the attention of the defendant by the State Police. Before delivery of the letter to the District Attorney, the defendant released it to the newspapers. Plaintiff brought a libel action alleging the statements to be false and maliciously made. The defendant demurred and the court sustained. On appeal, held, affirmed. Although the defendant himself has no power to …

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Constitutional Law - Civil Rights - First Amendment Freedoms-Reformulation Of The Clear And Present Danger Doctrine, Bernard A. Petrie Jan 1952

Constitutional Law - Civil Rights - First Amendment Freedoms-Reformulation Of The Clear And Present Danger Doctrine, Bernard A. Petrie

Michigan Law Review

In July 1948 the apostles of Communism in America were indicted under the conspiracy provisions of the Smith Act of 1940. The tension marking both the trial and the present era has obscured the constitutional problems and policy considerations involved. It is the purpose of this comment to trace the history of this cause celebre, Dennis et al. v. United States, and to examine its effect upon our constitutional notions of the permissible bounds of utterance, primarily by an analysis of the appellate opinions.

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The Rule Of Clear And Present Danger: Scope Of Its Applicability, Chester James Antieau Apr 1950

The Rule Of Clear And Present Danger: Scope Of Its Applicability, Chester James Antieau

Michigan Law Review

The rule of clear and present danger originated in 1919 in an attempt by Mr. Justice Holmes to formulate a principle for the limitation of liberty with a conscious, intelligent weighing of the opposed societal interests. In the Schenck case, the societal and individual interest in freedom of expression clashed with the societal interest in defense of the state. In conflicts of this kind the criterion has had its most frequent application. The societal interest in preservation of the state was adequately protected by application of the test in prosecutions arising under the Espionage Act of 1917, although Mr. Justice …

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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 …

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Constitutional Law-Municipal Corporations-Police Power May 1931

Constitutional Law-Municipal Corporations-Police Power

Michigan Law Review

The defendants circulated, on the streets of Milwaukee, hand bills which set forth the political and economic views of their group. An ordinance made it unlawful for any person "to circulate or distribute any circular, hand bills, cards, posters, dodgers, or other printed or advertising matter, * * * in or upon any sidewalk, street, * * * or other public place, park or ground within the City of Milwaukee." The defendants were arrested and convicted of violating this ordinance. There was no charge that the ordinance was enforced in any unreasonable or discriminatory manner, or that its purpose was …

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