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Articles 2581 - 2610 of 2634
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Constitutional Law-Conservation Of Waters-Validity Of Statute Limiting Riparian Rights
Constitutional Law-Conservation Of Waters-Validity Of Statute Limiting Riparian Rights
Michigan Law Review
By the common law a riparian owner on a non-navigable stream has a vested right in the continuous natural flow of the stream on or bordering his land. An Oregon statute undertakes to cut down this right; it provides that a riparian owner's vested right to the continuous flow of the stream is limited to such flow as is necessary to preserve to him the beneficial uses to which he is already putting the water. Inasmuch as the right to the full continuous flow as against non-riparian appropriators is really a right to insist upon the availability of the stream …
Constitutional Law--Constitutionality Of The Hit-And-Run Drivers' Act
Constitutional Law--Constitutionality Of The Hit-And-Run Drivers' Act
Indiana Law Journal
No abstract provided.
Constitutional Law-Police Power-Compulsory Military In Land Grant College
Constitutional Law-Police Power-Compulsory Military In Land Grant College
Indiana Law Journal
No abstract provided.
The Gold Clause Decisions, John P. Dawson
The Gold Clause Decisions, John P. Dawson
Michigan Law Review
The gold clause decisions of February 18, 1935, have already taken their place among the great landmarks of American constitutional history. They have given a partial answer to some basic questions of constitutional law. Directly they have disposed of claims amounting to a total of many billions of dollars. But their further implications, both for public and private law, are of even greater magnitude; it may be many years before these wider implications are more fully understood.
The Delegation Of Federal Legislative Power To Executive Officials, Theodore W. Cousens
The Delegation Of Federal Legislative Power To Executive Officials, Theodore W. Cousens
Michigan Law Review
It will be the purpose of this article to attempt (1) a chronological survey of the previous Supreme Court cases relating to alleged delegations of legislative power, and (2) an analysis and discussion of the Panama Refining Co. decision in the light of this background. No discrimination is made between delegations of state and of federal legislative power, as the Supreme Court makes no such discrimination.
Judicial Method And The Constitutionality Of The N.I.R.A., Ralph F. Fuchs
Judicial Method And The Constitutionality Of The N.I.R.A., Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Constitutional Law--Federal Taxation Of State Liquor Monopoly, Robert W. Burk
Constitutional Law--Federal Taxation Of State Liquor Monopoly, Robert W. Burk
West Virginia Law Review
No abstract provided.
Constitutional Law - Home Owners Loan Corporation Act - Penalties Clause
Constitutional Law - Home Owners Loan Corporation Act - Penalties Clause
Michigan Law Review
An indictment under the penalties clause of the Home Owners Loan Corporation Act, brought before the promulgation of authorization of charges for services rendered, was dismissed on the ground that, prior to such authorization, the act was not sufficiently definite to satisfy the Sixth Amendment to the Constitution of the United States. United States v. Willard, (D. C. W.D.Mich.No.4057, September 27, 1934) 2 U.S.LAW WEEK, index p. 99.
Constitutional Law-Mortgage Moratorium
Capitalism, The United States Constitution And The Supreme Court, Hugh Evander Willis
Capitalism, The United States Constitution And The Supreme Court, Hugh Evander Willis
Kentucky Law Journal
No abstract provided.
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
Capitalism, The United States Constitution And The Supreme Court, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Constitutional Law - Due Process - Regulation Of The Business Of The Contract Motor Carrier
Constitutional Law - Due Process - Regulation Of The Business Of The Contract Motor Carrier
Michigan Law Review
Much of the doubt and uncertainty concerning the power of the States to regulate the contract motor carrier has been dispelled by the recent decision of the Supreme Court of the United States in the case of Stephenson et al. v. Binford et al. A Texas statute specifically defined the two categories of common and contract carriers for hire and undertook to regulate the business of each through the agency of the State Railroad Commission; the statute required contract carriers to secure "permits" which were to be granted by the commission only after a hearing and not if the …
Municipal Corporations-Power Of Board Of Appeals To Vary Application Of Zoning Ordinance
Municipal Corporations-Power Of Board Of Appeals To Vary Application Of Zoning Ordinance
Michigan Law Review
Although there was some dispute among the earlier authorities, it is the rule today that comprehensive zoning ordinances, if enacted under proper legislative authority, are constitutional and will be upheld in so far as they are reasonable in application. In order to give aggrieved property owners an opportunity to obtain relief upon the basis of the ordinance itself without attacking its constitutionality, it has become common practice to give the board of appeals the power to vary the operation of the ordinance in specific cases.
Constitution For The State Of Indiana, Hugh E. Willis
Constitution For The State Of Indiana, Hugh E. Willis
Articles by Maurer Faculty
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 …
Proximate Sources Of The Constitution, Clarence Emmett Manion
Proximate Sources Of The Constitution, Clarence Emmett Manion
Journal Articles
The average American who thinks of our Federal Document only in terms of the Philadelphia Convention may not have fully appreciated the fact that before the surrender of Cornwallis at Yorktown, every American State had already achieved its constitutional independence and had established its own organic law, by which it should not only remain free from the foreign dominion of Great Britain, but should also remain an indestructible unit in The American Federal System. He must remember that the "Articles of Confederation and Perpetual Union" which leagued the alleged sovereign and independent States, were in force at the time of …
Constitutional Law For Popular Consumption, By Thomas James Norton, Robert C. Brown
Constitutional Law For Popular Consumption, By Thomas James Norton, Robert C. Brown
Indiana Law Journal
No abstract provided.
Our Continuous Conflict, Clarence E. Martin
Our Continuous Conflict, Clarence E. Martin
West Virginia Law Review
No abstract provided.
Due Process Of Law In State Labor Legislation, Fowler Vincent Harper
Due Process Of Law In State Labor Legislation, Fowler Vincent Harper
Michigan Law Review
Any regulation on the part of the state of the relations between the laborer and his employer must necessarily deprive the one or the other of his liberty or property, by interfering with his freedom to contract. The protection of freedom of contract which the Constitution affords is not, however, an absolute right. There is nothing necessarily unconstitutional about such legislation unless it is "without due process of law." In other words, legislation of this kind is usually a valid regulation if it can be justified as coming within the due process of law provision.
Due Process Of Law In State Labor Legislation, Pt. 1, Fowler V. Harper
Due Process Of Law In State Labor Legislation, Pt. 1, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Liberty And The Police Power, Clarence Emmett Manion
Liberty And The Police Power, Clarence Emmett Manion
Journal Articles
The American citizen now has practically no rights of person or property that neither Congress nor the State legislature may not impair by legislation. The adoption of the Articles of Confederation and the Federal Constitution served merely to transfer to the Federal government certain powers formerly exercised by the individual States. When all individuals were protected in the exercise of their respective rights it was never supposed that the rights of the individual were to be protected or approached through the avenues of legislation dictated by majority opinions as to what is now and again for the "general good". The …
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.
Constitutional Law-Compulsory Indemnity For Persons Injured By Automobiles
Constitutional Law-Compulsory Indemnity For Persons Injured By Automobiles
Michigan Law Review
The problem of protecting the public from injuries arising from the use of automobiles upon public highways has recently been subjected to a form of legislative solution that is distinctly different from the earlier attempts. The devices first employed were measures which dealt with the licensing of cars and with the regulation of their use. Later, when the need for giving financial substance to the tort liabilities of motorists appeared, steps were taken in the direction of fixing vicarious liabilities upon the owners of automobiles. This was done to some extent by the courts which announced the "family purpose doctrine," …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Freedom Of Speech Under Our Constitution, Abraham Pinsky
Freedom Of Speech Under Our Constitution, Abraham Pinsky
West Virginia Law Review
No abstract provided.
Constitutionality Of Zoning Ordinances, George W. Meuth
Constitutionality Of Zoning Ordinances, George W. Meuth
Kentucky Law Journal
No abstract provided.
Constitutional Law--"Liberty" Under Fourteenth Amendment--Validity Of Foreign Languages Statutes
Constitutional Law--"Liberty" Under Fourteenth Amendment--Validity Of Foreign Languages Statutes
Michigan Law Review
Nine states during the months immediately following the conclusion of the World War passed statutes in substantially the same language, forbidding the teaching of any modem language except English to children below the eighth grade in any school, private or public. Ohio also passed a law applying only to the German language. Teachers in Nebraska, Iowa, and Ohio were convicted during 1920 and 1921 of violating these statutes and, after the supreme courts of the various states had held them valid, their cases were combined in an appeal to the United States Supreme Court. Held, the statutes deprived appellants …
Constitutional Law--Police Power, Regulation, And Confiscation
Constitutional Law--Police Power, Regulation, And Confiscation
Michigan Law Review
Whether the power be taken away directly, or be deadened and atrophied in its action by adverse criticism and demagogic clamor, when the judiciary no longer feel at liberty to construe the provisions of the fundamental Law 'in the light of reason,' constitutional government, in the sense in which it has been understood for a century and a half, will be at an end, and the doctrine of the police power will have been swallowed up in the capacious maw of unrestrained democracy." 27 HARV. L. REV. 316. Mr. Wickersham penned this warning during the period when the swell of …
Has A Person The Constitutional Right To Abstain From Work, William F. Keefer
Has A Person The Constitutional Right To Abstain From Work, William F. Keefer
West Virginia Law Review
No abstract provided.