Supreme Court of the United States Commons^™

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 …

Panel Discussion: The Supreme Court And States' Rights, Anthony Lewis, John R. Brown, Clement Easton

Kentucky Law Journal

No abstract provided.

The Supreme Court And Individual Liberties Since 1952, Paul A. Porter

Kentucky Law Journal

No abstract provided.

The Supreme Court And States Rights, Paul Leo Oberst

Kentucky Law Journal

No abstract provided.

Constitutional Law - Right To Jury Trial In Indirect Criminal Contempts In Federal Courts, Denis T. Rice S.Ed.

Michigan Law Review

Should constitutional provisions for jury trial apply to contempts committed outside the physical presence of a federal court? The United States Supreme Court, in the recent case of Green v. United States, reviewed this long disputed question. The case involved two Communist Party leaders who had been convicted of Smith Act violations and then had "jumped bail" when they disappeared in violation of surrender orders requiring their presence in court for sentencing. After four and a half years as fugitives they surrendered in 1956 and were charged with criminal contempt of court. Following a so-called "summary" hearing (without the …

Constitutional Law - State Action - Imposing Criminal Penalties To Enforce Private Discrimination, Melvyn I. Mozinski S.Ed.

Michigan Law Review

Defendants, Negroes, entered a section of a private restaurant designated to be for "White" patrons only. Although they were denied service, they refused to comply with the proprietor's request to leave. Defendants were subsequently arrested by a police officer after declining his offer not to arrest if they would depart, and were tried for violation of the state's criminal trespass statutes. They were found guilty of a misdemeanor. On appeal, held, sustained. Defendants have no constitutionally protected right not to be discriminated against by an operator of a private enterprise. State v. Clyburn, 247 N.C. 455, 101 S.E. …

Constitutional Law - Right To Travel - Authority Of Secretary Of State To Deny Passports, Arnold Henson S.Ed.

Michigan Law Review

Petitioner's application for a passport was denied under §51.135 of the Passport Regulations promulgated by the Secretary of State on the grounds that he was a Communist and that he had a record of consistent and prolonged adherence to the Communist Party line. The letter of denial stated that before a passport would be issued, a non-communist affidavit as provided for in the Regulations would be required. Following petitioner's refusal to file the affidavit the State Department informed him that until one was filed his application would receive no further consideration. Petitioner thereupon brought an action for declaratory relief in …

Scientific Investigation And Defendants' Rights, B. J. George Jr.

Michigan Law Review

Advances in science, medicine and industry have made much of the world a more pleasant place in which to live. In general more men are living a physically more satisfying life in more comfortable surroundings than preceding generations. But with this has come a parallel increase in criminality to the point that the term "crime wave" is heard with increasing frequency. Many crimes are facilitated in their commission by adaption or application of new scientific discoveries by criminal elements. A natural consequence is that already overburdened police departments turn as quickly as is financially possible to new scientific techniques in …

Constitutional Law -- 1958 Tennessee Survey, Elvin E. Overton

Vanderbilt Law Review

State constitutional law decisions, lacking the universality of application of many other fields of the law, are vital and of significance frequently only to the local bar and local public officials. There is another difference between state constitutional law decisions, and federal constitutional law decisions: state courts are inclined to deal with state constitutional issues with an emphasis on the pragmatic problem of deciding the case and getting it out of the way,rather than with an emphasis on completing the blue print-of seeking to establish the general principle which reflects the conflicting policies struggling for recognition. In most United States …

Landowners' Rights In The Air Age: The Airport Dilemma, William B. Harvey

Michigan Law Review

If Lord Tennyson had been a student of the common law, he might well have qualified his poetic foresight of "the heavens fill[ed] with commerce" by some cautious reference to the complaints of landowners below against the "pilots of the purple twilight, dropping down with costly bales." The result doubtless would have been poorer poetry but a far more accurate forecast of the problems to confront mid-20th century lawyers. Although the phenomenal growth of civil aviation since the first World War has opened up a host of difficulties, the only ones of concern in this article are those presenting the …

Constitutional Law - Citizenship - Power Of Congress To Effect Involuntary Expatriation, Robert J. Hoerner S.Ed.

Michigan Law Review

In four recent cases the United States Supreme Court has dealt with the power of Congress to effect the denationalization of native-born citizens without their consent. Three cases, Perez v. Brownell, Trop v. Dulles, and Mendoza-Martinez v. Mackey dealt with the constitutionality of sections 401(e), 401(g) and 401(j), respectively, of the Nationality Act of 1940. The fourth case, Nishikawa v. Dulles dealt only with the burden of proof when duress is alleged under section 401(c), but contained one opinion of constitutional significance. The purpose of this comment is to analyze and evaluate these decisions.

Constitutional Law - Former Jeopardy - Retrial For Greater Offense After Conviction Of Lesser Included Offense Reversed On Appeal, Ralph E. Boches

Michigan Law Review

Defendant was indicted by the District of Columbia grand jury on counts charging both arson and murder in the first degree for a death caused by the arson. He was convicted of arson and second-degree murder, the jury returning no verdict on the first-degree murder charge. On appeal the conviction of second-degree murder was reversed because the evidence permitted only a conviction of first-degree murder or an acquittal. On remand defendant was retried on the original indictment for first-degree ·murder, convicted, and sentenced to death over his objection of former jeopardy. The court of appeals, sitting en banc, affirmed …

Constitutional Law - Due Process -Knowledge Of The Law Required For Conviction Under Criminal Registration Ordinance, David C. Berg

Michigan Law Review

Defendant-appellant was charged with violation of a Los Angeles municipal ordinance which required all persons convicted of a felony in California, or of a crime committed elsewhere which would have been punishable as a felony in California, subsequent to January 1, 1921, to register with the Chief of Police upon remaining in the city longer than five days, or upon making more than five visits to the city within a thirty-day period. At the time of her arrest, appellant had been a resident of Los Angeles for seven years. Within that period she had been convicted (in Los Angeles) of …

Schwartz: The Supreme Court: Constitutional Revolution In Retrospect, Paul G. Kauper

Michigan Law Review

A Review of The Supreme Court: Constitutional Revolution in Retrospect. By Bernard Schwartz.

"Congress Shall Make No Law…":Ii, O. John Rogge

Michigan Law Review

The framers of the federal bill of rights by the First and Tenth Amendments sought to deny Congress power over utterances unless they were connected with criminal conduct other than advocacy. Any power over such utterances was to reside in the states. However, the Supreme Court departed from the framers' intent.

One of the factors in this development was the emergence of an undefined federal police power. This occurred largely under the commerce and postal clauses. It began over a century ago. As early as 1838 Congress passed a law requiring the installation of safety devices upon steam vessels. Beginning …

"Congress Shall Make No Law..."*, O. John Rogge

Michigan Law Review

It is the position of the writer that, at least so far as Congress is concerned, speech is as free as thought, and that unless and until speech becomes a part of a course of conduct which Congress can restrain or regulate no federal legislative power over it exists. State power, despite the Fourteenth Amendment, may be somewhat more extensive. Certainly the framers of the First Amendment intended that it should be. This article will deal with federal power over speech.

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 - Limits On Investigative Power Of State Legislative Committees, George E. Lohr

Michigan Law Review

Defendant appeared before the New Hampshire attorney general, who was authorized by statute to investigate violations of the state subversive activities law and to determine if subversive persons, as defined therein, were present within the state. Defendant refused to answer certain questions about the contents of a university class lecture delivered by him and about his knowledge of other persons' activities in the Progressive Party, contending that such questions infringed an area protected by the First Amendment. The state superior court conceded the infringement of defendant's rights, but found this to be justified by state interest in self-protection, and convicted …

Constitutional Law - Due Process -Watkins V. United States As A Limitation On Power Of Congressional Investigating Committees, Allan F. Bioff S. Ed.

Michigan Law Review

It is the purpose of this comment to examine the nature and extent of the restraints imposed by the Watkins case as well as the potential problems raised by the decision.

Full Faith And Credit To Judgments And Public Acts, Kurt H. Nadelmann

Michigan Law Review

Interest here is concentrated on full faith and credit for public acts. But what led to insertion of the command respecting public acts cannot be divorced historically from the study of the command of full faith for judgments. The whole field, therefore, has been included in the reexamination. Clarifications obtainable on the "judgments" side, it will be seen, help also on the "public acts" side. On both sides there are historical facts which deserve greater attention than has been hitherto given, and if, as a result, some of the myths surrounding the' Lawyers Clause are exploded, the rethinking may have …

Constitutional Law - Certiorari - Integrity Of The Rule Of Four, Robert L. Knauss S.Ed.

Michigan Law Review

In four recent cases involving the Federal Employers Liability Act the Supreme Court of the United States, after granting certiorari, reviewed the facts of the cases to determine if there was sufficient evidence to allow the cases to be heard by a jury. Justice Frankfurter in a lengthy dissenting opinion refused to hear these cases on their merits. He would have dismissed them on the ground that certiorari was improvidently granted, although no new evidence warranted this conclusion. Justice Frankfurter maintained that any justice has a right to refuse to hear a case after certiorari has been granted, and that …

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 …

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, …

Mr. Justice Rutledge And The Roosevelt Court, Alfred O. Canon

Vanderbilt Law Review

The career of Mr. Justice Wiley Blount Rutledge on the Supreme Court of the United States came to an end on September 10, 1949. His passing signified the end of a man's work--and the end of an era. As Rutledge's last opinion became a part of American constitutional history, the Roosevelt Court disappeared and a new alignment of majority and minority was born. The influence of Rutledge in this important period of constitutional development will be difficult to measure until the broader outlines of contemporary social, political, economic, and legal trends are more firmly sketched in the future. A justice's …

Justice William Cushing And The Treaty-Making Power, F. William O'Brien S.J.

Vanderbilt Law Review

Although the work of the Supreme Court during the first few years was not great if measured in the number of cases handled, it would be a mistake to conclude that the six men who sat on the Bench during this formative period made no significant contribution to the development of American constitutional law. The Justices had few if any precedents to use as guides, and therefore their judicial work, limited though it was in volume, must be considered as stamped with the significance which attaches to all pioneer activity. Moreover, most of this work was done while on circuit …

Chief Justice Taney: Prophet Of Reform And Reaction, Robert J. Harris

Vanderbilt Law Review

Roger Brooke Taney's judicial career began and ended in controversy.' His appointment as Chief Justice in 1836 came not long after his nomination to be Secretary of the Treasury had been rejected and his nomination to be an Associate Justice of the Supreme Court had been indefinitely postponed because of his role as a central figure in the great controversy between the Jackson administration and the Bank of the United States. These successive nominations of Taney to high position evoked a flood of partisan invective against him in an age which was hardly characterized by restraint. In the course of …

Compelling The Testimony Of Political Deviants, O. John Rogge

Michigan Law Review

Besides the two specific problems which the new federal act presents, namely, whether it imposes nonjudicial functions on federal courts, and whether it should, does and can protect against the substantial danger of state prosecution, there is a general objection that one can raise against it, and to other acts of the same type: they relate to the area of belief and opinion, the very area which was involved when the English people, spearheaded by the Puritans, engaged in the struggle with the Crown that finally resulted in the establishment of a right of silence. At least if we are …

Constitutional Law - Post-Conviction Due Process - Right Of Indigent To Review Of Non-Constitutional Trial Errors, Robert C. Casad S.Ed.

Michigan Law Review

The purpose of this comment is to examine a new development. in post-conviction due process: Griffin v. Illinois. This case announces a new principle of constitutional right under the Fourteenth Amendment based on an almost indistinguishable combination of due process and equal protection elements.

Compelling The Testimony Of Political Deviants, O. John Rogge

Michigan Law Review

At the last term the United States Supreme Court in Ullmann v. United States upheld the constitutionality of paragraph (c) of a federal act of August 1954 which seeks to compel the testimony of communists and other political deviants. Paragraph (c) relates to witnesses before federal courts and grand juries. The Court specifically left open the question of the validity of paragraphs (a) and (b) relating to congressional witnesses. Justice Frankfurter delivered the Court's opinion. Justice Douglas, with the concurrence of Justice Black, wrote a dissent.

It is our purpose to consider the background, history and terms of this compulsory …

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 …