Author | Title | Citation | Summary | Year | Type | Key Terms in Title or Summary | Case 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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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This has some negative history but hasn’t been reversed
or overruled. |
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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 |
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This has some negative history but hasn’t been reversed
or overruled. |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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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