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Articles 15331 - 15360 of 15618
Full-Text Articles in Entire DC Network
Writ Of Habeas Corpus Where Person Is Confined In Asylum Without Verdict By A Jury, Richard C. Stoll
Writ Of Habeas Corpus Where Person Is Confined In Asylum Without Verdict By A Jury, Richard C. Stoll
Kentucky Law Journal
No abstract provided.
Constitutional Limitations On Legislative Procedure In West Virginia, Frank Edward Horack Jr.
Constitutional Limitations On Legislative Procedure In West Virginia, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
The Power Of A State To Control The Export Of Hydro-Electric Energy, James W. Simonton
The Power Of A State To Control The Export Of Hydro-Electric Energy, James W. Simonton
West Virginia Law Review
No abstract provided.
Constitutional Law - Due Process And Equal Protection - Right Of Counsel
Constitutional Law - Due Process And Equal Protection - Right Of Counsel
Michigan Law Review
The Scottsboro cases decided by the Supreme Court at the present term raise several interesting constitutional questions. The judgments were assailed on the ground that they were violative of the due process and equal protection clauses of the Fourteenth Amendment in three respects: (1) that the negroes were tried by juries from which members of their race were systematically excluded; (2) that they were not accorded a fair, impartial and deliberate trial; (3) that due process was denied because the right of counsel, with the usual incidents of consultation and adequate preparation for trial, was lacking. While the Supreme Court …
What Is A "Contract" Under The Contracts Clause Of The Federal Constitution?, Paul G. Kauper
What Is A "Contract" Under The Contracts Clause Of The Federal Constitution?, Paul G. Kauper
Michigan Law Review
The case of Coombes v. Getz, recently decided by the United States Supreme Court, raises in a crucial way the question of what is a contract within the meaning of Article I, section 10 of the Constitution, forbidding States to pass laws impairing the obligations of contracts. A provision of the California Constitution in force at the time the plaintiffs brought this action in the state court below made directors of corporations jointly and severally liable to the creditors and stockholders for all moneys embezzled or misappropriated by the officers of the corporation during the term of office of …
Constitutional Law-Stare Decisis
Constitutional Law-Stare Decisis
Michigan Law Review
The defendant corporation, a lessee of school lands from the state of Oklahoma, protested the right of the Commissioner of Internal Revenue to tax its net income. Held, under the rule of Gillespie v. Oklahoma, the income cannot be taxed without interfering with a state instrumentality. Four dissenting justices-Stone, Brandeis, Roberts, and Cardozo--admitted the applicability but denied the wisdom of the Gillespie case and the inability of the court to overrule itself, in Burnet v. Coronado Oil and Gas Co.
The West Virginia Municipal Home Rule Proposal, Jeff B. Fordham
The West Virginia Municipal Home Rule Proposal, Jeff B. Fordham
West Virginia Law Review
In the first instalment of this paper, which appeared in the last issue of the Quarterly, it was sought to present an outline picture of the legal position of municipalities in West Virginia's governmental system upon a background of appropriate historical materials. The immediate purpose is to consider the home rule proposal which has appeared on the scene so depicted.
Constitutional Law-Criminal Procedure-Comment By Judge On Evidence
Constitutional Law-Criminal Procedure-Comment By Judge On Evidence
Michigan Law Review
In the recent case of People v. Kelly, the Illinois supreme court decided (two justices dissenting) that the common law right of a judge, in charging the jury, to comment on the evidence and advise as to the facts was not an essential attribute of trial by jury as it, existed at common law, and held that a statute limiting the charge strictly to matters of law was not an infringement of the right of trial by jury guaranteed by successive Illinois constitutions. The court also decided, in upholding the legislative enactment, that this restriction of the functions of …
The Judicial Process Of Treaty Interpretation In The United States Supreme Court, John Selden Tennant
The Judicial Process Of Treaty Interpretation In The United States Supreme Court, John Selden Tennant
Michigan Law Review
When the Federal Union was substituted for the loose confederation which had preceded it, one of the most impelling reasons for the change was the need for a united international front, which could only be achieved by further concentration in a central government of the power to deal with foreign nations. A necessary part of this general plan was the treaty-making power, taken from the states by Article I, Section 10 of the Constitution, and lodged in the President and the Senate by Article II, Section II.
The Doctrine Of The Amendability Of The United States Constitution, Hugh Evander Willis
The Doctrine Of The Amendability Of The United States Constitution, Hugh Evander Willis
Indiana Law Journal
No abstract provided.
The Constitutionality Of The American Legion Plan To Perpetuate Peace, Paul V. Mcnutt, Ralph T. O'Neil, C. B. Robbins
The Constitutionality Of The American Legion Plan To Perpetuate Peace, Paul V. Mcnutt, Ralph T. O'Neil, C. B. Robbins
Indiana Law Journal
The popularly named "Universal Draft" bill espoused by the American Legion was the occasion of extended hearings before the War Policies Commission in March, 1931. During those hearings many questions were raised concerning the powers of the Congress and of the President. The material of this article was incorporated in a memorandum prepared and filed in response to those questions by Mr. McNutt, Mr. O'Neil and Colonel Robbins, acting on behalf of the American Legion. Mr. McNutt and Mr. O'Neil are Past National Commanders of the Legion and are members of the Indiana and Nebraska bars, respectively. Colonel Robbins is …
Constitutional Law-Extending Term Of Prosecuting Attorney
Constitutional Law-Extending Term Of Prosecuting Attorney
Indiana Law Journal
No abstract provided.
Equity- Constitutional Law - Power Of Legislature To Change Equitable Doctrines
Equity- Constitutional Law - Power Of Legislature To Change Equitable Doctrines
Michigan Law Review
A Nebraska statute provided that in case of insolvency of a state bank the general depositors, subject to prior liens for taxes, have a first lien on all assets of the bank. A bank converted a note deposited for a special purpose, and indistinguishably mingled the proceeds with the general assets of the bank before insolvency. The deposit was held to have created a trust and the cestui was allowed to recover the amount of the note (trust fund) as a preferred claim upon the general assets of the bank. To the argument that this statute prohibited the imposition of …
Intoxicating Liquors-Constitutional Law-Criminal Law-Double Jeopardy
Intoxicating Liquors-Constitutional Law-Criminal Law-Double Jeopardy
Indiana Law Journal
No abstract provided.
Foreign Diplomats And The Prohibition Laws, Lawrence Preuss
Foreign Diplomats And The Prohibition Laws, Lawrence Preuss
Michigan Law Review
Notwithstanding the general and inclusive nature of the Eighteenth Amendment and of the enforcement legislation enacted under its terms, the executive departments of the national government have acted on the assumption that foreign diplomats are exempted from the operation of the prohibition laws, and have issued regulations by which the importation of liquor by members of this class is permitted. According to statements of the responsible officers concerned, this privilege is based upon "international comity and usage," and upon "the established principles of international Jaw and the statutes of the United States, including the provisions of sections 4063-4065 of the …
The Amendments Proposed By The West Virginia Constitutional Commission, Kemble White
The Amendments Proposed By The West Virginia Constitutional Commission, Kemble White
West Virginia Law Review
No abstract provided.
The Appointing And Removal Powers Of The President Under The Constitution Of The United States, Guy Despard Goff
The Appointing And Removal Powers Of The President Under The Constitution Of The United States, Guy Despard Goff
James Goold Cutler Lecture
No abstract provided.
"Questions Of Law" In Lake Cargo Coal Rate Regulation, David F. Cavers
"Questions Of Law" In Lake Cargo Coal Rate Regulation, David F. Cavers
West Virginia Law Review
No abstract provided.
Constitutional Law-Police Power-Prohibition Of Manufacture Of Mattresses Of Shoddy
Constitutional Law-Police Power-Prohibition Of Manufacture Of Mattresses Of Shoddy
Indiana Law Journal
No abstract provided.
Courts-Power To Direct Verdicts Where Forbidden By State Constitution
Courts-Power To Direct Verdicts Where Forbidden By State Constitution
Michigan Law Review
ln a suit for personal injuries the district court of the United States for the district of Arizona directed a verdict for the defendant on the ground that the plaintiff was guilty of contributory negligence. The constitution of Arizona, sec. 5, art. 18 provides: "The defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury." Held, that this section is not binding on a federal court sitting in Arizona, and does not prevent such court from directing a verdict when …
Taxation-Excise Measured By Income From Copyrights
Taxation-Excise Measured By Income From Copyrights
Michigan Law Review
Plaintiff, a New York corporation, brought a bill to enjoin the Attorney-General of New York and others from collecting under a New York statute a tax levied "for the privilege of exercising its franchise in this state in a corporate or organized capacity," and measured by "income from any source," which had been interpreted to include income derived from copyrights, on the ground that the statute, as applied, infringed the federal Constitution. Held, three judges dissenting, that the tax was an excise tax levied for the privilege of doing business in a corporate capacity and that a constitutionally permissible …
Constitutional Law-Banks And Banking
Constitutional Law-Due Process-Police Power-Junk Yards
Constitutional Law-Due Process-Police Power-Junk Yards
Michigan Law Review
The City of Ashland, Kentucky, acting under a specific power to license and regulate junk yards granted to it by the legislature under section 3058-2 Ky. Stat. (Carroll, 1922) passed an ordinance requiring applicants for licenses to operate junk yards within the city of Ashland. "to make and execute with the Clerk of the City of Ashland, Kentucky, a permit signed by the applicant providing that the Police Department * * * may inspect and search the said shop or place of business." The appellant complied with all other requirements, but refused to execute the permit: Because the clerk would …
Constitutional Law-Due Process-Reasonableness Of Police Regulation
Constitutional Law-Due Process-Reasonableness Of Police Regulation
Michigan Law Review
The New York Agriculture and Markets Law, (Cons. Law, c. 69), sec. 252, 253, required an annual license of all persons or corporations gathering milk from producers for manufacture or resale. This was to be issued only upon execution of a bond for at least $2,000, conditioned upon the compliance with this law and the prompt payment to producers for milk or cream bought by the gatherer. The commission, however, could by formal order relieve the gatherer from having to file this bond if satisfied as to the gather's solvency and probable ability to pay for milk purchased. In case …
The Declaratory Judgment In The United States, Edwin M. Borchard
The Declaratory Judgment In The United States, Edwin M. Borchard
West Virginia Law Review
No abstract provided.
Constitutional Law--Power To Tax Chain Stores, John Hampton Hoge
Constitutional Law--Power To Tax Chain Stores, John Hampton Hoge
West Virginia Law Review
No abstract provided.
Taxation--State Tax On Gasoline Consumed In State As Burden On Interstate Commerce, Marrs Wiseman
Taxation--State Tax On Gasoline Consumed In State As Burden On Interstate Commerce, Marrs Wiseman
West Virginia Law Review
No abstract provided.
Extra-Constitutional Government, Edwin F. Albertsworth
Extra-Constitutional Government, Edwin F. Albertsworth
Kentucky Law Journal
No abstract provided.
Legal Concepts In Cases Of Eminent Domain, Joseph M. Cormack
Legal Concepts In Cases Of Eminent Domain, Joseph M. Cormack
Faculty Publications
No abstract provided.
Constitutional Law-Due Process-Statutory Interpretation As Judicial Legislation
Constitutional Law-Due Process-Statutory Interpretation As Judicial Legislation
Michigan Law Review
Plaintiff brought suit in Missouri to enjoin collection of taxes alleged to be discriminatory, basing his claim for equitable relief on the absence of any other remedy. The supreme court of Missouri dismissed the bill, without hearing on the substantive question, on the ground that there existed, under a state statute, an adequate remedy in appeal to the state tax commission. Previously the court had denied, in several cases, that the statute gave such a right, and had allowed equitable relief in one case on that ground. When the decision in the principal case was rendered, it was too late …