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Constitutional Law

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The Constitutionality Of The American Legion Plan To Perpetuate Peace, Paul V. Mcnutt, Ralph T. O'Neil, C. B. Robbins Apr 1932

The Constitutionality Of The American Legion Plan To Perpetuate Peace, Paul V. Mcnutt, Ralph T. O'Neil, C. B. Robbins

Indiana Law Journal

The popularly named "Universal Draft" bill espoused by the American Legion was the occasion of extended hearings before the War Policies Commission in March, 1931. During those hearings many questions were raised concerning the powers of the Congress and of the President. The material of this article was incorporated in a memorandum prepared and filed in response to those questions by Mr. McNutt, Mr. O'Neil and Colonel Robbins, acting on behalf of the American Legion. Mr. McNutt and Mr. O'Neil are Past National Commanders of the Legion and are members of the Indiana and Nebraska bars, respectively. Colonel Robbins is …

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Constitutional Law-Compelling Witness Duty From Absent Nationals Apr 1932

Constitutional Law-Compelling Witness Duty From Absent Nationals

Michigan Law Review

In proceedings taken under the so-called Walsh Act the petitioner, Blackmer, a United States citizen residing in France, was found guilty of contempt for failure to respond to subpoenas issued out of a federal court and served on him in France by a United States consul requiring him to appear as a witness in that court. See 30 MICH. L. REV. 137 (1931) for a more detailed statement of the facts. By a unanimous decision (Mr. Justice Roberts not participating) the United States Supreme Court recently held that the contempt decree be affirmed, thus sustaining the constitutionality of the Walsh …

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Equity- Constitutional Law - Power Of Legislature To Change Equitable Doctrines Mar 1932

Equity- Constitutional Law - Power Of Legislature To Change Equitable Doctrines

Michigan Law Review

A Nebraska statute provided that in case of insolvency of a state bank the general depositors, subject to prior liens for taxes, have a first lien on all assets of the bank. A bank converted a note deposited for a special purpose, and indistinguishably mingled the proceeds with the general assets of the bank before insolvency. The deposit was held to have created a trust and the cestui was allowed to recover the amount of the note (trust fund) as a preferred claim upon the general assets of the bank. To the argument that this statute prohibited the imposition of …

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Constitutional Law - Extent Of State Police Power In Protection Of Public Health Mar 1932

Constitutional Law - Extent Of State Police Power In Protection Of Public Health

Michigan Law Review

An Illinois statute prohibited the manufacture or sale of milk to which had been added any fat or oil other than milk fat. The defendant was engaged in manufacturing for sale outside of the state a product composed of skimmed milk and cocoanut oil which was not deleterious to health in any way. When it was sought to recover the penalty imposed by the statute for its violation, it was claimed that the law was unconstitutional in that it deprived the defendant of property without due process of law. The court held that the statute was an invalid exercise of …

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Constitutional Law--Separation Of Powers--Water Power Act, Bernard Sclove Feb 1932

Constitutional Law--Separation Of Powers--Water Power Act, Bernard Sclove

West Virginia Law Review

No abstract provided.

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The Constitution And The International Labor Conventions, Harold W. Stoke Feb 1932

The Constitution And The International Labor Conventions, Harold W. Stoke

Michigan Law Review

The International Labor Organization, since its establishment in 1919, has become one of the most active of the international institutions of the post-war period. It was founded upon that provision of the Treaty of Versailles which binds each signatory nation and those which should later join the organization to endeavor to secure and maintain fair and humane conditions of labor for men, women and children, both in their own countries and in the countries to which their commercial and industrial relations extend.

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Intoxicating Liquors-Constitutional Law-Criminal Law-Double Jeopardy Feb 1932

Intoxicating Liquors-Constitutional Law-Criminal Law-Double Jeopardy

Indiana Law Journal

No abstract provided.

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Presumptions - Constitutional Validity Of Statute Establishing Proof Of Reputation As Prima Facie Evidence Of Commission Of Crime Feb 1932

Presumptions - Constitutional Validity Of Statute Establishing Proof Of Reputation As Prima Facie Evidence Of Commission Of Crime

Michigan Law Review

The rise and sway of the gangster as a menace to American social and economic security has led, of late, to the employment of unique means of combating lawlessness. Faced by a tremendous increase in the difficulties lying in the path of those seeking the conviction of professional criminals for major crimes, the police and prosecutors often turn towards a means of fighting crime originally devised to make life uncomfortable for petty off enders. The enforcement of the pistol laws and the vagrancy statutes against millionaire gangsters, and repeated arrests on suspicion, have been resorted to as a means of …

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Constitution For The State Of Indiana, Hugh E. Willis Jan 1932

Constitution For The State Of Indiana, Hugh E. Willis

Articles by Maurer Faculty

No abstract provided.

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The Doctrine Of Judicial Review, F. R. Aumann Jan 1932

The Doctrine Of Judicial Review, F. R. Aumann

Kentucky Law Journal

No abstract provided.

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Foreign Diplomats And The Prohibition Laws, Lawrence Preuss Jan 1932

Foreign Diplomats And The Prohibition Laws, Lawrence Preuss

Michigan Law Review

Notwithstanding the general and inclusive nature of the Eighteenth Amendment and of the enforcement legislation enacted under its terms, the executive departments of the national government have acted on the assumption that foreign diplomats are exempted from the operation of the prohibition laws, and have issued regulations by which the importation of liquor by members of this class is permitted. According to statements of the responsible officers concerned, this privilege is based upon "international comity and usage," and upon "the established principles of international Jaw and the statutes of the United States, including the provisions of sections 4063-4065 of the …

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Constitutional Law - Freedom Of The Press - Restraints On Publication, Maurice S. Culp Dec 1931

Constitutional Law - Freedom Of The Press - Restraints On Publication, Maurice S. Culp

Michigan Law Review

A recent Supreme Court decision establishes a new concept of freedom of the press, and adds new meaning to the liberty safeguarded by the Fourteenth Amendment. The defendant, Near, was enjoined from publishing his newspaper because it was alleged that the paper was largely devoted to the publication of malicious, scandalous, and defamatory articles about the grand jury, public officials, and others. The injunction was granted pursuant to a statute which made the publication of a malicious, scandalous, or defamatory newspaper, magazine, or periodical a nuisance subject to abatement by injunction. The Supreme Court of the United States decided that …

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The Amendments Proposed By The West Virginia Constitutional Commission, Kemble White Dec 1931

The Amendments Proposed By The West Virginia Constitutional Commission, Kemble White

West Virginia Law Review

No abstract provided.

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Constitutional Law--Compelling Witness Duty From Absent Nationals Nov 1931

Constitutional Law--Compelling Witness Duty From Absent Nationals

Michigan Law Review

One Blackmer, a citizen of the United States wanted as a witness in the prosecution of Fall and Sinclair, removed to France. Primarily for the purpose of compelling him to return as a witness, Congress enacted, in 1926, the statute commonly known as the Walsh Act. This act provides that whenever the Attorney General or any assistant or district attorney acting under him desires as a witness in a criminal action a person abroad who is a "citizen of the United States or domiciled therein," a subpoena may be issued addressed to a United States consul to be served by …

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The Appointing And Removal Powers Of The President Under The Constitution Of The United States, Guy Despard Goff Nov 1931

The Appointing And Removal Powers Of The President Under The Constitution Of The United States, Guy Despard Goff

James Goold Cutler Lecture

No abstract provided.

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"Questions Of Law" In Lake Cargo Coal Rate Regulation, David F. Cavers Jun 1931

"Questions Of Law" In Lake Cargo Coal Rate Regulation, David F. Cavers

West Virginia Law Review

No abstract provided.

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The Revival Of Natural Law Concepts, George Shipman Jun 1931

The Revival Of Natural Law Concepts, George Shipman

West Virginia Law Review

No abstract provided.

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Constitutional Law-Police Power-Prohibition Of Manufacture Of Mattresses Of Shoddy Jun 1931

Constitutional Law-Police Power-Prohibition Of Manufacture Of Mattresses Of Shoddy

Indiana Law Journal

No abstract provided.

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Constitutional Law-Taxation Jun 1931

Constitutional Law-Taxation

Indiana Law Journal

No abstract provided.

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Review: The Revival Of Natural Law Concepts, Fowler Vincent Harper May 1931

Review: The Revival Of Natural Law Concepts, Fowler Vincent Harper

Michigan Law Review

A Book Review of THE REVIVAL OF NATURAL LAW CONCEPTS By Charles Grove Haines.

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Constitutional Law-Municipal Corporations-Police Power May 1931

Constitutional Law-Municipal Corporations-Police Power

Michigan Law Review

The defendants circulated, on the streets of Milwaukee, hand bills which set forth the political and economic views of their group. An ordinance made it unlawful for any person "to circulate or distribute any circular, hand bills, cards, posters, dodgers, or other printed or advertising matter, * * * in or upon any sidewalk, street, * * * or other public place, park or ground within the City of Milwaukee." The defendants were arrested and convicted of violating this ordinance. There was no charge that the ordinance was enforced in any unreasonable or discriminatory manner, or that its purpose was …

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Constitutional Law--Legislative Regulation Of Fees Charged By Employment Agencies, Henry P. Snyder Apr 1931

Constitutional Law--Legislative Regulation Of Fees Charged By Employment Agencies, Henry P. Snyder

West Virginia Law Review

No abstract provided.

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Intoxicating Liquors-Liability Of Purchaser To Federal Prosecution Mar 1931

Intoxicating Liquors-Liability Of Purchaser To Federal Prosecution

Michigan Law Review

Considering the tremendous amount of public interest evinced in all cases arising under the Eighteenth Amendment and the Volstead Act, it seems strange, at first glance, that more attention has not been paid by the courts to the purchaser of intoxicating beverages. Since the passage of the National Prohibition Act the dockets have been crowded with cases dealing with the sale, manufacture, and transportation of intoxicants, but it was not until ten years after the passage of the Act that the United States Supreme Court was asked to consider the legality of the purchase of liquor as such. The question …

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Constitutional Law-Banks And Banking Mar 1931

Constitutional Law-Banks And Banking

Indiana Law Journal

No abstract provided.

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What Will Become Of Prohibition, Clarence Emmett Manion Mar 1931

What Will Become Of Prohibition, Clarence Emmett Manion

Journal Articles

Because of the substantial minority support for Prohibition and the Eighteenth Amendment, this article suggests that it would difficult, if not impossible, to repeal the amendment despite the fact that 3 in 5 Americans would support its repeal. The article looks at potential options of lessening the impact of the Eighteenth Amendment, including removing penalties for it, repealing State enforcement acts, and forbidding nullification of search warrant requirements. Finally, it looks at the quality of liquor as a solution to an "unusually interesting" and "ultimately worthwhile" problem.

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Constitutional Law-Due Process-Police Power-Junk Yards Mar 1931

Constitutional Law-Due Process-Police Power-Junk Yards

Michigan Law Review

The City of Ashland, Kentucky, acting under a specific power to license and regulate junk yards granted to it by the legislature under section 3058-2 Ky. Stat. (Carroll, 1922) passed an ordinance requiring applicants for licenses to operate junk yards within the city of Ashland. "to make and execute with the Clerk of the City of Ashland, Kentucky, a permit signed by the applicant providing that the Police Department * * * may inspect and search the said shop or place of business." The appellant complied with all other requirements, but refused to execute the permit: Because the clerk would …

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Constitutional Law-Due Process-Revocationof Driver's License Mar 1931

Constitutional Law-Due Process-Revocationof Driver's License

Michigan Law Review

Petitioner's license was suspended under a statute which provided that if a judgment for personal injuries or property damage resulting from the ownership or operation of an automobile remained unpaid fifteen days after it became final, the driver's license should be revoked or suspended until payment and until proof offered of ability to pay future claims. Arrested and jailed for driving without a license, petitioner sought release by writ of habeas corpus on the ground that the statute was unconstitutional. Held, that the operation of the statute was discriminatory and based on an unnatural classification; petitioner discharged. Ex parte …

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Review Of The Constitution And What It Means Today By Edward S. Corwin, Clarence Emmett Manion Mar 1931

Review Of The Constitution And What It Means Today By Edward S. Corwin, Clarence Emmett Manion

Journal Articles

This is the fourth edition of a small and practical volume intended not so much for law students as for the information of the general public. Students of Constitutional Law will -find this book helpful in pursuing the study of the Constitution in its natural sequence, a procedure that is well-nigh impossible in the ordinary law courses dealing with the subject of Constitutional Law.

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Review Of Cases On Constitutional Law By Dudley O. Mcgovney, Clarence Emmett Manion Mar 1931

Review Of Cases On Constitutional Law By Dudley O. Mcgovney, Clarence Emmett Manion

Journal Articles

This is an up-to-date case book sufficiently condensed to make it serviceable with certain discriminating eliminations for semester courses in Constitutional Law. The most decided advantage that a case book on Constitutional Law can have is flexibility of outline. Professor McGovney's text has this feature.

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The Declaratory Judgment In The United States, Edwin M. Borchard Feb 1931

The Declaratory Judgment In The United States, Edwin M. Borchard

West Virginia Law Review

No abstract provided.

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