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Articles 28921 - 28950 of 29653
Full-Text Articles in Entire DC Network
Constitutional Law-Freedom Of Speech And Press-Municipal Ordinances Restricting Distribution Of Printed Matter
Indiana Law Journal
Recent Case Notes
Clarifynig The Amending Process, Noel T. Dowling
Clarifynig The Amending Process, Noel T. Dowling
Washington and Lee Law Review
No abstract provided.
Constitutional Law - Original Jurisdiction Of United States Supreme Court - Availability As A Procedural Remedy To Avoid Multiple Taxation, Benjamin W. Franklin
Constitutional Law - Original Jurisdiction Of United States Supreme Court - Availability As A Procedural Remedy To Avoid Multiple Taxation, Benjamin W. Franklin
Michigan Law Review
The state of Massachusetts instituted an original proceeding against the state of Missouri and individual citizens of Missouri for leave to file a bill of complaint, alleging that M. B. Blake died domiciled in Massachusetts; that she had created three trusts of securities, reserving a power of revocation over two; that the securities were held in Missouri where the trustees resided; that both states had statutes subjecting to taxation property passing by deed, grant or gift, made or intended to take effect in possession or enjoyment after the donor's death; that the Massachusetts statute taxed intangible property only when owned …
Constitution Making By The Supreme Court, Hugh Evander Willis
Constitution Making By The Supreme Court, Hugh Evander Willis
Indiana Law Journal
No abstract provided.
Constitutional Law - Delegation Of Legislative Power - Agricultural Marketing Agreement Act, Edward S. Biggar
Constitutional Law - Delegation Of Legislative Power - Agricultural Marketing Agreement Act, Edward S. Biggar
Michigan Law Review
The declared policy of the Agricultural Marketing Agreement Act of 1937 was to raise the purchasing power of agricultural commodities and, at the same time, to protect the interest of the consumer. The Secretary of Agriculture was empowered to issue orders which, in his belief, based upon a consideration of evidence introduced at a public hearing, would tend to effectuate this policy. Certain minimum requirements as to the provisions of the orders were imposed. For any order to be effective, it must have been approved by a proportion of the producers of the commodity concerned. Pursuant to the provisions of …
Enforceability Of Foreign Decrees For Alimony Or Support - Bauernschmidt V. Safe Deposit & Trust Co.
Enforceability Of Foreign Decrees For Alimony Or Support - Bauernschmidt V. Safe Deposit & Trust Co.
Maryland Law Review
No abstract provided.
Non-Natural Persons And The Guarantee Of "Liberty" Under The Due Process Clause, D. J. Farage
Non-Natural Persons And The Guarantee Of "Liberty" Under The Due Process Clause, D. J. Farage
Kentucky Law Journal
No abstract provided.
Evidence - Constitutional Law - Use Of Statutory Presumptions In Criminal Cases, Edward M. Watson
Evidence - Constitutional Law - Use Of Statutory Presumptions In Criminal Cases, Edward M. Watson
Michigan Law Review
The recent efforts on the part of state legislatures to increase the effectiveness of their criminal codes has resulted in extending the use of the statutory presumption to new fields of criminal law. The reaction which necessarily follows such an innovation upon traditional practice has appeared in the form of renewed attacks upon the constitutionality of the device, accompanied by the usual expressions of alarm concerning the "threat to liberty" that lurks in the use of this "mechanistic" instrument of "arbitrary oppression."
Constitutional Law--License Taxes--Classification, Marvin M. Tincher
Constitutional Law--License Taxes--Classification, Marvin M. Tincher
Kentucky Law Journal
No abstract provided.
Gibbons V. Ogden Then And Now, Hugh Evander Willis
Gibbons V. Ogden Then And Now, Hugh Evander Willis
Kentucky Law Journal
No abstract provided.
Validity Of Compulsory Flag Salutes In Public Schools, Elmer M. Million
Validity Of Compulsory Flag Salutes In Public Schools, Elmer M. Million
Kentucky Law Journal
No abstract provided.
Prospective Overruling Of Constitutional Construction, Alan R. Vogeler
Prospective Overruling Of Constitutional Construction, Alan R. Vogeler
Kentucky Law Journal
No abstract provided.
Freedom Of The Press, C. A. Peairs Jr.
Constitutional Law -- Validity Of Statutes Restricting Picketing And Related Activities, John P. Frank
Constitutional Law -- Validity Of Statutes Restricting Picketing And Related Activities, John P. Frank
Articles by Maurer Faculty
No abstract provided.
Constitutionality Of Statute Imposing Burdensome Tax On Particular Kinds Of Business - Classification For Purposes Of Taxation - Brown V. State
Maryland Law Review
No abstract provided.
Contempt - Constitutional Law - Pardons - Power Of A Governor To Pardon For Contempt, W. Wallace Kent
Contempt - Constitutional Law - Pardons - Power Of A Governor To Pardon For Contempt, W. Wallace Kent
Michigan Law Review
Dolan and Quinn were indicted for crime, and while awaiting trial were cited for contempt because of alleged attempts to influence members of the jury panel who might be drawn to sit on the jury in the trials of Dolan and Quinn. They were convicted of contempt and committed to jail, from which they petitioned the governor for pardon. The governor and his council adopted an order requiring the opinion of the justices of the Supreme Judicial Court on the question whether the governor had power to pardon such a contempt. Held, these contempts were criminal in their nature …
Gibbons V. Ogden, Then And Now, Hugh Evander Willis
Gibbons V. Ogden, Then And Now, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
The Achilles Heel Of Constitutional Government In America: The Use And Abuse Of The Public Money Power, O. R. Mcguire
The Achilles Heel Of Constitutional Government In America: The Use And Abuse Of The Public Money Power, O. R. Mcguire
West Virginia Law Review
No abstract provided.
Constitutional Law
Indiana Law Journal
Recent Case Notes: Taxation of Judges' Salaries
Dicey's Law Of The Constitution: A Review, William A. Robson
Dicey's Law Of The Constitution: A Review, William A. Robson
Michigan Law Review
The first edition of this celebrated work appeared in 1885; and such was its vogue until ten or fifteen years ago that there is scarcely anyone over thirty-five years of age who studied law, politics or constitutional history at a university or professional law school in England and the British Dominions who was not "brought up" on Dicey. "Dicey on the Constitution" was regarded for generations not merely as a perfect, accurate and comprehensive statement of the principles of the British system of government; but also as a reliable explanation of its superior virtues and liberties. The book attained an …
Constitutional Law- State Regulation Of Hours Of Labor - Police Power And Due Process, Michigan Law Review
Constitutional Law- State Regulation Of Hours Of Labor - Police Power And Due Process, Michigan Law Review
Michigan Law Review
A South Carolina statute prohibited labor of employees in enumerated manufacturing and mercantile establishments for more than fifty-six hours per week or more than twelve hours in any one day. Plaintiffs were druggists who brought suit to restrain the commissioner of labor from enforcing the statute. A temporary restraining order was issued and the commissioner of labor appealed. Held, the statute was unconstitutional as in violation of the due process and equal protection clauses in both state and federal constitutions. Gasque, Inc. v. Nates, (S. C. 1939) 2 S. E. (2d) 36.
Retroactive Application Of Law-A Problem In Constitutional Law, Edward S. Stimson
Retroactive Application Of Law-A Problem In Constitutional Law, Edward S. Stimson
Michigan Law Review
May an overruling decision be applied to ascertain the legal effect of prior conduct? In cases arising under the diversity of citizenship jurisdiction, the United States Supreme Court has held that the federal courts should apply earlier state court decisions, and not a decision overruling them, whenever the retroactive application of the new rule would adversely affect a party who had changed his position in reliance on the decisions overruled. In the absence of such reliance and change of position it has sustained the retroactive application of a new rule. If the basis of the first principle is elemental fairness …
Constitutional Law - Fourteenth Amendment - Privileges And Immunities Clause - Civil Liberties - The Hague Case, John N. Seaman
Constitutional Law - Fourteenth Amendment - Privileges And Immunities Clause - Civil Liberties - The Hague Case, John N. Seaman
Michigan Law Review
The decisions of the United States Supreme Court in recent years, interpreting the first section of the Fourteenth Amendment, have manifested two striking changes in trend. The first is towards less judicial restraint on governmental regulation of business; that is, towards tolerance of diminished "business liberty." The other is towards greater judicial restraint on governmental interference with individual liberty, commonly called civil liberty. A recent case/ which upheld freedom of speech and assembly and invalidated a city ordinance requiring the obtaining of a permit as prerequisite to a public meeting, not only illustrates the latter of these trends, but is …
The Supreme Court's Duty To Defend The Constitution, George Stewart Brown
The Supreme Court's Duty To Defend The Constitution, George Stewart Brown
Washington Law Review
It is repeatedly claimed in high places that the action of the Supreme Court in declaring acts of Congress unconstitutional is a usurpation on the part of the judges. This assertion is sometimes made by college professors, sometimes by statesmen and sometimes even by lawyers. On the contrary, in exercising that power the Supreme Court merely declares that the will of the people of the several states in ratifying their federal compact shall remain supreme over attempted usurpation of power by their agents in the federal legislature. When John Marshall proclaimed that power in the famous case of Marbury v. …
Judicial Notice Of The Law Of Sister States Under The Full Faith And Credit Clause Of The Federal Constitution, Donald G. Simpson
Judicial Notice Of The Law Of Sister States Under The Full Faith And Credit Clause Of The Federal Constitution, Donald G. Simpson
Washington Law Review
A year ago in the case of State v. Johnson the court approved the admission in evidence of certified photostatic copies of fingerprint records from penitentiaries of Oregon and California to prove the identity of the defendant as a prior inmate of those institutions. The court relied on a federal statute which, under authority of Article IV, § 1, of the Federal Constitution, sets forth the procedure for certification of records that was followed in that case. It therefore became necessary for the court to investigate the laws or usages of the Oregon and California courts to determine whether or …
Constitutional Law - Power Of Legislative Investigating Committee To Supersede Grand Jury, D. M. Swope
Constitutional Law - Power Of Legislative Investigating Committee To Supersede Grand Jury, D. M. Swope
Michigan Law Review
The court of quarter sessions of Dauphin County ordered a grand jury investigation of alleged criminal misconduct by civil officers of the commonwealth. The governor then issued a call for a special session of the legislature. When this body had convened, seven members of the House of Representatives were appointed a committee to investigate the charges against those civil officers liable to impeachment. This committee sought a writ of prohibition to restrain the quarter sessions court from proceeding with the grand jury investigation, in pursuance of a statute enacted at the special session of the legislature giving the legislative investigating …
Constitutional Law - Taxation Of Salaries Of Judges Of The United States, Thomas K. Fisher
Constitutional Law - Taxation Of Salaries Of Judges Of The United States, Thomas K. Fisher
Michigan Law Review
The Revenue Act of 1932 provided that "In the case of Presidents of the United States and judges of courts' of the United States taking office after June 6, 1932, the compensation received as such shall be included in gross income; and all Acts fixing the compensation of such Presidents and judges are hereby amended accordingly." A United States circuit judge, appointed in 1933, was required to include in his tax return the amount of his salary, under the Revenue Act of 1936, which re-enacted the above provision. His claim for refund being rejected, the present suit was brought, and …
Constitutional Law - Validity Of Voting Machine In General Election - Constitutional Construction, Michigan Law Review
Constitutional Law - Validity Of Voting Machine In General Election - Constitutional Construction, Michigan Law Review
Michigan Law Review
Pursuant to statutory provisions the fiscal court of Jefferson County, Kentucky, appropriated $1,000 for renting voting machines to be used in the general election of 1938. The county on relation of its attorneys filed suit for a declaratory judgment on the constitutionality of the statute. The relators appealed from a judgment declaring the act valid. Held, the statute authorizing the use of voting machines in popular elections is a violation of section 147 of the Kentucky Constitution which provides for a "secret official ballot, furnished by public authority to the voters at the polls, and marked by each voter …
Constitutional Law - Mortgages - Moratoria On The Way Out?, Elbridge D. Phelps
Constitutional Law - Mortgages - Moratoria On The Way Out?, Elbridge D. Phelps
Michigan Law Review
As a general proposition, one might perhaps feel prone to quarrel with the statement that "history repeats itself," but there can be little doubt that it applies full well to legislation aimed at relieving hard-pressed debtors in times of financial crises. From our earliest American history, every economic "winter" has provoked a landslide of pro-debtor legislation. Nor have mortgage debtors been overlooked in this regard. The remedies suggested have been as varied and ingenious as human minds could concoct. A brief review of the past decisions indicates that when they could be said to impair the obligation of contract, such …