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Articles 1 - 7 of 7
Full-Text Articles in Law
Due Process Of Law In State Labor Legislation, Fowler Vincent Harper
Due Process Of Law In State Labor Legislation, Fowler Vincent Harper
Michigan Law Review
With this material in mind, is it possible to arrive at any useful conclusions as to what constitutes due process of law in labor legislation? In each group of cases, there seem to be two distinct, though inseparable functions of the judicial process of reviewing the legislation in question. The courts, in brief, are arriving at conclusions both of fact and of law. The impression was, at one time prevalent that the extent of review of certain types of labor legislation was limited to the reasonableness of the' statute as respects the end sought and the means of attaining that …
Due Process Of Law In State Labor Legislation, Fowler Vincent Harper
Due Process Of Law In State Labor Legislation, Fowler Vincent Harper
Michigan Law Review
State interference with conditions of employment, as determined by the strength of the contracting parties, by imposing requirements calculated to protect the safety and health of employees, has not been without interruption from the courts. In the earlier cases, when organized labor was not strong enough to enforce the most reasonable demands without assistance from the legislature, the courts were wont to look with astute eye upon the infringement of liberty of contract thus resulting. When the reasoning started with the assumption that liberty of contract was the rule and the employment of the police power of the State the …
Due Process Of Law In State Labor Legislation, Fowler Vincent Harper
Due Process Of Law In State Labor Legislation, Fowler Vincent Harper
Michigan Law Review
Any regulation on the part of the state of the relations between the laborer and his employer must necessarily deprive the one or the other of his liberty or property, by interfering with his freedom to contract. The protection of freedom of contract which the Constitution affords is not, however, an absolute right. There is nothing necessarily unconstitutional about such legislation unless it is "without due process of law." In other words, legislation of this kind is usually a valid regulation if it can be justified as coming within the due process of law provision.
Constitutional Law-Eminent Domain-Judcial Review By Certiorari
Constitutional Law-Eminent Domain-Judcial Review By Certiorari
Michigan Law Review
In a previous number of this volume the holding of the supreme court of Michigan was discussed wherein sections 1 and 2, article 13, of the constitution of 1908 were held to make necessity as well as compensation a judicial question in eminent domain cases. Accordingly, in that case, the court held that the feature of the statute (P. A. 1925, No. 352) authorizing the state highway commissioner to make a conclusive determination of necessity, without notice and hearing to the landowner, and without judicial review, was unconstitutional.
The Doctrine Of "Hot Pursuit"--A New Application
The Doctrine Of "Hot Pursuit"--A New Application
Michigan Law Review
A recent decision of the United States District Court for the District of South Carolina involves a point apparently unique in the records of international law. The Vinces, a schooner of British registry, laden with a cargo of intoxicating liquors not under seal, was discovered by the United States Coast Guard cutter Mascoutin seven and one-half miles off the coast and within one hour's sailing distance from the United States headed in the direction of land. On being hailed by the Mascoutin, the Vinces turned about and headed for the high seas. The cutter followed in continuous chase and overtook …
Constitutional Law-Methods Of Testing The Constitutionality Of Rate Status Involving Heavy Penalties
Constitutional Law-Methods Of Testing The Constitutionality Of Rate Status Involving Heavy Penalties
Michigan Law Review
Where a state statute prescribes maximum intrastate railroad rates and also attaches heavy penalties for violations of the statute by a railroad or its agents, and where a railroad thinks the rates are confiscatory and hence unconstitutional, it is faced with an apparent dilemma. Must it either submit to the supposed confiscatory rates or else run the chance of incurring heavy penalties in case the statute is held constitutional? Or, is there another alternative-a painless way of testing the validity of the rates?