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Full-Text Articles in Law
Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell
Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell
Michigan Law Review
In a proceeding brought by the United States to restrain the construction of a dam in a stream alleged to be a "navigable river, or other navigable water of the United States," Economy Light & Power Co. v. United States2 held that "a river having actual navigable capacity in its natural state and capable of carrying commerce among the states is within the power of Congress to preserve for future transportation, even though it be not at present used for such commerce, and be incapable of such use according to present methods, either by reason of changed conditions or because …
Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell
Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell
Michigan Law Review
This review of Supreme Court decisions on constitutional law during the October Term of 1920 follows the plan of its predecessors.' Its aim is the modest one of exposing the precise points decided and the precise or unprecise reasons given in support of the results reached. A valiant effort is made to refrain from criticism or from adding anything to the contributions of the judges. In the footnotes are assembled references to discussions of the cases reviewed in the text and of other issues of constitutional law considered in recognized law journals from October, 1920, to October, 1921. No effort …
Constitutional Decisions By A Bare Majority Of The Court, Robert Eugene Cushman
Constitutional Decisions By A Bare Majority Of The Court, Robert Eugene Cushman
Michigan Law Review
In December, 1823, the legislature of Kentucky, in a blaze of resentment against a decision of the Supreme Court of the United States invalidating a Kentucky statute,' petitioned Congress "so to organize the Supreme Court of the United States that no constitutional question * * * involving the validity of State laws, shall be decided by said Court unless two-thirds of all the members belonging to said court shall concur in such decision." 2 At the same time a United States senator from Kentucky was demanding that Congress- require for such decisions the concurrence of seven judges out of a …
Note And Comment, Edwin C. Goddard, Edson R. Sunderland, George D. Clapperton, Herman A. August
Note And Comment, Edwin C. Goddard, Edson R. Sunderland, George D. Clapperton, Herman A. August
Michigan Law Review
Public Utility Valuations and Rates - In comparing the reports of the public utility commissions with the decisions of the courts on questions of valuation of public utilities, nothing is more striking than this-that as time goes on the commissions are growingly impatient of the cost of reproduction theory, while the courts still insist there is no inflexible method of fixing value, but continue to prefer largely figures as to supposed reproduction cost. This attitude of the commissions is remarkable in view of the fact that every finding may be carried to the courts for review and possible reversal. The …
Note And Comment, Henry M. Bates, Lewis H. Mattern, Paul W. Gordon, Jean Paul Thomas
Note And Comment, Henry M. Bates, Lewis H. Mattern, Paul W. Gordon, Jean Paul Thomas
Michigan Law Review
Freedom of Press and Use of the Mails - Strangely enough, the First Amendment to the Federal Constitution, although it guarantees against federal attack highly important and fundamental rights, has received very little authoritative interpretation by our courts. It remained for the Gr&t War and conditions following in its train to bring before that tribunal almost the first really important controversies relating to freedom of press and of speech. The case of U. S. ex rel. Milwaukee Social Democratic Publishing Company, Plaintiff in Error, v. Postmaster-General Albert S. Burleson, decided March 7, 192i, is the- latest of a series of …
States And Foreign Relations, John M. Matthews
States And Foreign Relations, John M. Matthews
Michigan Law Review
The conduct of a nation's foreign relations may be affected to a considerable extent by its internal governmental organization. Generally speaking, a more energetic and effective foreign policy is possible for a nation whose government is characterized by unity and coherence. This is true not only with reference to the relations between the -departments of the central government, but also with reference to the relations between the central government and the local or state governments. In countries whose government is based on the federal plan, therefore, an important question to be considered is that as to the extent, if any, …
Note And Comment, Horace Lafayette Wilgus, Edson R. Sunderland, Carl G. Brandt, A George Bouchard
Note And Comment, Horace Lafayette Wilgus, Edson R. Sunderland, Carl G. Brandt, A George Bouchard
Michigan Law Review
Boycott - Clayton Act - In Duplex Printing Press Company v. Deering et al. (January 3, 192I) 41 S. Ct. 172, the facts were: The plaintiff, a Michigan corporation, manufactures at Battle Creek, and sells throughout the United States, especially in and around New York City, and abroad, very large, heavy and complicated newspaper printing presses. Purchasers furnish workmen, but ordinary mechanics alone are not competent to do this, and so they are supervised by specially skilled machinists furnished by plaintiffs. The plaintiffs have always operated on the "open shop" plan, without discrimination against union or non-union labor, either at …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession - Color of Title - Written Instrument. - Where the defendant under a parol gift of an entire tract of land, but without any "paper" titlq took actual possession of only a part of the tract, but claimed title up to its well-defined boundaries for the statutory period, it was held, in an action by the heirs of the donor, that the defendant had acquired title to the whole tract. Nelson v. Johnson (Ct. of App., Ky., r92o), 226 S. W. 94.
Does The Constitution Protect Free Speech, Herbert F. Goodrich
Does The Constitution Protect Free Speech, Herbert F. Goodrich
Michigan Law Review
Many thoughtful men and women, witnessing the suppression of speech, by means both judicial and extra-judicial, in the period through which we have just passed, have reluctantly concluded that our hard won ight of freedom of speech has been lost, swept away in the flood tide of war enthusiasm. They point to the example of the recent candidate for the presidency, Eugene Debs, who is still confined in a federal prison for words he uttered during the war. They call attention to the fact that the fate of Mr. Debs is no worse than that of scores of other persons, …
Constitutional Law In 1919-1920, Iii, Thomas Reed Powell
Constitutional Law In 1919-1920, Iii, Thomas Reed Powell
Michigan Law Review
Five of the corporations which fought in vain against exercises of the police power profited nothing from their grasp at the obligation-of-contracts clause. In Milwaukee Electric Ry. & Light Co. v. Wisconsin2 the contract relied on was a clause in the charter of a street railroad imposing on it the duty to keep the space between and near its tracks in good repair "with the same material as the city shall have last used to pave or repave these spaces and the street previous to such repairs, unless the railway company and the board of public works of said city …
Note And Comment, G L. Canfield, Edson R. Sunderland, Horace Lafayette Wilgus, George D. Clapperton
Note And Comment, G L. Canfield, Edson R. Sunderland, Horace Lafayette Wilgus, George D. Clapperton
Michigan Law Review
Maritime Liens - Personality of Ship - In Coal Company v. Fisheries Company (Advanced Sheets, Nov. 15, ig2o), the Supreme Court denies a lien for supplies of coal furnished the owner of a fleet of vessels for use thereon and, incidentally, brings into stronger relief the admiralty doctrine of the personality of the ship as distinguished from that of the owner. At the time the arrangement was made, the shipowner was without money or credit and could not enter upon its operations without a supply of coal for its ships and factories. The Coal Company agreed to supply its requirements …