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Articles 751 - 780 of 836
Full-Text Articles in Supreme Court of the United States
Federal Procedure-Change Of Venue-Applicability Of §1404(A) Of The Judicial Code Of 1948 To Cases Arising Under The Federal Employers' Liability Act And The Sherman Anti-Trust Act, Thomas L. Waterbury S. Ed.
Federal Procedure-Change Of Venue-Applicability Of §1404(A) Of The Judicial Code Of 1948 To Cases Arising Under The Federal Employers' Liability Act And The Sherman Anti-Trust Act, Thomas L. Waterbury S. Ed.
Michigan Law Review
Two recent decisions of the United States Supreme Court have resolved this problem. In the first case, plaintiff employee sued defendant employer for damages under the FELA. Taking advantage of the broad choice of venue given him, plaintiff sued in the Chicago district court which was some 400 miles from Irvine, Kentucky, the place of injury and residence of all the witnesses. Defendant moved for transfer to a Kentucky district court, ''For the convenience of parties and witnesses, in the interest of justice. . . . " The motion was granted and plaintiff sought a writ of mandamus in the …
Habeas Corpus-Inadequacy Of State Remedy, Joseph Gricar
Habeas Corpus-Inadequacy Of State Remedy, Joseph Gricar
Michigan Law Review
Petitioner had pleaded guilty to a criminal indictment and was sentenced to prison by an Illinois circuit court. His petition for a writ of habeas corpus, based upon an alleged denial of due process at trial, was denied without hearing. The Illinois Supreme Court in People v. Loftus, decided in 1949, seems squarely to have held that habeas corpus is a proper post-trial proceeding for hearing charges of denial of due process. Since the Illinois Supreme Court does not review habeas corpus proceedings in the circuit court, the United States Supreme Court granted certiorari. Held, remanded to the …
Constitutional Law--Freedom Of Speech--Permissible Extent Of Limitation, Clinton R. Ashford S. Ed.
Constitutional Law--Freedom Of Speech--Permissible Extent Of Limitation, Clinton R. Ashford S. Ed.
Michigan Law Review
At the present time this nation is greatly concerned over the state of its political health. Advocates of foreign ideologies are asserting their creeds with ever-increasing vigor. The doctrines they propound are generally conceded to be inconsistent with American ideals, and their activity has induced a feeling of alarm, sometimes attended by hostile reaction. There have been instances where this reaction has taken the form of demands that the proponents of these ideas be silenced. In these circumstances, it becomes important to examine the power of state and federal governments to restrict their activities, particularly with respect to the freedom …
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 …
Constitutional Law-Equal Protection-Traffic Regulation Forbidding Advertising On Moving Vehicles, W. M. Myers S.Ed.
Constitutional Law-Equal Protection-Traffic Regulation Forbidding Advertising On Moving Vehicles, W. M. Myers S.Ed.
Michigan Law Review
A traffic regulation of the City of New York provides that "[n]o person shall operate, or cause to be operated, in or upon any street an advertising vehicle; provided that nothing herein contained shall prevent the putting of business notices upon business delivery vehicles, so long as such vehicles are engaged in the usual business or regular work of the owner and not used merely or mainly for advertising.'' Railway Express Agency, Inc., which owns and operates about 1,900 trucks in New York City, sold the space on the exteriors of these trucks for advertising unconnected with its own business. …
Constitutional Law-Due Process-Punishment For Direct Contempt Of Court, William R. Worth
Constitutional Law-Due Process-Punishment For Direct Contempt Of Court, William R. Worth
Michigan Law Review
Opposing counsel's objection to material in petitioner's opening statement to the jury was sustained. When petitioner rephrased his statement, the trial court, feeling that he was still trying to get inadmissible material before the jury, threatened to "declare a mistrial if you mess with me two minutes and a half, and fine you besides.'' Petitioner took an exception to the conduct of the court, and was immediately fined $25. His protests led to successive increases in penalty, culminating in a $100 fine and three days in jail. The Supreme Court of Texas denied habeas corpus on the ground that the …
Legislation-Canons Of Construction-Presumption Of Territoriality, David H. Armstrong S.Ed.
Legislation-Canons Of Construction-Presumption Of Territoriality, David H. Armstrong S.Ed.
Michigan Law Review
Plaintiff, an American citizen, was employed by defendant contractor to work on construction in Iraq carried on under a contract with the United States. Plaintiff brought suit in New York for overtime pay under the Federal Eight Hour Law applying to work done under "Every contract made to which the United States ... is a party .... " A verdict for the plaintiff was upheld by the New York Court of Appeals. On certiorari to the United States Supreme Court, held, reversed. In absence of contrary intent, legislation is presumed to apply only within the territorial jurisdiction of the …
Constitutional Law-Commerce Clause-Validity Of New York Milk Licensing Law, William P. Sutter
Constitutional Law-Commerce Clause-Validity Of New York Milk Licensing Law, William P. Sutter
Michigan Law Review
A New York statute required the licensing of all milk dealers in the state, and authorized the refusal of such a license upon a finding by the commissioner of agriculture that its issuance would "tend to a destructive competition in a market already adequately served." Petitioner, an out-of-state corporation, sought a license for an additional plant for the processing of milk to be purchased locally and to be distributed out of state, but was denied a license on the ground stated in the statute as quoted above. Denial of the license was sustained by the New York Court of Appeals. …
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.
Federal Courts-Criminal Procedure-Effect Of Excusing Procedure On Composition Of Jury Panel, Robert P. Griffin
Federal Courts-Criminal Procedure-Effect Of Excusing Procedure On Composition Of Jury Panel, Robert P. Griffin
Michigan Law Review
Petitioner was found guilty of violating the Harrison Narcotics Act in the Federal District Court for the District of Columbia by a jury composed wholly of federal employees. During the course of voir dire examination, petitioner moved to strike the entire panel, asserting that it did not represent a proper cross-section of the community. This motion was denied. Petitioner exhausted his ten peremptory challenges, and, upon finding that only government employees remained on the jury, then challenged the jury as impaneled for cause. The challenge was overruled. Conviction was affirmed by the circuit court of appeals. On certiorari to the …
Competitive Operation Of Municipally And Privately Owned Utilities, Charles M. Kneier
Competitive Operation Of Municipally And Privately Owned Utilities, Charles M. Kneier
Michigan Law Review
Public utility services for cities are usually provided on the principle of regulated monopoly. It has been found that by the very nature of the utility business, better service can be had and at cheaper rates by the use of one supplier rather than by the use of competing plants: This one plant having a monopoly of the business may be either privately or municipally owned. If the service is furnished by a privately owned utility, regulation is usually by a state commission, but in a few states regulation is still largely by the city in which the company operates. …
Habeas Corpus-Federal Courts-Exhaustion Of State Remedies, E. W. Rothe, Jr.
Habeas Corpus-Federal Courts-Exhaustion Of State Remedies, E. W. Rothe, Jr.
Michigan Law Review
Petitioner's writ of habeas corpus, alleging denial of due process of law in violation of the Fourteenth Amendment, was quashed on the merits by an inferior Florida court whose action was affirmed without opinion by the Florida Supreme Court. It was impossible to ascertain whether the affirmance was on the merits or on the ground that, under Florida law, habeas corpus was not the proper procedure to raise the due process issue. A later decision by the Florida Supreme Court clearly established that the prior case had been decided on the merits of the constitutional question, and that habeas corpus …
Frank: Mr. Justice Black: The Man And His Opinions, Michigan Law Review
Frank: Mr. Justice Black: The Man And His Opinions, Michigan Law Review
Michigan Law Review
A Review of MR. JUSTICE BLACK: THE MAN AND HIS OPINIONS By John P. Frank.
Pritchett: The Roosevelt Court, Michigan Law Review
Pritchett: The Roosevelt Court, Michigan Law Review
Michigan Law Review
A Review of THE ROOSEVELT COURT. By C. Herman Pritchett.
The Bill Of Rights, The Fourteenth Amendment And The Supreme Court, John Raeburn Green
The Bill Of Rights, The Fourteenth Amendment And The Supreme Court, John Raeburn Green
Michigan Law Review
The first enforcement of any of the First Amendment freedoms against the states, through the Fourteenth Amendment, was in 1927. In the twenty years since, these freedoms have, one by one, been brought within the protection of the due process clause of the Fourteenth Amendment, as integral parts of the "liberty" which is safeguarded against state denial-the process having been completed in 1947 by the dictum that the prohibition of the establishment of religion ran against the states. The chronology of the struggle to enforce the Bill of Rights against the states, as well as other circumstances, suggests that the …
Constitutional Law--Due Process And The Bill Of Rights--Self-Incrimination, F. William Hutchinson
Constitutional Law--Due Process And The Bill Of Rights--Self-Incrimination, F. William Hutchinson
Michigan Law Review
In the course of evolving workable doctrines which give substance and meaning to the skeletal phrase "due process of law" as used in the Fourteenth Amendment to limit state action, the Supreme Court has frequently been called on to determine the scope of the several prohibitions and guarantees of the Bill of Rights of the federal Constitution. This general problem, and more particularly the application of the Fifth Amendment self-incrimination clause to state criminal proceedings, was again presented in a recent case and resulted in a sharp division of opinion within the Court.
Reappraisal Of Federal Question Jurisdiction, G. Merle Bergman
Reappraisal Of Federal Question Jurisdiction, G. Merle Bergman
Michigan Law Review
For some time I have been reading and listening to criticisms directed toward decisions which the Supreme Court has rendered in cases involving federal question jurisdiction. The general 'tenor of this criticism is that these decisions demonstrate a surprising lack of uniformity and conscious purpose. Writers profess to search in vain for sound logic in the Court's opinions. They point up instead the anomaly which is reflected when cases involving a substantial federal issue are tried in state courts, while those in which no real federal issue is involved are nevertheless accepted for trial in the federal courts. This result, …
The Divided Supreme Court, 1944-1945, C. Herman Pritchett
The Divided Supreme Court, 1944-1945, C. Herman Pritchett
Michigan Law Review
The United States Supreme Court has in recent years been supplying fascinating material for students interested in the interplay of personal and institutional factors in the judicial decision-making process. Contrary to the more restrictive practices of some other legal systems, the traditions of the American judiciary have never insisted that justices sitting en banc should hide the existence of division among themselves behind a facade of pretended unanimity. Justices who dissent from a decision of their brethren have been permitted to say so, and to give their reasons. This practice has had an immeasurably great effect in facilitating the growth …
The Federal Constitution Today-Important Decisions Of The Supreme Court In The Last Eight Years 1937-1944 Inclusive, Burke Shartel
The Federal Constitution Today-Important Decisions Of The Supreme Court In The Last Eight Years 1937-1944 Inclusive, Burke Shartel
Michigan Law Review
In recent years one often hears lawyers say that the Constitution is gone; or one hears them echo the remark of Charles E. Hughes, made while he was Governor of New York, "We are under a Constitution, but the Constitution is what the judges say it is," and then perhaps add that lawyers can no longer determine with any assurance what the judges will do or will say the Constitution is. Such expressions and reactions are not unnatural in any period of rapid doctrinal change. All contain a large element of truth. Certainly much of the Constitutional Law is gone …
Mr. Justice William Johnson, Creative Dissenter, A. J. Levin
Mr. Justice William Johnson, Creative Dissenter, A. J. Levin
Michigan Law Review
Until the advent of Justice Oliver Wendell Holmes, the masterful and magnetic figure of Chief Justice John Marshall well-nigh overshadowed the whole field of constitutional jurisprudence. That Marshall made inestimable additions to our ideas of cooperative living at the very beginning of our democracy, and that his repute was well deserved, cannot be gainsaid. But one has good cause to wonder why the name of so distinguished a colleague as William Johnson, who sat on the same bench with Marshal for almost thirty years during that formative period, should have been almost completely obscured all these years. Rare, indeed, is …
Valedictory Opinions Of Mr. Justice Holmes, Edward Dumbauld
Valedictory Opinions Of Mr. Justice Holmes, Edward Dumbauld
Michigan Law Review
Mr. Justice Holmes was ninety on March 8, 1931. That anniversary brought him a "shower of birthday congratulations and tributes in writing and print," which included thoughtful appraisals of his work up to then as scholar and judge. But that work was not yet done. There remained "a little finishing canter before coming to a standstill." The aging justice was to participate in the work of two more terms of court before his retirement on January 12, 1932. In Holmes's quiver, waiting to be "fired off," were a dozen opinions which now grace the pages of volume 283 of the …
Mr. Justice William Johnson And The Unenviable Dilemma, A. J. Levin
Mr. Justice William Johnson And The Unenviable Dilemma, A. J. Levin
Michigan Law Review
A policy of judicial avoidance, otherwise referred to as "judicial restraint," has clearly been the dominant trend in the United States Supreme Court since Mr. Justice Holmes began to sit upon that bench at the beginning of this century. There has been an inclination to explain this change as revealing a tendency of the Court to follow a policy of laissez-faire toward the legislative and executive departments, and to stop at this formalistic explanation of this important aspect of the judicial function. The Court's increasing awareness of its own lack of technical competence in dealing with the many complex governmental …
In Defense Of The Supreme Court's Picketing Doctrine, Louis L. Jaffe
In Defense Of The Supreme Court's Picketing Doctrine, Louis L. Jaffe
Michigan Law Review
Picketing, pursued by state prohibition, has now found sanctuary in the Constitution. The Fourteenth Amendment recognizes it as free speech. But not always, says the majority of the Court. There has been sharp fire from both the Right and the Left. The criticism runs much as it did against the Duke of York's generalship of his men. "When they were half-way up they were neither up nor down." In a recent article Mr. Teller argues that picketing is not an exercise of free speech and should never have been constitutionally guaranteed as such. It was the first mistake of the …
Coverage Of The Fair Labor Standards Act, Malcolm M. Davisson
Coverage Of The Fair Labor Standards Act, Malcolm M. Davisson
Michigan Law Review
The Fair Labor Standards Act was upheld by the Supreme Court as a valid exercise of the commerce power in United States v. Darby. By expressly overruling Hammer v. Dagenhart and limiting the application of Carter v. Carter Coal Co., the Court recognized that production is not to be divorced from commerce and extended greatly the range of Congressional control over substandard labor conditions through exercise of the commerce power. There remained, however, the determination of the coverage of the act, which is essentially a problem of statutory delineation in the application of the act to particular fact …
The Supreme Court, The Commerce Clause, And State Legislation, Vincent M. Barnett, Jr.
The Supreme Court, The Commerce Clause, And State Legislation, Vincent M. Barnett, Jr.
Michigan Law Review
Recent decisions have revealed a growing rift in the Supreme Court on the question of the effect of the commerce clause on state legislation. This question, a perennial one in our constitutional history, concerns state legislation affecting in some way or other the carrying on of interstate business, and the validity of that legislation in view of the clause giving Congress the authority to regulate interstate commerce. The permissible scope of state activity in the absence of Congressional action has been the troublesome problem. If Congress acts, the issue is a relatively simple one. When the state action conflicts with …
Constitutional Interpretation And Judicial Self-Restraint, Vincent M. Barnett Jr.
Constitutional Interpretation And Judicial Self-Restraint, Vincent M. Barnett Jr.
Michigan Law Review
The newly reconstituted Supreme Court of the United States has become the center of an earnest controversy with respect to the true role of the Court in constitutional interpretation. The general controversy is, of course, far from new. What makes it of more than ordinary significance is that the Court itself is revealing a tendency substantially to alter the extent, if not the nature, of judicial review. This tendency has not yet become clearly dominant, but it is apparent enough to shake the implicit faith in the Court of many of those to whom, before 1937, any criticism of the …
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 …
Retroactive Application Of Law-A Problem In Constitutional Law, Edward S. Stimson
Retroactive Application Of Law-A Problem In Constitutional Law, Edward S. Stimson
Michigan Law Review
May an overruling decision be applied to ascertain the legal effect of prior conduct? In cases arising under the diversity of citizenship jurisdiction, the United States Supreme Court has held that the federal courts should apply earlier state court decisions, and not a decision overruling them, whenever the retroactive application of the new rule would adversely affect a party who had changed his position in reliance on the decisions overruled. In the absence of such reliance and change of position it has sustained the retroactive application of a new rule. If the basis of the first principle is elemental fairness …
Mr. Justice Cardozo And Problems Of Government, Dean G. Acheson
Mr. Justice Cardozo And Problems Of Government, Dean G. Acheson
Michigan Law Review
The sorrow with which the entire nation learned of the death of Mr. Justice Cardozo bears witness to the sense of loss felt by the great body of his fellow citizens. Few of the people who mourn him had personal opportunity to know the high qualities of his mind or his saintly character. Yet they truly feel that between him and the thought and spirit of his time there was fundamental sympathy and understanding. In a real sense the cast of his thinking was the product of his age. This awareness of his time was coupled in him with sensitiveness …
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 …