AuthorTitleCitationSummaryYearTypeKey Terms in Title or SummaryCase Status
Brainerd Currie The Constitution and the "Transitory" Cause of Action 73 Harvard Law Review 268 (December, 1959) Professor Currie, having developed in the first part of his article the theory that the Supreme Court erred in grounding its decision in Hughes v. Fetter on the full-faith-and-credit clause instead of the equal-protection clause, now proceeds to consider situations in the conflict of laws in which the former provision is applicable. His conclusion... 1959 Law Review Articles and Other Secondary Sources    
Harold D. Lasswell , Richard C. Donnelly The Continuing Debate over Responsibility: an Introduction to Isolating the Condemnation Sanction 68 Yale Law Journal 869 (April, 1959) In recent years, perennial questions about criminal responsibility have gone thrfough another phase of active and sometimes vociferous debate. After World War II, both civilian and military leaders of defeated countries were prosecuted as war criminals under doctrines and conventions of international law that gave rise to controversies not yet... 1959 Law Review Articles and Other Secondary Sources    
Harold D. Lasswell , Richard C. Donnelly The Continuing Debate over Responsibility: an Introduction to Isolating the Condemnation Sanction 68 Yale Law Journal 869 (April, 1959) In recent years, perennial questions about criminal responsibility have gone thrfough another phase of active and sometimes vociferous debate. After World War II, both civilian and military leaders of defeated countries were prosecuted as war criminals under doctrines and conventions of international law that gave rise to controversies not yet... 1959 Law Review Articles and Other Secondary Sources    
Lester B. Orfield, Professor of Law, Indiana University. Member United States Supreme Court Advisory Committee on Rules of Criminal Procedure The Federal Grand Jury 22 Federal Rules Decisions 343 (1958, 1959) C1-4Analysis Page L1-3I. History of Drafting of Rule 6 346 L1-3II. The Constitutional Right to a Grand Jury 357 L1-3III. The Grand Jury Before the Federal Criminal Rules 360 L2-3A. The Statutes and the Law Applied 360 L2-3B. Drawing 362 L2-3C. Summoning and Impaneling 364 L2-3D. Challenges 368 L2-3E. Pleas in Abatement 370 L2-3F. Motion to Quash... 1959 Law Review Articles and Other Secondary Sources    
Lester B. Orfield, Professor of Law, Indiana University. Member United States Supreme Court Advisory Committee on Rules of Criminal Procedure The Federal Grand Jury 22 Federal Rules Decisions 343 (1958, 1959) C1-4Analysis Page L1-3I. History of Drafting of Rule 6 346 L1-3II. The Constitutional Right to a Grand Jury 357 L1-3III. The Grand Jury Before the Federal Criminal Rules 360 L2-3A. The Statutes and the Law Applied 360 L2-3B. Drawing 362 L2-3C. Summoning and Impaneling 364 L2-3D. Challenges 368 L2-3E. Pleas in Abatement 370 L2-3F. Motion to Quash... 1959 Law Review Articles and Other Secondary Sources    
  The Problem of Capacity in Union Suits: a Potpourri of Erie, Diversity and the Federal Rules of Civil Procedure 68 Yale Law Journal 1182 (May, 1959) For purposes of suit, a union may be viewed either as an aggregate of individuals or as an entity distinct from its.members. At common law, a union is an aggregation, not an entity capable of appearing as a party litigant; and the difficulty of joining all members in an action can serve to insulate unions from suit or to deny them access to the... 1959 Law Review Articles and Other Secondary Sources    
  The Problem of Capacity in Union Suits: a Potpourri of Erie, Diversity and the Federal Rules of Civil Procedure 68 Yale Law Journal 1182 (May, 1959) For purposes of suit, a union may be viewed either as an aggregate of individuals or as an entity distinct from its.members. At common law, a union is an aggregation, not an entity capable of appearing as a party litigant; and the difficulty of joining all members in an action can serve to insulate unions from suit or to deny them access to the... 1959 Law Review Articles and Other Secondary Sources    
  The Use of Deadly Force in the Protection of Property under the Model Penal Code 59 Columbia Law Review 1212 (December, 1959) The law has always recognized that a person is justified in using some degree of force to protect his property from wrongful invasion or appropriation by another. However, in any given situation a person whose property is threatened and one of whose objectives is to protect that property may also be justified in using force to prevent the... 1959 Law Review Articles and Other Secondary Sources    
  The Use of Deadly Force in the Protection of Property under the Model Penal Code 59 Columbia Law Review 1212 (December, 1959) The law has always recognized that a person is justified in using some degree of force to protect his property from wrongful invasion or appropriation by another. However, in any given situation a person whose property is threatened and one of whose objectives is to protect that property may also be justified in using force to prevent the... 1959 Law Review Articles and Other Secondary Sources    
Herbert Wechsler Toward Neutral Principles of Constitutional Law 73 Harvard Law Review 1 (November, 1959) Professor Wechsler, disagreeing with Judge Learned Hand as to the justification for judicial review of legislative action, argues that courts have the power, and duty, to decide all constitutional cases in which the jurisdictional and procedural requirements are met. The author concludes that in these cases decisions must rest on reasoning and... 1959 Law Review Articles and Other Secondary Sources    
Herbert Wechsler Toward Neutral Principles of Constitutional Law 73 Harvard Law Review 1 (November, 1959) Professor Wechsler, disagreeing with Judge Learned Hand as to the justification for judicial review of legislative action, argues that courts have the power, and duty, to decide all constitutional cases in which the jurisdictional and procedural requirements are met. The author concludes that in these cases decisions must rest on reasoning and... 1959 Law Review Articles and Other Secondary Sources    
  United ex Rel. Rauch States V. Stockinger 269 F.2d 681, United States Court of Appeals Second Circuit, 25567, 318, 319, Docket Number 25568 (7/10/1959) Habeas corpus proceeding brought to test validity of order of United States Commissioner extraditing petitioners to Canada. The United States District Court for the Eastern District of New York, Mortimer W. Byers, Chief Judge, 170 F.Supp. 506, rendered order dismissing writ and relators appealed. The Court of Appeals, Waterman, Circuit Judge, held... 1959 Cases    
  United ex Rel. Rauch States V. Stockinger 269 F.2d 681, United States Court of Appeals Second Circuit, Docket Number 25567, 318, 319, 25568 (7/10/1959) Habeas corpus proceeding brought to test validity of order of United States Commissioner extraditing petitioners to Canada. The United States District Court for the Eastern District of New York, Mortimer W. Byers, Chief Judge, 170 F.Supp. 506, rendered order dismissing writ and relators appealed. The Court of Appeals, Waterman, Circuit Judge, held... 1959 Cases    
  Ventre V. Ryder 176 F.Supp. 90, United States District Court W.D. Louisiana, Opelousas Division, Docket Number CIV. 7473 (8/12/1959) Action for declaratory and injunctive relief by plaintiffs on behalf of themselves and all persons properly qualified and registered to vote in certain parish in Louisiana. The District Court, Hunter, J., held that fact that registrar of voters and her assistants had denied to plaintiffs certain rights that plaintiffs had under state law to... 1959 Cases    
  Ventre V. Ryder 176 F.Supp. 90, United States District Court W.D. Louisiana, Opelousas Division, Docket Number CIV. 7473 (8/12/1959) Action for declaratory and injunctive relief by plaintiffs on behalf of themselves and all persons properly qualified and registered to vote in certain parish in Louisiana. The District Court, Hunter, J., held that fact that registrar of voters and her assistants had denied to plaintiffs certain rights that plaintiffs had under state law to... 1959 Cases    
  Vitarelli V. Seaton 359 U.S. 535, Supreme Court of the United States, Docket Number 101 (6/1/1959) Action by former government employee for reinstatement and a declaration that his dismissal had been illegal and ineffective. The United States District Court for the District of Columbia entered summary judgment for the Secretary of the Interior and employee appealed. The Court of Appeals, 102 U.S.App.D.C. 316, 253 F.2d 338, affirmed and employee... 1959 Cases   This has some negative history but hasn’t been reversed or overruled.
  Vitarelli V. Seaton 359 U.S. 535, Supreme Court of the United States, Docket Number 101 (6/1/1959) Action by former government employee for reinstatement and a declaration that his dismissal had been illegal and ineffective. The United States District Court for the District of Columbia entered summary judgment for the Secretary of the Interior and employee appealed. The Court of Appeals, 102 U.S.App.D.C. 316, 253 F.2d 338, affirmed and employee... 1959 Cases   This has some negative history but hasn’t been reversed or overruled.
  Walker V. State 269 Ala. 555, Supreme Court of Alabama, Docket Number 6 DIV. 381 (6/25/1959) Defendant was convicted of rape and from a judgment of the Circuit Court, Jefferson County, Alta L. King, J., the defendant appealed. The Supreme Court, Lawson, J., held that the evidence sustained conviction, and that the trial court was not required to instruct on insanity where there was absolutely no evidence thereof. Judgment affirmed. 1959 Cases    
  Walker V. State 269 Ala. 555, Supreme Court of Alabama, Docket Number 6 DIV. 381 (6/25/1959) Defendant was convicted of rape and from a judgment of the Circuit Court, Jefferson County, Alta L. King, J., the defendant appealed. The Supreme Court, Lawson, J., held that the evidence sustained conviction, and that the trial court was not required to instruct on insanity where there was absolutely no evidence thereof. Judgment affirmed. 1959 Cases    
  Washington V. State 269 Ala. 146, Supreme Court of Alabama, Docket Number 6 DIV 227 (2/12/1959) Defendant was convicted of murder in the first degree. The Circuit Court, Jefferson County, F. R. Mathews, Supernumerary Judge, entered judgment, and defendant appealed. The Supreme Court, Lawson, J., held that where prosecutor, during his cross-examination of defendant, examined written statement made to defendant by police officer and statement... 1959 Cases    
  Washington V. State 269 Ala. 146, Supreme Court of Alabama, Docket Number 6 DIV 227 (2/12/1959) Defendant was convicted of murder in the first degree. The Circuit Court, Jefferson County, F. R. Mathews, Supernumerary Judge, entered judgment, and defendant appealed. The Supreme Court, Lawson, J., held that where prosecutor, during his cross-examination of defendant, examined written statement made to defendant by police officer and statement... 1959 Cases    
  Williams V. State 229 Ark. 1022, Supreme Court of Arkansas, Docket Number 4905 (1/26/1959) Defendant was convicted of involuntary manslaughter. The Circuit Court, Jackson County, Andrew Ponder, J., rendered judgment, and defendant appealed. The Supreme Court, Robinson, J., held that the evidence was sufficient to sustain conviction for involuntary manslaughter based on death of occupants of automobile which collided with rear of stalled... 1959 Cases    
  Williams V. State 229 Ark. 1022, Supreme Court of Arkansas, Docket Number 4905 (1/26/1959) Defendant was convicted of involuntary manslaughter. The Circuit Court, Jackson County, Andrew Ponder, J., rendered judgment, and defendant appealed. The Supreme Court, Robinson, J., held that the evidence was sufficient to sustain conviction for involuntary manslaughter based on death of occupants of automobile which collided with rear of stalled... 1959 Cases    
  Aaron V. Cooper 257 F.2d 33, United States Court of Appeals Eighth Circuit, Docket Number 16034 (8/18/1958) Members of school board of city and superintendent of schools filed a petition asking that court-approved plan of integration in schools be reconsidered and that operation of the plan be postponed. Thereafter they filed an amended petition alleging that it was their opinion that suspension of operation under the plan until January 1961 was... 1958 Cases    
  Aaron V. Cooper 257 F.2d 33, United States Court of Appeals Eighth Circuit, Docket Number 16034 (8/18/1958) Members of school board of city and superintendent of schools filed a petition asking that court-approved plan of integration in schools be reconsidered and that operation of the plan be postponed. Thereafter they filed an amended petition alleging that it was their opinion that suspension of operation under the plan until January 1961 was... 1958 Cases    
  Applications for Reassignment of Pupils 247 N.C. 413, Supreme Court of North Carolina, Docket Number 612 (1/10/1958) Suit by parents of children to enjoin an order of the board of education reassigning other children to various schools. From an adverse judgment at Chambers, Guilford County, Preyer, J., the petitioners appealed. The Supreme Court, Rodman, J., held that under the statutes respecting assignment and reassignment of school children, if a parent is... 1958 Cases    
  Applications for Reassignment of Pupils 247 N.C. 413, Supreme Court of North Carolina, Docket Number 612 (1/10/1958) Suit by parents of children to enjoin an order of the board of education reassigning other children to various schools. From an adverse judgment at Chambers, Guilford County, Preyer, J., the petitioners appealed. The Supreme Court, Rodman, J., held that under the statutes respecting assignment and reassignment of school children, if a parent is... 1958 Cases    
Major James C. Waller, Jr. Assimilative Crimes Act--state Laws Assimilated 2 Military Law Review 107 (September, 1958) Article 134 of the Uniform Code of Military Justice provides for the punishment of crimes and offenses not captial, of which persons subject to this code may be guilty which are otherwise not specifically mentioned in this code. Within the boundaries of a military reservation subject to the exclusive or concurrent jurisdiction of the United... 1958 Law Review Articles and Other Secondary Sources    
Major James C. Waller, Jr. Assimilative Crimes Act--state Laws Assimilated 2 Military Law Review 107 (September, 1958) Article 134 of the Uniform Code of Military Justice provides for the punishment of crimes and offenses not captial, of which persons subject to this code may be guilty which are otherwise not specifically mentioned in this code. Within the boundaries of a military reservation subject to the exclusive or concurrent jurisdiction of the United... 1958 Law Review Articles and Other Secondary Sources    
  Bailey V. Henslee 168 F.Supp. 314, United States District Court, E.D. Arkansas, Western Division, Docket Number CIV. 3656 (12/3/1958) Proceeding on a petition by state prisoner for habeas corpus. The District Court, Henley, J., held that fact that a state prisoner sought unsuccessfully to raise question of whether he had been deprived of due process of law by state court's denial during course of his criminal trial of compulsory process to compel attendance of jury commissioners... 1958 Cases    
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