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Articles 15391 - 15420 of 15618
Full-Text Articles in Entire DC Network
Injunction Against Search By Police Officers
Injunction Against Search By Police Officers
Michigan Law Review
A nice equipoise of public and private interest is disclosed in the case of Des Moines Drug Co. v. Doe, in which the Iowa Supreme Court recently had occasion to consider questions raised by a bill in equity to enjoin a search by police officers endeavouring to enforce the liquor laws.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Waiver Of Trial By Jury In Criminal Cases, S. Chesterfield Oppenheim
Waiver Of Trial By Jury In Criminal Cases, S. Chesterfield Oppenheim
Michigan Law Review
Waiver of jury trial in criminal cases generally is a highly practical issue at the present time both from the standpoint of the public and of the accused. The belief is common that the element of delay is one of the primary causes of the general disrespect attaching to the courts of criminal juridiction. It is said that an overzealousness in shielding the citizen against oppression and injustice has resulted in shifting to the background expedients designed to simplify and give momentum to the disposition of criminal cases.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Judicial Interpretation Of The Eleventh Amendment, Charles S. Hyneman
Judicial Interpretation Of The Eleventh Amendment, Charles S. Hyneman
Indiana Law Journal
No abstract provided.
Presidential Power Of Removal, Hugh Evander Willis
Presidential Power Of Removal, Hugh Evander Willis
Indiana Law Journal
No abstract provided.
Natural Law In American Constitutional Theory, Fowler V. Harper
Natural Law In American Constitutional Theory, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Some Conflicting Decisions Of The United States Supreme Court, Hugh Evander Willis
Some Conflicting Decisions Of The United States Supreme Court, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Freedom Of The Press Under Our Constitution, Kenneth E. Michael
Freedom Of The Press Under Our Constitution, Kenneth E. Michael
West Virginia Law Review
No abstract provided.
Our Bounty Of Constitutional Government, Thomas James Norton
Our Bounty Of Constitutional Government, Thomas James Norton
Indiana Law Journal
No abstract provided.
Public Officer--Removal Of For Incompetency, C. P. W.
Public Officer--Removal Of For Incompetency, C. P. W.
West Virginia Law Review
No abstract provided.
Police Legislation Under Federal Powers
Police Legislation Under Federal Powers
Michigan Law Review
A recent case decided by the United States Supreme Court United States v. Daugherty (Jan. 4, 1926) 46 Su. Ct. 156 (Adv. Opn. 303) sustained a conviction and sentence under the Harrison Anti-Narcotic Act, 38 Stat. 785, for "making unauthorized sales of cocaine to three different persons on different days" The indictment was in three counts, one covering each sale involved. The sentence imposed was "five years on each of said three counts. * * * * Said term of imprisonment to run consecutively and not concurrently."
Admission To The Bar As Provided For In The Indiana Constitutional Convention Of 1850-1851, James J. Robinson
Admission To The Bar As Provided For In The Indiana Constitutional Convention Of 1850-1851, James J. Robinson
Indiana Law Journal
No abstract provided.
Attempts To Nullify The Fourth And Fifth Amendments To The Constitution, John B. Wilson
Attempts To Nullify The Fourth And Fifth Amendments To The Constitution, John B. Wilson
West Virginia Law Review
No abstract provided.
International Law--Treaties--Are The Rum Tretaties Self-Executing?
International Law--Treaties--Are The Rum Tretaties Self-Executing?
Michigan Law Review
On May 22, 1924, the United States concluded a treaty with Great Britain by which the latter power agreed that it would raise no objection to the search and seizure of its ships by American authorities on the high seas, provided there was reason to suspect that such ships were committing or attempting to commit an offense against United States laws, and provided the search and seizure were made within an hour's run of the American coast. In return the United States conceded to British ships the privilege of bringing into its ports liquor in bond in their ship stores. …
Former Jeopardy, L. H. Stephens
Congress And The Supreme Court, Thomas Frank Konop
Congress And The Supreme Court, Thomas Frank Konop
Journal Articles
In 1924, Plank Five of the Platform of the Independent candidate for President proposed a constitutional amendment that would enable Congress to override judicial review by reenacting a statute. Such an amendment would, of course, run in stark contrast to Chief Justice Marshall’s opinion in Marbury v. Madison. This paper explores nature of this proposed amendment and analyzes the implications of overturning the foundation of judicial power in our tripartite system of government. In sum, the author suggests that judicial review serves as an excellent check on Congress and the temporary passions of the public itself.
Due Process Of Law Under The United States Constitution, Hugh Evander Willis
Due Process Of Law Under The United States Constitution, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Justice And Constables--Civil And Criminal Liability For Unlawful Searches And Seizures, R. T. D.
Justice And Constables--Civil And Criminal Liability For Unlawful Searches And Seizures, R. T. D.
West Virginia Law Review
No abstract provided.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Sterilization Of Mental Defectives, Burke Shartel
Sterilization Of Mental Defectives, Burke Shartel
Michigan Law Review
In 1923 the legislature of Michigan passed an act "to authorize the sterilization of mentally defective persons". This act has recently been sustained in its main provisions by the Michigan supreme court in a case brought to test its constitutionality. Probably the United States Supreme Court will also have an opportunity to pass upon the validity of this law, but the Michigan decision, although not final on the question whether the sterilization of defectives is violative of the "due process clause" of the Fourteenth Amendment, is nevertheless very significant. It is the first instance so far as the writer can …
Freedom Of Speech Under Our Constitution, Abraham Pinsky
Freedom Of Speech Under Our Constitution, Abraham Pinsky
West Virginia Law Review
No abstract provided.
The Effect Of Martial Law Upon The Soldier's Liability To The Citizen
The Effect Of Martial Law Upon The Soldier's Liability To The Citizen
Michigan Law Review
The recent case of Bishop v. Vandercook, 228 Mich. 299, raises a group of problems of grave importance, seldom discussed in the courts. Can martial law ever exist under our constitutional form of government, so that a soldier becomes privileged, for the time being, to invade the interests of private citizens in a way which the ordinary police powers would not warrant? When may such extraordinary law and extraordinary privilege exist? Is a soldier ever justified in acting under orders given by his superior under supposed martial law when martial law for some reason is not in force?
Search Of Automobile Without Warrant--When Reasonable
Search Of Automobile Without Warrant--When Reasonable
Michigan Law Review
The enforcement of the National Prohibition Act has been responsible for raising the search and seizure question to a new height of importance. By Section 26 of that act, any officer discovering any person in the transportation of intoxicating liquors is to seize all such liquors being transported contrary to law. Obviously to secure a search warrant is impossible in the very nature of things the automobile, adapted to speed, is gone long before a warrant could be secured. And the employment of the automobile in the transportation of liquor is carried to such an extent that search and seizure …
Prohibition And The Doctrine Of The Weeks Case, Thomas E. Atkinson
Prohibition And The Doctrine Of The Weeks Case, Thomas E. Atkinson
Michigan Law Review
One of the most disputed present day questions is whether evidence obtained in violation of constitutional guarantees against unreasonable searches and seizures should be admissible. The case of Weeks v. United States is perhaps the leading authority upon the proposition that evidence procured by officers through unreasonable search is not admissible. The holding may be justified upon how theories, vis., (1) that the admission of the evidence substantially violates the rule against self-incrimination in the Fifth Amendment, (2) that the exclusion of the evidence is the only practical means of enforcing the guarantee against unreasonable searches and seizures.
The Judicial Review Of Executive Acts, Albert Levitt
The Judicial Review Of Executive Acts, Albert Levitt
Michigan Law Review
The relation of the judiciary to the executive branch of the Government is a perplexing one. According to the Constitution, the government of the United States is threefold in character, legislative, executive and judicial. Each of these is supposed to be independent of the others. One cannot usurp the function of any one of the others. At the same time, this is a "Government of laws and not of men." It is equally true that this is a government of laws and not of political subdivisions or of the subdivisions of governmental mechanisms. Legislators, executives and judiciary must abide by …
Conflict Of Laws Rules As Constitutional Limitations
Conflict Of Laws Rules As Constitutional Limitations
Michigan Law Review
With the constant growth of the United States as a commercial nation, it has been inevitable that state lines should figure in business transactions to an ever diminishing extent. Business relations, keeping pace with the rapid development of modem means of transportation, have increasingly assumed an interstate aspect. With this extension of commercial dealings, the question of the legal rights of the parties so engaged has frequently arisen. Diversity of local rules of law has led to much litigation and disagreement. Differences in local rules might be overcome through the services of competent commercial lawyers, and contracts might then be …
A Monograph On Religious Freedom, Benjamin G. Reeder
A Monograph On Religious Freedom, Benjamin G. Reeder
West Virginia Law Review
No abstract provided.