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Articles 28891 - 28920 of 29653
Full-Text Articles in Entire DC Network
Courts Power To Compensate Attorneys
Courts Power To Compensate Attorneys
Indiana Law Journal
Notes and Comments: Constitutional Law
The Doctrine Of Judicial Review And Its Relation To A Declared Purpose Or Policy Of A Statute, Theodore S. Cox
The Doctrine Of Judicial Review And Its Relation To A Declared Purpose Or Policy Of A Statute, Theodore S. Cox
Faculty Publications
No abstract provided.
Constitutional Law-Appropriation For A Public Purpose, Michigan Law Review
Constitutional Law-Appropriation For A Public Purpose, Michigan Law Review
Michigan Law Review
A Wisconsin statute authorized the appropriation of state funds to the American Legion 1941 Convention Corporation of Milwaukee, for the purpose of paying the expenses attendant upon obtaining and holding the national convention in Milwaukee during 1941. The national organization of the American Legion was allowed to decide whether a deposit should be made with them to secure the payment of the expenses, and if so, how much the deposit should be. The Legion required that the city extending an invitation tender to the national organization a certified check for $27,050 to insure payment of estimated expenses. At the request …
Constitutional Law - Federal Power To Dispose Of Property - Use Of Imposed Conditions To Induce State Conformity To Congressional Policy, Michigan Law Review
Constitutional Law - Federal Power To Dispose Of Property - Use Of Imposed Conditions To Induce State Conformity To Congressional Policy, Michigan Law Review
Michigan Law Review
A federal grant of public land to the city of San Francisco, on condition that the land be used for municipal production and distribution- of water and electricity, contained an express prohibition against the sale of electric energy to any private company for resale. The United States sought to enjoin the city from carrying out a contract with a private corporation whereby the latter distributed the electricity to consumers at rates set by the state railroad commission. The federal circuit court of appeals declared the relationship between the city and corporation was that of agency, rather than vendor and vendee. …
Constitutional Limits Of Legislative Pressure To Induce Acceptance Of Elective Workmen's Compensation Acts
Washington and Lee Law Review
No abstract provided.
Constitutional Law-"Navigable Waters Of The United States" Held To Include Streams Capable Of Being Made Navigable By Improvements [United States V. Appalachian Electric Power Co., U. S. Sup. Ct. 1940]
Washington and Lee Law Review
No abstract provided.
Constitutional Law-Power Of Federal Government To Prohibit Child Labor In Industry [United States V. F. W. Darby Lumber Co., U. S. Sup. Ct. 1941]
Washington and Lee Law Review
No abstract provided.
Constitutional Law - Regulation Of Small Business, Alfred G. Ellick Jr.
Constitutional Law - Regulation Of Small Business, Alfred G. Ellick Jr.
Michigan Law Review
Ever since the development of the guild system the small tradesman or shopkeeper has attempted in various ways to reduce the number of his competitors. The time-honored method, in theory at least, has been to give better service for less money. The more modern method is to select a delegation from the trade itself whose duty it will be to proceed to the state capitol, there to urge the passage of "protective legislation." As a result, legislators have found themselves beseiged by lobbyists who show altruistic concern for the health, safety, and welfare of the general public. Strangely enough, the …
Constitutional Law--Delegation Of Legislative Power To Administrative Bodies Or Officers, E. E. T. Jr.
Constitutional Law--Delegation Of Legislative Power To Administrative Bodies Or Officers, E. E. T. Jr.
West Virginia Law Review
No abstract provided.
Council And Court: The Handbill Ordinances, 1889-1939, James K. Lindsay
Council And Court: The Handbill Ordinances, 1889-1939, James K. Lindsay
Michigan Law Review
The extent to which a municipality may regulate or prohibit the distribution of handbills and circulars on its streets and from house to house has been thoroughly considered by the courts in the last two years. These recent cases reveal one phase of a battle historically rich and presently important to the American people. It is the thrust of a principle-the right of free speech and press-against the encroachments of municipal governing bodies concerned with the practical problem of keeping their streets clean. The municipal official sees the problem thus: "One of the small but aggravating nuisances which most cities …
Constitutional Law - Due Process - Federal Price Control Under Commerce Clause For Milk And Coal Industries, Stark Ritchie
Constitutional Law - Due Process - Federal Price Control Under Commerce Clause For Milk And Coal Industries, Stark Ritchie
Michigan Law Review
As a natural concomitant of the prevailing laissez-faire economic philosophy, a strong feeling against any governmental regulation of business prevailed in American legislatures until well into the second half of the nineteenth century. Prices were considered to be especially immune to governmental tampering. The first step in the breakdown of the notion that government had no power over prices was the case of Munn v. Illinois. This decision introduced the doctrine that the legislature had the right to regulate prices in any business which the courts should find to be "affected with a public interest." Posed as a deceivingly …
"Lease And Option" Device For Avoiding Constitutional Limitations On The Indebtedness Of School Districts In Kentucky, John C. Lovett
"Lease And Option" Device For Avoiding Constitutional Limitations On The Indebtedness Of School Districts In Kentucky, John C. Lovett
Kentucky Law Journal
No abstract provided.
Constitutional Law- Eminent Domain - Power Of State To Condemn Land For Low-Cost Housing And Transfer To The United States, Oscar Freedenberg
Constitutional Law- Eminent Domain - Power Of State To Condemn Land For Low-Cost Housing And Transfer To The United States, Oscar Freedenberg
Michigan Law Review
Public low-cost housing legislation on a national scale in this country began with title II, section 202 of the National Industrial Recovery Act of 1933, which authorized the administrator to embark upon a program for "construction, reconstruction, alteration, or repair under public regulation or control of low-cost housing and slum-clearance projects." But soon thereafter, in United States v. Certain Lands in the City of Louisville, a majority of the United States Circuit Court of Appeals for the Sixth Circuit decided that the N.I.R.A. was unconstitutional so far as it attempted to authorize the condemnation of land by the United …
Constitutionality Of Kentucky Statute Section 2635: Appliances For The Prevention Of Venereal Diseases, B. H. Henard
Constitutionality Of Kentucky Statute Section 2635: Appliances For The Prevention Of Venereal Diseases, B. H. Henard
Kentucky Law Journal
No abstract provided.
Constitutional Law - Criminal Law And Procedure - Right To Effective Assistance Of Counsel, Walter Muller
Constitutional Law - Criminal Law And Procedure - Right To Effective Assistance Of Counsel, Walter Muller
Michigan Law Review
Robbery of a Federal Reserve Bank and jeopardizing lives by the use of dangerous weapons were the charges brought against defendant in a federal district court. Ten months after being taken into custody, he was finally brought to trial. On the latter date, for the first time, the defendant expressed to the court a desire to engage different counsel because of recent difficulties he had had with his original choice. The defendant was the complaining petitioner in a pending disbarment proceeding against his attorney. But the record did not show that the defendant disclosed the nature of those differences to …
Constitutional Implications Of The Opp Cotton Mills Case With Respect To Procedure And Judicial Review In Administrative Rule-Making, Ralph F. Fuchs
Constitutional Implications Of The Opp Cotton Mills Case With Respect To Procedure And Judicial Review In Administrative Rule-Making, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Right Of Trial By Jury In Civil Actions, Ashton File
Right Of Trial By Jury In Civil Actions, Ashton File
West Virginia Law Review
No abstract provided.
Constitutional Interpretation And Judicial Self-Restraint, Vincent M. Barnett Jr.
Constitutional Interpretation And Judicial Self-Restraint, Vincent M. Barnett Jr.
Michigan Law Review
The newly reconstituted Supreme Court of the United States has become the center of an earnest controversy with respect to the true role of the Court in constitutional interpretation. The general controversy is, of course, far from new. What makes it of more than ordinary significance is that the Court itself is revealing a tendency substantially to alter the extent, if not the nature, of judicial review. This tendency has not yet become clearly dominant, but it is apparent enough to shake the implicit faith in the Court of many of those to whom, before 1937, any criticism of the …
Are The Gasoline, Cigarette, And Sales Taxes Unconstitutional?, John B. Sholley
Are The Gasoline, Cigarette, And Sales Taxes Unconstitutional?, John B. Sholley
Washington Law Review
It is indeed rather surprising to discover that there is a strong possibility that all three of these taxes are unconstitutional in their present statutory forms. But this appears to be the effect of a recent decision of the state supreme court. The case referred to, State v. Inland Empire Refineries, involved the validity of a 1939 statute imposing an excise tax of one-fourth cent per gallon upon the distribution of petroleum products other than motor fuel, lubricants, and medicants. The statute was held unconstitutional in its entirety upon three independent grounds. First, the discrimination against vendors and users of …
Constitutional Law - Labor Law - Peaceful Picketing Guaranteed By Due Process Clause Of Fourteenth Amendment, Eugene T. Kinder
Constitutional Law - Labor Law - Peaceful Picketing Guaranteed By Due Process Clause Of Fourteenth Amendment, Eugene T. Kinder
Michigan Law Review
In the recent Thornhill and Carlson decisions the Supreme Court of the United States declared an Alabama statute and a California county ordinance prohibiting all picketing, peaceful or otherwise, unconstitutional on the ground that such broad legislation deprived employees and union members of their right of free speech, guaranteed by the due process clause of the Fourteenth Amendment to the Constitution of the United States. In holding that employees and workers have a constitutional right to publicize the facts of a labor dispute, the Court was but taking another step in its recent crusade for the preservation of civil liberties. …
A Lawyer Looks At Liberty, Clarence E. Manion
A Lawyer Looks At Liberty, Clarence E. Manion
Indiana Law Journal
No abstract provided.
National Defense And Individual Liberties, Wilbur G. Katz
National Defense And Individual Liberties, Wilbur G. Katz
Indiana Law Journal
Dean Wilber G. Katz, University of Chicago Law School at the annual banquet of the Indiana State Bar Association, Fort Wayne, August 24, 1940.
Constitutional Law-Appeals From Administrative Tribunals
Constitutional Law-Appeals From Administrative Tribunals
Indiana Law Journal
Recent Case Notes
Constitutional Law-Conditional Legislation-Delegation To Judiciary Magistrates Court Act
Constitutional Law-Conditional Legislation-Delegation To Judiciary Magistrates Court Act
Indiana Law Journal
Recent Case Notes
Constitutional Law-Privileges And Immunities-Colgate V. Harvey
Constitutional Law-Privileges And Immunities-Colgate V. Harvey
Indiana Law Journal
Recent Case Notes
The Supreme Court And Disputes Between States, Charles Warren
The Supreme Court And Disputes Between States, Charles Warren
James Goold Cutler Lecture
No abstract provided.
The Constitution And A "Planned Economy", Henry Rottschaefer
The Constitution And A "Planned Economy", Henry Rottschaefer
Michigan Law Review
A little more than a decade has passed since the collapse of the wildest speculative orgy ever indulged in by a nation not markedly given to underestimating its own economic and financial potentialities. It came at a time when the conjuncture of world-wide economic forces combined with almost world-wide unsound practices in the fields of international trade and finance had created an extremely unstable economic situation throughout the world. It would require a degree of optimism as large as that entertained by the speculative community during the "boom period" to believe that the measures and policies adopted and followed during …
Constitutional Law - Interstate Commerce - State Regulation Of Exports Of Intoxicating Liquor, Michigan Law Review
Constitutional Law - Interstate Commerce - State Regulation Of Exports Of Intoxicating Liquor, Michigan Law Review
Michigan Law Review
On being refused a license, a carrier operating under the provisions of the Federal Motor Carrier Act sought to enjoin public officials of Kentucky from enforcing the penal and contraband portions of the Kentucky Liquor Law, which required a license from the state as a prerequisite to the right to transport liquor. Plaintiff claimed that the state act was a violation of its rights under the commerce clause in that the requirement of the license placed an unconstitutional burden on its right to transport liquor in interstate commerce. On appeal from a federal three-judge court's ruling sustaining a motion to …
Constitutional Law - Psychopathic Proceeding - Due Process And Jury Trial, Michigan Law Review
Constitutional Law - Psychopathic Proceeding - Due Process And Jury Trial, Michigan Law Review
Michigan Law Review
Proceedings were brought against appellant under a Minnesota statute providing for commitment of psychopathic persons who showed habitual sexual misconduct. Appellant appealed to the state supreme court for a writ of prohibition, claiming denial of due process. Appellant's contentions were overruled and he appealed to the United States Supreme Court. Held, the statute did not deny due process. Minnesota ex rel. Pearson v. Probate Court, (U.S. 1940) 60 S. Ct. 523.
Constitutional Law - Eminent Domain - Value As Fixed By Agreement Between The Parties - When Is Property Taken For Purpose Of Determining Payment Of Interest?, John H. Pickering
Constitutional Law - Eminent Domain - Value As Fixed By Agreement Between The Parties - When Is Property Taken For Purpose Of Determining Payment Of Interest?, John H. Pickering
Michigan Law Review
Defendant's land, situated between the riverside and set-back levees of the proposed floodway extending along the western bank of the Mississippi from Bird's Point to New Madrid, Missouri, was inundated in the flood of 1937, at which time the floodway, with its system of fuse plugs (whereby the riverbank levee was to be lowered to allow flood waters to spend their destructive force by spreading over larger areas) was not yet in operation. Thereafter the United States, under authority conferred by the Flood Control Act of 1928, instituted condemnation proceedings to secure flowage rights over defendant's land. Defendant claimed that …