Federal Supremacy and State Anti-Subversive Legislation

State legislatures have been prompted by international tensions of recent years to enact new and stringent anti-subversive laws, thus adding to an already large body of statutes directed against various forms of subversion. Many of these statutes are open to serious objection on constitutional ·grounds. The purpose of this article is to examine those objections which are based upon the notion either that federal power in the area is exclusive or that Congress, expressly or by necessary inference, has pre-empted the field

LEGISLATION-STATUTORY CONSTRUCTION-VALIDITY OF CANON THAT STATUTES IN DEROGATION OF THE COMMON LAW SHOULD BE STRICTLY CONSTRUED

Plaintiffs brought suit to recover damages for the death of their adopted son under the Mississippi wrongful death act, which provides that an action may be brought by the parent for the death of the child. The defendants incorporated in their answer a special plea that the statute does not vest a cause of action in adoptive parents. On appeal from a judgment sustaining this plea, without prejudice to the rights of the deceased\u27s natural parents to bring another action, held, affirmed. The Mississippi wrongful death statute gives a right of action to natural parents only. Boroughs v. Oliver, (Miss. 1953) 64 S. (2d) 338

REGULATION OF BUSINESS-FEDERAL TRADE COMMISSION ACT-LEGALITY OF OFFERS OF \u27\u27FREE GOODS UPON AGREEMENT TO PURCHASE OTHER MERCHANDISE

On June 30, 1948 the Federal Trade Commission issued a complaint against Walter J. Black, Inc., a corporation doing business as the Classics Club and the Detective Book Club. The Commission charged that use by the respondent of the word free in its advertising was false, misleading, and deceptive. The alleged deception consisted in the fact that in order to obtain the books designated as free the prospective purchaser was required to join respondent\u27s club and thereby obligated himself to purchase at least four books a year from the respondent. The hearing examiner in his initial decision found that respondent\u27s use of the word free was in fact misleading and deceptive. Respondent appealed to the Commission. Held, Commissioner Mead dissenting, complaint dismissed. Walter J. Black, Inc., F.T.C. Dkt. 5571 (1953)

CONSTITUTIONAL LAW - JUDICIAL POWERS - LEGALITY OF THE GRAND JURY REPORT

On December 2, 1952, a federal grand jury for the United States District Court for the Southern District of New York, in a presentment made to that court, took the State Department severely to task for what it considered to be a conspicuous failure in handling the problem of subversive employees, United States citizens, at the United Nations. It further charged the State Department with impeding the grand jury\u27s progress in attempting to fix responsibility for the failure upon certain State Department officials. On October 11, 1951, the Camden County grand jury presented to the Superior Court of New Jersey for Camden County a report in which various irregularities in connection with the management of the county jail were charged. The sheriff of the county moved to expunge from the record portions of this report alleged to be defamatory as to him. An order denying this motion was subsequently upheld by the Supreme Court of New Jersey in In re Presentment by Camden County Grand Jury. The October grand jury of Westchester County, New York, in its report on the so-called Peekskill Riots of 1949, roundly criticized the American Civil Liberties Union for publishing a report entitled Violence in Peekskill. The grand jury described the Union\u27s report as \u27\u27based on a biased assumption as to the underlying cause of the disorder and found that much of its text and some of its conclusions are so far from the truth as to be scandalous. In Tennessee, a grand jury which two years ago investigated charges of immoral practices in a Memphis high school reported to the court that the charges were wholly unfounded. Incorporated in the report was a statement that Mrs. Maurine D. Hayslip, a teacher at the high school who had first publicized the charges, had viciously maligned the school and that her continued employment in city schools would be unadvisable and a disservice to the community. A motion by Mrs. Hayslip to expunge this portion of the report was denied by the Supreme Court of Tennessee in Hayslip v. State. The October grand jury for the United States District Court for the Southern District of New York, in a presentment issued November 25, 1952, said that certain non-Communist affidavits filed by union officials under section 9(h) of the Taft-Hartley Act were not worth the paper they are written on and that the filing of such affidavits was a subterfuge. The union officials, who were not named, had invoked the privilege against self-incrimination when subpoenaed in connection with an investigation of possible violations of conspiracy and perjury laws arising out of the non-Communist affidavit provision of the Taft-Hartley Act. The grand jury recommended that the National Labor Relations Board revoke the certification of the unions involved. Two unions and four union officials individually moved to expunge this presentment from the records of the court. The district court granted the motion in Application of United Electrical Workers

INTERNATIONAL LAW-RESERVATIONS TO COMMERCIAL TREATIES DEALING WITH ALIENS\u27 PLIGHTS TO ENGAGE IN THE PROFESSIONS

The question of how far an alien may engage in a profession despite state requirements of citizenship which attach to many professions has not been widely litigated or discussed in this country. Recent action by the United States Senate, however, has created interest in problems presented by commercial treaty provisions which guarantee to alien nationals of many countries the right to engage in professions. Attention has thus been focused on law and policy questions which were formerly of little concern outside of the State Department. On July 21, 1953 the Senate gave its advice and consent to the ratification of commercial treaties with Israel, Denmark, Greece, Japan, and the Federal Republic of Germany. In each of these treaties appeared a provision guaranteeing reciprocally the rights of nationals to engage in the professions

Reading Lefebvre’s Right to the city in the age of the internet

Taking as its starting point Henri Lefebvre’s apparently innocent concept of ‘the right to the city’ (Lefebvre 1968), this chapter speculates on how citizenship in relation to both access to and control over civic space is becoming nuanced and philosophically challenging with the insertion of the adjective ‘smart’, as a qualifier of the city. In particular, I am interested in the agency of individuals and communities as appropriators of the city when the space of the city moves online – how this may be both a threat to the historical autonomy of groups and individuals and also an opportunity for such autonomy. Central to the analysis offered here is Chantal Mouffe’s (2000) notion of agonism, as a way of conceptualizing how agency may be negotiable both between communities of interest and with controlling authorities – either in the form of the state, or the market

Understanding the impact of economic migrants and landless farmers on mass produced housing and community space in China, using the case of Zhangjing, Suzhou

As a consequence of the rapid, government-led and globally fuelled urban development that is occurring within China, an unplanned form of urbanization is emerging, whereby landless farmers and economic migrants are resettling and occupying both public space and housing in ways that deviate from the community development plan. The paper will use both historical and contemporary urban theory, together with a case study of Zhangjiing in Suzhou Industrial Park, China as means of critiquing and learning from these consequences and the planning and policy instruments in place. The case of Zhangjing can be critically reviewed in the context of Christopher Alexander’s argument that when a new urban development is created which is modelled or predicated on a tree structure to replace the semi-lattice that was there before, the city takes a step towards dissociating itself from its geographical and cultural context

The negotiated public realm in the contemporary city : hybrid walkable urban networks of Hong Kong

This paper focuses on the character of multi-level pedestrian accessibility and walkability within the public and quasi-public realm in Hong Kong, using the particular case of the redevelopment of Taikoo Place in Quarry Bay. In an era when the value of public space as a space for public activity and debate is coming under increasing scrutiny, both in Hong Kong and internationally, this paper explores multi-level interior and exterior public and quasi-public realm, as a hybrid form of interior open and transit space in a commercial setting that has becomes a central part of the city’s planning, designed to both serve and profit from the high level of pedestrian traffic. This paper draws on empirical research of pedestrian behaviour patterns to interrogate the value and significance of linked-spaces within commercial districts, both to the users and the real estate travelled through, using the city of Hong Kong as a reference and the specific case of Taikoo Place