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Full-Text Articles in Supreme Court of the United States

A Touchstone For Labor Board Remedies, Theodore J. St. Antoine Jan 1968

A Touchstone For Labor Board Remedies, Theodore J. St. Antoine

Articles

Fashion dictates what lawyers argue about, and law professors write about, more than we may care to admit. In labor law, especially, the styles change with a rapidity that would impress a Paris couturier. During the past decade the spotlight has moved from union democracy to labor contract enforcement to the union organizing campaign. Today the "in" topic is National Labor Relations Board (NLRB) remedies. Yet if any subject deserves immunity from the vagaries of fashion, this is the one; for all rights acquire substance only insofar as they are backed by effective remedies. Coke said it long ago: "[W]ant …

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Police Interrogation And The Supreme Court--The Latest Round, Jerold H. Israel Jan 1967

Police Interrogation And The Supreme Court--The Latest Round, Jerold H. Israel

Book Chapters

My first task is to explain to some degree the nature of the problem embodied in our title. This book has been designated as "Escobedo-The Second Round." What we will be discussing is a series of cases, decided in June, 1966, the most noteworthy of which is Miranda v. Arizona [384 U.S. 436 (1966)]. In these cases, the United States Supreme Court prescribed a new set of standards governing the introduction in evidence of statements obtained from the defendant through police interrogation. Actually, to a degree these standards were not entirely new. They had been suggested, at least in part, …

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The Labor Board And The Arbitrators, Theodore J. St. Antoine Jan 1967

The Labor Board And The Arbitrators, Theodore J. St. Antoine

Other Publications

The Labor Relations Law Section of the State Bar of Michigan held its second program of the current year, from May 27 through May 30, 1967 on Mackinaw Island, on a variety of subject matters with excellent presentations by the resource people conducting each of the various symposiums. Those who were unable to be present in this joint venture of pleasure and legal presentations will be able to at least vicariously "gather in the sheaves" of the legal wisdom disseminated during the program by the report contained herein. For those who were fortunate enough to attend plus those who didn't, …

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Has The Court Left The Attorney General Behind? The Bazelon-Katzenbach Letters On Poverty, Equality, And The Administration Of Criminal Justice, Yale Kamisar Jan 1966

Has The Court Left The Attorney General Behind? The Bazelon-Katzenbach Letters On Poverty, Equality, And The Administration Of Criminal Justice, Yale Kamisar

Articles

Distribution of the first preliminary draft of the proposed American Law Institute Model Code of Pre-Arraignment Procedure last June touched off a brisk exchange of letters between Chief Judge David Bazelon of the United States Court of Appeals for the District of Columbia Circuit, who maintained that the proposed code left a good deal to be desired, and Attorney General Nicholas deB. Katzenbach, who, although he did not explicitly treat any provision of the preliminary draft, sharply challenged the conception of equality underlying Bazelon's criticism of it. By now, both the code, and the Bazelon-Katzenbach correspondence which it evoked, are …

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Elfbrandt V. Russell: The Demise Of The Loyalty Oath, Jerold H. Israel Jan 1966

Elfbrandt V. Russell: The Demise Of The Loyalty Oath, Jerold H. Israel

Articles

In Elfbrandt v. Russell, the Supreme Court, in a 5-to-4 decision, declared unconstitutional Arizona's requirement of a loyalty oath from state employees. At first glance, Elfbrandt appears to be just another decision voiding a state loyalty oath on limited grounds relating to the specific language of the particular oath. Yet, several aspects of Mr. Justice Douglas' opinion for the majority suggest that Elfbrandt is really of far greater significance: it may sharply limit the scope and coverage of loyalty oaths generally and, indeed, may presage a ruling invalidating all such oaths. Of course, only the Supreme Court can determine this. …

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A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar Jan 1966

A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar

Articles

F the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer3 are any indication, Miranda v. Arizona' has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.

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Review Of The Supreme Court On Trial, By C. S. Hyneman., Jerold H. Israel Jan 1964

Review Of The Supreme Court On Trial, By C. S. Hyneman., Jerold H. Israel

Reviews

Professor Hyneman's book represents still another entry in the current debate over the proper role of judicial review in a democratic society.' Although he approaches this subject via an analysis of several recent attacks upon the United States Supreme Court, Professor Hyneman essentially deals with the same topics-the legitimacy of judicial review, the proper standards applicable to constitutional adjudication, and the alleged departure of the school segregation cases2 from those standards-that have served as the subject of several books and at least a score of articles published within the past five years.3 Indeed the writing in this area has grown …

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The Supreme Court On Trial, William W. Van Alstyne Jan 1964

The Supreme Court On Trial, William W. Van Alstyne

Faculty Publications

This review of The Supreme Court on Trial questions why the work’s tackling the age-old issues of the source of judicial review and its constitutionality is particularly novel or unique from other such examinations. Issue is also taken with Brown v. Boards dominance of such discussion and the book’s poor treatment of the desegregation cases.

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Book Review Of The Sovereign Prerogative, John E. Donaldson Jan 1963

Book Review Of The Sovereign Prerogative, John E. Donaldson

William & Mary Law Review

No abstract provided.

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Nonpopulation Factors Relevant To An Acceptable Standard For Apportionment, Jerold H. Israel Jan 1963

Nonpopulation Factors Relevant To An Acceptable Standard For Apportionment, Jerold H. Israel

Articles

Of the many problems left unanswered in Baker v. Carr,' the one that has received the most attention both from lower courts and commentators is that of prescribing a specific standard for determining what constitutes a denial of "equal protection" in legislative apportionment.2 The starting point universally accepted - indeed, probably required by Baker - for attacking this problem is the definition of apportionment equality in terms of mathematical measurement of the individual's "voting power."3 Perfect equality in apportionment is viewed as requiring that each election district contain an equal population, so that every individual's vote in his district will …

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Gideon V. Wainwright: The Art Of Overruling, Jerold H. Israel Jan 1963

Gideon V. Wainwright: The Art Of Overruling, Jerold H. Israel

Articles

During the 1962 Term, the Supreme Court, on a single Monday, announced six decisions concerned with constitutional limitations upon state criminal procedure. The most publicized of these, though probably not the most important in terms of legal theory or practical effect, was Gideon v. Wainwright. In an era of constantly expanding federal restrictions on state criminal processes, the holding of Gideon-that an indigent defendant in a state criminal prosecution has an unqualified right to the appointment of counsel-was hardly startling. And while Gideon will obviously have an important effect in the handful of states that still fail to appoint counsel …

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One Man’S Stand For Freedom: Opinions And Lectures Of Mr. Justice Hugo Black, William W. Van Alstyne Jan 1963

One Man’S Stand For Freedom: Opinions And Lectures Of Mr. Justice Hugo Black, William W. Van Alstyne

Faculty Publications

This review champions the editor’s use of Mr. Justice Black’s own opinions in showcasing his emphasis of the emancipating aspects of the Constitution. This work cautions the reader to avoid relying on this compilation as an accurate depiction of the state of the law, especially considering that most of the included opinions are dissents.

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Constitutional Separation Of Church And State: The Quest For A Coherent Position, William W. Van Alstyne Jan 1963

Constitutional Separation Of Church And State: The Quest For A Coherent Position, William W. Van Alstyne

Faculty Publications

No abstract provided.

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On Charting A Course Through The Mathematical Quagmire: The Future Of Baker V. Carr, Jerold H. Israel Jan 1962

On Charting A Course Through The Mathematical Quagmire: The Future Of Baker V. Carr, Jerold H. Israel

Articles

The Tennessee reapportionment decision, Baker v. Carr,' has been popularly characterized as one of the "very few judicial decisions which have fundamentally reshaped our constitutional system."'2 Newspaper and magazine commentators generally have predicted that the decision of last March is likely to "change the course of our history" by producing a drastic alteration in the balance of power on the state political scene.3 While this end may be desirable,4 any such estimate of the future impact of the Baker decision, at least insofar as its legal consequence is concerned,5 seems not only premature but somewhat exaggerated. The future significance of …

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Book Review Of Justices Black And Frankfurter: Conflict In The Court, Richard G. Stevens Oct 1961

Book Review Of Justices Black And Frankfurter: Conflict In The Court, Richard G. Stevens

William & Mary Law Review

No abstract provided.

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Book Review Of The People And The Court, Neil W. Schilke Mar 1960

Book Review Of The People And The Court, Neil W. Schilke

William & Mary Law Review

No abstract provided.

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The Consent Decree In Antitrust Enforcement--Analysis And Criticism, J. Dennis Hynes Jan 1960

The Consent Decree In Antitrust Enforcement--Analysis And Criticism, J. Dennis Hynes

Publications

No abstract provided.

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Compulsory Joinder Of Parties In Civil Actions, John W. Reed Jan 1957

Compulsory Joinder Of Parties In Civil Actions, John W. Reed

Articles

The plaintiff in a civil cause ordinarily is permitted to select the persons with whom he will litigate. The initial designation of parties to an action is made by the plaintiff, and if he chooses to sue B and not A,' that is ordinarily of no concern to B or to A or to the court. So also where the plaintiff without A as co-plaintiff sues B. Not always, however, is the plaintiff permitted unfettered choice in naming the parties to his lawsuit. On the one hand there are persons whose relationship to the situation in litigation is outside the …

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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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Developments In The Law Of Coerced Confessions, Howard Klemme Jan 1954

Developments In The Law Of Coerced Confessions, Howard Klemme

Publications

No abstract provided.

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Current Decision, Due Process--Use Of Blood Tests To Determine Intoxication Not Violative Of Due Process, Howard Klemme Jan 1953

Current Decision, Due Process--Use Of Blood Tests To Determine Intoxication Not Violative Of Due Process, Howard Klemme

Publications

No abstract provided.

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The Supreme Court Of The United States, James M. Beck Apr 1925

The Supreme Court Of The United States, James M. Beck

West Virginia Law Review

No abstract provided.

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International Aspects Of Prohibition Enforcement, Edwin D. Dickinson Jan 1923

International Aspects Of Prohibition Enforcement, Edwin D. Dickinson

Articles

The Eighteenth Amendment to the Federal Constitution prohibits "the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes." 40 Stat. io5O, 1941. In the National Prohibition Cases. 253 U. S. 350, 386, the amendment was said to be operative "throughout the entire territorial limits of the United States." As originally enacted, the National Prohibition Act did not in terms define its territorial field, but a supplemental provision afterwards enacted declares that the act "shall apply not only to …

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Unrecognized Government Or State In English And American Law (Part 2), Edwin D. Dickinson Jan 1923

Unrecognized Government Or State In English And American Law (Part 2), Edwin D. Dickinson

Articles

PROBABLY no one in the British Empire or the United States would question the doctrine that it belongs exclusively to the political departments to recognize new governments or states. The difficulties involved are those which arise in the application of a doctrine so broadly stated. Not every situation involving an unrecognized government or state requires the decision of a question of recognition. If the decision of a political question is not involved, then it is entirely proper for the courts to take cognizance of a mere de facto government or state. In what situations may the courts appropriately take account …

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Unrecognized Government Or State In English And American Law (Part 1), Edwin D. Dickinson Jan 1923

Unrecognized Government Or State In English And American Law (Part 1), Edwin D. Dickinson

Articles

From the decision of this novel case, reported as Pelzer v. United Dredging Co., we may infer that the New York courts regard unrecognized Mexico as a sort of legal vacuum. In granting the corporation's motion for judgment on the pleadings, the Supreme Court said: "The administratrix plaintiff is an officer of a foreign court. It is syllogistically true that if the foreign court has no recognized power here she may not assert a right derived through her appointment therefrom. The Mexican government is not de facto here, since recognition alone can make it so. It may have all the …

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Public Utility Valuation, Edwin C. Goddard Jan 1923

Public Utility Valuation, Edwin C. Goddard

Articles

It has been so often remarked that the "valuation" of public utilities is determined by no rule of thumb, that there are no fixed rules or formulas to guide courts or commissions, that determination of value as a rate base is matter of judgment and discretion in each case, Minnesota Rate Cares, 230 U. S. 352, 434, that the statement has come to be believed by reason in part of its much repetition. It is usually accepted as axiomatic. The glorious uncertainty resulting from such an admission will continue so long as judgments of one man or set of men …

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Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell Feb 1922

Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell

Michigan Law Review

While the Constitution does not in terms forbid the United States, as it forbids the states, to pass any law impairing the obligation of contracts, the principle has become established that contracts made by the United States may create rights of which individuals may not be divested. This principle is attached to the Fifth Amendment's prohibition against depriving any person of property without due process of law. In applying this principle, United States v. Northern Pacific Ry. Co.2 held that a grant of land to a railroad to induce its construction is a contract, and that provisions for substituting indemnity …

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Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell Jan 1922

Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell

Michigan Law Review

The difficulty of classifying cases on the police power has not evaporated since the review of decisions for the preceding year. The headings there suggested are used here. Classification on the basis of the objects of the legislation appears too precarious to be attempted with any confidence. It seems safer to work along the line of the subject matters with which the legislation deals. Certain topics are species of a wider genus, and thus the same case may be put in two or more groups. Readers who are dissatisfied with the classification adopted may be assured of the sympathy of …

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Ex Post Facto In The Constitution, Oliver P. Field Jan 1922

Ex Post Facto In The Constitution, Oliver P. Field

Michigan Law Review

Any study of the ex post facto clauses of the Constitution NwYh icshtu ddyid onf ott hceo mexm epnocset fwaicthto ac lcaousnessid eorfa titohne oCfo nCstaitludteiro nv'. Bull2 would not conform to good practice. The text writers and the commentators uniformly begin their treatment of ex post facto laws by citing it as the leading case, and setting forth its doctrine. There is singular agreement as to the correctness of the holding of the case.3 The statement given by Cooley is typical: "At an early day it was settled by authoritative decision, in opposition to what might seem the more …

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Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell Dec 1921

Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell

Michigan Law Review

In a proceeding brought by the United States to restrain the construction of a dam in a stream alleged to be a "navigable river, or other navigable water of the United States," Economy Light & Power Co. v. United States2 held that "a river having actual navigable capacity in its natural state and capable of carrying commerce among the states is within the power of Congress to preserve for future transportation, even though it be not at present used for such commerce, and be incapable of such use according to present methods, either by reason of changed conditions or because …

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