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Articles 1 - 22 of 22
Full-Text Articles in Law
Constitutional Law - Freedom Of The Press - Restraints On Publication, Maurice S. Culp
Constitutional Law - Freedom Of The Press - Restraints On Publication, Maurice S. Culp
Michigan Law Review
A recent Supreme Court decision establishes a new concept of freedom of the press, and adds new meaning to the liberty safeguarded by the Fourteenth Amendment. The defendant, Near, was enjoined from publishing his newspaper because it was alleged that the paper was largely devoted to the publication of malicious, scandalous, and defamatory articles about the grand jury, public officials, and others. The injunction was granted pursuant to a statute which made the publication of a malicious, scandalous, or defamatory newspaper, magazine, or periodical a nuisance subject to abatement by injunction. The Supreme Court of the United States decided that …
Constitutional Law--Compelling Witness Duty From Absent Nationals
Constitutional Law--Compelling Witness Duty From Absent Nationals
Michigan Law Review
One Blackmer, a citizen of the United States wanted as a witness in the prosecution of Fall and Sinclair, removed to France. Primarily for the purpose of compelling him to return as a witness, Congress enacted, in 1926, the statute commonly known as the Walsh Act. This act provides that whenever the Attorney General or any assistant or district attorney acting under him desires as a witness in a criminal action a person abroad who is a "citizen of the United States or domiciled therein," a subpoena may be issued addressed to a United States consul to be served by …
Constitutional Law-Bank Guaranty Funds
Constitutional Law-Bank Guaranty Funds
Michigan Law Review
The plaintiff state bank sued to enjoin collection of special assessments under a state bank guaranty law providing for assessments on every bank to establish a fund to protect depositors in failed banks, on the ground that the statute authorizing the assessments had become void as being confiscatory. At the time suit was instituted, the assessments totaled six-tenths of one per cent of average daily deposits, but after an appeal was taken from the decision of the state court, dismissing the injunction granted by the district court, a new act reduced the assessments to two-tenths of one per cent, limited …
Courts-Power To Direct Verdicts Where Forbidden By State Constitution
Courts-Power To Direct Verdicts Where Forbidden By State Constitution
Michigan Law Review
ln a suit for personal injuries the district court of the United States for the district of Arizona directed a verdict for the defendant on the ground that the plaintiff was guilty of contributory negligence. The constitution of Arizona, sec. 5, art. 18 provides: "The defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury." Held, that this section is not binding on a federal court sitting in Arizona, and does not prevent such court from directing a verdict when …
Constitutional Law-Just Compensation Under The Fifth Amendment- Rights Of Russian Citizen
Constitutional Law-Just Compensation Under The Fifth Amendment- Rights Of Russian Citizen
Michigan Law Review
The petitioner was a corporation organized under the laws of the Russian Czarist government, and in January, 1917, became an assignee for value of contracts for the construction of two vessels. In August, 1917, the United States requisitioned these contracts, and the vessels being constructed thereunder, for use in the War. The requisition was made under an act of Congress of June 15, 1917, 40 Stat. 183, which provided for compensation as follows: "Whenever the United States shall * * * requisition any contract * * * or take over any ship, * * * in accordance with the provisions …
Infants-Liability On Tort Arising Out Of Contract
Infants-Liability On Tort Arising Out Of Contract
Michigan Law Review
Plaintiff was the assignee of a conditional sales contract for an automobile purchased by defendant, a minor. The contract contained a provision that the car should not be used in connection with any violation of any state or federal law. The defendant was apprehended by federal officers while using the car for the illegal transportation of liquor. The car was seized and later forfeited, and the plaintiff brought a tort action for the conversion of the car. Held, the infancy of the conditional buyer was no defense to an action for conversion by a wilful, illegal use. Vermont Acceptance …
Constitutional Law-Former Jeopardy-As Bar To Civil Suit For Penalty Tax
Constitutional Law-Former Jeopardy-As Bar To Civil Suit For Penalty Tax
Michigan Law Review
The respondent had been convicted and punished in a criminal prosecution for dealing in intoxicating liquors. In a civil action for the collection of taxes imposed as a penalty for non-payment of taxes due because of those particular sales, held, the prior conviction of the defendant constituted a bar to this civil suit for a penalty as double jeopardy even under sec. 5 of the Willis Campbell Act. United States v. LaFranca, U. S. Sup. Ct. Feb. 24, 1931; Adv. Op. No. 74.
Constitutional Law-Municipal Corporations-Police Power
Constitutional Law-Municipal Corporations-Police Power
Michigan Law Review
The defendants circulated, on the streets of Milwaukee, hand bills which set forth the political and economic views of their group. An ordinance made it unlawful for any person "to circulate or distribute any circular, hand bills, cards, posters, dodgers, or other printed or advertising matter, * * * in or upon any sidewalk, street, * * * or other public place, park or ground within the City of Milwaukee." The defendants were arrested and convicted of violating this ordinance. There was no charge that the ordinance was enforced in any unreasonable or discriminatory manner, or that its purpose was …
Review: The Revival Of Natural Law Concepts, Fowler Vincent Harper
Review: The Revival Of Natural Law Concepts, Fowler Vincent Harper
Michigan Law Review
A Book Review of THE REVIVAL OF NATURAL LAW CONCEPTS By Charles Grove Haines.
Constitutional Law-Validity Of The Eighteenth Amendment
Constitutional Law-Validity Of The Eighteenth Amendment
Michigan Law Review
Defendants were indicted for violation of the National Prohibition Act, and on motion to quash they argued that the Eighteenth Amendment under which this statute was enacted conferred new direct powers upon the United States and, within the intent of Article V of the Constitution, could not be properly ratified except by convention. The lower court, on a theory of political interpretation, agreed; indictment quashed. On appeal to the Supreme Court it was held, that the Eighteenth Amendment was lawfully ratified by a method clearly and unequivocally left to the election of Congress. United States v. Sprague, U. …
Trusts--Exercise Of A Power With Consent Of Trustee-Retroactive Federal Inheritance Tax
Trusts--Exercise Of A Power With Consent Of Trustee-Retroactive Federal Inheritance Tax
Michigan Law Review
A trust, established in 1908, reserved a power to the settlor to alter or amend the provisions of the trust, conditioned on the assent of the trustee. 26 U. S. C. A. sec. 1094 (d), Rev. Act (1926) sec. 302 (d), which applied to trusts subject at the date of death to any change through the exercise of a power either by the decedent alone or in conjunction with any person, to alter, amend or revoke, was made retroactive by clause (h) of the same section. Held, since the transfer was complete before the death of the settler, section …
Review: Cases On Constitutional Law, Thomas C. Lavery
Review: Cases On Constitutional Law, Thomas C. Lavery
Michigan Law Review
A Review of: CASES ON CONSTITUTIONAL LAW By Dudley O. McGovney.
Taxation-Excise Measured By Income From Copyrights
Taxation-Excise Measured By Income From Copyrights
Michigan Law Review
Plaintiff, a New York corporation, brought a bill to enjoin the Attorney-General of New York and others from collecting under a New York statute a tax levied "for the privilege of exercising its franchise in this state in a corporate or organized capacity," and measured by "income from any source," which had been interpreted to include income derived from copyrights, on the ground that the statute, as applied, infringed the federal Constitution. Held, three judges dissenting, that the tax was an excise tax levied for the privilege of doing business in a corporate capacity and that a constitutionally permissible …
Intoxicating Liquors-Liability Of Purchaser To Federal Prosecution
Intoxicating Liquors-Liability Of Purchaser To Federal Prosecution
Michigan Law Review
Considering the tremendous amount of public interest evinced in all cases arising under the Eighteenth Amendment and the Volstead Act, it seems strange, at first glance, that more attention has not been paid by the courts to the purchaser of intoxicating beverages. Since the passage of the National Prohibition Act the dockets have been crowded with cases dealing with the sale, manufacture, and transportation of intoxicants, but it was not until ten years after the passage of the Act that the United States Supreme Court was asked to consider the legality of the purchase of liquor as such. The question …
Review: The Constitution And What It Means Today. By Edward S. Corwin, Forrest Revere Black
Review: The Constitution And What It Means Today. By Edward S. Corwin, Forrest Revere Black
Michigan Law Review
A Review of THE CONSTITUTION AND WHAT IT MEANS TODAY. By Edward S. Corwin
Constitutional Law-Due Process-Reasonableness Of Police Regulation
Constitutional Law-Due Process-Reasonableness Of Police Regulation
Michigan Law Review
The New York Agriculture and Markets Law, (Cons. Law, c. 69), sec. 252, 253, required an annual license of all persons or corporations gathering milk from producers for manufacture or resale. This was to be issued only upon execution of a bond for at least $2,000, conditioned upon the compliance with this law and the prompt payment to producers for milk or cream bought by the gatherer. The commission, however, could by formal order relieve the gatherer from having to file this bond if satisfied as to the gather's solvency and probable ability to pay for milk purchased. In case …
Constitutional Law-Due Process-Revocationof Driver's License
Constitutional Law-Due Process-Revocationof Driver's License
Michigan Law Review
Petitioner's license was suspended under a statute which provided that if a judgment for personal injuries or property damage resulting from the ownership or operation of an automobile remained unpaid fifteen days after it became final, the driver's license should be revoked or suspended until payment and until proof offered of ability to pay future claims. Arrested and jailed for driving without a license, petitioner sought release by writ of habeas corpus on the ground that the statute was unconstitutional. Held, that the operation of the statute was discriminatory and based on an unnatural classification; petitioner discharged. Ex parte …
Constitutional Law-Due Process-Police Power-Junk Yards
Constitutional Law-Due Process-Police Power-Junk Yards
Michigan Law Review
The City of Ashland, Kentucky, acting under a specific power to license and regulate junk yards granted to it by the legislature under section 3058-2 Ky. Stat. (Carroll, 1922) passed an ordinance requiring applicants for licenses to operate junk yards within the city of Ashland. "to make and execute with the Clerk of the City of Ashland, Kentucky, a permit signed by the applicant providing that the Police Department * * * may inspect and search the said shop or place of business." The appellant complied with all other requirements, but refused to execute the permit: Because the clerk would …
Crimes-Procedure-Constitutionality Of The Short Form Of The Indictment
Crimes-Procedure-Constitutionality Of The Short Form Of The Indictment
Michigan Law Review
The respondents were tried and found guilty of murder. Held, that the constitutional provision that "the accused shall be fully informed of the nature and cause of the accusation against him" requires an indictment returned by the grand jury to contain allegations as to the time and place of the assault and the time and place of death of the decedent where the crime charged is murder. State v. Rector (S. C . 1930) 155 S.E. 385.
Constitutional Law-Action For Personal Injury As Property
Constitutional Law-Action For Personal Injury As Property
Michigan Law Review
In an action for personal injury to the plaintiff while a guest in defendant's car, the trial court instructed the jury that plaintiff must prove the elements required by the Guest Act, i.e., a heedless and reckless disregard of the rights of others, and not merely the common law requirements for negligence. The Guest Act (Pub, Acts, 1927, c. 308) was void for failure of the governor to sign in the prescribed time. Validating acts were passed after the accident in question. Held, action for personal injury was a property interest and the validating acts, operating retrospectively, impaired plaintiff's …
What Rights Are Left, Everett S. Brown
What Rights Are Left, Everett S. Brown
Michigan Law Review
A review of WHAT RIGHTS ARE LEFT By Henry Alan Johnston.
Tenure Of Office Under The Constitution, Everett S. Brown
Tenure Of Office Under The Constitution, Everett S. Brown
Michigan Law Review
A review of TENURE OF OFFICE UNDER THE CONSTITUTION By James Hart.