Digital Commons Network^™

Federal Practice- Declaratory Judgments

Michigan Law Review

Alabama, for the purpose of invoking original jurisdiction, applied to the Supreme Court of the United States for leave to file a complaint in equity against nineteen States to have statutes regulating and prohibiting the sale of goods manufactured by convict labor declared void because in violation of the commerce clause of the federal Constitution. Later, Alabama was allowed to submit an amendment eliminating fourteen States. Held, leave to file bill as amended denied. State of Alabama v. State of Arizona, et al., (U. S. 1934) 1 U. S. LAW WEEK (Feb. 6, 1934), index p. 468.

Taxation--Constitutional Law--Due Process Of Law As Prescribing Maximum Limits For Direct Property Taxes, Charles W. Caldwell

West Virginia Law Review

No abstract provided.

Constitutional Law - Due Process - Fishing Rights In The Public Waters Of Michigan

Michigan Law Review

The Ne-Bo-Shone Association, Inc., is an Ohio corporation which owns property on both banks of the Pine River for some distance. Following the decision of the Michigan Supreme Court in Collins V. Gerhardt that the stream is navigable and public, the complainant association was ordered to remove obstructions in the stream which hampered the free use of the stream by the public for fishing purposes. Thereupon complainant sought an in junction against certain public officials from taking action to remove these obstructions, claiming that it has the right to exclude the public from this portion of the Pine River, and …

The Minnesota Mortgage Moratorium Case, Joseph V. Heffernan

Indiana Law Journal

No abstract provided.

The Constitutionality Of An Immediate Liquor Control Program For West Virginia, Forrest Revere Black

West Virginia Law Review

No abstract provided.

Constitutional Law-Court Of Claims-Legislative Courts-Reducing Judge's Salary

Indiana Law Journal

No abstract provided.

Is An Immediate Liquor Program For Kentucky Within The Scope Of Constitutional Possibilities?, Forrest Revere Black

Kentucky Law Journal

No abstract provided.

The Changing Relationship Of The Judicial And Executive Branches, F. R. Aumann

Kentucky Law Journal

No abstract provided.

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

Kentucky Law Journal

No abstract provided.

The States Did Not Fail In Liquor Control, Andrew J. Russell

Kentucky Law Journal

No abstract provided.

Process In Actions Against Non-Resident Motorists, Maurice S. Culp

Michigan Law Review

Personal service on the defendant within the jurisdiction of a State is the conventional form of process in personal actions. But considerations of convenience and public need have resulted in recognizing an additional form of process in personal actions against nonresident motorists. Statutes in 35 States authorize the commencement of suit against the non-resident motorist by substituted service on a public official of the State where the cause of action arises; the official is made for this purpose the agent or attorney of the non-resident motorist.

It is proposed herein to discuss (1) the constitutional basis of such legislation, and …

Constitutional Law - Federal Control Over Crime - Scope Of Power To Regulate Crime Under The Commerce Clause

Michigan Law Review

The increase of criminal activities interstate in scope, and the growing dissatisfaction with state enforcement of local laws, have focused attention of late upon the power of Congress to regulate crime under the commerce clause of the Constitution. Outstanding among proposals for congressional legislation are the following: making interstate felonies federal offenses; punishing criminals who flee across state lines after committing a crime; and restricting the sale and transportation of firearms. Most, if not all, of this suggested legislation must rest on the commerce clause for its validity. We purpose here to discuss the nature and scope of this power, …

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

Articles by Maurer Faculty

No abstract provided.

Government By Judiciary, Jeff B. Fordham

West Virginia Law Review

No abstract provided.

Constitutional Law - Bank Reorganization Legislation - Composition With Depositors And Other Creditors, Maurice S. Culp

Michigan Law Review

Twenty States and the federal government now have laws permitting the reorganization and reopening of insolvent or failing banks. The usual statute provides for the reorganization of a bank upon some plan approved by a large majority of the general creditors of the institution; the plan must also have the approval of state banking officials and of a court of general jurisdiction, although the last is by no means a universal requirement. The reorganization, when approved, becomes binding upon all depositors and general creditors of the bank regardless of consent. By the terms of a few statutes, non-assenting creditors are …

Constitutional Law--- Status Of Courts Of District Of Columbia

Michigan Law Review

Plaintiffs, justices of District of Columbia courts, protested the application by the Comptroller-General of an Act of Congress reducing their salaries, alleging that they felt it their duty to have the status of these courts defined. The majority of the Court, answering questions certified by the Court of Claims; held that section l of Article III of the federal constitution applied to the Supreme Court of the District of Columbia and to the Court of Appeals of the District of Columbia, and forbade a reduction of the compensation of the justices thereof during their continuance in office, on the theory …

Constitutional Limitations On Legislative Procedure In West Virginia, Frank E. Horack Jr.

West Virginia Law Review

No abstract provided.

Constitutional Law--Amending Constitutions--Construction, Trixy M. Peters

West Virginia Law Review

No abstract provided.

Constitutional Law -Administrative Duties Of The Judiciary- Due Process

Indiana Law Journal

No abstract provided.

The Constitution And Current Economic Problems, Patrick J. Hurley

James Goold Cutler Lecture

No abstract provided.

Constitutional Law-Force And Effect Of Clauses Providing For Payment Of Private Indebtedness In Gold

Michigan Law Review

A recent English case decided in the Court of Appeal, In re Société lntercommunale Belge D'Eléctricité, Feist v. The Company, suggests questions of interesting application to American constitutional law. In that case a debtor's obligation specified payment "in sterling in gold coin of the United Kingdom of or equal to the standard of weight and fineness existing on September 1, 1928." When payment became due, however, gold was no longer available - England had discontinued gold payments and left the gold monetary standard, gold was subject to being commandeered by the government, and gold coins were redeemable at …

Constitutional Law--Due Process--Martial Law

Michigan Law Review

The Texas Railroad Commission ordered a limitation of oil production in the East Texas field. Governor Sterling of that State issued a proclamation declaring martial law in the district and setting forth the existence of "a state of insurrection, tumult, riot and breach of the peace," and sent in troops to enforce the orders of the commission. A temporary injunction was issued restraining the commission's action but the governor continued, through the troops, to limit oil production. Such action was sought to be enjoined in the federal courts. The lower court granted the injunction. The decree was affirmed on the …

Change In Venue In Criminal Case--Constitutional Law

Indiana Law Journal

No abstract provided.

Jurisdiction Over A Foreign Corporation-Constitutional Limitations On Exercise Of Jurisdiction

Indiana Law Journal

No abstract provided.

The Borrowing Power Under The "Casual Deficit" Proviso Of The Indiana Constitution, Frank G. Bates

Indiana Law Journal

No abstract provided.

Constitutional Law-Bankers' Embezzlement-Definition Of Insolvency

Indiana Law Journal

No abstract provided.

Teachers' Tenure Law-Constitutionality-Power To Dismiss Permanent Teachers

Indiana Law Journal

No abstract provided.

Appeal And Error-Raising Constitutionality Of A Statute In Criminal Cases

Indiana Law Journal

No abstract provided.

The Contribution Of Thomas M. Cooley To Bryce's "American Commonwealth", Everett S. Brown

Michigan Law Review

In the preface to The American Commonwealth, James Bryce acknowledged his indebtedness to numerous friends who, in one way or other, aided him in the writing of his book. First on this list is the name of Thomas M. Cooley. An examination of the text and footnotes of The American Commonwealth shows that Bryce was well acquainted with Cooley's published works, especially his Constitutional Limitations and his General Principles of Constitutional Law, which he quoted frequently with approval and respect. Also one finds six references to letters from Judge Cooley or to observations made directly by him to Bryce. But …

Regions Versus States, Amry Vandenbosch

Kentucky Law Journal

No abstract provided.