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Articles 15211 - 15240 of 15618
Full-Text Articles in Entire DC Network
Constitutional Law-Privileges And Immunities-Colgate V. Harvey
Constitutional Law-Privileges And Immunities-Colgate V. Harvey
Indiana Law Journal
Recent Case Notes
The Supreme Court And Disputes Between States, Charles Warren
The Supreme Court And Disputes Between States, Charles Warren
James Goold Cutler Lecture
No abstract provided.
The Constitution And A "Planned Economy", Henry Rottschaefer
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 …
Constitutional Law - Psychopathic Proceeding - Due Process And Jury Trial, Michigan Law Review
Constitutional Law - Psychopathic Proceeding - Due Process And Jury Trial, Michigan Law Review
Michigan Law Review
Proceedings were brought against appellant under a Minnesota statute providing for commitment of psychopathic persons who showed habitual sexual misconduct. Appellant appealed to the state supreme court for a writ of prohibition, claiming denial of due process. Appellant's contentions were overruled and he appealed to the United States Supreme Court. Held, the statute did not deny due process. Minnesota ex rel. Pearson v. Probate Court, (U.S. 1940) 60 S. Ct. 523.
Constitutional Law-Taxation Of Interstate Sales
Taxation - Constitutional Law - Power Of Congress To Exempt Federal Instrumentalities From Taxation, Michigan Law Review
Taxation - Constitutional Law - Power Of Congress To Exempt Federal Instrumentalities From Taxation, Michigan Law Review
Michigan Law Review
The Home Owners' Loan Corporation instituted a mandamus proceeding against the clerk of the superior court of the city of Baltimore to compel the recording of a mortgage upon payment of the ordinary recording charge and without affixing stamps in compliance with the state recording tax. The lending process of the HOLC is expressly declared by Congress to be exempt from taxation. Held, the tax is invalid in so far as it purports to cover the lending process. All justices concurred. Pittman v. Home Owners' Loan Corp., 308 U. S. 21, 60 S. Ct. 15 (1939).
Constitution Making By The Supreme Court, Hugh Evander Willis
Constitution Making By The Supreme Court, Hugh Evander Willis
Indiana Law Journal
No abstract provided.
Process Service On Resident Agent Of Non-Resident: Is Sec. 51-6 Of The Kentucky Civil Code Constitutional?, J. Paul Curry
Process Service On Resident Agent Of Non-Resident: Is Sec. 51-6 Of The Kentucky Civil Code Constitutional?, J. Paul Curry
Kentucky Law Journal
No abstract provided.
Non-Natural Persons And The Guarantee Of "Liberty" Under The Due Process Clause, D. J. Farage
Non-Natural Persons And The Guarantee Of "Liberty" Under The Due Process Clause, D. J. Farage
Kentucky Law Journal
No abstract provided.
Evidence - Constitutional Law - Use Of Statutory Presumptions In Criminal Cases, Edward M. Watson
Evidence - Constitutional Law - Use Of Statutory Presumptions In Criminal Cases, Edward M. Watson
Michigan Law Review
The recent efforts on the part of state legislatures to increase the effectiveness of their criminal codes has resulted in extending the use of the statutory presumption to new fields of criminal law. The reaction which necessarily follows such an innovation upon traditional practice has appeared in the form of renewed attacks upon the constitutionality of the device, accompanied by the usual expressions of alarm concerning the "threat to liberty" that lurks in the use of this "mechanistic" instrument of "arbitrary oppression."
Constitutional Law--License Taxes--Classification, Marvin M. Tincher
Constitutional Law--License Taxes--Classification, Marvin M. Tincher
Kentucky Law Journal
No abstract provided.
Gibbons V. Ogden Then And Now, Hugh Evander Willis
Gibbons V. Ogden Then And Now, Hugh Evander Willis
Kentucky Law Journal
No abstract provided.
Validity Of Compulsory Flag Salutes In Public Schools, Elmer M. Million
Validity Of Compulsory Flag Salutes In Public Schools, Elmer M. Million
Kentucky Law Journal
No abstract provided.
Prospective Overruling Of Constitutional Construction, Alan R. Vogeler
Prospective Overruling Of Constitutional Construction, Alan R. Vogeler
Kentucky Law Journal
No abstract provided.
Freedom Of The Press, C. A. Peairs Jr.
Constitutional Law -- Validity Of Statutes Restricting Picketing And Related Activities, John P. Frank
Constitutional Law -- Validity Of Statutes Restricting Picketing And Related Activities, John P. Frank
Articles by Maurer Faculty
No abstract provided.
Constitutional Law - Commerce Clause -- Agricultural Adjustment Act Of 1938, Hugh Evander Willis
Constitutional Law - Commerce Clause -- Agricultural Adjustment Act Of 1938, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Gibbons V. Ogden, Then And Now, Hugh Evander Willis
Gibbons V. Ogden, Then And Now, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
The Achilles Heel Of Constitutional Government In America: The Use And Abuse Of The Public Money Power, O. R. Mcguire
The Achilles Heel Of Constitutional Government In America: The Use And Abuse Of The Public Money Power, O. R. Mcguire
West Virginia Law Review
No abstract provided.
Retroactive Application Of Law-A Problem In Constitutional Law, Edward S. Stimson
Retroactive Application Of Law-A Problem In Constitutional Law, Edward S. Stimson
Michigan Law Review
May an overruling decision be applied to ascertain the legal effect of prior conduct? In cases arising under the diversity of citizenship jurisdiction, the United States Supreme Court has held that the federal courts should apply earlier state court decisions, and not a decision overruling them, whenever the retroactive application of the new rule would adversely affect a party who had changed his position in reliance on the decisions overruled. In the absence of such reliance and change of position it has sustained the retroactive application of a new rule. If the basis of the first principle is elemental fairness …
Constitutional Law - Fourteenth Amendment - Privileges And Immunities Clause - Civil Liberties - The Hague Case, John N. Seaman
Constitutional Law - Fourteenth Amendment - Privileges And Immunities Clause - Civil Liberties - The Hague Case, John N. Seaman
Michigan Law Review
The decisions of the United States Supreme Court in recent years, interpreting the first section of the Fourteenth Amendment, have manifested two striking changes in trend. The first is towards less judicial restraint on governmental regulation of business; that is, towards tolerance of diminished "business liberty." The other is towards greater judicial restraint on governmental interference with individual liberty, commonly called civil liberty. A recent case/ which upheld freedom of speech and assembly and invalidated a city ordinance requiring the obtaining of a permit as prerequisite to a public meeting, not only illustrates the latter of these trends, but is …
Judicial Notice Of The Law Of Sister States Under The Full Faith And Credit Clause Of The Federal Constitution, Donald G. Simpson
Judicial Notice Of The Law Of Sister States Under The Full Faith And Credit Clause Of The Federal Constitution, Donald G. Simpson
Washington Law Review
A year ago in the case of State v. Johnson the court approved the admission in evidence of certified photostatic copies of fingerprint records from penitentiaries of Oregon and California to prove the identity of the defendant as a prior inmate of those institutions. The court relied on a federal statute which, under authority of Article IV, § 1, of the Federal Constitution, sets forth the procedure for certification of records that was followed in that case. It therefore became necessary for the court to investigate the laws or usages of the Oregon and California courts to determine whether or …
Constitutional Law - Mortgages - Moratoria On The Way Out?, Elbridge D. Phelps
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 …
Constitutional Law - Intoxicating Liquors - Power Of A State To Regulate And Tax The Sale And Import Of Liquor In A National Park, Stanton J. Schuman
Constitutional Law - Intoxicating Liquors - Power Of A State To Regulate And Tax The Sale And Import Of Liquor In A National Park, Stanton J. Schuman
Michigan Law Review
California ceded to the United States the territory within the state borders known as Yosemite Park, reserving to the state the right to "tax persons and corporations, their franchises and property on the lands included in said parks." California then laid excise and license taxes on the sale and importation of intoxicating liquors. The tax act contained some regulatory measures and the license was granted only after certain regulations were satisfied. T was an operator of stores and tourists' camps in the park who protested payment of these taxes. Held, the tax provisions were enforceable; but the regulatory provisions …
Constitutional Law - Validity Of Sex Offender Acts, William K. Jackson
Constitutional Law - Validity Of Sex Offender Acts, William K. Jackson
Michigan Law Review
The sex offender has become an acute problem. Sociologists, psychiatrists, and lawyers sensing the imperative need for action have devoted much time and thought to the questions involved. Experience has shown that the sex offender is generally a recidivist; he has to be arrested and committed repeatedly for the same type of crimes. The point is graphically illustrated by the case of a man, fifty-nine years of age, arrested recently in Detroit for a sex offense involving a youth. An examination of his record showed that he had been arrested in 1899, when twenty-one years of age, on charges involving …
Constitutional Law-Double Jeopardy-Acquittal In Prior Criminal Prosecution As Bar To Action For Penalties Based In Fraud, Allan A. Rubin
Constitutional Law-Double Jeopardy-Acquittal In Prior Criminal Prosecution As Bar To Action For Penalties Based In Fraud, Allan A. Rubin
Michigan Law Review
Defendant had been acquitted of a criminal charge of wilfully attempting to evade or defeat an income tax under section 146(b) of the Federal Revenue Act of 1928. Subsequently this action was initiated for the collection of an additional fifty per cent of the total amount of the deficiency under section 293 (b) of the same act, which provides that if any deficiency is due to fraud with intent to evade the tax, fifty per centum of such deficiency in addition to the amount of the deficiency shall be collected. Plaintiff brought certiorari from an order of modification eliminating the …
Some Constitutional Aspects Of The Kentucky Municipal Housing Commission Act, Phillip Schiff
Some Constitutional Aspects Of The Kentucky Municipal Housing Commission Act, Phillip Schiff
Kentucky Law Journal
No abstract provided.
Constitutional Law--Exercise Of The Governor's Veto--Necessity Of An Accompanying Message--Arnett V. Meredith, John L. Young
Constitutional Law--Exercise Of The Governor's Veto--Necessity Of An Accompanying Message--Arnett V. Meredith, John L. Young
Kentucky Law Journal
No abstract provided.
Constitutional Limitations On County Indebtedness In Kentucky, George Peak
Constitutional Limitations On County Indebtedness In Kentucky, George Peak
Kentucky Law Journal
No abstract provided.
"Extra Time For Overtime" Now Law, Frank E. Cooper
"Extra Time For Overtime" Now Law, Frank E. Cooper
Michigan Law Review
The Fair Labor Standards Act of 1938 presents a great many legal and practical problems of importance commensurate with the comprehensiveness of the act itself, which is probably the most far-reaching of the New Deal statutes since the N. R. A. The act is conceived on the theory that any physical handling of goods destined to be subsequently shipped to another state is an act so closely and substantially related to the flow of interstate commerce as to be subject to Congressional regulation, and thus depends for its validity upon an extension of the theories approved in the Wagner Act …