Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Due process (3)
- Pennsylvania (2)
- 1933 (1)
- Administrative tribunals (1)
- Alabama Power Co. v. Ickes (1)
-
- Allen v. Regents of the University System of Georgia (1)
- Alterations (1)
- Annuities (1)
- Appropriation (1)
- Balance of powers (1)
- Beliefs (1)
- Boards of education (1)
- Bonds (1)
- Bonneville Dam Project (1)
- Cash value (1)
- Centralization (1)
- Child labor (1)
- City councils (1)
- Civil War (1)
- Civil liberties (1)
- Cohen v. Hoff (1)
- Collier & Wallis (1)
- Colorado (1)
- Constitutional authority (1)
- Constitutional limitations (1)
- Construction company (1)
- Cooperative programs (1)
- Council members (1)
- De Palma v. Town Plan Commission of Greenwich (1)
- Debt limitations (1)
Articles 1 - 20 of 20
Full-Text Articles in Law
"Extra Time For Overtime" Now Law, Frank E. Cooper
"Extra Time For Overtime" Now Law, Frank E. Cooper
Michigan Law Review
The Fair Labor Standards Act of 1938 presents a great many legal and practical problems of importance commensurate with the comprehensiveness of the act itself, which is probably the most far-reaching of the New Deal statutes since the N. R. A. The act is conceived on the theory that any physical handling of goods destined to be subsequently shipped to another state is an act so closely and substantially related to the flow of interstate commerce as to be subject to Congressional regulation, and thus depends for its validity upon an extension of the theories approved in the Wagner Act …
Constitutional Law - Taxation - The Gerhardt Decision And Intergovernmental Tax Immunity, Allan A. Rubin
Constitutional Law - Taxation - The Gerhardt Decision And Intergovernmental Tax Immunity, Allan A. Rubin
Michigan Law Review
Recent decisions handed down by the United States Supreme Court this last term have to a large extent fulfilled the anticipations aroused by James v. Dravo Contracting Co. of an enlargement of the governmental powers to impose non-discriminatory taxes. Allen v. Regents of the University System of Georgia held valid the application of a general federal admissions tax to admissions to athletic contests conducted under the auspices of the regents of the University of Georgia, a state university. Helvering v. Mountain Producers Corp. decided that a lessee under an oil and gas lease of state school lands was not …
Constitutional Law - Validity Of State Occupation Tax On Contractors With The Federal Government, James H. Kilbourne
Constitutional Law - Validity Of State Occupation Tax On Contractors With The Federal Government, James H. Kilbourne
Michigan Law Review
The increasing burden of both federal and state taxation during the past decade has multiplied the attempts by some of those affected to establish, in the courts, immunity from certain taxes. The limitations of the power of the governments to tax have, then, special significance for one who seeks, in that fashion, to challenge the imposition of a tax on himself. Two cases recently decided by the Supreme Court involved one of those limitations-that which denies to the states the power to enforce a tax which impedes the exercise of the powers of the federal government.
Constitutional Law - Interstate Compacts -- Validity - Review By United States Supreme Court, Gerald M. Stevens
Constitutional Law - Interstate Compacts -- Validity - Review By United States Supreme Court, Gerald M. Stevens
Michigan Law Review
The states of Colorado and New Mexico agreed by compact on a division of the water of the La Plata river, which rises in the first state and flows into the second. The interstate compact, as administered, required that during periods of low water the whole flow of the river was to be used alternately by the states. For ten days Colorado users were to have all the water, then for a like time to allow the water to flow undiminished to New Mexico. In Colorado a ditch company engaged in distributing water for irrigation had acquired by appropriation a …
Constitutional Law - Federal Courts - Law To Be Applied In Cases Of Diversity Of Citizenship - Swift V. Tyson Overrule, Frank B. Stone
Constitutional Law - Federal Courts - Law To Be Applied In Cases Of Diversity Of Citizenship - Swift V. Tyson Overrule, Frank B. Stone
Michigan Law Review
A recent personal injury case, Erie Railroad v. Tompkins, arose in the federal district court, based upon diversity of citizenship, in which the defendant urged that state judicial decisions of Pennsylvania, the locus delicti, imposed no liability on it for negligence to trespassers. The plaintiff denied that such was the Pennsylvania law and alternatively replied that the issue of law was one to be determined by the federal court without regard to the law of Pennsylvania. On April 25, 1938, a verdict for the plaintiff was unanimously set aside by the Supreme Court. Two members, Justices Butler and McReynolds, …
Death Taxes On Completed Transfers Inter Vivos, Lorentz B. Knouff
Death Taxes On Completed Transfers Inter Vivos, Lorentz B. Knouff
Michigan Law Review
The subjection of transfers inter vivas to the death tax under each of the above categories has been based upon the proposition that, for a transfer inter vivas properly to be subject to the death tax, it must bear some reasonable relationship to transfers at death either by will or under the law relating to intestacy. This rule has been applied both in problems of statutory construction and in problems of constitutionality. The recent decision of the United States Supreme Court in Helvering v. Bullard seems to have abandoned this test for the inclusion of transfers inter vivas within the …
Constitutional Law - Impairment Of Obligation Of Contracts -Tax On Income Of Bonds Granted Statutory Tax Exemption, Amos J. Coffman
Constitutional Law - Impairment Of Obligation Of Contracts -Tax On Income Of Bonds Granted Statutory Tax Exemption, Amos J. Coffman
Michigan Law Review
Plaintiffs were holders of certain tax exempt bonds issued under authority of the state of Iowa. After the issue of the bonds a statute was passed imposing a "personal net income tax" upon persons resident within the state. The state board of assessment and review assessed this tax against $36,892.75 interest on the tax exempt bonds. The appellants, alleging that such an application of the law impaired the obligations of contracts of exemption, brought suit. Upon a ruling in favor of the assessment by the Iowa Supreme Court, appellants appealed to the United States Supreme Court. Held, the contract …
Constitutional Law - Validity Of Mortgage Moratorium Act - Effect Of Lapse Of Time On "Emergency'' Legislation, Ralph Winkler
Constitutional Law - Validity Of Mortgage Moratorium Act - Effect Of Lapse Of Time On "Emergency'' Legislation, Ralph Winkler
Michigan Law Review
A mortgage moratorium law was enacted in Nebraska in 1933. It was re-enacted in 1935 and again in 1937. The act recited that an emergency existed and that the law was adopted to provide for this condition. The instant case involved the constitutionality of this law. A majority of the court held that the law violated the due process clause and the contracts clause of the state constitution. While the court admitted that "land values have not been restored to the prices they had attained prior to March 1, 1934," nevertheless, "It appears that there is no crisis now prevailing …
Constitutional Law - Elections - Proportional Representation, Gerald M. Stevens
Constitutional Law - Elections - Proportional Representation, Gerald M. Stevens
Michigan Law Review
In November, 1936, the people of the city of New York voted to adopt a system of proportional representation for the election of members of the city council. Each borough was to elect its representatives at large rather than from single-member districts. Each voter was restricted to voting for one councilman; but he might indicate the order of his preference for as many candidates as he desired. Thus he should have marked his first choice by the numeral "1," his second "2," and similarly as many choices as he wished to express. By a system of vote-transferring his vote would …
Constitutional Law - Act Changing Pensions - Impairing Obligation Of Contracts - Due Process, Bertram H. Lebeis
Constitutional Law - Act Changing Pensions - Impairing Obligation Of Contracts - Due Process, Bertram H. Lebeis
Michigan Law Review
An Illinois statute provided for the compulsory retirement of teachers at the age of seventy with an annuity of $1500 a year for life, and an amendment thereto granted annuities on a sliding scale from $1000 to $1500 a year to teachers voluntarily retiring between the ages of sixty-five and seventy. These provisions were changed by an act of 1935 which abolished the provisions for voluntary retirement and .fixed compulsory retirement at the age of sixty-five, with annuities reduced to a flat rate of $500 annually. Plaintiffs, who either had retired or were eligible for retirement at the time the …
Governmental Powers, State And National, Under Our Constitutional System, Orie Leon Phillips
Governmental Powers, State And National, Under Our Constitutional System, Orie Leon Phillips
Michigan Law Review
We are living in a day when democracy is receding and the totalitarian state is advancing on many fronts. Three great nations have accepted as their governmental system authoritarian collectivism. Under the totalitarian systems, the right of the individual to think freely, to engage in free enterprise, to enjoy personal liberty, and to work out his own destiny is taken away. Instead, there is a regimentation of human beings, where everyone's thought, everyone's time, everyone's labor, and at last everyone's life, are at the disposal of a supreme authority. Of course, such a system means the vesting of tremendous powers …
Constitutional Law - Separation Of Powers - Validity Of Statute Requiring Reference Of Disputes To Commissioner Of Labor, Edward D. Ranson
Constitutional Law - Separation Of Powers - Validity Of Statute Requiring Reference Of Disputes To Commissioner Of Labor, Edward D. Ranson
Michigan Law Review
The plaintiff was conducting a private employment agency under a license issued by the commissioner of labor. The defendant, a movie actress, secured an engagement through the plaintiff's influence, pursuant to a contract. A dispute arose as to the amount of compensation due the plaintiff under the terms of the contract. A statute required reference of such disputes to the commissioner of labor, who was to hear and determine the same. Within ten days a dissatisfied party could appeal to the superior court and have a hearing de novo. The plaintiff, failing to comply with the statute, commenced the action …
Judges -Appointment Of Substitute For Recused Judges - Disqualification Of Judges, Julian Caplan
Judges -Appointment Of Substitute For Recused Judges - Disqualification Of Judges, Julian Caplan
Michigan Law Review
The problems of the disqualification of judges because of prejudice and of the appointment of substitutes for judges so disqualified were considered in the recent case of State ex rel. Thompson v. Day. One of the defendants in a labor injunction suit had filed with the governor an affidavit setting forth facts showing that the sole judge of the district in which the dispute had arisen had anti-labor tendencies to such extent that the petitioner could not obtain a fair trial and requested that the regular judge be disqualified from hearing the injunction proceedings and a substitute appointed. The …
Freedom Of The Press And Of The Mails, Eberhard P. Deutsch
Freedom Of The Press And Of The Mails, Eberhard P. Deutsch
Michigan Law Review
It should be unnecessary to amend the Federal Constitution to accommodate the facilities of government to the needs of society, as those needs develop with the social and scientific advance of civilization. But the trend of legislative effort to reach beyond constitutional limits to satisfy fleeting economic or political expediencies, without regard for the vital distinction between sound and substance, and of courts to seek justification for such excursions, under the benefit of constitutional doubt due "solemn expressions of legislative will," may lead to highly dangerous situations. As this trend is permitted to reach extremes, the erasure of the well-defined …
Federal And State Cooperation Under The Constitution, Louis W. Koenig
Federal And State Cooperation Under The Constitution, Louis W. Koenig
Michigan Law Review
Federalism, as a system of government, is peculiar in that it involves a union of several autonomous political entities for · common purposes which may be achieved through apportioning the sum total of legislative power between a "national" or "central" government, on the one hand, and constituent "states" on the other. In our own federation, a written Constitution has sought to define the functions of both these centers of government, assigning to each certain spheres of influence upon all persons and property within a given territory. At the Constitutional Convention, the committee of detail carefully listed the powers of the …
Taxation - Income Taxation Of Stock Dividends, Wallace Mendelson
Taxation - Income Taxation Of Stock Dividends, Wallace Mendelson
Michigan Law Review
In 1929 a stock dividend was paid to the holders of common stock in preferred stock of the dividend paying corporation, which had both common and preferred stock outstanding at the time the stock dividend was declared and paid. The taxpayer, as a holder of common stock, received his pro rata share of the dividend and subsequently within the same taxable year sold the preferred stock which he had so received as a dividend. Held, that under the Revenue Act of 1928, (1) the receipt of the stock dividend was not a taxable occasion, and ( 2) the basis …
Constitutional Law - Public Works Administration - Validity - Requisite Interest To Challenge Constitutionality, Gerald L. Stoetzer
Constitutional Law - Public Works Administration - Validity - Requisite Interest To Challenge Constitutionality, Gerald L. Stoetzer
Michigan Law Review
After three years of prolonged litigation which has deprived the nation of many intended immediate benefits, another New Deal measure commonly known as the Public Works Administration has withstood the legal attacks persistently made upon it. One of the earliest enactments of the Seventy-third Congress during the present administration, Title II of the National Industrial Recovery Act, passed with the view of directing the country from an economic abyss, recently received judicial sanction in the United States Supreme Court, although Title I of the same act was early attacked and decreed unconstitutional in Schechter Poultry Corp. v. United States. Title …
Constitutional Law - Religious Freedom - Compulsory Salute And Pledge Of Allegiance To Flag By School Children -Validity, Dan K. Cook
Michigan Law Review
A Massachusetts statute imposed a duty upon each public school teacher to lead his pupils, at least once each week, in a salute and pledge of allegiance to the flag. Petitioner was in his third year as a pupil in the public schools, and, in obedience to his father's commands, refused to participate in the salute and pledge. For such refusal, the school committee expelled the petitioner from the school, and he thereupon submitted a petition for a writ of mandamus, to compel his readmission to the school. Held, that the writ be denied, inasmuch as the statute did …
Municipal Corporations - Constitutional Limitations On Amount Of Debts - Obligations Of Other Public Corporations As Debts Of City, Michigan Law Review
Municipal Corporations - Constitutional Limitations On Amount Of Debts - Obligations Of Other Public Corporations As Debts Of City, Michigan Law Review
Michigan Law Review
The city of Troy, New York, had obtained federal aid for a Public Works Administration project involving the erection of a new high school building, conditioned upon the city's supplying $786,000 as its share of the cost. The constitutional debt limitation did not permit the city to borrow this amount. The legislature came to the aid of the city and enacted a law providing that the bonds should be issued as "general obligations" of the city school district by the district's board of education. The act expressly stated that the bonds should not be considered as part of the debt …
Constitutional Law - Zoning - Amendment Of Zoning Ordinance As Impairing Vested Rights, Ralph Winkler
Constitutional Law - Zoning - Amendment Of Zoning Ordinance As Impairing Vested Rights, Ralph Winkler
Michigan Law Review
The town plan commission amended the municipal zoning ordinance to permit the erection of an incinerator in a class C residence district. The particular tract upon which the incinerator was to be located had been a municipal garbage dump, and as such, a non-conforming use under the zoning ordinance. The board of health by ordinance declared the garbage dump to be a nuisance. The facts revealed there was an immediate need to dispose of the garbage, etc.; that the erection of an incinerator was the best means of so doing; that the proposed site was a suitable location; that the …