Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 29101 - 29130 of 29658

Full-Text Articles in Entire DC Network

The Gold Clause Decisions, John P. Dawson Mar 1935

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.

Go to article

Constitutional Law-Validity Of State Anti-Injunction Legislation Mar 1935

Constitutional Law-Validity Of State Anti-Injunction Legislation

Michigan Law Review

The development of organized labor in the United States has created difficult legal and social problems with which the courts and the legislatures are required to deal. The courts were the first to deal with these problems and, rightly or wrongly, attempted to apply to them the existing rules of law. For instance, the rules of property law have been applied. Where organized labor interfered with the carrying of the mail, it was said that the federal government had a property right in the mails. Where the carrying on of a business was interfered with, it was held that the …

Go to article

Constitutional Law--Legislator's Privilege From Arrest, Ralph M. White Feb 1935

Constitutional Law--Legislator's Privilege From Arrest, Ralph M. White

West Virginia Law Review

No abstract provided.

Go to article

Constitutional Law-Is A Justice Of Peace Court An Impartial Tribunal Feb 1935

Constitutional Law-Is A Justice Of Peace Court An Impartial Tribunal

Indiana Law Journal

No abstract provided.

Go to article

The Making And Keeping Of The Constitution, Newton Diehl Baker Feb 1935

The Making And Keeping Of The Constitution, Newton Diehl Baker

James Goold Cutler Lecture

No abstract provided.

Go to article

Creation Of Government Corporations By The National Government, Maurice S. Culp Feb 1935

Creation Of Government Corporations By The National Government, Maurice S. Culp

Michigan Law Review

The federal government has until recently made very little use of the corporation as an agency for executing the laws of Congress. Early in the course of our national development the federal government chartered banks and shared in their ownership, utilizing them in the fiscal operations of the treasury. At various other times the federal government has chartered other corporations under some power granted by the Constitution, particularly railroad corporations under the commerce power. Beginning with the World War the corporate form of administrative agency was utilized to avoid difficulties which would arise if the execution of the war-time activities …

Go to article

The Delegation Of Federal Legislative Power To Executive Officials, Theodore W. Cousens Feb 1935

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.

Go to article

Taxation-Constitutional Limitations On Sales Taxes Feb 1935

Taxation-Constitutional Limitations On Sales Taxes

Michigan Law Review

There are twenty-three states having general sales tax statutes today. For the most part these statutes have been prompted by the recent economic depression as emergency measures. Most of them are license or privilege taxes, and are of two classes: those of the first type are sales taxes in name only, and consist of taxes upon the privilege of engaging in various occupations, of which selling personal property is but one; those of the second type are taxes solely upon the privilege of selling personal property at retail. Such taxes have met with considerable opposition in the form of litigation, …

Go to article

Constitutional Law--Eminent Domain-Public Use Jan 1935

Constitutional Law--Eminent Domain-Public Use

Indiana Law Journal

No abstract provided.

Go to article

The American Constitutional System--An Experiment In Limited Government, Forrest Revere Black Jan 1935

The American Constitutional System--An Experiment In Limited Government, Forrest Revere Black

Kentucky Law Journal

No abstract provided.

Go to article

Redistricting For The Purpose Of Representation, James E. Pate Jan 1935

Redistricting For The Purpose Of Representation, James E. Pate

Kentucky Law Journal

No abstract provided.

Go to article

The Fundamental Rights Of Man, Thomas Frank Konop Jan 1935

The Fundamental Rights Of Man, Thomas Frank Konop

Journal Articles

This article transcribes discourse between Dean Thomas F. Konop of Notre Dame Law School and Mr. James J Boyle of the senior law class. Mr. Boyles begins by inquiring about the rights individuals have and the sources of said rights. Dean Konop delves into a discussion of the history of the law in America. He states that we derive our law from the common law of England, and we find our rights expressed in the common law and the Constitution of England; therefore, we must go to England to look for the basis of our rights. There are four main …

Go to article

Judicial Method And The Constitutionality Of The N.I.R.A., Ralph F. Fuchs Jan 1935

Judicial Method And The Constitutionality Of The N.I.R.A., Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Go to article

A Postscript -- The Schechter Case, Ralph F. Fuchs Jan 1935

A Postscript -- The Schechter Case, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Go to article

State And Nation In A Federal System, Louis B. Boudin Dec 1934

State And Nation In A Federal System, Louis B. Boudin

West Virginia Law Review

One of the fundamental problems in a federal system is the problem who should have the deciding voice in the question of the division of power between the State and the Nation. This problem is twofold: First: Is this question to be decided by the component "states" or by the nation or confederacy as a whole? Second: What organ - legislative, executive, or judicial, - should be entitled to speak in the name of the deciding authority, whether that be "state" or "nation"? It is generally assumed that the United States Constitution has solved this problem by giving the United …

Go to article

Constitutional Law--Federal Taxation Of State Liquor Monopoly, Robert W. Burk Dec 1934

Constitutional Law--Federal Taxation Of State Liquor Monopoly, Robert W. Burk

West Virginia Law Review

No abstract provided.

Go to article

Constitutional Law--Municipal Debt Limit--Bond Issue Payable From Utility Income, Robert Merricks Dec 1934

Constitutional Law--Municipal Debt Limit--Bond Issue Payable From Utility Income, Robert Merricks

West Virginia Law Review

No abstract provided.

Go to article

Constitutional Law - Home Owners Loan Corporation Act - Penalties Clause Dec 1934

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.

Go to article

Constitutional Law-General And Special Laws Nov 1934

Constitutional Law-General And Special Laws

Indiana Law Journal

No abstract provided.

Go to article

Injunction-Legality Of Picketing-Constitutional Law Nov 1934

Injunction-Legality Of Picketing-Constitutional Law

Indiana Law Journal

No abstract provided.

Go to article

Constitutional Law - New Deal Legislation - Gold Hoarding Statute Nov 1934

Constitutional Law - New Deal Legislation - Gold Hoarding Statute

Michigan Law Review

Two cases involving acts of Congress passed in March 1933 to prevent the hoarding of gold' were denied a review by the United States Supreme Court on October 8. Both of these cases involved the same facts. Plaintiff had delivered certain gold bars to a bank for safe-keeping. Later the bank notified him that, pursuant to an executive order by the President of the United States, it would have to surrender the gold. Immediately the plaintiff demanded the return of the bullion, which demand was refused, and he filed bills for specific performance of the bailment contract against the bank …

Go to article

When An Answer Must Be Filed After A Demurrer To A Bill In Equity Is Overruled, Leo Carlin Jun 1934

When An Answer Must Be Filed After A Demurrer To A Bill In Equity Is Overruled, Leo Carlin

West Virginia Law Review

No abstract provided.

Go to article

Constitutional Law-Validity Of Statute Exempting Insurance Benefits From Process For Debts Jun 1934

Constitutional Law-Validity Of Statute Exempting Insurance Benefits From Process For Debts

Michigan Law Review

C, a judgment creditor of W, instituted garnishment proceedings to recover the amount of the judgment out of moneys owed by the X insurance company to W as beneficiary of H's life insurance. Subsequently the Arkansas legislature passed a statute exempting all moneys paid or payable to any resident of the State as the insured or beneficiary designated under any life, sickness, or accident insurance policy, from liability or seizure under judicial process, and provided that such benefits should not be subjected to the payment of any debt. Held, by a unanimous decision of the United …

Go to article

The Constitutionality Of New Deal Measures, Clarence Emmett Manion May 1934

The Constitutionality Of New Deal Measures, Clarence Emmett Manion

Journal Articles

In this article, Clarence Manion warns that to honor the Constitution's form but not its substance is to essentially destroy the document. He opines that "Regulation of persons and things is never justified nor justifiable as an end in itself. Regulation for the sake of regulation is paternalism; but regulation as the only means for individual protection is a bulwark of our traditional American liberty. Regulation finds its only justification in the proof of the fact that it is a necessary means for adequate protection of the citizen's rights.

Go to article

The Interstate Commerce Clause And Nra, Maurice M. Feuerlicht Jr. Apr 1934

The Interstate Commerce Clause And Nra, Maurice M. Feuerlicht Jr.

Indiana Law Journal

No abstract provided.

Go to article

Constitutional Law-Mortgage Moratorium Apr 1934

Constitutional Law-Mortgage Moratorium

Indiana Law Journal

No abstract provided.

Go to article

Constitutional Law-Price-Fixing - Changing Attitudes Apr 1934

Constitutional Law-Price-Fixing - Changing Attitudes

Michigan Law Review

The urgent need for rebuilding and readjusting our economic system has forced the various governments to devise methods by which to achieve those ends. The legislative enactments resulting from the efforts to bring about a "recovery" are destined to be challenged on the due process ground. The public is keenly concerned not alone in the practicality of the methods selected, but in their constitutionality as well. The recent case of Nebbia v. People is not only of interest to the lawyer; it was accepted as "good copy" in leading lay publications. The Supreme Court affirmed the conviction of one Nebbia, …

Go to article

Taxation--Constitutional Law--Due Process Of Law As Prescribing Maximum Limits For Direct Property Taxes, Charles W. Caldwell Apr 1934

Taxation--Constitutional Law--Due Process Of Law As Prescribing Maximum Limits For Direct Property Taxes, Charles W. Caldwell

West Virginia Law Review

No abstract provided.

Go to article

Constitutional Law - Power To Enact Federal Securities Act Of 1933 Apr 1934

Constitutional Law - Power To Enact Federal Securities Act Of 1933

Michigan Law Review

The scope and implications of the Securities Act of 1933 have been set out in a recent issue of this Review. Broadly, the Act regulates the issue and sale of securities by requiring registration thereof with the Federal Trade Commission, by specifying certain data to be included in prospectuses relating to such securities, and by imposing sanctions in the form of penal and civil liabilities. The Act purports to be an exercise of the Congressional power "to regulate . . . commerce among the several states" and "to establish post offices and post roads." Various constitutional questions are involved but …

Go to article

Constitutional Law - Due Process - Fishing Rights In The Public Waters Of Michigan Apr 1934

Constitutional Law - Due Process - Fishing Rights In The Public Waters Of Michigan

Michigan Law Review

The Ne-Bo-Shone Association, Inc., is an Ohio corporation which owns property on both banks of the Pine River for some distance. Following the decision of the Michigan Supreme Court in Collins V. Gerhardt that the stream is navigable and public, the complainant association was ordered to remove obstructions in the stream which hampered the free use of the stream by the public for fishing purposes. Thereupon complainant sought an in junction against certain public officials from taking action to remove these obstructions, claiming that it has the right to exclude the public from this portion of the Pine River, and …

Go to article

First Prev Next Last