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Articles 1 - 30 of 38
Full-Text Articles in Entire DC Network
Constitutional Law-Presumptions Of Fact
Constitutional Law - Home Owners Loan Corporation Act - Penalties Clause
Constitutional Law - Home Owners Loan Corporation Act - Penalties Clause
Michigan Law Review
An indictment under the penalties clause of the Home Owners Loan Corporation Act, brought before the promulgation of authorization of charges for services rendered, was dismissed on the ground that, prior to such authorization, the act was not sufficiently definite to satisfy the Sixth Amendment to the Constitution of the United States. United States v. Willard, (D. C. W.D.Mich.No.4057, September 27, 1934) 2 U.S.LAW WEEK, index p. 99.
State And Nation In A Federal System, Louis B. Boudin
State And Nation In A Federal System, Louis B. Boudin
West Virginia Law Review
One of the fundamental problems in a federal system is the problem who should have the deciding voice in the question of the division of power between the State and the Nation. This problem is twofold: First: Is this question to be decided by the component "states" or by the nation or confederacy as a whole? Second: What organ - legislative, executive, or judicial, - should be entitled to speak in the name of the deciding authority, whether that be "state" or "nation"? It is generally assumed that the United States Constitution has solved this problem by giving the United …
Constitutional Law--Municipal Debt Limit--Bond Issue Payable From Utility Income, Robert Merricks
Constitutional Law--Municipal Debt Limit--Bond Issue Payable From Utility Income, Robert Merricks
West Virginia Law Review
No abstract provided.
Constitutional Law--Federal Taxation Of State Liquor Monopoly, Robert W. Burk
Constitutional Law--Federal Taxation Of State Liquor Monopoly, Robert W. Burk
West Virginia Law Review
No abstract provided.
Injunction-Legality Of Picketing-Constitutional Law
Injunction-Legality Of Picketing-Constitutional Law
Indiana Law Journal
No abstract provided.
Constitutional Law-General And Special Laws
Constitutional Law - New Deal Legislation - Gold Hoarding Statute
Constitutional Law - New Deal Legislation - Gold Hoarding Statute
Michigan Law Review
Two cases involving acts of Congress passed in March 1933 to prevent the hoarding of gold' were denied a review by the United States Supreme Court on October 8. Both of these cases involved the same facts. Plaintiff had delivered certain gold bars to a bank for safe-keeping. Later the bank notified him that, pursuant to an executive order by the President of the United States, it would have to surrender the gold. Immediately the plaintiff demanded the return of the bullion, which demand was refused, and he filed bills for specific performance of the bailment contract against the bank …
Practice And Procedure - Seventh Amendment- Power Of Federal Court To Increase Inadequate Verdict
Practice And Procedure - Seventh Amendment- Power Of Federal Court To Increase Inadequate Verdict
Michigan Law Review
A jury in a federal court awarded the plaintiff $500 for injuries received in an automobile accident. The plaintiff thereupon moved for a new trial on the · ground of inadequate damages. The trial judge, having obtained the consent of the defendant to entry of judgment for $1,500, denied the motion. Plaintiff appealed. Held, (Morton, C. J., dissenting) such procedure operates as a violation of the Seventh Amendment, and the only course open to a federal court in a case where damages are inadequate is to grant a new trial. Schiedt v. Dimick, (C. C. A. ·1st, 1934) …
Constitutional Law-Validity Of Statute Exempting Insurance Benefits From Process For Debts
Constitutional Law-Validity Of Statute Exempting Insurance Benefits From Process For Debts
Michigan Law Review
C, a judgment creditor of W, instituted garnishment proceedings to recover the amount of the judgment out of moneys owed by the X insurance company to W as beneficiary of H's life insurance. Subsequently the Arkansas legislature passed a statute exempting all moneys paid or payable to any resident of the State as the insured or beneficiary designated under any life, sickness, or accident insurance policy, from liability or seizure under judicial process, and provided that such benefits should not be subjected to the payment of any debt. Held, by a unanimous decision of the United …
When An Answer Must Be Filed After A Demurrer To A Bill In Equity Is Overruled, Leo Carlin
When An Answer Must Be Filed After A Demurrer To A Bill In Equity Is Overruled, Leo Carlin
West Virginia Law Review
No abstract provided.
The Constitutionality Of New Deal Measures, Clarence Emmett Manion
The Constitutionality Of New Deal Measures, Clarence Emmett Manion
Journal Articles
In this article, Clarence Manion warns that to honor the Constitution's form but not its substance is to essentially destroy the document. He opines that "Regulation of persons and things is never justified nor justifiable as an end in itself. Regulation for the sake of regulation is paternalism; but regulation as the only means for individual protection is a bulwark of our traditional American liberty. Regulation finds its only justification in the proof of the fact that it is a necessary means for adequate protection of the citizen's rights.
The Interstate Commerce Clause And Nra, Maurice M. Feuerlicht Jr.
The Interstate Commerce Clause And Nra, Maurice M. Feuerlicht Jr.
Indiana Law Journal
No abstract provided.
Constitutional Law-Mortgage Moratorium
Taxation--Constitutional Law--Due Process Of Law As Prescribing Maximum Limits For Direct Property Taxes, Charles W. Caldwell
Taxation--Constitutional Law--Due Process Of Law As Prescribing Maximum Limits For Direct Property Taxes, Charles W. Caldwell
West Virginia Law Review
No abstract provided.
Constitutional Law-Price-Fixing - Changing Attitudes
Constitutional Law-Price-Fixing - Changing Attitudes
Michigan Law Review
The urgent need for rebuilding and readjusting our economic system has forced the various governments to devise methods by which to achieve those ends. The legislative enactments resulting from the efforts to bring about a "recovery" are destined to be challenged on the due process ground. The public is keenly concerned not alone in the practicality of the methods selected, but in their constitutionality as well. The recent case of Nebbia v. People is not only of interest to the lawyer; it was accepted as "good copy" in leading lay publications. The Supreme Court affirmed the conviction of one Nebbia, …
Constitutional Law - Power To Enact Federal Securities Act Of 1933
Constitutional Law - Power To Enact Federal Securities Act Of 1933
Michigan Law Review
The scope and implications of the Securities Act of 1933 have been set out in a recent issue of this Review. Broadly, the Act regulates the issue and sale of securities by requiring registration thereof with the Federal Trade Commission, by specifying certain data to be included in prospectuses relating to such securities, and by imposing sanctions in the form of penal and civil liabilities. The Act purports to be an exercise of the Congressional power "to regulate . . . commerce among the several states" and "to establish post offices and post roads." Various constitutional questions are involved but …
Constitutional Law - Due Process - Fishing Rights In The Public Waters Of Michigan
Constitutional Law - Due Process - Fishing Rights In The Public Waters Of Michigan
Michigan Law Review
The Ne-Bo-Shone Association, Inc., is an Ohio corporation which owns property on both banks of the Pine River for some distance. Following the decision of the Michigan Supreme Court in Collins V. Gerhardt that the stream is navigable and public, the complainant association was ordered to remove obstructions in the stream which hampered the free use of the stream by the public for fishing purposes. Thereupon complainant sought an in junction against certain public officials from taking action to remove these obstructions, claiming that it has the right to exclude the public from this portion of the Pine River, and …
Federal Practice- Declaratory Judgments
Federal Practice- Declaratory Judgments
Michigan Law Review
Alabama, for the purpose of invoking original jurisdiction, applied to the Supreme Court of the United States for leave to file a complaint in equity against nineteen States to have statutes regulating and prohibiting the sale of goods manufactured by convict labor declared void because in violation of the commerce clause of the federal Constitution. Later, Alabama was allowed to submit an amendment eliminating fourteen States. Held, leave to file bill as amended denied. State of Alabama v. State of Arizona, et al., (U. S. 1934) 1 U. S. LAW WEEK (Feb. 6, 1934), index p. 468.
The Minnesota Mortgage Moratorium Case, Joseph V. Heffernan
The Minnesota Mortgage Moratorium Case, Joseph V. Heffernan
Indiana Law Journal
No abstract provided.
Criminal Law And Procedure - Repeal Of Statute - Eighteenth Amendment
Criminal Law And Procedure - Repeal Of Statute - Eighteenth Amendment
Michigan Law Review
Defendants Chambers and Gibson were indicted on June 5, 1933, for conspiracy to violate the National Prohibition Act, and for possessing and transporting liquor in violation of the Act. Chambers pleaded guilty, and the case was continued to the December term. The case was called for trial as to Gibson on December 6, 1933. Chambers filed a plea in abatement, and Gibson demurred to the indictment. Held, the repeal of the Eighteenth Amendment, by the adoption of the Twenty-first, proclaimed December 5, 1933, barred further prosecution. United States v. Chambers and Gibson, (U.S. Sup. Ct. 1934) 1 U.S. …
Constitutional Law-Court Of Claims-Legislative Courts-Reducing Judge's Salary
Constitutional Law-Court Of Claims-Legislative Courts-Reducing Judge's Salary
Indiana Law Journal
No abstract provided.
Constitutional Law-Right To Competition
Constitutional Law-Right To Competition
Michigan Law Review
The appellee was engaged in the business of selling natural gas. A rival utility entered the field duplicating the plant and facilities of the appellee and established with the consent of the Public Service Commission a rate lower than the prevailing rate charged by the appellee. In an attempt to retain its customers against the lower prices of its competitor the appellee lowered its rate several times. The appellants finally ordered the appellee to submit evidence as to the reasonableness of its rates. Upon investigation the Public Service Commission found that the business in the territory was capable of supporting …
The Constitutionality Of An Immediate Liquor Control Program For West Virginia, Forrest Revere Black
The Constitutionality Of An Immediate Liquor Control Program For West Virginia, Forrest Revere Black
West Virginia Law Review
No abstract provided.
Constitutional Law - Moratory Legislation
Constitutional Law - Moratory Legislation
Michigan Law Review
A Minnesota statute, in view of the economic emergency, provided, among other things, that courts might, upon petition of a mortgagor, extend the period of redemption from mortgage foreclosure sales for a definite time not beyond May 1, 1935. If a court took such action, the mortgagor was to remain in possession of the premises and pay a reasonable rental to the mortgagee. Held, by the United States Supreme Court in a five-to-four decision, that this statute did not violate the contracts, or due process, or equal protection clauses of the Constitution. Home Building and Loan Association v. Blaisdell …
The States Did Not Fail In Liquor Control, Andrew J. Russell
The States Did Not Fail In Liquor Control, Andrew J. Russell
Kentucky Law Journal
No abstract provided.
Capitalism, The United States Constitution And The Supreme Court (Cont.), Hugh Evander Willis
Capitalism, The United States Constitution And The Supreme Court (Cont.), Hugh Evander Willis
Kentucky Law Journal
No abstract provided.
Capitalism, The United States Constitution And The Supreme Court, Hugh Evander Willis
Capitalism, The United States Constitution And The Supreme Court, Hugh Evander Willis
Kentucky Law Journal
No abstract provided.
Is An Immediate Liquor Program For Kentucky Within The Scope Of Constitutional Possibilities?, Forrest Revere Black
Is An Immediate Liquor Program For Kentucky Within The Scope Of Constitutional Possibilities?, Forrest Revere Black
Kentucky Law Journal
No abstract provided.
The Changing Relationship Of The Judicial And Executive Branches, F. R. Aumann
The Changing Relationship Of The Judicial And Executive Branches, F. R. Aumann
Kentucky Law Journal
No abstract provided.