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Articles 15241 - 15270 of 15618
Full-Text Articles in Entire DC Network
Democracy And Constitutional Government, John J. Parker
Democracy And Constitutional Government, John J. Parker
Indiana Law Journal
Address of Hon. John J. Parker, Judge of the United States Circuit Court of Appeals, Fourth Circuit, at the Annual Meeting of the Indiana State Bar Association, Sept. 16, 1938.
The Crisis Of The American Constitution, William Yandell Elliott
The Crisis Of The American Constitution, William Yandell Elliott
James Goold Cutler Lecture
No abstract provided.
Constitutional Law - Elections - Proportional Representation, Gerald M. Stevens
Constitutional Law - Elections - Proportional Representation, Gerald M. Stevens
Michigan Law Review
In November, 1936, the people of the city of New York voted to adopt a system of proportional representation for the election of members of the city council. Each borough was to elect its representatives at large rather than from single-member districts. Each voter was restricted to voting for one councilman; but he might indicate the order of his preference for as many candidates as he desired. Thus he should have marked his first choice by the numeral "1," his second "2," and similarly as many choices as he wished to express. By a system of vote-transferring his vote would …
Governmental Powers, State And National, Under Our Constitutional System, Orie Leon Phillips
Governmental Powers, State And National, Under Our Constitutional System, Orie Leon Phillips
Michigan Law Review
We are living in a day when democracy is receding and the totalitarian state is advancing on many fronts. Three great nations have accepted as their governmental system authoritarian collectivism. Under the totalitarian systems, the right of the individual to think freely, to engage in free enterprise, to enjoy personal liberty, and to work out his own destiny is taken away. Instead, there is a regimentation of human beings, where everyone's thought, everyone's time, everyone's labor, and at last everyone's life, are at the disposal of a supreme authority. Of course, such a system means the vesting of tremendous powers …
Constitutional Law - Separation Of Powers - Validity Of Statute Requiring Reference Of Disputes To Commissioner Of Labor, Edward D. Ranson
Constitutional Law - Separation Of Powers - Validity Of Statute Requiring Reference Of Disputes To Commissioner Of Labor, Edward D. Ranson
Michigan Law Review
The plaintiff was conducting a private employment agency under a license issued by the commissioner of labor. The defendant, a movie actress, secured an engagement through the plaintiff's influence, pursuant to a contract. A dispute arose as to the amount of compensation due the plaintiff under the terms of the contract. A statute required reference of such disputes to the commissioner of labor, who was to hear and determine the same. Within ten days a dissatisfied party could appeal to the superior court and have a hearing de novo. The plaintiff, failing to comply with the statute, commenced the action …
Federal And State Cooperation Under The Constitution, Louis W. Koenig
Federal And State Cooperation Under The Constitution, Louis W. Koenig
Michigan Law Review
Federalism, as a system of government, is peculiar in that it involves a union of several autonomous political entities for · common purposes which may be achieved through apportioning the sum total of legislative power between a "national" or "central" government, on the one hand, and constituent "states" on the other. In our own federation, a written Constitution has sought to define the functions of both these centers of government, assigning to each certain spheres of influence upon all persons and property within a given territory. At the Constitutional Convention, the committee of detail carefully listed the powers of the …
Freedom Of The Press And Of The Mails, Eberhard P. Deutsch
Freedom Of The Press And Of The Mails, Eberhard P. Deutsch
Michigan Law Review
It should be unnecessary to amend the Federal Constitution to accommodate the facilities of government to the needs of society, as those needs develop with the social and scientific advance of civilization. But the trend of legislative effort to reach beyond constitutional limits to satisfy fleeting economic or political expediencies, without regard for the vital distinction between sound and substance, and of courts to seek justification for such excursions, under the benefit of constitutional doubt due "solemn expressions of legislative will," may lead to highly dangerous situations. As this trend is permitted to reach extremes, the erasure of the well-defined …
Limitation Of Actions--Statute Of Limitations Applied To Quasi-Contractual Rights Arising Upon Anticipatory Breach Of An Existing Contract, A. L. B.
West Virginia Law Review
No abstract provided.
Constitutional Law--Taxation As Income Of Officer's Salary Exempt From Diminution During Term Of Office, Joseph S. Freeland
Constitutional Law--Taxation As Income Of Officer's Salary Exempt From Diminution During Term Of Office, Joseph S. Freeland
Kentucky Law Journal
No abstract provided.
The Constitution And Constitutional Tradition, Charles S. Collier
The Constitution And Constitutional Tradition, Charles S. Collier
Kentucky Law Journal
No abstract provided.
Constitutional Law--Equal Protection Of The Law--Venue Statutes Distinguishing Between Residents And Non-Residents, Dorothy Salmon
Constitutional Law--Equal Protection Of The Law--Venue Statutes Distinguishing Between Residents And Non-Residents, Dorothy Salmon
Kentucky Law Journal
No abstract provided.
Constitutional Law--Amendments--Validity Of Ratification By A State Which Had Previously Rejected, Steve White
Constitutional Law--Amendments--Validity Of Ratification By A State Which Had Previously Rejected, Steve White
Kentucky Law Journal
No abstract provided.
The Part Of The United States Constitution Made By The Supreme Court, Hugh Evander Willis
The Part Of The United States Constitution Made By The Supreme Court, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Constitutional Government, John J. Parker
Constitutional Government, John J. Parker
West Virginia Law Review
No abstract provided.
Constitutional Law--Privileges And Immunities Of Citizens In The Several States--Right Of State To Impost Residence Requirements For Distribution Of Nonintoxicating Beer, H. A. W. Jr.
West Virginia Law Review
No abstract provided.
Labor Law - Constitutionality Of State Anti-Injunction Acts - Existence Of A "Labor Dispute", Theodore R. Vogt
Labor Law - Constitutionality Of State Anti-Injunction Acts - Existence Of A "Labor Dispute", Theodore R. Vogt
Michigan Law Review
Organized labor has long contested the use of the injunction in labor disputes and since the turn of the century has been active in legislative circles to secure statutory relief from the paralyzing effect of the too-freely granted temporary injunction and restraining order. A substantial step forward was the enactment of the Clayton Act by Congress. Similar legislation was adopted by several states, some before and some after the congressional action. However, the expected benefits to labor did not accrue, for the Supreme Court in Duplex Printing Press Co. v. Deering so narrowly construed the statute as to rob it …
Constitutional Law - Unreasonable Search And Seizure - Unauthorized Examination Of Telegrams, Peter S. Boter
Constitutional Law - Unreasonable Search And Seizure - Unauthorized Examination Of Telegrams, Peter S. Boter
Michigan Law Review
A special committee of the United States Senate, appointed to investigate lobbying activities in connection with the so-called "holding company bill" sought to obtain from telegraph companies, under blanket subpoena duces tecum, all telegrams passing through their offices in Washington from February 1, 1935 to September 1, 1935. When the telegraph companies expressed reluctance to comply with the subpoenas, the Senate Committee sought aid from the Federal Communications Commission. The commission by formal resolution detailed a member of its staff to work with an examiner of the Senate Committee in the examination and copying of the telegrams. Among the messages …
Constitutional Law - The Federal-State System Of Unemployment Compensation Under The Social Security Act, Elbert R. Gilliom
Constitutional Law - The Federal-State System Of Unemployment Compensation Under The Social Security Act, Elbert R. Gilliom
Michigan Law Review
One of the last pieces of New Deal social legislation to receive the judicial sanction of the United States Supreme Court before the end of its epoch-making October 1936 term is the tax imposed on employers of eight or more by Title IX of the Social Security Act of 1935. Through the operation of eleven expressly separable "titles," the comprehensive act (1) authorizes future appropriations to the states for old-age assistance, unemployment compensation administration, aid to dependent children, maternal and child welfare, services for crippled children, public health work, and aid to the blind; (2) establishes a system of federal …
Constitutional Law - Interstate Commerce Validity Of State Statute Regulating Automobiles Driven Into The State For Purpose Of Sale, Walter Probst Jr.
Constitutional Law - Interstate Commerce Validity Of State Statute Regulating Automobiles Driven Into The State For Purpose Of Sale, Walter Probst Jr.
Michigan Law Review
A statute of California forbade the transportation of automobiles from without the state for the purpose of sale within or without the state unless there be attached to each vehicle a special permit issued by the State Motor Vehicle Department, for which a fifteen dollar fee was exacted. A suit was brought to restrain state officers from enforcing this statute. Held, the statute imposed an unconstitutional burden upon interstate commerce. Ingels v. Morf, (U.S. 1937) 57 S. Ct. 439, affirming (D. C. Cal. 1936) 14 F. Supp. 922.
Constitutional Law --Twenty-First Amendment And Its Effect On The Commerce Clause And Equal Protection Clause As Applied To Liquor, William Stout Gordon
Constitutional Law --Twenty-First Amendment And Its Effect On The Commerce Clause And Equal Protection Clause As Applied To Liquor, William Stout Gordon
Michigan Law Review
Plaintiffs were granted an injunction in the lower court restraining the enforcement of the California Alcoholic Beverage Control Act on the ground that it violated the commerce clause and the equal protection clause of the Federal Constitution. The act imposed a license fee of $500 for the privilege of importing beer, in addition to the $50 fee to be paid by all wholesalers for the privilege of selling the beer. The Supreme Court reversed the lower court's decision and held that the Twenty-first Amendment withdrew the protection of the commerce clause from liquor and that there was no denial of …
Constitutional Law-Resale Price Maintenance -Fair Trade Acts, Joseph H. Mueller
Constitutional Law-Resale Price Maintenance -Fair Trade Acts, Joseph H. Mueller
Michigan Law Review
Four cases upholding the validity of the California and Illinois Fair Trade Acts were recently sustained by the United States Supreme Court. All four cases involved a similar set of facts. Plaintiffs, the owners or authorized distributors of certain well known trade-marked articles, entered into a series of contracts with wholesalers and retailers fixing the resale prices of their branded products. When defendants, certain retailers who had refused to enter into such agreements, persisted in reselling the articles below the prices stipulated in the contracts with other retailers, plaintiffs sued to enjoin them under the provisions of the state Fair …
Constitution Making In 1935-1936, Hugh Evander Willis
Constitution Making In 1935-1936, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Privilege Of Counsel To Explain Traverser's Failure To Testify - Wilkerson V. State
Privilege Of Counsel To Explain Traverser's Failure To Testify - Wilkerson V. State
Maryland Law Review
No abstract provided.
Constitutional Limitations On Progressive Taxation Of Gross Income, Robert C. Brown
Constitutional Limitations On Progressive Taxation Of Gross Income, Robert C. Brown
Articles by Maurer Faculty
No abstract provided.
The Supreme Court, The Constitution, And The A.A.A., Robert L. Howard
The Supreme Court, The Constitution, And The A.A.A., Robert L. Howard
Kentucky Law Journal
No abstract provided.
Historical Myth And Constitutional Absolutism, Hugh Evander Willis
Historical Myth And Constitutional Absolutism, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Constitutional Law - Bituminous Coal Conservation Act Of 1935 - Congressional Power Under The Commerce Clause To Regulate Labor Conditions In Local Industry And Fix The Price Of Sales In Interstate Commerce
Michigan Law Review
By its sweeping decision invalidating the Bituminous Coal Conservation Act of 1935, the Supreme Court precluded any future use of the commerce clause by Congress as a basis for federal regulation of labor conditions in local industry, whether on the theory that production is interstate commerce or that labor conditions directly affect interstate commerce.
Municipal Corporations-Fencing Ordinances
Municipal Corporations-Fencing Ordinances
Michigan Law Review
Defendant city passed an ordinance which prohibited the erection of fences that exceeded four feet in height, or which were composed wholly or in part of barbed wire. Plaintiff was refused permission to build a woven wire fence, six feet high with barbed wire attached to arms extending inward at the top. Plaintiff thereupon sued to enjoin defendant city from enforcing this ordinance, claiming that it deprived her of property without "due process." Held, by the court, that the right to fence one's land is a right of property that cannot be unreasonably interfered with. The ordinance in question …
Public Policy--Rule Of Swift V. Tyson--Attorney's Fee Provision In Promissory Note
Public Policy--Rule Of Swift V. Tyson--Attorney's Fee Provision In Promissory Note
West Virginia Law Review
No abstract provided.
Constitutional Aspects Of The New Deal, Floyd E. Thompson
Constitutional Aspects Of The New Deal, Floyd E. Thompson
Indiana Law Journal
Address of Hon. Floyd E. Thompson, of the Chicago Bar, formerly Justice of the Supreme Court of Illinois and President of the Illinois State Bar Association, at the Mid-Winter meeting of the Indiana State Bar Association, February 1, 1936.