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University of Michigan Law School

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Articles 271 - 300 of 378

Full-Text Articles in Law and Politics

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 …

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Cary: Politics And The Regulatory Agencies, Donald C. Cook Feb 1968

Cary: Politics And The Regulatory Agencies, Donald C. Cook

Michigan Law Review

A Review of Politics and the Regulatory Agencies by William L. Cary

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Leibholz: Politics And Law, Hugo J. Hahn Jan 1966

Leibholz: Politics And Law, Hugo J. Hahn

Michigan Law Review

A Review of Politics and Law by Gerhard Leibholz

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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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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 …

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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, …

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Rodell: Nine Men: A Political History Of The Supreme Court Of The United States From 1790 To 1955, Robert L. Howard Jun 1956

Rodell: Nine Men: A Political History Of The Supreme Court Of The United States From 1790 To 1955, Robert L. Howard

Michigan Law Review

A Review of Rodell: Nine Men: A Political History of the Supreme Court of the United States from 1790 to 1955. By Fred Rodell.

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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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Corporations - Political Activities - Interpretation Of Statute Prohibiting Political Contributions By Corporation, George Kircos Mar 1956

Corporations - Political Activities - Interpretation Of Statute Prohibiting Political Contributions By Corporation, George Kircos

Michigan Law Review

Defendant corporation, organized to promote the recall of Senator Joseph R. McCarthy, was charged with violating section 346.12 of the Wisconsin statutes, which prohibits corporations doing business in Wisconsin from paying or contributing any money, etc., to promote or defeat the candidacy of any person for nomination, appointment, or election to any political office. The trial court entered a forfeiture judgment against the defendant. On appeal, held, reversed. The statutory phrase "doing business" was intended to limit the scope of the prohibition to corporations organized for profit. Corporations, such as the defendant, organized solely for political purposes are not …

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Bailey, Simon, Dahl, Snyder, De Grazia, Moos, David & Truman: Research Frontiers In Politics And Government. Brookings Lectures, 1955, Henry L. Bretton Jan 1956

Bailey, Simon, Dahl, Snyder, De Grazia, Moos, David & Truman: Research Frontiers In Politics And Government. Brookings Lectures, 1955, Henry L. Bretton

Michigan Law Review

A Review of Research Frontiers in Politics and Government. Brookings Lectures, 1955. By Stephen K. Bailey, Herbert A. Simon, Robert A. Dahl, Richard C. Snyder, Alfred de Grazia, Malcolm Moos, Paul T. David and David B. Truman

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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

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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.

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White: The Jacksonians, M. Fred Mallender, Ii S.Ed. Apr 1955

White: The Jacksonians, M. Fred Mallender, Ii S.Ed.

Michigan Law Review

A Review of The Jacksonians. By Leonard D. White

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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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Labor Law - Authority Of National Labor Relations Board To Require Reaffirmation Of Non-Communist Affidavit, Richard Z. Rosenfeld Dec 1954

Labor Law - Authority Of National Labor Relations Board To Require Reaffirmation Of Non-Communist Affidavit, Richard Z. Rosenfeld

Michigan Law Review

Section 9(h) of title I of the Labor-Management Relations Act requires that officers of unions which desire access to NLRB facilities file non-Communist affidavits with the Board. During the effective period of appellee unions' compliance with this requirement, the Board referred certain affidavits to the Department of Justice for investigation. After the suspected officers had refused to testify concerning the truth or falsity of their affidavits in subsequent grand jury proceedings the Board issued a Notice and Order requiring the officers to reaffirm the truth of the prior affidavits and to attest to non-membership in the Communist Party since filing …

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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).

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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 …

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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 …

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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 …

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Howe: Holmes-Laski Letters: The Correspondence Of Mr. Justice Holmes And Harold J. Laski, 1916-1935, John C. H. Wu Apr 1953

Howe: Holmes-Laski Letters: The Correspondence Of Mr. Justice Holmes And Harold J. Laski, 1916-1935, John C. H. Wu

Michigan Law Review

A Review of HOLMES-LASKI LETTERS: THE CORRESPONDENCE OF MR. JUSTICE HOLMES AND HAROLD J. LASKI, 1916-1935. Edited by Mark DeWolfe Howe.

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Torts-Libel And Slander, David D. Dowd, Jr. Apr 1953

Torts-Libel And Slander, David D. Dowd, Jr.

Michigan Law Review

Plaintiff brought an action in slander alleging that defendant orally described him as a Communist during the course of a neighborhood argument. Plaintiff further asserted that when the defamatory words were spoken he held the position of an official in the United Financial Employees Union. Defendant moved to dismiss the complaint on the ground that it did not state facts sufficient to constitute a cause of action. Held, complaint dismissed with leave to amend. The court ruled that the averments were not sufficient to show special damage to the plaintiff, nor did they support an interpretation that the words …

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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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Horsky: The Washington Lawyer, Richard D. Rohr Jan 1953

Horsky: The Washington Lawyer, Richard D. Rohr

Michigan Law Review

A Review of THE WASHINGTON LAWYER. By Charles A. Horsky.

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Judicial Reform In Michigan Between Two Constitutions, 1835-1850, Clark F. Norton Dec 1952

Judicial Reform In Michigan Between Two Constitutions, 1835-1850, Clark F. Norton

Michigan Law Review

The first fifteen years of Michigan's existence as a state were marked by much experimentation and change in state government. In this short period two state constitutions, a basic constitutional amendment, two general revisions of the statutes, and numerous fundamental laws were enacted and put into effect. Both the legislative and executive branches underwent extensive renovation in these years, but it was the state court system in particular that was subjected to constant pressure for alteration and which was most radically modified, both in structure and procedure.

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Legal Fraternities, Kenneth H. York May 1952

Legal Fraternities, Kenneth H. York

Michigan Law Review

No exact computation of the number of practicing attorneys who are members of legal fraternities is available. However, well over 120,000 law students have in the past 82 years affiliated with a legal fraternity-no account being taken of the numbers belonging to purely local societies. Since the great majority of these individuals have entered into the practice, it is apparent that the Survey of the Legal Profession would not be exhaustive without some reference to such organizations. Professional Greek-letter fraternities now exist in practically all conceivable fields from Animal Husbandry to Textile Arts. Their legal counterpart furnished the model.

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Lenin, Stuchka, Reisner, Pashukanis, Stalin, Vyshinsky, Yudin, Golunskii, Strogovich, And Trainin: Soviet Legal Philosophy, S. I. Shuman Apr 1952

Lenin, Stuchka, Reisner, Pashukanis, Stalin, Vyshinsky, Yudin, Golunskii, Strogovich, And Trainin: Soviet Legal Philosophy, S. I. Shuman

Michigan Law Review

A Review of SOVIET LEGAL PHILOSOPHY. By V. I. Lenin, P. I. Stuchka, M. A. Reisner, E. B. Pashukanis, J. V. Stalin, A.Y. Vyshinsky, P. Yudin, S. A. Golunskii, M. S. Strogovich, and I. P. Trainin. Translated by H. H. Babb. Introduction by J. N. Hazard.

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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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