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Articles 1 - 30 of 40
Full-Text Articles in Entire DC Network
Constitutional Interpretation And Judicial Self-Restraint, Vincent M. Barnett Jr.
Constitutional Interpretation And Judicial Self-Restraint, Vincent M. Barnett Jr.
Michigan Law Review
The newly reconstituted Supreme Court of the United States has become the center of an earnest controversy with respect to the true role of the Court in constitutional interpretation. The general controversy is, of course, far from new. What makes it of more than ordinary significance is that the Court itself is revealing a tendency substantially to alter the extent, if not the nature, of judicial review. This tendency has not yet become clearly dominant, but it is apparent enough to shake the implicit faith in the Court of many of those to whom, before 1937, any criticism of the …
Right Of Trial By Jury In Civil Actions, Ashton File
Right Of Trial By Jury In Civil Actions, Ashton File
West Virginia Law Review
No abstract provided.
Constitutional Law - Labor Law - Peaceful Picketing Guaranteed By Due Process Clause Of Fourteenth Amendment, Eugene T. Kinder
Constitutional Law - Labor Law - Peaceful Picketing Guaranteed By Due Process Clause Of Fourteenth Amendment, Eugene T. Kinder
Michigan Law Review
In the recent Thornhill and Carlson decisions the Supreme Court of the United States declared an Alabama statute and a California county ordinance prohibiting all picketing, peaceful or otherwise, unconstitutional on the ground that such broad legislation deprived employees and union members of their right of free speech, guaranteed by the due process clause of the Fourteenth Amendment to the Constitution of the United States. In holding that employees and workers have a constitutional right to publicize the facts of a labor dispute, the Court was but taking another step in its recent crusade for the preservation of civil liberties. …
Are The Gasoline, Cigarette, And Sales Taxes Unconstitutional?, John B. Sholley
Are The Gasoline, Cigarette, And Sales Taxes Unconstitutional?, John B. Sholley
Washington Law Review
It is indeed rather surprising to discover that there is a strong possibility that all three of these taxes are unconstitutional in their present statutory forms. But this appears to be the effect of a recent decision of the state supreme court. The case referred to, State v. Inland Empire Refineries, involved the validity of a 1939 statute imposing an excise tax of one-fourth cent per gallon upon the distribution of petroleum products other than motor fuel, lubricants, and medicants. The statute was held unconstitutional in its entirety upon three independent grounds. First, the discrimination against vendors and users of …
National Defense And Individual Liberties, Wilbur G. Katz
National Defense And Individual Liberties, Wilbur G. Katz
Indiana Law Journal
Dean Wilber G. Katz, University of Chicago Law School at the annual banquet of the Indiana State Bar Association, Fort Wayne, August 24, 1940.
A Lawyer Looks At Liberty, Clarence E. Manion
A Lawyer Looks At Liberty, Clarence E. Manion
Indiana Law Journal
No abstract provided.
Constitutional Law-Appeals From Administrative Tribunals
Constitutional Law-Appeals From Administrative Tribunals
Indiana Law Journal
Recent Case Notes
The Supreme Court And Disputes Between States, Charles Warren
The Supreme Court And Disputes Between States, Charles Warren
James Goold Cutler Lecture
No abstract provided.
Constitutional Law-Conditional Legislation-Delegation To Judiciary Magistrates Court Act
Constitutional Law-Conditional Legislation-Delegation To Judiciary Magistrates Court Act
Indiana Law Journal
Recent Case Notes
Constitutional Law-Privileges And Immunities-Colgate V. Harvey
Constitutional Law-Privileges And Immunities-Colgate V. Harvey
Indiana Law Journal
Recent Case Notes
Constitutional Law - Interstate Commerce - Validity Of Ordinance Requiring Drummer's License, Michigan Law Review
Constitutional Law - Interstate Commerce - Validity Of Ordinance Requiring Drummer's License, Michigan Law Review
Michigan Law Review
Defendant, a door-to-door salesman, solicited orders in Minnesota for goods, which were later shipped from his employer's factory in Wisconsin to his house in Minnesota. There he broke the original packages and filled his customers' orders by delivering the goods in a truck provided him by his employer. Defendant was convicted of violating a municipal ordinance requiring a license of all door-to-door canvassers. Held, the ordinance was unconstitutional as an unreasonable burden on interstate commerce, and the conviction should be set aside. City of Waseca v. Braun, (Minn. 1939) 288 N. W. 229.
Constitutional Law - Psychopathic Proceeding - Due Process And Jury Trial, Michigan Law Review
Constitutional Law - Psychopathic Proceeding - Due Process And Jury Trial, Michigan Law Review
Michigan Law Review
Proceedings were brought against appellant under a Minnesota statute providing for commitment of psychopathic persons who showed habitual sexual misconduct. Appellant appealed to the state supreme court for a writ of prohibition, claiming denial of due process. Appellant's contentions were overruled and he appealed to the United States Supreme Court. Held, the statute did not deny due process. Minnesota ex rel. Pearson v. Probate Court, (U.S. 1940) 60 S. Ct. 523.
The Constitution And A "Planned Economy", Henry Rottschaefer
The Constitution And A "Planned Economy", Henry Rottschaefer
Michigan Law Review
A little more than a decade has passed since the collapse of the wildest speculative orgy ever indulged in by a nation not markedly given to underestimating its own economic and financial potentialities. It came at a time when the conjuncture of world-wide economic forces combined with almost world-wide unsound practices in the fields of international trade and finance had created an extremely unstable economic situation throughout the world. It would require a degree of optimism as large as that entertained by the speculative community during the "boom period" to believe that the measures and policies adopted and followed during …
Constitutional Law - Interstate Commerce - State Regulation Of Exports Of Intoxicating Liquor, Michigan Law Review
Constitutional Law - Interstate Commerce - State Regulation Of Exports Of Intoxicating Liquor, Michigan Law Review
Michigan Law Review
On being refused a license, a carrier operating under the provisions of the Federal Motor Carrier Act sought to enjoin public officials of Kentucky from enforcing the penal and contraband portions of the Kentucky Liquor Law, which required a license from the state as a prerequisite to the right to transport liquor. Plaintiff claimed that the state act was a violation of its rights under the commerce clause in that the requirement of the license placed an unconstitutional burden on its right to transport liquor in interstate commerce. On appeal from a federal three-judge court's ruling sustaining a motion to …
Constitutional Law - Eminent Domain - Value As Fixed By Agreement Between The Parties - When Is Property Taken For Purpose Of Determining Payment Of Interest?, John H. Pickering
Constitutional Law - Eminent Domain - Value As Fixed By Agreement Between The Parties - When Is Property Taken For Purpose Of Determining Payment Of Interest?, John H. Pickering
Michigan Law Review
Defendant's land, situated between the riverside and set-back levees of the proposed floodway extending along the western bank of the Mississippi from Bird's Point to New Madrid, Missouri, was inundated in the flood of 1937, at which time the floodway, with its system of fuse plugs (whereby the riverbank levee was to be lowered to allow flood waters to spend their destructive force by spreading over larger areas) was not yet in operation. Thereafter the United States, under authority conferred by the Flood Control Act of 1928, instituted condemnation proceedings to secure flowage rights over defendant's land. Defendant claimed that …
Constitutional Law-Taxation Of Interstate Sales
Constitutional Law-Freedom Of Speech And Press-Municipal Ordinances Restricting Distribution Of Printed Matter
Indiana Law Journal
Recent Case Notes
Clarifynig The Amending Process, Noel T. Dowling
Clarifynig The Amending Process, Noel T. Dowling
Washington and Lee Law Review
No abstract provided.
Constitutional Law - Privileges And Immunities Of Federal Citizenship - Discriminatory Tax On Out-Of-State Bank Deposits - Colgate V. Harvey Overruled, C. Eugene Gressman
Constitutional Law - Privileges And Immunities Of Federal Citizenship - Discriminatory Tax On Out-Of-State Bank Deposits - Colgate V. Harvey Overruled, C. Eugene Gressman
Michigan Law Review
A Kentucky statute imposed on its citizens an annual ad valorem tax on their bank deposits outside the state at the rate of fifty cents per $100 and at the same time imposed on their bank deposits within the state a similar tax at the rate of ten cents per $100. Decedent, a resident and citizen of Kentucky, died in 1929. On several prior tax assessment dates, he had large funds on deposit in New York banks which he failed to report for taxation purposes. The state brought suit against the executor to recover the tax, interest, and penalties. The …
Constitutional Law - Original Jurisdiction Of United States Supreme Court - Availability As A Procedural Remedy To Avoid Multiple Taxation, Benjamin W. Franklin
Constitutional Law - Original Jurisdiction Of United States Supreme Court - Availability As A Procedural Remedy To Avoid Multiple Taxation, Benjamin W. Franklin
Michigan Law Review
The state of Massachusetts instituted an original proceeding against the state of Missouri and individual citizens of Missouri for leave to file a bill of complaint, alleging that M. B. Blake died domiciled in Massachusetts; that she had created three trusts of securities, reserving a power of revocation over two; that the securities were held in Missouri where the trustees resided; that both states had statutes subjecting to taxation property passing by deed, grant or gift, made or intended to take effect in possession or enjoyment after the donor's death; that the Massachusetts statute taxed intangible property only when owned …
Taxation - Constitutional Law - Power Of Congress To Exempt Federal Instrumentalities From Taxation, Michigan Law Review
Taxation - Constitutional Law - Power Of Congress To Exempt Federal Instrumentalities From Taxation, Michigan Law Review
Michigan Law Review
The Home Owners' Loan Corporation instituted a mandamus proceeding against the clerk of the superior court of the city of Baltimore to compel the recording of a mortgage upon payment of the ordinary recording charge and without affixing stamps in compliance with the state recording tax. The lending process of the HOLC is expressly declared by Congress to be exempt from taxation. Held, the tax is invalid in so far as it purports to cover the lending process. All justices concurred. Pittman v. Home Owners' Loan Corp., 308 U. S. 21, 60 S. Ct. 15 (1939).
Constitution Making By The Supreme Court, Hugh Evander Willis
Constitution Making By The Supreme Court, Hugh Evander Willis
Indiana Law Journal
No abstract provided.
Constitutional Law - Delegation Of Legislative Power - Agricultural Marketing Agreement Act, Edward S. Biggar
Constitutional Law - Delegation Of Legislative Power - Agricultural Marketing Agreement Act, Edward S. Biggar
Michigan Law Review
The declared policy of the Agricultural Marketing Agreement Act of 1937 was to raise the purchasing power of agricultural commodities and, at the same time, to protect the interest of the consumer. The Secretary of Agriculture was empowered to issue orders which, in his belief, based upon a consideration of evidence introduced at a public hearing, would tend to effectuate this policy. Certain minimum requirements as to the provisions of the orders were imposed. For any order to be effective, it must have been approved by a proportion of the producers of the commodity concerned. Pursuant to the provisions of …
Constitutional Law - Equal Protection Of The Laws - Discrimination Against Transients Vending Purchased Produce, Michigan Law Review
Constitutional Law - Equal Protection Of The Laws - Discrimination Against Transients Vending Purchased Produce, Michigan Law Review
Michigan Law Review
A Minneapolis ordinance required transient dealers in farm produce to procure a license, but exempted farmers selling their own produce. The appellant was fined for selling butter without the necessary transient merchant license as provided by the ordinance. On appeal, appellant contended that the ordinance was unconstitutional because of class discrimination since (1) sellers in established places of business paid one type of fee while the transients paid another, and (2) farmers selling produce grown by themselves were exempt while other transients were required to pay a fee and furnish bond. Held, that the ordinance was unconstitutional because the …
Validity Of Compulsory Flag Salutes In Public Schools, Elmer M. Million
Validity Of Compulsory Flag Salutes In Public Schools, Elmer M. Million
Kentucky Law Journal
No abstract provided.
Non-Natural Persons And The Guarantee Of "Liberty" Under The Due Process Clause, D. J. Farage
Non-Natural Persons And The Guarantee Of "Liberty" Under The Due Process Clause, D. J. Farage
Kentucky Law Journal
No abstract provided.
Gibbons V. Ogden Then And Now, Hugh Evander Willis
Gibbons V. Ogden Then And Now, Hugh Evander Willis
Kentucky Law Journal
No abstract provided.
Prospective Overruling Of Constitutional Construction, Alan R. Vogeler
Prospective Overruling Of Constitutional Construction, Alan R. Vogeler
Kentucky Law Journal
No abstract provided.
Constitutionality Of Statute Imposing Burdensome Tax On Particular Kinds Of Business - Classification For Purposes Of Taxation - Brown V. State
Maryland Law Review
No abstract provided.
Enforceability Of Foreign Decrees For Alimony Or Support - Bauernschmidt V. Safe Deposit & Trust Co.
Enforceability Of Foreign Decrees For Alimony Or Support - Bauernschmidt V. Safe Deposit & Trust Co.
Maryland Law Review
No abstract provided.