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Constitutional Law

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Growth In The Constitution And Constitutional Law Since The Decision Of The Case Of West Coast Hotel Vs. Parrish, Hugh Evander Willis Jan 1945

Growth In The Constitution And Constitutional Law Since The Decision Of The Case Of West Coast Hotel Vs. Parrish, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

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Liberty Under The Fourteenth Amendment: 1943-44, John Raeburn Green Dec 1944

Liberty Under The Fourteenth Amendment: 1943-44, John Raeburn Green

Michigan Law Review

Elsewhere efforts have been made to survey the status of the fundamental rights guaranteed by the Bill of Rights with respect to their protection against state abridgment. The decisions of the Supreme Court were examined, from the February term, 1790, through the 1942 term. It was observed that the struggle to obtain for these rights and liberties federal constitutional protection against state abridgment, as well as against federal abridgment, had been almost continuous since the adoption of the Constitution; that Madison had sought, unsuccessfully, to include in the Bill of Rights guaranties against state abridgment for freedom of speech and …

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The Constitution-1787 And Today, Walter F. Dodd Oct 1944

The Constitution-1787 And Today, Walter F. Dodd

Indiana Law Journal

An Address given before Indianapolis Bar Association, September 6, 1944.

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The Lawyer, The Constitution And The Modern World, Joseph C. O'Mahoney Oct 1944

The Lawyer, The Constitution And The Modern World, Joseph C. O'Mahoney

Indiana Law Journal

No abstract provided.

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Constitutional Law - Court Of Claims - Separation Of Powers, Benjamin M. Quigg, Jr. S.Ed. Aug 1944

Constitutional Law - Court Of Claims - Separation Of Powers, Benjamin M. Quigg, Jr. S.Ed.

Michigan Law Review

Plaintiff sued the United States Government for breach of its contract for construction of a water supply tunnel, and in 1932 recovered judgment in the court of claims for approximately one-seventh of the amount sued for. Motions for new trial were denied and the Supreme Court refused to grant a writ of certiorari. In 1942 plaintiff secured the passage of a special act of Congress conferring jurisdiction on the court of claims to render judgment on plaintiff's claim in accordance with the mode of calculation set forth therein, waiving any defenses which the government might have in respect thereto, and …

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The Place Of Trial Of Criminal Cases: Constitutional Vicinage And Venue, William Wirt Blume Aug 1944

The Place Of Trial Of Criminal Cases: Constitutional Vicinage And Venue, William Wirt Blume

Michigan Law Review

In 1909 one Henry G. Connor, presumably Mr. Justice Connor of the Supreme Court of North Carolina, published in the Pennsylvania Law Review an article entitled "The Constitutional Right to a Trial by a Jury of the Vicinage." The question discussed was: May a state constitutionally provide by statute that a crime be tried in a county other than that in which it was committed? Or, putting the question in terms of vicinage as distinguished from venue, may a state constitutionally provide by statute that a crime be tried by jurors summoned from a county other than the county …

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Constitutional Law-Due Process-Punishment For Acts Done Without Consciousness Of Wrongdoing, Benjamin M. Quigg, Jr. S.Ed. Jun 1944

Constitutional Law-Due Process-Punishment For Acts Done Without Consciousness Of Wrongdoing, Benjamin M. Quigg, Jr. S.Ed.

Michigan Law Review

In the recent case of United States v. Dotterweich the United States Supreme Court (four justices dissenting) held the president of a drug jobbing company personally liable for violation of the Federal Food, Drug and Cosmetic Act on informations charging misbranding and adulteration of products. There was no evidence of any personal guilt on the defendant's part, nor was there any proof or claim that he ever knew of the introduction into commerce of the adulterated drugs in question. The disagreement among the members of the court was essentially one of statutory interpretation, but in view of the fact that …

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Constitutional Law-Right To Counsel, Robert M. Barton Jun 1944

Constitutional Law-Right To Counsel, Robert M. Barton

Michigan Law Review

The appellant, a person with a long criminal record, was convicted of receiving and concealing stolen goods. At the trial the attorney appointed by the court to represent him presumably had enough time to prepare a defense but conducted it in a slipshod manner. He failed to object to the admission of important evidence not legally admissible; he failed to see that a witness whom the accused described as important was subpoenaed into court; he objected to none of the prejudicial statements of the trial judge which in effect attacked the credibility of the accused, and he criticized his own …

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Right To Counsel Apr 1944

Right To Counsel

Indiana Law Journal

Constitutional Law Note

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Constitutional Aspects Of Foreign Affairs, Lindsay Rogers Feb 1944

Constitutional Aspects Of Foreign Affairs, Lindsay Rogers

James Goold Cutler Lecture

No abstract provided.

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The Adoption Of The Initiative And Referendum In Washington, Claudius O. Johnson Jan 1944

The Adoption Of The Initiative And Referendum In Washington, Claudius O. Johnson

Selected Articles on Washington State Constitution History

No abstract provided.

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Federal Immunity From State Inspection Laws Jan 1944

Federal Immunity From State Inspection Laws

Indiana Law Journal

Notes and Comments: Constitutional Law

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Scope Of Fair Labor Standards Acts Jan 1944

Scope Of Fair Labor Standards Acts

Indiana Law Journal

Notes and Comments: Constitutional Law

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Ex Parte Milligan V. The Five Companies: Martial Law In Hawaii, John P. Frank Jan 1944

Ex Parte Milligan V. The Five Companies: Martial Law In Hawaii, John P. Frank

Articles by Maurer Faculty

No abstract provided.

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Constitutional Liberties And Statutory Construction, Frank Edward Horack Jr. Jan 1944

Constitutional Liberties And Statutory Construction, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

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Curfew For Citizens Of Japanese Ancestry Jan 1944

Curfew For Citizens Of Japanese Ancestry

Indiana Law Journal

Notes and Comments: Constitutional Law

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Picketing As An Exercise Of The Right Of Free Speech, Leo Oxley Jan 1944

Picketing As An Exercise Of The Right Of Free Speech, Leo Oxley

Kentucky Law Journal

No abstract provided.

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Municipal Corporations - Constitutional Law-Exemption Of Homesteads From Taxation For State Purposes, Hobart Taylor, Jr. Oct 1943

Municipal Corporations - Constitutional Law-Exemption Of Homesteads From Taxation For State Purposes, Hobart Taylor, Jr.

Michigan Law Review

A taxpayer brought a class suit in his own name for the use and benefit of himself and other taxpayers against the city of Wichita Falls to have an ordinance exempting from all taxes $3,000 of the assessed taxable values of all residence homesteads of the city declared void, and for a permanent injunction restraining the city from allowing such exemption and issuing certificates therefor to owners of homesteads. The ordinance had been passed under authority of a constitutional amendment permitting a similar exemption for "state purposes." Held, a homestead is taxable under the constitution for all purposes other …

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Constitutional Law - Freedom Of Religion - Compulsory Flag Salute, Michigan Law Review Oct 1943

Constitutional Law - Freedom Of Religion - Compulsory Flag Salute, Michigan Law Review

Michigan Law Review

The state of West Virginia enacted an amendment to its statutes in 1941 requiring all schools to conduct courses in history and civics for the purpose of fostering "the ideals, principles and spirit of Americanism," and pursuant thereto the Board of Education adopted a resolution ordering that the flag salute and declaration of allegiance should be a regular part of the program of activities in the public schools. Expulsion from school was provided for nonconformity- and until compliance the child was considered unlawfully absent from school and the parents were liable to fine and imprisonment for causing child delinquency. Appellees …

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Abstracts, Katherine Kempfer Oct 1943

Abstracts, Katherine Kempfer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

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Constitutional Law - Highways - Billboard Regulations-Application Of Easement Principles, Ruth I. Wilson Aug 1943

Constitutional Law - Highways - Billboard Regulations-Application Of Easement Principles, Ruth I. Wilson

Michigan Law Review

In Kelbro, Inc. v. Myrick, where the license and setback requirements of the Vermont outdoor advertising law were sustained together with provisions for summary removal of nonconforming advertisements, the Vermont Supreme Court declared that the commercial billboard companies have no common-law right to the privilege of visibility on which their business depends. Their exploitation of this privilege, it held, is a commercial use of the public thoroughfares which has been permitted only by sufferance and has always been subject to prohibition or regulation by the legislature.

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Constitutional Law - Due Process Limitations On Statutes Regulating Extrastate Contracts, Michigan Law Review Aug 1943

Constitutional Law - Due Process Limitations On Statutes Regulating Extrastate Contracts, Michigan Law Review

Michigan Law Review

Plaintiffs, reciprocal insurance associations which insure against fire and related risks, and whose attorneys-in-fact are located in Illinois, brought a declaratory judgment action in New York state courts for a determination of the applicability to them of the New York law requiring that such co-operative insurance associations obtain a license, or be prohibited from doing "any act which effects, aids or promotes the doing of an insurance business" in New York. As a condition of the license, submission to the New York regulations is required. The activities of the associations within the state of New York include investigation by engineers …

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Constitutional Law-Right To Impose A License Tax Upon Dissemination Of Religious Literature - Jones V. Opelika Reversed, Michigan Law Review Aug 1943

Constitutional Law-Right To Impose A License Tax Upon Dissemination Of Religious Literature - Jones V. Opelika Reversed, Michigan Law Review

Michigan Law Review

Petitioners were members of the religious sect "Jehovah's Witnesses," who "sold" and/ or donated religious tracts and literature, and in connection therewith used phonographs and records, in their door to door activities to spread their religious beliefs. They failed to obtain a license for the privilege of canvassing and soliciting, as required of all persons by an ordinance of the city of Jeannette, Pennsylvania, and were convicted and fined for violation thereof. Petitions for leave to appeal to the Supreme Court of Pennsylvania were denied; the case came before the United States Supreme Court on petition for writ of certiorari. …

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Abstracts, Katherine Kempfer Aug 1943

Abstracts, Katherine Kempfer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

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Constitutionality Of Parking Meter Ordinance Jul 1943

Constitutionality Of Parking Meter Ordinance

Indiana Law Journal

Notes and Comments: Municipal Corporations

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Power Of A State To Fix Prices On Milk Sold To An Army Camp Jul 1943

Power Of A State To Fix Prices On Milk Sold To An Army Camp

Indiana Law Journal

Notes and Comments: Constitutional Law

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Abstracts, Katherine Kempfer Jun 1943

Abstracts, Katherine Kempfer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

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Some Observations On The Significance Of The American Bill Of Rights, Kenneth C. Cole Apr 1943

Some Observations On The Significance Of The American Bill Of Rights, Kenneth C. Cole

Washington Law Review

Bills of Rights are like New Year's Resolutions. The discipline they impose is self-imposed. It is also usually imposed in a period of sobriety in the fond hope that the conditions which brought forth excesses in the past will not do so in the future. And, more often than not, the history of nations like that of individuals teaches that while the spirit may be willing the flesh is weak. The flesh is weak because solemn declarations of good intention may have no roots in past performance—the history of the people may have developed no institutions providing an earnest that …

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Constitutional Law - Criminal Law And Procedure - Presence Of Accused During Arguments Of Law, Arthur B. Lathrop Apr 1943

Constitutional Law - Criminal Law And Procedure - Presence Of Accused During Arguments Of Law, Arthur B. Lathrop

Michigan Law Review

The defendant was indicted for a felony on charges of wilfully attempting to "evade or defeat'' federal income taxes based on his failure to report money allegedly received by him from "backers" of numbers games in exchange for political protection. On cross-examination he was questioned about certain payments made in the year following the ones on which the indictment was based. His attorney objected on the ground that the question was going to be the subject of another indictment against the defendant, and asked that the jury be dismissed while an argument was had upon the point of law raised. …

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Constitutional Law - Validity Of Rent Provisions Of Emergency Price Control Act, George T. Schilling Feb 1943

Constitutional Law - Validity Of Rent Provisions Of Emergency Price Control Act, George T. Schilling

Michigan Law Review

The administrator of the Office of Price Administration brought an action in a federal district court to enjoin defendant from violating the rent provisions of the Emergency Price Control Act of 1942, and orders and regulations issued pursuant thereto. Defendant, by way of counterclaim, challenged the constitutionality of the act and Regulation No. 10 and sought an in junction restraining plaintiff from enforcing against her the provisions of the act, from interfering with the use and occupancy of her premises and her right to invoke the jurisdiction of the state courts, and requesting the suspension of the penal provisions of …

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