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Constitutional Law

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Constitutional Law - Impairing The Obligation Of Contracts - New York Decedents' Estate Law, Robert Walsh Oct 1942

Constitutional Law - Impairing The Obligation Of Contracts - New York Decedents' Estate Law, Robert Walsh

Michigan Law Review

By a premarital agreement executed in 1922 the wife of decedent waived all rights in his estate. The waiver was signed but not acknowledged. In August, 1930, decedent executed a will leaving $2,000 to his wife. In September, 1930, there went into effect an amendment of the Decedents' Estate Law of New York, which gave to a widow an election to take under or against the will of her husband and provided that such election could be waived only by an instrument signed and acknowledged. The statute applied only to wills executed after September, 1930. The decedent executed a codicil …

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Another Jehovah's Witness Case Aug 1942

Another Jehovah's Witness Case

Indiana Law Journal

Notes and Comments: Constitutional Law

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Profits A Prendre And Interstate Price-Fixing, C. C. Williams Jr., Kemble White Jr. Jun 1942

Profits A Prendre And Interstate Price-Fixing, C. C. Williams Jr., Kemble White Jr.

West Virginia Law Review

No abstract provided.

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Constitutional Law - Labor Law - Recent Ramifications Of The Application Of Free Speech Doctrines To The Protection Of Picketing, William H. Kinsey Jun 1942

Constitutional Law - Labor Law - Recent Ramifications Of The Application Of Free Speech Doctrines To The Protection Of Picketing, William H. Kinsey

Michigan Law Review

When the United States Supreme Court declared that peaceful picketing was protected by the constitutional guaranty of free speech, it raised the interesting question how the doctrines shielding the traditional modes of free speech were to be adapted to the preservation of picketing. A smooth cloaking of the right to picket with the sanctity of a constitutionally protected civil liberty is complicated by various factors such as the ease with which picketing may lead to violence, the elements of economic coercion inherent in even peaceful picketing, and the detrimental repercussions upon strangers to the controversy. As a result the clash …

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The Constitution And The Guarantee Of Freedom, James T. Shotwell Jun 1942

The Constitution And The Guarantee Of Freedom, James T. Shotwell

James Goold Cutler Lecture

No abstract provided.

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Constitutional Law - Commerce Clause - Regulation Of Renovated Butter Manufacture, Michigan Law Review May 1942

Constitutional Law - Commerce Clause - Regulation Of Renovated Butter Manufacture, Michigan Law Review

Michigan Law Review

Plaintiff, who was engaged in the manufacture of renovated butter from packing stock butter, brought an action to enjoin Alabama officials from enforcing state laws relating to the inspection and seizure of the raw material. Plaintiff contended that since the production of renovated butter was taxed and regulated by the United States, state action was excluded. The federal act conferred upon the Secretary of Agriculture, among other things the duty of ascertaining "whether or not materials used in the manufacture of said process or renovated butter are deleterious to health or unwholesome in the finished product, and in case such …

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Constitutional Law - Due Process - Notice And Hearing - Validity Of Statute Authorizing Seizure Of Property Illegally In Possession Of Pawnbroker, Wilbur Jacobs May 1942

Constitutional Law - Due Process - Notice And Hearing - Validity Of Statute Authorizing Seizure Of Property Illegally In Possession Of Pawnbroker, Wilbur Jacobs

Michigan Law Review

Complainant, believing his property to be illegally in the possession of defendant pawnbroker, obtained a search warrant, authorized by statute to be issued, on complaint under oath, by any magistrate who is satisfied that there is reasonable cause for complainant's belief. Although the statute required the property to be seized and delivered to complainant on his posting a bond for double the value of the property, the property was not in fact seized. However, actual notice to appear and be heard on a certain date was given to the defendant, even though such notice was not expressly required by the …

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The Virginia Bill Of Rights, Leonard C. Helderman Mar 1942

The Virginia Bill Of Rights, Leonard C. Helderman

Washington and Lee Law Review

No abstract provided.

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Protection Against Invasion Of Privacy In Communications: The Olmstead Case Sustained Mar 1942

Protection Against Invasion Of Privacy In Communications: The Olmstead Case Sustained

Washington and Lee Law Review

No abstract provided.

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Constitutional Law - State Control Of Interstate Migration Of Indigents, Edward W. Adams Mar 1942

Constitutional Law - State Control Of Interstate Migration Of Indigents, Edward W. Adams

Michigan Law Review

The interstate migration of persons presents the United States with one of its most acute economic and social problems and carries in its wake a series of significant legal questions. Of paramount importance is the constitutional question whether the migration of indigents is subject to state control. To lend understanding to this problem, attention will be called first to the basic economic and social urges underlying interstate migration and second to the position of the indigent as defined by traditional legal concepts. To complete the discussion, suggestions will be offered for corrective federal legislation.

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Constitutional Law - State Proration Acts - Regulation Of Production When Sales Are Largely Interstate, Michigan Law Review Mar 1942

Constitutional Law - State Proration Acts - Regulation Of Production When Sales Are Largely Interstate, Michigan Law Review

Michigan Law Review

The plaintiff, a raisin packer in the state of California, was prevented from purchasing in open market to fill his out-of-state orders because of the California Agricultural Proration Act. By its provisions the producers of raisin grapes are required to turn over seventy per cent of their produce to state "pools." The remaining thirty per cent may be sold without restriction, providing the producer holds certificates issued by a commission. Packers are permitted to purchase only from such certificate holders. These packers operate within California, buying from producers and selling to jobbers, wholesalers, brokers, etc., for resale to the public. …

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Constitutional Law -- Due Process -- Price-Fixing, Michigan Law Review Mar 1942

Constitutional Law -- Due Process -- Price-Fixing, Michigan Law Review

Michigan Law Review

A Nebraska statute required the licensing of private employment agencies and limited maximum compensation for services rendered to ten per cent of the first month's salary or wages of the person for whom employment was obtained. In this case the Secretary of Labor of Nebraska refused to issue a license because of the applicant's refusal to limit its compensation to the statutory maximum. In a suit for a peremptory writ of mandamus to compel the issuing of the license, the Secretary of Labor relied on the statute. In reliance on Ribnik v. McBride, the Supreme Court of Nebraska, with …

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Constitutional Law - Due Process Of Law - Freedom Of Expression In Commercial Handbills, Edward W. Adams Feb 1942

Constitutional Law - Due Process Of Law - Freedom Of Expression In Commercial Handbills, Edward W. Adams

Michigan Law Review

Petitioner desired to display for profit a privately owned submarine. Upon application, he was denied permission to tie up at the New York City docks, and so he obtained permission to use state-owned docks. He petitioned the police commissioner for permission to distribute handbills advertising his display, but because of a New York City ordinance providing that any handbill which was commercial in nature could not be circulated, this was refused. Petitioner then prepared a handbill with commercial matter referring to the display on one side, and on the other side a protest against the city's refusal to allow petitioner …

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Libel--Libel Per Se--Fair Comment--Attributing Anton-Semitism To Congressman, D. D. J. Jr. Feb 1942

Libel--Libel Per Se--Fair Comment--Attributing Anton-Semitism To Congressman, D. D. J. Jr.

West Virginia Law Review

No abstract provided.

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A Proposal For Co-Operative Research On The Bill Of Rights, Jerome Hall Jan 1942

A Proposal For Co-Operative Research On The Bill Of Rights, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

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The Amending Of The Federal Constitution, Lester Bernhardt Orfield Jan 1942

The Amending Of The Federal Constitution, Lester Bernhardt Orfield

Michigan Legal Studies Series

MOST treatises on constitutional law dispose of the federal amending clause in summary fashion. The commentators have thought fit to stress chiefly the division of authority between the federal government and the states. They have attached a high degree of significance to the dogma of separation of powers. A great deal of attention has been devoted to the doctrines of judicial review, the supremacy of the Federal Constitution, and the Bill of Rights. The taxation and the commerce clauses have come in for their full share of consideration. In recent years extensive studies have been made of the due process …

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Tendencies In American Constitutional Law, Hugh Evander Willis Jan 1942

Tendencies In American Constitutional Law, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

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Administrative Hearings Under The Federal Constitution, George E. Hale Jan 1942

Administrative Hearings Under The Federal Constitution, George E. Hale

Kentucky Law Journal

No abstract provided.

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Constitutional Aspects Of The Conflict Of Laws: Recent Developments, Joseph O'Meara Jan 1942

Constitutional Aspects Of The Conflict Of Laws: Recent Developments, Joseph O'Meara

Journal Articles

In diversity-of-citizenship cases Erie v. Tompkins has been extended to the field of conflict of laws by Klaxon Co. v. Stentor Electric Mfg. Co. This "prohibition...against...independent is in line with an earlier pronouncement, in Kryger v. Wilson in 1916, that "a mistaken application of doctrines of the conflict of laws...being purely a question of local common law, is a matter with which [the United States Supreme Court] is not concerned," and with the repeated declaration that "the Constitution...does not guarantee that the decisions of state courts shall be free from error."

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Constitutional Law - Constitutionality Of State Sales Tax On Defense Materials Purchased Under A Cost-Plus-A-Fixed-Fee Contract With The Federal Government, Lloyd M. Forster Jan 1942

Constitutional Law - Constitutionality Of State Sales Tax On Defense Materials Purchased Under A Cost-Plus-A-Fixed-Fee Contract With The Federal Government, Lloyd M. Forster

Michigan Law Review

X had a cost-plus-a-fixed-fee contract with the federal government, under which the government reserved the right to pay directly for purchases made by X pursuant to contract to give prior authorization for each purchase over $500, to inspect and acquire title to materials delivered under such contract, and to furnish materials itself. X ordered lumber from plaintiff, who contested the constitutionality of an Alabama sales tax levied on this sale, contending that the tax was levied on a transaction by which the United States secured goods for governmental purposes. Held, the tax should be sustained, since X, and …

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Constitutional Law--Obligation Of Contract Clause--Tax Titles, H. L. W. Jr. Dec 1941

Constitutional Law--Obligation Of Contract Clause--Tax Titles, H. L. W. Jr.

West Virginia Law Review

No abstract provided.

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List Of Indiana Statutes (1816-1935) Held Unconstitutional Dec 1941

List Of Indiana Statutes (1816-1935) Held Unconstitutional

Indiana Law Journal

No abstract provided.

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Unconstitutional Legislation In Indiana, Oliver P. Field Dec 1941

Unconstitutional Legislation In Indiana, Oliver P. Field

Indiana Law Journal

Includes "an extensive appendix" listing all the Indiana Statutes (1916-1935) Held Unconstitutional, p.115-127.

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Constitutional Law - Impairing The Obligation Of Contracts - Refunding Bonds, John F. Hall Dec 1941

Constitutional Law - Impairing The Obligation Of Contracts - Refunding Bonds, John F. Hall

Michigan Law Review

In 1938, Mississippi authorized the issuance of state highway bonds in the aggregate of $60,000,000. Interest was payable semiannually and the bonds were to mature serially semiannually, and to the extent necessary to make these payments the revenues from gasoline taxes were pledged. The act further provided that the state covenanted that so long as any of the bonds were outstanding and unpaid, it would not authorize "any other obligations or securities payable from gasoline tax revenues" unless such revenues should increase in such an amount that one-third of the proceeds would be sufficient to meet the principal and interest …

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Federal Courts - Review Of State Courts Decision Involving Federal And Nonfederal Ouestions, John C. Johnston Nov 1941

Federal Courts - Review Of State Courts Decision Involving Federal And Nonfederal Ouestions, John C. Johnston

Michigan Law Review

In exercising appellate jurisdiction over federal questions raised in the highest court of a state, the Supreme Court of the United States has refused to adopt the view that the existence of a federal question in the record or decision of the state court will empower it to decide every other question that is raised in the case. Correlated to this refusal to review the nonfederal question is the further self-imposed limitation that where the decision of the state court rests upon a nonfederal ground sufficient in itself to support the judgment of the state court, the Supreme Court will …

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Constitutional Law - Trial By Jury - Right To Waive Presence Of Trial Judge, Robert P. Kneeland Nov 1941

Constitutional Law - Trial By Jury - Right To Waive Presence Of Trial Judge, Robert P. Kneeland

Michigan Law Review

Defendant was tried for the crime of driving a car while intoxicated. After the jury was instructed and had retired, the judge who had supervised the trial up to that point announced that he was going to another town to sit for a judge who was in poor health, but that a second judge would be available to receive the jury's verdict. Defendant's counsel failed to object to these arrangements. After the judge who heard the cause had left, the jury desired further instructions. As defendant objected to this request, however, it was denied. The second judge received the unqualified …

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The Constitution And The Crisis State, Max Lerner Nov 1941

The Constitution And The Crisis State, Max Lerner

James Goold Cutler Lecture

No abstract provided.

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Constitutional Law - Commerce Clause - Scope Of Federal Power Over Intrastate Activities-Fair Labor Standards Act, Michigan Law Review May 1941

Constitutional Law - Commerce Clause - Scope Of Federal Power Over Intrastate Activities-Fair Labor Standards Act, Michigan Law Review

Michigan Law Review

Authority of Congress to regulate intrastate activities through the commerce clause is derived from two principal sources: (1) the federal power to preserve the flow of commerce by eliminating potential burdens and obstructions; (2) the federal power to prohibit the interstate transportation of goods resulting in the spread of conditions which Congress considers detrimental to the general welfare. Utilization of the first source of authority over intrastate activities is exemplified by the National Labor Relations Act, enabling the federal government to regulate an aspect of local production likely to burden commerce. Utilization of the second source of authority is exemplified …

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Constitutional Law - Commerce Clause - Federal Trade Commission - Jurisdiction Over Intrastate Commerce Affecting Interstate Commerce, John C. Johnston May 1941

Constitutional Law - Commerce Clause - Federal Trade Commission - Jurisdiction Over Intrastate Commerce Affecting Interstate Commerce, John C. Johnston

Michigan Law Review

Appellee, an Illinois corporation engaged in manufacturing and selling candy within the state of Illinois, used in marketing its product a method of "break and take" packages involving an element of chance. The Federal Trade Commission had found that this practice constituted "unfair competition" and had ordered one hundred twenty of appellee's competitors who were engaged in interstate commerce to cease using it. The commission issued a like order against appellee on the theory that its activities, although wholly intrastate, "affected" interstate commerce. Appellee appealed from the order, contending that the Federal Trade Commission Act did not authorize the commission …

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Constitutional Law - Commerce Clause - Labor Law - Power Of State To Enjoin Unfair Labor Practices Of Employees In Industries Engaged In Interstate Commerce, Michigan Law Review May 1941

Constitutional Law - Commerce Clause - Labor Law - Power Of State To Enjoin Unfair Labor Practices Of Employees In Industries Engaged In Interstate Commerce, Michigan Law Review

Michigan Law Review

The appellant (defendant in the case below) and certain of its members were found guilty of unfair labor practices as defined by the Wisconsin Employment Relations Act. Plaintiff-appellee issued a cease and desist order, which was sustained by the lower court despite defendant's contention that the statute was unconstitutional on the ground that Congress had precluded such state legislation affecting interstate industries by enacting the National Labor Relations Act. Held, plaintiff's order sustained. State legislation not repugnant to the Wagner Act is operative in this field so long as the National Labor Relations Board has not acted in the …

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