Law Commons^™

The Public Interest Concept In Law And In Economics, Robert W. Harbeson

Michigan Law Review

It is an interesting and perhaps important coincidence that only a year previous to the famous decision in Nebbia v. New York there appeared two volumes which together constitute an equally notable landmark in the development of economic doctrine, Professor Edward Chamberlin's Theory of Monopolistic Competition and Mrs. Joan Robinson's Economics of Imperfect Competition. While there is no evidence that the latter works influenced the outcome of the Nebbia case, the writer is of the opinion that these studies not only afford a rationale of that decision but also make desirable a re-examination of the concept of "businesses affected …

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 …

Basic Monetary Conceptions In Law, Arthur Nussbaum

Michigan Law Review

While in various periods of American legal history American courts have been confronted with problems of a monetary character, the importance and multiplicity of these questions have never been more strongly felt than within the last few years, and there is certainly no indication that this situation will change in the near future. The jural difficulties arising from monetary troubles are unusual, not only because of their financial and social implications, but also because of their theoretical intricacies. No wonder, therefore, that arguments advanced by courts in cases of a monetary nature are very often highly unsatisfactory. Again and again, …

High Lights Of Indiana Economic Legislation In 1935, Fred A. Wiecking

Indiana Law Journal

Address of Fred A. Wiecking, Public Counsellor of Indiana, before the Indiana State Bar Association, September 7, 1935.

The House Of Adam Smith, E. H. Vickers

West Virginia Law Review

No abstract provided.

The Effect Of Inflation On Private Contracts: United States, 1861-1879, John P. Dawson, Frank E. Cooper

Michigan Law Review

The Northern inflation coincided almost exactly in its early stages with the inflation in the South, and was produced by the same basic factor - a budgetary deficit due to war expenditure. The financial mobilization of the North was handicapped at the outset by a deficit inherited from the previous administration and by an impaired national credit. The prompt response of the Northern banks enabled the Treasury to overcome this initial handicap and to finance the greatly increased expenditure through the early months of the war. How long orthodox methods of borrowing would have sufficed has been ever since a …

The Gold Clause Decisions, John P. Dawson

Michigan Law Review

The gold clause decisions of February 18, 1935, have already taken their place among the great landmarks of American constitutional history. They have given a partial answer to some basic questions of constitutional law. Directly they have disposed of claims amounting to a total of many billions of dollars. But their further implications, both for public and private law, are of even greater magnitude; it may be many years before these wider implications are more fully understood.

Contracting By Reference To Price Indices, John P. Dawson, James Will Coultrap

Michigan Law Review

The commodity price index number has been defined as a "figure which shows the average percentage change in the prices of a number of representative goods from one point of time to another." In the preceding article it has been argued that the use of the index number in private contracts as a method of expressing stable values is not prohibited by the gold-clause resolution of June 5, 1933; that in the decisions of the United States Supreme Court sustaining this legislation there is nothing to indicate that such contracts would run counter to the Government's policies in the control …

The Effect Of Inflation On Private Contracts: United States, 1861-1879, John P. Dawson, Frank E. Cooper

Michigan Law Review

The American Civil War provides ample material for studying the legal consequences of currency depreciation. The sudden demands of war on government budgets made it necessary in both North and South to issue a large volume of paper money, which produced a general rise in prices, a premium on gold, and all the other indices of major monetary inflation. American history had already illustrated the dangers in the use of unstable monetary standards and in too rapid an expansion of the monetary supply. The period of the Civil War is of peculiar interest to lawyers, however, because the record of …

A Postscript -- The Schechter Case, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Judicial Method And The Constitutionality Of The N.I.R.A., Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Report Of The Indiana State Committee On Governmental Economy Of The Administration Of Justice In Indiana

Indiana Law Journal

This report is published in the Indiana Law Journal for the information of the members of the Indiana State Bar Association through the courtesy of the Governor of the State of Indiana. The preface to this report was prepared by Dean Bernard C. Gavit of the Indiana University School of Law, a member of the Indiana State Committee on Governmental Economy.

The Economic Aspects Of Inflation, Leonard L. Watkins

Michigan Law Review

In every large industrial country there is a considerable group that urges inflation as a path to national prosperity. They have made least impression on monetary policies in countries that experienced severe inflation during the war and post-war years. But in the United States, where war-time inflation was relatively moderate and where losses in the recent depression have been especially severe, inflationary measures have been adopted and agitation persists for the adoption of still more radical policies.

Effects Of Inflation On Private Contracts: Germany, 1914-1924, John P. Dawson

Michigan Law Review

The German experience with inflation is unique not only in the magnitude of the ultimate disaster but in the wealth and variety of the record which it left behind. From that experience we may still learn much. The problems presented at successive stages of the German inflation differ in degree but not in kind from those which appear in any major shift in the general level of prices. The devices, legal and economic, for restoring an equilibrium thus destroyed must be essentially the same in any great country organized, as Germany was, for specialized, large-scale production. From a study of …

Can A State Regulate Prices Of A Private Industry?, Corbett Mcclellan

Indiana Law Journal

No abstract provided.

The Interstate Commerce Clause And Nra, Maurice M. Feuerlicht Jr.

Indiana Law Journal

No abstract provided.

Capitalism, The United States Constitution And The Supreme Court, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

Constitutional Law-Mortgage Foreclosure Moratorium Statutes

Michigan Law Review

The present economic crisis has been productive of much drastic legislation which is directed at the relief of the debtor class. Rather than let the depression run its course, legislative bodies have endeavored to alleviate some of the evils by so-called "emergency'' statutes. A common type of such enactment is that designed to protect mortgagors against foreclosure and sale of their property. Some of these statutes provide that the period of redemption after foreclosure sale shall be extended for a definite period, others that the courts may stay foreclosures, and some provide that there shall be no foreclosure sales unless …

Executive Power In Emergencies, Maurice S. Culp

Michigan Law Review

The events of the last few months indicate that the American chief executive is capable of vigorous action in emergencies. The executive frequently has to use the armed forces of the State or Nation in the performance of his duty to see that the laws are faithfully executed in troubled districts, but it is a new experience to have the governors and the President take emergency measures in combatting a depression. The banking crisis, which first received executive notice in Nevada last November and which attained alarming proportions with Governor Comstock's "bank holiday" in Michigan, culminated in the national holiday …

The Commerce Clause Of The United States Constitution, By Bernard C. Gavit, Frank N. Richman

Indiana Law Journal

No abstract provided.

'Recent Social Trends In The United States" Report Of The President's Research Committee, Robert Cooley Angell

Michigan Law Review

Never before has a particular civilization taken so complete an inventory of its own activities as that presented in the two-volume Report of the President's Research Committee on Social Trends. Its more than 1600 pages are literally crammed with significant data regarding almost every conceivable aspect of American life, data gathered with great care and thoroughness by research men of unquestioned ability and scholarly standing.

The Constitutionality Of The Recovery Program, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Controlling The Production Of Oil, Donald H. Ford

Michigan Law Review

The present pressing need for controlling the production of oil is due to a variety of causes. The principal factors that have contributed to the existing situation to "the flood of oil that takes on the proportions of a national disaster'' are: (1) A rapid improvement in exploratory technique, geological and geophysical, which has resulted in "bringing in" too many new oil fields. (2) Enormous advances in the art of drilling, especially as regards rapidity of drilling and the depths attained. (3) Improved methods of refining which furnish an ever-increasing percentage of gasoline from. the crude. (4) The development of …

State Administrative Supervision Of Municipal Indebtedness, E. Blythe Stason

Michigan Law Review

One of the lessons being drawn from the present economic depression, and especially from the financial straits of municipalities, is the very real need of more adequate restriction upon the power of cities, towns, villages, counties, school districts and other local governments to burden themselves and their taxpayers with excessive public debt.

Judicial Attitudes In The Customs-Union Case, Robert Elden Mathews

Michigan Law Review

The World Court decision of last September in the Austro-German Customs case has given rise in many quarters to an attack upon the Court itself.

The criticism has not been based solely upon the eight-to-seven vote of the judges. We have too many one-man majorities in our own judiciary to find much concern there. But the alignment of nationalities from which the two groups of judges come has been the source of the greatest adverse comment. For it so happens that the majority, holding illegal the proposed Customs Union, was composed of judges many of whose nations were opposed to …

Legislation - Wisconsin Unemployment Insurance Act

Michigan Law Review

Culminating years of activity in its state legislature, Wisconsin on January twenty-eighth adopted the Groves Bill (Bill No. 8, A) providing for compulsory unemployment insurance, the first legislation of the sort to be enacted in the United States. For a discussion of unemployment insurance measures introduced at the 1931 legislatures see 30 MICH. L. REV. 410 (January, 1932). The compulsory plan is to become operative July 1, 1933, unless Wisconsin employers employing more than 175,000 workers in the state have by that date established approved voluntary insurance systems.

Our Economic Problem: The Concentration Of Wealth, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

Report On The Cost Of Crime, Herbert F, Taggart

Michigan Law Review

The full title of the twelfth report of the National Commission on Law Observance and Enforcement is "Report on the Cost of Crime and Criminal Justice in the United States." A more descriptive title, suggested by the actual content of the report, would be "The Economic Consequences of Crime." The report constitutes a volume of 657 pages, of which the report proper covers 453 pages, and various appendices make up the balance. For the hasty reader the most essential parts are the first eight pages, constituting the Commission's comments, and the summary and recommendations, of Messrs. Goldthwaite H. Dorr and …

Some Legal Problems Connected With Stock Market Transactions, S. Ashley Guthrie, Henry F. Tenney

Michigan Law Review

If any one were asked what was the most dramatic event of the last year, he probably refer at once to the collapse of the great Bull Market on the New York Stock Exchange. This was not only a dramatic event, but it was literally a tragedy for hundreds of thousands of people. Securities shrank to less than half their former inflated values and hundreds of millions of dollars in cash and paper profits were lost over night, or possibly we should say over two nights, for the crash occurred in two stages, one in October and one in November, …

Book Review. Keezer, D. M. And May, S., The Public Control Of Business, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.