Open Access. Powered by Scholars. Published by Universities.®
Articles 31 - 39 of 39
Full-Text Articles in Law
Interstate Ferries And The Commerce Clause, C. M. Kneier
Interstate Ferries And The Commerce Clause, C. M. Kneier
Michigan Law Review
The Constitution of the United States confers upon Congress the power to regulate commerce among the several states; the transportation of passengers and freight across a navigable river from one state to another by ferryboat, however short the distance traversed, or frequent the trips made, is interstate commerce. It is the purpose of this study to point out what action Congress has taken under the power thus conferred upon it relative to interstate ferries and to determine the relative spheres of authority of the states and of the National Government over this subject.
Combination Not Competition Of Railroads, Blewett Lee
Combination Not Competition Of Railroads, Blewett Lee
Michigan Law Review
In the course of the taking of evidence before what is generally called the Newlands Committee, appointed by Congress to investigate conditions relating to interstate and foreign commerce, it was very interesting to observe the personality of the different members of the Committee, as indicated by the questions which they asked of the various expert witnesses who were brought before them. The keen intellect of the Senior Senator from Iowa has continually played about the problem, how the revenues of the weak lines can be increased without at the same time increasing those of the strong ones. Assuming that some …
Reasonable Rates, Henry Hull
Reasonable Rates, Henry Hull
Michigan Law Review
The principles underlying the decisions of the Interstate Commerce Commission are, for the most part, admittedly sound principles, and their number is not inordinately great. But to lawyers, and students of law, the application of these principles seems, in casual reading, to be made as whim or fancy dictates. It is a frequent complaint of the lawyer that there is no law in rate decisions.
Carmack Amendment In The State Courts, Wayland H. Sanford
Carmack Amendment In The State Courts, Wayland H. Sanford
Michigan Law Review
Prior to the leading case of Adams Express Co. v. Croninger,'- decided January 6th, 1913, there was much diversity in the decisions of the state courts as to the validity of contracts between shippers and carriers limiting the amount of the carrier's liability for injuries to goods shipped. Such limitations were held valid in some states, but invalid in others, and in some were declared invalid by statutes or constitutional provisions.2 State rules were applied to interstate as well as intrastate shipments, it being supposed that Congress had not legislated upon the subject. The CARMACK AmlNDVNT of i9o6s provided that …
The Use And The Abuse Of The Commerce Clause, Fred'k H. Cooke
The Use And The Abuse Of The Commerce Clause, Fred'k H. Cooke
Michigan Law Review
The visible universe, from the giant constellation down to the infinitesimal corpuscle, is in a condition of eternal movement, or, we may say, a condition of eternal transportation. Indeed, there seems to be no phenomenon more universal than this transportation. But we are to here consider it merely as a phenomenon of life, in particular, of human life. In common with other higher animals, man possesses organs that characterize him as a being eminently fitted for transportation; his arms; his legs; even his vocal organs, fitted for transportation (or transmission) of the intangible, that is, of intelligence communicated from one …
The Constitutionality Of Federal Legislation Concerning Employer And Employee Engaged In Interstate And Foreign Commerce, Carl V. Wisner
The Constitutionality Of Federal Legislation Concerning Employer And Employee Engaged In Interstate And Foreign Commerce, Carl V. Wisner
Michigan Law Review
To what extent does the relation of employer and employee, when engaged in interstate or foreign commerce, come within the regulating power of Congress? The power of Congress to legislate concerning employer and employee, where the service is rendered in interstate or foreign commerce, has been recently questioned in several important Federal decisions. The ground on which such legislation has been challenged is that it is an attempt by Congress to regulate what is not commerce, that "creating new liabilities growing out of the relations of master and servant on the one hand and regulating commerce on the other are …
Commercial Aspect Of Uniform State Laws, Francis B. James
Commercial Aspect Of Uniform State Laws, Francis B. James
Michigan Law Review
A T the close of the American Revolution and even after the adoption of the articles of Confederation, each American State was not only a political unit but an industrial and commercial unit. Meafis of communication were few and cost of transportation almost prohibitive except in border and coast cities. Each State not only determined its political future but its own industrial and commercial policy. The Constitution of the United States, adopted in 1789, recognized the fact that each State continued as a political unit and at the same time created another political unit, the nation at large. It also …
The Interstate Commerce Clause And State Control Of Foreign Corporations, Frank E. Robson
The Interstate Commerce Clause And State Control Of Foreign Corporations, Frank E. Robson
Michigan Law Review
The Congress shall have power * * * to regulate commerce with foreign nations, and among the several states, and with the Indian tribes." "* * * to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or any department or officer thereof." Only one possessed of prophetic vision would dare to state the extent of the power contained in these clauses of the constitution, to say nothing of the subjects or persons to which it may be …
Latest Development Of The Interstate Commerce Power, Edward B. Whitney
Latest Development Of The Interstate Commerce Power, Edward B. Whitney
Michigan Law Review
The litigation under the anti-lottery act of 1895, has for the first time raised the important constitutional question whether congress, under its general power to regulate interstate commerce, can select any particular article and exclude it from interstate commerce altogether-whether the power to regulate involves the power to prohibit. For nearly a century after the foundation of the government no attempt was made by congress to restrict interstate commerce by excluding any article therefrom. Quarantine legislation, however, opened the way, and the anti-lottery act sharply raised the question of power. Lottery tickets in the earliest days of the republic were …