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Articles 151 - 169 of 169
Full-Text Articles in Law
Constitutional Law, Samuel F. Pearce
Constitutional Law, Samuel F. Pearce
Washington Law Review
Covers cases on the right to counsel and due process in criminal cases and on the constitutionality of the fluoridation of the city water supply.
Constitutional Law, Joan Smith
Constitutional Law, Joan Smith
Washington Law Review
Covers cases on the enrolled bill rule and on the right to trial by jury in contempt proceedings.
Constitutional Law—Privileges And Immunities Clause—Validity Of Statute Charging Higher Fees To Territorial Nonresident Fishermen, Philip A. Trautman
Constitutional Law—Privileges And Immunities Clause—Validity Of Statute Charging Higher Fees To Territorial Nonresident Fishermen, Philip A. Trautman
Washington Law Review
P brought an action against the Commissioner of Taxation for the Territory of Alaska to obtain a declaration that a statute imposing a $50 license fee on nonresident commercial fishermen as compared to a $5 fee on residents was unconstitutional. D answered that 90% of the cost of collecting fees was incurred in collecting the nonresident fees. District court held for D. Court of Appeals reversed. On certiorari, Held: Affirmed. The statue violates the privileges and immunities clause of Art. IV of the U. S. Constitution, which clause is made applicable to Alaska by the Organic Act. The amount of …
Constitutional Law—Freedom Of Religion—Chest X-Ray As A Condition Of Admission To State University, Gordon F. Crandall
Constitutional Law—Freedom Of Religion—Chest X-Ray As A Condition Of Admission To State University, Gordon F. Crandall
Washington Law Review
The Board of Regents of the University of Washington required that each student submit to a chest X-Ray examination for the purpose of disclosing tubercular infection. P, a Christian Scientist, sought to register for her senior year, and when she refused to submit to the examination she was denied admission. She then petitioned to the Regents for an exemption on the ground that to submit would violate her religious convictions. The petition was denied, and P now seeks a writ of mandamus to compel the Regents to admit her without requiring the X-Ray examination, contending, inter alia, that the requirement …
The Constitution Of The Union Of Burma, Benegal Narsing Rau
The Constitution Of The Union Of Burma, Benegal Narsing Rau
Washington Law Review
The Constitution of Burma, which came into force on January 4, 1948, has many features of great interest to the constitution-maker. In form and content, in magnanimous treatment of special regions and racial groups, and in speed of enactment, it provides an example well worth our attention at the present time. The writer of this article had the honour of being associated closely with the framers of the Constitution at almost every stage.
Procedural Due Process In The Cancellation Of Air Mail Route Certificates [Part 2], Ernest Howard Campbell
Procedural Due Process In The Cancellation Of Air Mail Route Certificates [Part 2], Ernest Howard Campbell
Washington Law Review
A continuation of the article from the July 1946 issue.
Procedural Due Process In The Cancellation Of Air Mail Route Certificates [Part 1], Ernest Howard Campbell
Procedural Due Process In The Cancellation Of Air Mail Route Certificates [Part 1], Ernest Howard Campbell
Washington Law Review
While the dominant concern in this article is to consider the legality and propriety of the issuance of the order canceling air mail route certificates in February, 1934, the requirements of procedural due process of the Fifth Amendment of the Federal Constitution in promulgating this order, and the litigation resulting therefrom, the historical and congressional background of the aviation industry, with special emphasis upon air mail, will first be briefly surveyed.
Constitutional Amendments—Some Current Proposals, Paul P. Ashley
Constitutional Amendments—Some Current Proposals, Paul P. Ashley
Washington Law Review
The purpose of this article is to catalogue currently proposed amendments for the convenience of the segment of society most competent to pass upon them Principal contentions pro and con will be summarized or indicated
The Dissolving Structure Of Our Constitutional Law, Edward S. Corwin
The Dissolving Structure Of Our Constitutional Law, Edward S. Corwin
Washington Law Review
Accepting the Clausewitz thesis that "war is only an extension of policy," we are free to say that the politicians have created chaos in these latter days in a rather wholesale way. But that is another story. The World Revolution is not my topic, but the comparatively limited revolution which we have been witnessing in our own country the last few years in consequence of the New Deal and more recently of the war. How has this revolution affected conceptions of governmental power in the United States; how is it to be evaluated in terms of American Constitutional Law? For …
Collectivism And Constitutional Liberty, Kenneth C. Cole
Collectivism And Constitutional Liberty, Kenneth C. Cole
Washington Law Review
Most of the current discussion of collectivism (by which is meant all varieties of a state controlled economy) tends to center upon the question of its efficiency. Advocates of "free, enterprise" have consistently depreciated the capacity of a socialized economy to produce goods as cheaply as a capitalist economy. But whether socialism is, or is not, conducive to an efficient economic order, it represents a political order in which power may become so concentrated as to bd a threat to liberty. It is quite true that this danger may easily be over emphasized. We know that an economic order in …
Some Observations On The Significance Of The American Bill Of Rights, Kenneth C. Cole
Some Observations On The Significance Of The American Bill Of Rights, Kenneth C. Cole
Washington Law Review
Bills of Rights are like New Year's Resolutions. The discipline they impose is self-imposed. It is also usually imposed in a period of sobriety in the fond hope that the conditions which brought forth excesses in the past will not do so in the future. And, more often than not, the history of nations like that of individuals teaches that while the spirit may be willing the flesh is weak. The flesh is weak because solemn declarations of good intention may have no roots in past performance—the history of the people may have developed no institutions providing an earnest that …
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 …
The Supreme Court's Duty To Defend The Constitution, George Stewart Brown
The Supreme Court's Duty To Defend The Constitution, George Stewart Brown
Washington Law Review
It is repeatedly claimed in high places that the action of the Supreme Court in declaring acts of Congress unconstitutional is a usurpation on the part of the judges. This assertion is sometimes made by college professors, sometimes by statesmen and sometimes even by lawyers. On the contrary, in exercising that power the Supreme Court merely declares that the will of the people of the several states in ratifying their federal compact shall remain supreme over attempted usurpation of power by their agents in the federal legislature. When John Marshall proclaimed that power in the famous case of Marbury v. …
Judicial Notice Of The Law Of Sister States Under The Full Faith And Credit Clause Of The Federal Constitution, Donald G. Simpson
Judicial Notice Of The Law Of Sister States Under The Full Faith And Credit Clause Of The Federal Constitution, Donald G. Simpson
Washington Law Review
A year ago in the case of State v. Johnson the court approved the admission in evidence of certified photostatic copies of fingerprint records from penitentiaries of Oregon and California to prove the identity of the defendant as a prior inmate of those institutions. The court relied on a federal statute which, under authority of Article IV, § 1, of the Federal Constitution, sets forth the procedure for certification of records that was followed in that case. It therefore became necessary for the court to investigate the laws or usages of the Oregon and California courts to determine whether or …
A Constitution For An Indefinite And Expanding Future, Thomas Reed Powell
A Constitution For An Indefinite And Expanding Future, Thomas Reed Powell
Washington Law Review
It was my thought, when I mis-picked my title, to go with you back a hundred and fifty years to the framing and adoption of the Constitution and assess the wisdom of the Fathers in the light of what has since come to pass. In this thought there was the wisdom that in my barrel there were a number of unpublished papers that might be dusted off for the new occasion if pressure of other duties left no time for more than dusting. These various papers contained much local color that could find no counterpart in the State of Washington. …
Constitutionality Of A Search And Seizure, Without Warrant, Of An Automobile—Reasonable Cause—Anonymous Tips, Sherman R. Huffine
Constitutionality Of A Search And Seizure, Without Warrant, Of An Automobile—Reasonable Cause—Anonymous Tips, Sherman R. Huffine
Washington Law Review
Since the case of Carroll v. United States, it has become a generally recognized principle of law that an officer may make a search and seizure of an automobile without a warrant, provided that the officer has probable cause to make the search. The Fourth Amendment to the Constitution of the United States specifically is aimed to protect the people against "unreasonable searches and seizures." The Carroll case is based on the theory that if the other has probable cause the search of an automobile is not an unreasonable search. The distinction drawn is that while the warrant can easily …
Constitutional Law, By Charles W. Gerstenberg (1926), Alfred J. Schweppe
Constitutional Law, By Charles W. Gerstenberg (1926), Alfred J. Schweppe
Washington Law Review
No abstract provided.
The Constitution Of The United States, By James M. Beck (1924), Charles E. Martin
The Constitution Of The United States, By James M. Beck (1924), Charles E. Martin
Washington Law Review
No abstract provided.
Dual Sovereignty And The Supreme Court, Overton G. Ellis
Dual Sovereignty And The Supreme Court, Overton G. Ellis
Washington Law Review
No abstract provided.