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Articles 1 - 30 of 33
Full-Text Articles in Law
Eminent Domain - Public Housing And Slum Clearance As A "Public Use", Wayne E. Babler
Eminent Domain - Public Housing And Slum Clearance As A "Public Use", Wayne E. Babler
Michigan Law Review
The recent legislation providing for housing and slum clearance raises the interesting and practical problem of whether a taking of land for such housing and slum clearance purposes by means of an eminent domain proceeding is condemnation for a "public use," within the meaning of that term in eminent domain proceedings. Such a taking was held to be for a public use in the recent case of Spahn v. Stewart.
Constitutional Law - Separation Of Powers - Power Of The Courts And Legislature To Regulate The Practice Of Law And Procedure, Peter S. Boter
Constitutional Law - Separation Of Powers - Power Of The Courts And Legislature To Regulate The Practice Of Law And Procedure, Peter S. Boter
Michigan Law Review
In theory, the doctrine of separation of powers presents a governmental system with spheres of power for each department, separated by clear lines of demarcation. Yet in practice it does not follow that a complete separation of powers could be effected or would be desirable. The concurrent exercise of a power by two coordinate branches of a government may result in conflicting regulations and also in charges that the exercise of the power by one department is an unconstitutional encroachment on the powers to be exercised by another and coordinate department. This situation is present in the concurrent exercise of …
Public Utilities - Constitutionality Of Statute Imposing Regulatory Costs Upon Utilities, Charles W. Allen
Public Utilities - Constitutionality Of Statute Imposing Regulatory Costs Upon Utilities, Charles W. Allen
Michigan Law Review
A state statute imposed an annual fee of one-tenth of one per cent of gross operating revenues upon public utilities. The fees were placed in a state revolving fund used to defray the expenses of administration of the public service law. Plaintiff railroad paid the fees under protest and brought an action to recover that amount, claiming that the act was unconstitutional. The trial court held that the act was unconstitutional on its face. The state supreme court revised this decision, holding that act valid and placing the burden of proof on the plaintiff to show that it had become …
Constitutional Law - Validity Of A Compensating Use Tax - Commerce Clause, William J. Isaacson
Constitutional Law - Validity Of A Compensating Use Tax - Commerce Clause, William J. Isaacson
Michigan Law Review
Plaintiffs, appellees in this court, while engaged in the construction of a federal dam, brought into the state machinery purchased at retail in other states. The Washington Tax Commission demanded payment of a use tax on the machinery so purchased as required by the 1935 tax statutes. The plaintiffs refused to comply with the commission's order and received an in junction in the federal district court. The Washington legislature, under the heading "Compensating Tax," levied a two per cent excise on the use of all personal property purchased at retail after the effective date, the tax to be measured by …
Constitutional Law - Retroactivity - Federal Stamp Tax On Profits Accruing From The Sale Of Silver Bullion, William J. Isaacson
Constitutional Law - Retroactivity - Federal Stamp Tax On Profits Accruing From The Sale Of Silver Bullion, William J. Isaacson
Michigan Law Review
Respondent purchased silver bullion on May 3, 1934, subsequently selling it on May 23 and 24. On the profits of this transaction he was required to pay a tax which he unsuccessfully attempted to have refunded. The Silver Purchase Act of June 19, 1934, imposed a fifty per cent tax consisting of stamps attached to the memorandum of sale on all profits arising from such transfers. The act further provided that the tax was to be applicable on all sales made on or after May 15, 1934. The court of claims upheld the respondent's contention that the act was unconstitutional …
Constitutional Law- Right To Jury Trial - Petty Statutory Offenses, James H. Roberton
Constitutional Law- Right To Jury Trial - Petty Statutory Offenses, James H. Roberton
Michigan Law Review
The defendant was tried before the police court of the District of Columbia for selling, as a second-hand dealer, unused return-trip railroad tickets without a license, contrary to an Act of Congress. The act provides for a maximum penalty of $300 fine or ninety days in jail. The defendant was denied a jury trial. The Court of Appeals for the District of Columbia found the defendant entitled to a jury trial. On appeal to the United States Supreme Court, it was held by a majority of the Court, that the Federal Constitution does not guarantee the defendant a jury trial …
Constitutional Law - The Federal-State System Of Unemployment Compensation Under The Social Security Act, Elbert R. Gilliom
Constitutional Law - The Federal-State System Of Unemployment Compensation Under The Social Security Act, Elbert R. Gilliom
Michigan Law Review
One of the last pieces of New Deal social legislation to receive the judicial sanction of the United States Supreme Court before the end of its epoch-making October 1936 term is the tax imposed on employers of eight or more by Title IX of the Social Security Act of 1935. Through the operation of eleven expressly separable "titles," the comprehensive act (1) authorizes future appropriations to the states for old-age assistance, unemployment compensation administration, aid to dependent children, maternal and child welfare, services for crippled children, public health work, and aid to the blind; (2) establishes a system of federal …
Constitutional Law-Due Process -Fair Trade Acts, Milton Rabinowitz
Constitutional Law-Due Process -Fair Trade Acts, Milton Rabinowitz
Michigan Law Review
The New York "Fair Trade Act" proclaims price maintenance agreements subservient to the public policy of the state, and renders price cutting by any merchant with knowledge of such an agreement, even though not a party thereto, actionable as unfair competition at the suit of anyone injured thereby. In Doubleday, Doran & Co. v. Macy & Co., the New York court had condemned the enactment as violating the due process clause of the Fourteenth Amendment. Subsequently, the United States Supreme Court, in Old Dearborn Distributing Co. v. Seagram-Distiller Corp., decided the contrary as to the validity of a …
Amending The Constitution Article Five: The Keystone Of The Arch, Ralph R. Martig
Amending The Constitution Article Five: The Keystone Of The Arch, Ralph R. Martig
Michigan Law Review
Article V is the keystone of the Constitution. For, by altering its provisions, the process of amendment can be made so rigid as to become impracticable, or so flexible that the instrument can be altered without sufficient thought. Through this article, then, we reach toward every other clause in the Constitution.
Labor Law - Constitutionality Of State Anti-Injunction Acts - Existence Of A "Labor Dispute", Theodore R. Vogt
Labor Law - Constitutionality Of State Anti-Injunction Acts - Existence Of A "Labor Dispute", Theodore R. Vogt
Michigan Law Review
Organized labor has long contested the use of the injunction in labor disputes and since the turn of the century has been active in legislative circles to secure statutory relief from the paralyzing effect of the too-freely granted temporary injunction and restraining order. A substantial step forward was the enactment of the Clayton Act by Congress. Similar legislation was adopted by several states, some before and some after the congressional action. However, the expected benefits to labor did not accrue, for the Supreme Court in Duplex Printing Press Co. v. Deering so narrowly construed the statute as to rob it …
Constitutional Law - Old Age Pensions - Titles Ii And Viii Of Social Security Act - Power To Spend For The General Welfare, Royal E. Thompson
Constitutional Law - Old Age Pensions - Titles Ii And Viii Of Social Security Act - Power To Spend For The General Welfare, Royal E. Thompson
Michigan Law Review
In a case decided May 24, 1937, Titles II and VIII of the Social Security Act were challenged. Title VIII lays a tax on employers, which reaches a maximum in 1949 of 3 per cent of the wages paid by the employer, and also a tax on employees measured by a similar percentage of the wages they earn, and which is withheld and paid by the employer. Neither tax applies to certain kinds of occupations: agricultural labor, domestic service, governmental service, nor to wages earned by persons over sixty-five years of age. Title II provides for payment to persons over …
Constitutional Law - Protection Of Freedom Of Speech Under The Fourteenth Amendment, Jack L. White
Constitutional Law - Protection Of Freedom Of Speech Under The Fourteenth Amendment, Jack L. White
Michigan Law Review
The appellant, a negro member of the Communist Party, was engaged in work as a paid party organizer in Atlanta in 1932. Shortly after leading a hunger march of unemployed he was arrested, and was tried and convicted under a state statute, enacted in the Reconstruction Period, which made criminal "any attempt, by persuasion or otherwise, to induce others to join in any combined resistance to the lawful' authority of the State." At the time of his arrest the appellant had in his possession evidence of his organization activities and also a quantity of party literature, but there was no …
Constitutional Law - Search And Seizure - Investigative Power Of Federal Trade Commission, Virginia M. Renz
Constitutional Law - Search And Seizure - Investigative Power Of Federal Trade Commission, Virginia M. Renz
Michigan Law Review
The Federal Trade Commission, acting pursuant to the joint resolution of Congress and the Federal Trade Commission Act, sought a writ of mandamus compelling the corporation to answer questionnaires relating to its total volume of business, net sales, net cost of materials, annual cash salary paid to each officer, etc. This information was demanded as part of a general investigation of the financial condition of agricultural products. The purpose of the investigation was to enable Congress to determine whether new legislation should be enacted or existing legislation amended. Held, the writ of mandamus should be granted. The Fourth Amendment …
Constitutional Law - Unreasonable Search And Seizure - Unauthorized Examination Of Telegrams, Peter S. Boter
Constitutional Law - Unreasonable Search And Seizure - Unauthorized Examination Of Telegrams, Peter S. Boter
Michigan Law Review
A special committee of the United States Senate, appointed to investigate lobbying activities in connection with the so-called "holding company bill" sought to obtain from telegraph companies, under blanket subpoena duces tecum, all telegrams passing through their offices in Washington from February 1, 1935 to September 1, 1935. When the telegraph companies expressed reluctance to comply with the subpoenas, the Senate Committee sought aid from the Federal Communications Commission. The commission by formal resolution detailed a member of its staff to work with an examiner of the Senate Committee in the examination and copying of the telegrams. Among the messages …
Constitutional Law - Validity Of Minimum Wage Legislation Under The Fourteenth Amendment, Jack L. White
Constitutional Law - Validity Of Minimum Wage Legislation Under The Fourteenth Amendment, Jack L. White
Michigan Law Review
A state statute provided that it should be unlawful to employ women at wages not adequate for their maintenance, and established a commission to fix wages according to such a standard after a public hearing and a conference of representatives of employees and employers, and disinterested persons representing the public. The appellee was employed as a chambermaid in the hotel of appellant at less than the minimum wage prescribed, and brought suit to recover the difference between these amounts. The state court gave judgment for the appellee, and on certiorari the Supreme Court held that the statute was valid and …
Municipal Corporations - Regulation Of Weights And Measures - Due Process Of Law, Milton Rabinowitz
Municipal Corporations - Regulation Of Weights And Measures - Due Process Of Law, Milton Rabinowitz
Michigan Law Review
An ordinance of the city of Chicago required the net weight of all commodities sold in load lots in the city to be determined by a municipal weighmaster prior to delivery of the load to the purchaser. This necessitated weighing the vehicle of transportation first empty, and then again when loaded. On indictment for violation of the ordinance defendant, a coal dealer, whose place of business was located 63 miles outside the municipal limits, asserted that compliance with the ordinance would involve extremely expensive rehandling of the load unless the trucks were first sent into the city unloaded, a financially …
Constitutional Law - Validity Of Statute Abolishing Breach Of Promise Action, Emma Rae Mann
Constitutional Law - Validity Of Statute Abolishing Breach Of Promise Action, Emma Rae Mann
Michigan Law Review
Plaintiff sued for damages for breach of promise to marry and seduction, after the enactment of a New York statute which abolished such causes of action. The court held for the defendant, basing its recognition of the validity of the statute on the ground that the legislature has plenary power to deal with the subject of marriage. Fearon v. Treanor, 272 N. Y. 268, 5 N. E. (2d) 815 (1936).
Constitutional Law - Due Process And The Frazier-Lemke Acts, Henry Earnest Halladay
Constitutional Law - Due Process And The Frazier-Lemke Acts, Henry Earnest Halladay
Michigan Law Review
Recent decisions involving the constitutional validity of the first and second Frazier-Lemke Acts have again raised the old spectre of due process. The questions involved related to the power of the Federal Government to regulate the rights, duties, and liabilities existent between debtors and creditors in the field of farm mortgages under the bankruptcy power. To forego an extended discussion of the history of due process as a limitation on governmental fiat, let it suffice to say that the concept, which began with Magna Carta ran through early definitions in the United States limiting it to procedural matters and attempts …
Constitutional Law - Interstate Commerce Validity Of State Statute Regulating Automobiles Driven Into The State For Purpose Of Sale, Walter Probst Jr.
Constitutional Law - Interstate Commerce Validity Of State Statute Regulating Automobiles Driven Into The State For Purpose Of Sale, Walter Probst Jr.
Michigan Law Review
A statute of California forbade the transportation of automobiles from without the state for the purpose of sale within or without the state unless there be attached to each vehicle a special permit issued by the State Motor Vehicle Department, for which a fifteen dollar fee was exacted. A suit was brought to restrain state officers from enforcing this statute. Held, the statute imposed an unconstitutional burden upon interstate commerce. Ingels v. Morf, (U.S. 1937) 57 S. Ct. 439, affirming (D. C. Cal. 1936) 14 F. Supp. 922.
Constitutional Law - Validity Of Criminal Syndicalism Statute, Herman Jerome Bloom
Constitutional Law - Validity Of Criminal Syndicalism Statute, Herman Jerome Bloom
Michigan Law Review
The defendant was indicted for assisting in the conduct of a meeting which was called under the auspices of the Community Party, an organization advocating criminal syndicalism. The statute defined criminal syndicalism as "the doctrine which advocates crime, physical violence, sabotage, or any unlawful acts or methods as a means of accomplishing or effecting industrial or political change or revolution," and described a number of offenses, including the presiding at, or the assisting in, the conduct of a meeting of an organization advocating criminal syndicalism as defined in the act. The state court upheld the indictment under a construction of …
Bankruptcy - Corporate Reorganization - Plan - Adequate Protection Of Claims - Due Process, Erwin S. Simon
Bankruptcy - Corporate Reorganization - Plan - Adequate Protection Of Claims - Due Process, Erwin S. Simon
Michigan Law Review
In proceedings for reorganization under Section 77B of the Bankruptcy Act, the debtor held real property valued at $245,025, while outstanding against the property there were first mortgage bonds of $445,000, second mortgage notes for $40,250 and a third mortgage note for $27,000. The court confirmed a plan which made no provision for junior lienors or stockholders, and to which they had not given their consent. On certiorari, granted by the Supreme Court, it was held, that since there was no equity in the property above the first mortgage, the claims of the junior lienors and stockholders had no …
Constitutional Law - Impairment Of Contracts - Legislative Regulation Of Deficiency Judgments, Donald H. Larmee
Constitutional Law - Impairment Of Contracts - Legislative Regulation Of Deficiency Judgments, Donald H. Larmee
Michigan Law Review
A North Carolina statute provided that when a mortagee purchases property at his own sale conducted under a power of sale, and then brings action for the deficiency, the debtor may as a matter of defense show that the true value of the property at the time and place of sale exceeded the sale price and thus defeat the deficiency claim in whole or in part. In a recent case the plaintiff, mortagee of an $8,000 mortgage, conducted a sale according to law and bought the land for $3,000. On the plaintiff's subsequent action for the deficiency the defendant pleaded …
Constitutional Law --Twenty-First Amendment And Its Effect On The Commerce Clause And Equal Protection Clause As Applied To Liquor, William Stout Gordon
Constitutional Law --Twenty-First Amendment And Its Effect On The Commerce Clause And Equal Protection Clause As Applied To Liquor, William Stout Gordon
Michigan Law Review
Plaintiffs were granted an injunction in the lower court restraining the enforcement of the California Alcoholic Beverage Control Act on the ground that it violated the commerce clause and the equal protection clause of the Federal Constitution. The act imposed a license fee of $500 for the privilege of importing beer, in addition to the $50 fee to be paid by all wholesalers for the privilege of selling the beer. The Supreme Court reversed the lower court's decision and held that the Twenty-first Amendment withdrew the protection of the commerce clause from liquor and that there was no denial of …
Constitutional Law - Anti-Deficiency Judgment Statutes In Foreclosure Actions - Impairment Of Contract, Elbridge D. Phelps
Constitutional Law - Anti-Deficiency Judgment Statutes In Foreclosure Actions - Impairment Of Contract, Elbridge D. Phelps
Michigan Law Review
Plaintiff instituted a proceeding on a judgment bond which was secured by a real estate mortgage, both of which had been executed by defendants, caused judgment to be entered on the bond, and procured the issuance of a writ of execution under which the mortgaged premises were sold. Thereafter, under the provisions of the state Mortgage Deficiency Judgment Act, defendants procured a satisfaction of the judgment in toto. After entry of such satisfaction, plaintiff filed a petition upon which the court granted a rule on defendants to show cause why the satisfaction should not be stricken. From an order dismissing …
Municipal Corporations - Constitutional Home Rule, Charles M. Kneier
Municipal Corporations - Constitutional Home Rule, Charles M. Kneier
Michigan Law Review
The home rule provision of the New York. constitution provides that as to the "property, affairs or government of cities," the legislature may pass special or local laws only on message from the governor declaring that emergency exists, and the concurrent action of two-thirds of the members of each house of the legislature is necessary in such cases. In 1936 the legislature passed an act providing for the establishment of the three platoon system for fire departments in all cities of over 1,000,000 population. The act provided for a referendum vote on the question in such cities. A mandamus action …
Constitutional Law - Zoning Ordinances Prohibiting Repair Of Existing Structures, William F. Fratcher
Constitutional Law - Zoning Ordinances Prohibiting Repair Of Existing Structures, William F. Fratcher
Michigan Law Review
The rapid development and expansion of the zoning movement during the last ten years has been directed mainly toward guiding new construction in accordance with modern ideals of city planning. There has been, however, a concomitant attempt to restrict the use and repair of existing structures which, if built after its passage, would not conform to the provisions of the zoning ordinance. This at first glance may seem only an insignificant part of the whole zoning problem. But when it is considered, from the point of view of city planners, that it is nearly impossible to make a high grade. …
Constitutional Law -- Interstate Commerce -- Validity Of Federal Statute Prohibiting Interstate Shipment Of Prison-Made Goods, Joseph H. Mueller
Constitutional Law -- Interstate Commerce -- Validity Of Federal Statute Prohibiting Interstate Shipment Of Prison-Made Goods, Joseph H. Mueller
Michigan Law Review
The recent decision of the Supreme Court in Kentucky Whip & Collar Co. v. Illinois Central R. R., provides an effective method of circumventing the doctrine of Hammer v. Dagenhart, which held that Congress may not prohibit the interstate transportation of commodities which are harmless except for their economic effect in the state of destination. It is hailed by the advocates of reform as furnishing an avenue of approach to such problems as the regulation of minimum wages and hours and child labor.
Bankruptcy - Corporate Reorganization Plan - Fairness And Feasibility, Erwin S. Simon
Bankruptcy - Corporate Reorganization Plan - Fairness And Feasibility, Erwin S. Simon
Michigan Law Review
The corporation, having assets of $295,000 and liabilities of $1,200,000, petitioned for reorganization under Section 77B of the Bankruptcy Act and presented a plan. The district court's dismissal of the debtor's petition was affirmed in the circuit court of appeals on the grounds that the plan offered was incomprehensible, that the appraisal required by the plan was unjust since the value and validity of the bonds had been found in the equity receivership, and that subsection (b)(5) of 77B was unconstitutional, the attempt to bind non-assenting creditors being a denial of due process. Certiorari was granted by the Supreme Court. …
Constitutional Law-Resale Price Maintenance -Fair Trade Acts, Joseph H. Mueller
Constitutional Law-Resale Price Maintenance -Fair Trade Acts, Joseph H. Mueller
Michigan Law Review
Four cases upholding the validity of the California and Illinois Fair Trade Acts were recently sustained by the United States Supreme Court. All four cases involved a similar set of facts. Plaintiffs, the owners or authorized distributors of certain well known trade-marked articles, entered into a series of contracts with wholesalers and retailers fixing the resale prices of their branded products. When defendants, certain retailers who had refused to enter into such agreements, persisted in reselling the articles below the prices stipulated in the contracts with other retailers, plaintiffs sued to enjoin them under the provisions of the state Fair …
Constitutional Law - Trial By Jury - Waiver Of Absence Of Part Of Jury And Consent To Continue With Remainder, Malcolm L. Denise
Constitutional Law - Trial By Jury - Waiver Of Absence Of Part Of Jury And Consent To Continue With Remainder, Malcolm L. Denise
Michigan Law Review
The relator in this quo warranto proceeding attacked his previous conviction in a criminal trial on the ground that the verdict was void because rendered by only eleven persons. During that trial, one of the original jurors had been unable to continue, and the relator and the prosecutor had both consented to proceed before the remaining jurors. It was held that the right to be tried by a jury of twelve given an accused by the constitution of the state is a privilege purely for his own protection, and that he could legally waive this, just like any other similar …