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Articles 1 - 30 of 35
Full-Text Articles in Law
Constitutional Law--Gaming Devices--Public Policy--When Court May Determine, Mose Edwin Boiarsky
Constitutional Law--Gaming Devices--Public Policy--When Court May Determine, Mose Edwin Boiarsky
West Virginia Law Review
No abstract provided.
The Scope Of The Constitutional Immunity Against Searches And Seizures, John E. F. Wood
The Scope Of The Constitutional Immunity Against Searches And Seizures, John E. F. Wood
West Virginia Law Review
No abstract provided.
Constitutional Law-Eminent Domain-Michigan Constitutional Provision
Constitutional Law-Eminent Domain-Michigan Constitutional Provision
Michigan Law Review
The necessity for the exercise of the power of eminent domain in a given case is a legislative question into which the courts cannot inquire, unless an abuse of legislative power is asserted. This results from the very nature of the power to take property for a public use, which power in itself is inherent in sovereignty. When the legislature determines to take a piece of property it is exercising the power in the normal manner. If the use is public, no further determination is necessary once the legislative decision is made. The real reason for the rule would seem …
Unconstitutional Conditions And State Powers, S. Chesterfield Oppenheim
Unconstitutional Conditions And State Powers, S. Chesterfield Oppenheim
Michigan Law Review
The genesis and development of the so-called doctrine of unconstitutional conditions represent a phase of the general problem of the division of state and federal powers. Its importance was first recognized in the series of cases dealing with the power of the state over foreign corporations seeking to do business within its borders, for it was in those decisions that the Supreme Court moderated the absolutism of the principle announced in Paul v. Virginia, by the indefinite qualification that the conditions of admission must not be "repugnant to the Constitution or laws of the United States".
Constitutional Law-Taxation Of Foreign Corporations
Constitutional Law-Taxation Of Foreign Corporations
Michigan Law Review
The constitutional limitations on the power of the states to tax foreign corporations present many intricate questions. In general it may be said that a state may tax foreign corporations the same as it may tax domestic corporations, but subject to the limitations found in the commerce clause and the Fourteenth Amendment of the Federal Constitution. The commerce cause takes certain subjects out of the realm of state taxation altogether. The state cannot directly impose a burden of any sort upon interstate commerce. It cannot even lay an excise on the privilege of doing intrastate business if the basis includes …
The Living Constitution, T. W. A.
Natural Law In American Constitutional Theory, Fowler Vincent Harper
Natural Law In American Constitutional Theory, Fowler Vincent Harper
Michigan Law Review
Natural law has had many meanings and diversified interpretations. Whether in the form of jus naturale, the law of nature, the law of reason, lex naturalis, lex aeterna, natural justice, or due process of law; natural law, in the broadest sense, has evolved as the needs of a particular civilization and the endeavors of its legal scholars have directed. It is significant, however, that as a philosophy of law, natural law continues to thrive, although the particular system which one community constructs may be abandoned by succeeding generations. Periods of growth in the law have been frequently accompanied …
Constitutional Law-Searches And Seisures-Distraction Between Searching A Building And An Automobile Without Warrant
Michigan Law Review
An officer observed the odor of boiling mash and fermentation issuing from the dwelling of the defendant. The officer, without warrant, entered the basement and there found the defendant operating two stills. Considerable whiskey was found stored within the room. Defendant was arrested and convicted. On appeal he contended that the search was unlawful. Held, the search without warrant was unreasonable and in violation of the Fourth Amendment to the Federal Constitution. Schroeder v. United States, 14 F. (2d) 500.
Our Changing Constitution, James M. Beck
Our Changing Constitution, James M. Beck
James Goold Cutler Lecture
No abstract provided.
States' Rights And National Prohibition, Paul L. Sayre
States' Rights And National Prohibition, Paul L. Sayre
Indiana Law Journal
No abstract provided.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Constitutionality Of Municipal Zoning And Segregation Ordinances, George D. Hott
Constitutionality Of Municipal Zoning And Segregation Ordinances, George D. Hott
West Virginia Law Review
No abstract provided.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
The Constitution And The Courts, Conrad Wolf
The Constitution And The Courts, Conrad Wolf
Indiana Law Journal
No abstract provided.
Constitutional Law-Regulation Of Resale Of Tickets Of Admission To Places Of Entertainment
Constitutional Law-Regulation Of Resale Of Tickets Of Admission To Places Of Entertainment
Michigan Law Review
An addition has been made to a series of cases indicating that the United States Supreme Court is turning away from a tendency to sustain state legislation, especially where the factual basis constituting the inducement of the enactment involves debatable factors. in a five to four decision that gives the unscrupulous ticket scalpers free rein to shear all the fleece from the theatre going lambs of greater New York, the Supreme Court has held to be in violation of the Fourteenth-Amendment a New York statute limiting the resale price of tickets of admission to places of entertainment to fifty cents …
Injunction Against Search By Police Officers
Injunction Against Search By Police Officers
Michigan Law Review
A nice equipoise of public and private interest is disclosed in the case of Des Moines Drug Co. v. Doe, in which the Iowa Supreme Court recently had occasion to consider questions raised by a bill in equity to enjoin a search by police officers endeavouring to enforce the liquor laws.
Waiver Of Trial By Jury In Criminal Cases, S. Chesterfield Oppenheim
Waiver Of Trial By Jury In Criminal Cases, S. Chesterfield Oppenheim
Michigan Law Review
Waiver of jury trial in criminal cases generally is a highly practical issue at the present time both from the standpoint of the public and of the accused. The belief is common that the element of delay is one of the primary causes of the general disrespect attaching to the courts of criminal juridiction. It is said that an overzealousness in shielding the citizen against oppression and injustice has resulted in shifting to the background expedients designed to simplify and give momentum to the disposition of criminal cases.
Constitutional Law-Statutory Prohibition Of Possession Of Liquor
Constitutional Law-Statutory Prohibition Of Possession Of Liquor
Michigan Law Review
The Michigan court has recently declared the state statute prohibiting the mere possession of liquor to be constitutional. People v. Burt, 236 Mich. 62, 210 N. W. 97. The court does not enter into any: discussion as to the constitutionality, but relies on a previous decision, People v. Stambosva, 210 Mich. 436, 178 N. W. 226. This phase of the case is stressed, however, in a vigorous dissent by Chief Justice Bird, who denies that the Stambosva case is controlling. That case held the statutory provision in question to be valid, as not violative of due process, but …
Unconstitutional Conditions-The Chrysler Automatic Insurance Plan
Unconstitutional Conditions-The Chrysler Automatic Insurance Plan
Michigan Law Review
The recent decision of the United States Supreme Court in Palmetto Fire Insurance Co. v. Conn. and consolidated cases, terminates the interesting litigation provoked in four states by the novel insurance scheme of the Chrysler Sales Corporation.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Political And Judicial Theories Of Constitutional Construction, E. L. Phillips
Political And Judicial Theories Of Constitutional Construction, E. L. Phillips
West Virginia Law Review
No abstract provided.
Constitutional Law-Partial Unconstitutionality Of Statutes-Effect Of Saving Clause On General Rules Of Construction
Michigan Law Review
In recent legislation it has become fairly common to incorporate so-called "saving" clauses or sections. In effect, these usually state with variations in phraseology, that the adjudication of invalidity of any part of the act shall not affect the validity of the balance or any of the remaining parts of the act and, in some instances in addition, that notwithstanding a portion of the act is declared objectionable, the legislature would have passed the residue of the statute or any of its parts or that the remaining portions or any part thereof shall be enforced without reference to that invalidated.
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.
Judicial Interpretation Of The Eleventh Amendment, Charles S. Hyneman
Judicial Interpretation Of The Eleventh Amendment, Charles S. Hyneman
Indiana Law Journal
No abstract provided.
Presidential Power Of Removal, Hugh Evander Willis
Presidential Power Of Removal, Hugh Evander Willis
Indiana Law Journal
No abstract provided.
The Right To A Jury Trial In West Virginia, L. C.
The Right To A Jury Trial In West Virginia, L. C.
West Virginia Law Review
No abstract provided.
The Four Constitutions Of Kentucky, Richard Priest Dietzman
The Four Constitutions Of Kentucky, Richard Priest Dietzman
Kentucky Law Journal
No abstract provided.