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Constitutional Law

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The Free Speech Safeguard For Labor Picketing: Part One, Ira Schlusselberg Jan 1945

The Free Speech Safeguard For Labor Picketing: Part One, Ira Schlusselberg

Kentucky Law Journal

No abstract provided.


Growth In The Constitution And Constitutional Law Since The Decision Of The Case Of West Coast Hotel Vs. Parrish, Hugh Evander Willis Jan 1945

Growth In The Constitution And Constitutional Law Since The Decision Of The Case Of West Coast Hotel Vs. Parrish, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.


Constitutional Law-Right To Counsel, Robert M. Barton Jun 1944

Constitutional Law-Right To Counsel, Robert M. Barton

Michigan Law Review

The appellant, a person with a long criminal record, was convicted of receiving and concealing stolen goods. At the trial the attorney appointed by the court to represent him presumably had enough time to prepare a defense but conducted it in a slipshod manner. He failed to object to the admission of important evidence not legally admissible; he failed to see that a witness whom the accused described as important was subpoenaed into court; he objected to none of the prejudicial statements of the trial judge which in effect attacked the credibility of the accused, and he criticized his own …


Right To Counsel Apr 1944

Right To Counsel

Indiana Law Journal

Constitutional Law Note


Constitutional Aspects Of Foreign Affairs, Lindsay Rogers Feb 1944

Constitutional Aspects Of Foreign Affairs, Lindsay Rogers

James Goold Cutler Lecture

No abstract provided.


The Adoption Of The Initiative And Referendum In Washington, Claudius O. Johnson Jan 1944

The Adoption Of The Initiative And Referendum In Washington, Claudius O. Johnson

Selected Articles on Washington State Constitution History

No abstract provided.


Federal Immunity From State Inspection Laws Jan 1944

Federal Immunity From State Inspection Laws

Indiana Law Journal

Notes and Comments: Constitutional Law


Constitutional Liberties And Statutory Construction, Frank Edward Horack Jr. Jan 1944

Constitutional Liberties And Statutory Construction, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.


Constitutional Law - Highways - Billboard Regulations-Application Of Easement Principles, Ruth I. Wilson Aug 1943

Constitutional Law - Highways - Billboard Regulations-Application Of Easement Principles, Ruth I. Wilson

Michigan Law Review

In Kelbro, Inc. v. Myrick, where the license and setback requirements of the Vermont outdoor advertising law were sustained together with provisions for summary removal of nonconforming advertisements, the Vermont Supreme Court declared that the commercial billboard companies have no common-law right to the privilege of visibility on which their business depends. Their exploitation of this privilege, it held, is a commercial use of the public thoroughfares which has been permitted only by sufferance and has always been subject to prohibition or regulation by the legislature.


Constitutionality Of Parking Meter Ordinance Jul 1943

Constitutionality Of Parking Meter Ordinance

Indiana Law Journal

Notes and Comments: Municipal Corporations


Constitutional Law - Criminal Law And Procedure - Presence Of Accused During Arguments Of Law, Arthur B. Lathrop Apr 1943

Constitutional Law - Criminal Law And Procedure - Presence Of Accused During Arguments Of Law, Arthur B. Lathrop

Michigan Law Review

The defendant was indicted for a felony on charges of wilfully attempting to "evade or defeat'' federal income taxes based on his failure to report money allegedly received by him from "backers" of numbers games in exchange for political protection. On cross-examination he was questioned about certain payments made in the year following the ones on which the indictment was based. His attorney objected on the ground that the question was going to be the subject of another indictment against the defendant, and asked that the jury be dismissed while an argument was had upon the point of law raised. …


Speech As Conditional Privilege In National Labor Relations Board Cases, Reynolds C. Seitz Jan 1943

Speech As Conditional Privilege In National Labor Relations Board Cases, Reynolds C. Seitz

Kentucky Law Journal

No abstract provided.


Administrative Boards And Delegation Power, William Burns Lawless Jan 1943

Administrative Boards And Delegation Power, William Burns Lawless

Journal Articles

With the growth of American federalism and the passing of the doctrines of laissez faire as axioms of economic and political legal theory, the Congressional function magnified. Throughout the last decade the multiphased problems of Congress has necessitated the creation of administrative commissions to perform-the policies of the legislature. Congress continues to declare the law and determine the legal principle to control in given cases. In the same breath of legal creation it goes farther and provides for an administrator or commission to vitiate the doctrine set-out. The transfusion of power from the national legislature to the administrator promotes sensitive …


Constitutional Law-Trial By Jury-Conditions Of Valid Waiver Dec 1942

Constitutional Law-Trial By Jury-Conditions Of Valid Waiver

Michigan Law Review

Until the rendition of the Supreme Court's lengthy opinion in Patton v. United States the consequence of a defendant's waiver of his constitutional right to trial by jury in criminal cases, and his resultant trial without a jury of twelve persons, was matter for vigorous disputation. The decisions from various jurisdictions are conflicting and confused. Some courts have declared flatly that the right cannot be validly waived and that conviction following an attempted waiver is a nullity. But their reasons for so holding are widely variant.


Recent Decisions, Michigan Law Review Oct 1942

Recent Decisions, Michigan Law Review

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.


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.


Libel--Libel Per Se--Fair Comment--Attributing Anton-Semitism To Congressman, D. D. J. Jr. Feb 1942

Libel--Libel Per Se--Fair Comment--Attributing Anton-Semitism To Congressman, D. D. J. Jr.

West Virginia Law Review

No abstract provided.


The Amending Of The Federal Constitution, Lester Bernhardt Orfield Jan 1942

The Amending Of The Federal Constitution, Lester Bernhardt Orfield

Michigan Legal Studies Series

MOST treatises on constitutional law dispose of the federal amending clause in summary fashion. The commentators have thought fit to stress chiefly the division of authority between the federal government and the states. They have attached a high degree of significance to the dogma of separation of powers. A great deal of attention has been devoted to the doctrines of judicial review, the supremacy of the Federal Constitution, and the Bill of Rights. The taxation and the commerce clauses have come in for their full share of consideration. In recent years extensive studies have been made of the due process …


Constitutional Law - Federal Election Laws - Primary Elections, Brooks F. Crabtree Jan 1942

Constitutional Law - Federal Election Laws - Primary Elections, Brooks F. Crabtree

Michigan Law Review

Several members of the New Orleans Board of Commissioners of Elections were indicted on charges of having fraudulently altered and counted numerous votes in a Louisiana primary election to nominate a candidate of the Democratic Party for representative in the United States Congress. The indictments were brought under sections 19 and 20 of the Criminal Code of the United States which make it a criminal offense to injure or deprive a citizen of any right or privilege secured to him under the Constitution. The defendants were alleged to have conspired together to deprive citizens in Louisiana of the right to …


Tendencies In American Constitutional Law, Hugh Evander Willis Jan 1942

Tendencies In American Constitutional Law, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.


Administrative Hearings Under The Federal Constitution, George E. Hale Jan 1942

Administrative Hearings Under The Federal Constitution, George E. Hale

Kentucky Law Journal

No abstract provided.


The Doctrine Of Judicial Review And Its Relation To A Declared Purpose Or Policy Of A Statute, Theodore S. Cox Apr 1941

The Doctrine Of Judicial Review And Its Relation To A Declared Purpose Or Policy Of A Statute, Theodore S. Cox

Faculty Publications

No abstract provided.


Constitutional Law-"Navigable Waters Of The United States" Held To Include Streams Capable Of Being Made Navigable By Improvements [United States V. Appalachian Electric Power Co., U. S. Sup. Ct. 1940] Mar 1941

Constitutional Law-"Navigable Waters Of The United States" Held To Include Streams Capable Of Being Made Navigable By Improvements [United States V. Appalachian Electric Power Co., U. S. Sup. Ct. 1940]

Washington and Lee Law Review

No abstract provided.


Constitutional Law-Power Of Federal Government To Prohibit Child Labor In Industry [United States V. F. W. Darby Lumber Co., U. S. Sup. Ct. 1941] Mar 1941

Constitutional Law-Power Of Federal Government To Prohibit Child Labor In Industry [United States V. F. W. Darby Lumber Co., U. S. Sup. Ct. 1941]

Washington and Lee Law Review

No abstract provided.


Council And Court: The Handbill Ordinances, 1889-1939, James K. Lindsay Feb 1941

Council And Court: The Handbill Ordinances, 1889-1939, James K. Lindsay

Michigan Law Review

The extent to which a municipality may regulate or prohibit the distribution of handbills and circulars on its streets and from house to house has been thoroughly considered by the courts in the last two years. These recent cases reveal one phase of a battle historically rich and presently important to the American people. It is the thrust of a principle-the right of free speech and press-against the encroachments of municipal governing bodies concerned with the practical problem of keeping their streets clean. The municipal official sees the problem thus: "One of the small but aggravating nuisances which most cities …


Right Of Trial By Jury In Civil Actions, Ashton File Dec 1940

Right Of Trial By Jury In Civil Actions, Ashton File

West Virginia Law Review

No abstract provided.


Constitutional Interpretation And Judicial Self-Restraint, Vincent M. Barnett Jr. Dec 1940

Constitutional Interpretation And Judicial Self-Restraint, Vincent M. Barnett Jr.

Michigan Law Review

The newly reconstituted Supreme Court of the United States has become the center of an earnest controversy with respect to the true role of the Court in constitutional interpretation. The general controversy is, of course, far from new. What makes it of more than ordinary significance is that the Court itself is revealing a tendency substantially to alter the extent, if not the nature, of judicial review. This tendency has not yet become clearly dominant, but it is apparent enough to shake the implicit faith in the Court of many of those to whom, before 1937, any criticism of the …


Are The Gasoline, Cigarette, And Sales Taxes Unconstitutional?, John B. Sholley Nov 1940

Are The Gasoline, Cigarette, And Sales Taxes Unconstitutional?, John B. Sholley

Washington Law Review

It is indeed rather surprising to discover that there is a strong possibility that all three of these taxes are unconstitutional in their present statutory forms. But this appears to be the effect of a recent decision of the state supreme court. The case referred to, State v. Inland Empire Refineries, involved the validity of a 1939 statute imposing an excise tax of one-fourth cent per gallon upon the distribution of petroleum products other than motor fuel, lubricants, and medicants. The statute was held unconstitutional in its entirety upon three independent grounds. First, the discrimination against vendors and users of …


Constitutional Law-Appeals From Administrative Tribunals Aug 1940

Constitutional Law-Appeals From Administrative Tribunals

Indiana Law Journal

Recent Case Notes


Constitutional Law-Conditional Legislation-Delegation To Judiciary Magistrates Court Act Jun 1940

Constitutional Law-Conditional Legislation-Delegation To Judiciary Magistrates Court Act

Indiana Law Journal

Recent Case Notes