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Constitutional Law

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Articles 691 - 705 of 705

Full-Text Articles in Law and Economics

The Constitution And Socio-Economic Change, By Henry Rottschaefer, Ben W. Palmer Jan 1950

The Constitution And Socio-Economic Change, By Henry Rottschaefer, Ben W. Palmer

Indiana Law Journal

No abstract provided.

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Constitutional Law--Impairment Of Obligation Of Contract--Mortgage Moratorium--Determination Of The Existence Of An Emergency, George Brody Feb 1946

Constitutional Law--Impairment Of Obligation Of Contract--Mortgage Moratorium--Determination Of The Existence Of An Emergency, George Brody

Michigan Law Review

In 1943 the New York State Legislature extended its moratorium legislation for another year, thereby continuing the suspension of mortgage foreclosure proceedings on real property due to default in payments on principal. The legislature declared that an emergency still existed and therefore the continuance of legislative action, first taken in 1933, was justified. The law made payment of interest, taxes, insurance and amortization charges a prerequisite to suspension of foreclosure. Appellant brought an action to foreclose a mortgage on appellee's property for the non-payment of principal, contending that the suspension of foreclosure proceedings resulted in an impairment of the obligation …

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Constitutional Law - State Control Of Interstate Migration Of Indigents, Edward W. Adams Mar 1942

Constitutional Law - State Control Of Interstate Migration Of Indigents, Edward W. Adams

Michigan Law Review

The interstate migration of persons presents the United States with one of its most acute economic and social problems and carries in its wake a series of significant legal questions. Of paramount importance is the constitutional question whether the migration of indigents is subject to state control. To lend understanding to this problem, attention will be called first to the basic economic and social urges underlying interstate migration and second to the position of the indigent as defined by traditional legal concepts. To complete the discussion, suggestions will be offered for corrective federal legislation.

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The Constitution And A "Planned Economy", Henry Rottschaefer Jun 1940

The Constitution And A "Planned Economy", Henry Rottschaefer

Michigan Law Review

A little more than a decade has passed since the collapse of the wildest speculative orgy ever indulged in by a nation not markedly given to underestimating its own economic and financial potentialities. It came at a time when the conjuncture of world-wide economic forces combined with almost world-wide unsound practices in the fields of international trade and finance had created an extremely unstable economic situation throughout the world. It would require a degree of optimism as large as that entertained by the speculative community during the "boom period" to believe that the measures and policies adopted and followed during …

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Dicey's Law Of The Constitution: A Review, William A. Robson Dec 1939

Dicey's Law Of The Constitution: A Review, William A. Robson

Michigan Law Review

The first edition of this celebrated work appeared in 1885; and such was its vogue until ten or fifteen years ago that there is scarcely anyone over thirty-five years of age who studied law, politics or constitutional history at a university or professional law school in England and the British Dominions who was not "brought up" on Dicey. "Dicey on the Constitution" was regarded for generations not merely as a perfect, accurate and comprehensive statement of the principles of the British system of government; but also as a reliable explanation of its superior virtues and liberties. The book attained an …

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Constitutional Law - Mortgages - Moratoria On The Way Out?, Elbridge D. Phelps Jun 1939

Constitutional Law - Mortgages - Moratoria On The Way Out?, Elbridge D. Phelps

Michigan Law Review

As a general proposition, one might perhaps feel prone to quarrel with the statement that "history repeats itself," but there can be little doubt that it applies full well to legislation aimed at relieving hard-pressed debtors in times of financial crises. From our earliest American history, every economic "winter" has provoked a landslide of pro-debtor legislation. Nor have mortgage debtors been overlooked in this regard. The remedies suggested have been as varied and ingenious as human minds could concoct. A brief review of the past decisions indicates that when they could be said to impair the obligation of contract, such …

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Constitutional Law - Validity Of Mortgage Moratorium Act - Effect Of Lapse Of Time On "Emergency'' Legislation, Ralph Winkler Jun 1938

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 …

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The Gold Clause Decisions, John P. Dawson Mar 1935

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.

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Judicial Method And The Constitutionality Of The N.I.R.A., Ralph F. Fuchs Jan 1935

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

Articles by Maurer Faculty

No abstract provided.

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A Postscript -- The Schechter Case, Ralph F. Fuchs Jan 1935

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

Articles by Maurer Faculty

No abstract provided.

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The Interstate Commerce Clause And Nra, Maurice M. Feuerlicht Jr. Apr 1934

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

Indiana Law Journal

No abstract provided.

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Capitalism, The United States Constitution And The Supreme Court, Hugh Evander Willis Jan 1934

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

Articles by Maurer Faculty

No abstract provided.

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Constitutional Law-Mortgage Foreclosure Moratorium Statutes Nov 1933

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 …

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The Commerce Clause Of The United States Constitution, By Bernard C. Gavit, Frank N. Richman Apr 1933

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

Indiana Law Journal

No abstract provided.

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The Constitutionality Of The Recovery Program, Ralph F. Fuchs Jan 1933

The Constitutionality Of The Recovery Program, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

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