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Full-Text Articles in Law

The Use And The Abuse Of The Commerce Clause, Fred'k H. Cooke Dec 1911

The Use And The Abuse Of The Commerce Clause, Fred'k H. Cooke

Michigan Law Review

The visible universe, from the giant constellation down to the infinitesimal corpuscle, is in a condition of eternal movement, or, we may say, a condition of eternal transportation. Indeed, there seems to be no phenomenon more universal than this transportation. But we are to here consider it merely as a phenomenon of life, in particular, of human life. In common with other higher animals, man possesses organs that characterize him as a being eminently fitted for transportation; his arms; his legs; even his vocal organs, fitted for transportation (or transmission) of the intangible, that is, of intelligence communicated from one …


The State's Power Over Foreign Corporations, Harold M. Bowman May 1911

The State's Power Over Foreign Corporations, Harold M. Bowman

Michigan Law Review

This paper is devoted to a consideration of certain phases of our constitutional law governing the authority of the states over foreign corporations as that authority developed between the end of the fourth decade of the last century and the end of the first decade of this, and as it has been altered by a remarkable group of decisions rendered by the Supreme Court of the United States only about a year ago. The subject is one which concerns the frame of our institutions, for the final view which the Court shall take upon the questions involved in this matter …


The Passing Of State Control Over Railway Rates, Edson R. Sunderland Jan 1911

The Passing Of State Control Over Railway Rates, Edson R. Sunderland

Articles

Congress has exclusive power to regulate interstate commerce, so far as it admits of a uniform system of regulation, and a failure on its part to regulate in a given case is tantamount to a declaration that such commerce shall remain free and unrestricted. Brown v. Houston, 114 U. S. 622; Leisy v. Hardin, 135 U. S. 100. The states are, in all such cases, without jurisdiction to regulate, irrespective of what Congress has or has not done.