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Articles 29311 - 29340 of 29652
Full-Text Articles in Entire DC Network
Attempts To Nullify The Fourth And Fifth Amendments To The Constitution, John B. Wilson
Attempts To Nullify The Fourth And Fifth Amendments To The Constitution, John B. Wilson
West Virginia Law Review
No abstract provided.
International Law--Treaties--Are The Rum Tretaties Self-Executing?
International Law--Treaties--Are The Rum Tretaties Self-Executing?
Michigan Law Review
On May 22, 1924, the United States concluded a treaty with Great Britain by which the latter power agreed that it would raise no objection to the search and seizure of its ships by American authorities on the high seas, provided there was reason to suspect that such ships were committing or attempting to commit an offense against United States laws, and provided the search and seizure were made within an hour's run of the American coast. In return the United States conceded to British ships the privilege of bringing into its ports liquor in bond in their ship stores. …
Effect Of An Unconstitutional Statute, Oliver P. Field
Effect Of An Unconstitutional Statute, Oliver P. Field
Indiana Law Journal
No abstract provided.
Shrinking Bill Of Rights, Clarence Emmett Manion
Shrinking Bill Of Rights, Clarence Emmett Manion
Journal Articles
The assertion of intrinsic, God given rights correlated with the decline of monarchical power. The United States’ understanding that all men and women are endowed with unalienable rights was a long and hard-fought conclusion. However, this article argues that the Bill of Rights has gradually changed from being the bold guardian of individual liberty originally envisioned. Ironically, this change can be attributed to the courts and the legislature.
Former Jeopardy, L. H. Stephens
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Congress And The Supreme Court, Thomas Frank Konop
Congress And The Supreme Court, Thomas Frank Konop
Journal Articles
In 1924, Plank Five of the Platform of the Independent candidate for President proposed a constitutional amendment that would enable Congress to override judicial review by reenacting a statute. Such an amendment would, of course, run in stark contrast to Chief Justice Marshall’s opinion in Marbury v. Madison. This paper explores nature of this proposed amendment and analyzes the implications of overturning the foundation of judicial power in our tripartite system of government. In sum, the author suggests that judicial review serves as an excellent check on Congress and the temporary passions of the public itself.
Due Process Of Law Under The United States Constitution, Hugh Evander Willis
Due Process Of Law Under The United States Constitution, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Justice And Constables--Civil And Criminal Liability For Unlawful Searches And Seizures, R. T. D.
Justice And Constables--Civil And Criminal Liability For Unlawful Searches And Seizures, R. T. D.
West Virginia Law Review
No abstract provided.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Constitutional Law-Due Process-Compulsory Arbitration Under Kansas Industrial Relations Act
Constitutional Law-Due Process-Compulsory Arbitration Under Kansas Industrial Relations Act
Michigan Law Review
Another interesting chapter has been written in the legal history of the Kansas Court of Industrial Relations, that most interesting attempt to substitute judicial methods for the present condition of strife in the field of industrial dispute, and to recognize the rights of the public as an interested third party in such disputes. In Wolff Packing Co. v. Court of Industrial Relations, U. S. Sup. Ct., Oct. Term, 1924, Nos. 207 and 299, 45 S. Ct. Rep. 441, the Supreme Court of the United States has decided that the Industrial Relations Act, c. 29, LAWS 1920 (KANSAS), SPECIAL SESSION, …
Sterilization Of Mental Defectives, Burke Shartel
Sterilization Of Mental Defectives, Burke Shartel
Michigan Law Review
In 1923 the legislature of Michigan passed an act "to authorize the sterilization of mentally defective persons". This act has recently been sustained in its main provisions by the Michigan supreme court in a case brought to test its constitutionality. Probably the United States Supreme Court will also have an opportunity to pass upon the validity of this law, but the Michigan decision, although not final on the question whether the sterilization of defectives is violative of the "due process clause" of the Fourteenth Amendment, is nevertheless very significant. It is the first instance so far as the writer can …
Freedom Of Speech Under Our Constitution, Abraham Pinsky
Freedom Of Speech Under Our Constitution, Abraham Pinsky
West Virginia Law Review
No abstract provided.
Dual Sovereignty And The Supreme Court, Overton G. Ellis
Dual Sovereignty And The Supreme Court, Overton G. Ellis
Washington Law Review
No abstract provided.
Search Of Automobile Without Warrant--When Reasonable
Search Of Automobile Without Warrant--When Reasonable
Michigan Law Review
The enforcement of the National Prohibition Act has been responsible for raising the search and seizure question to a new height of importance. By Section 26 of that act, any officer discovering any person in the transportation of intoxicating liquors is to seize all such liquors being transported contrary to law. Obviously to secure a search warrant is impossible in the very nature of things the automobile, adapted to speed, is gone long before a warrant could be secured. And the employment of the automobile in the transportation of liquor is carried to such an extent that search and seizure …
Prohibition And The Doctrine Of The Weeks Case, Thomas E. Atkinson
Prohibition And The Doctrine Of The Weeks Case, Thomas E. Atkinson
Michigan Law Review
One of the most disputed present day questions is whether evidence obtained in violation of constitutional guarantees against unreasonable searches and seizures should be admissible. The case of Weeks v. United States is perhaps the leading authority upon the proposition that evidence procured by officers through unreasonable search is not admissible. The holding may be justified upon how theories, vis., (1) that the admission of the evidence substantially violates the rule against self-incrimination in the Fifth Amendment, (2) that the exclusion of the evidence is the only practical means of enforcing the guarantee against unreasonable searches and seizures.
The Judicial Review Of Executive Acts, Albert Levitt
The Judicial Review Of Executive Acts, Albert Levitt
Michigan Law Review
The relation of the judiciary to the executive branch of the Government is a perplexing one. According to the Constitution, the government of the United States is threefold in character, legislative, executive and judicial. Each of these is supposed to be independent of the others. One cannot usurp the function of any one of the others. At the same time, this is a "Government of laws and not of men." It is equally true that this is a government of laws and not of political subdivisions or of the subdivisions of governmental mechanisms. Legislators, executives and judiciary must abide by …
Conflict Of Laws Rules As Constitutional Limitations
Conflict Of Laws Rules As Constitutional Limitations
Michigan Law Review
With the constant growth of the United States as a commercial nation, it has been inevitable that state lines should figure in business transactions to an ever diminishing extent. Business relations, keeping pace with the rapid development of modem means of transportation, have increasingly assumed an interstate aspect. With this extension of commercial dealings, the question of the legal rights of the parties so engaged has frequently arisen. Diversity of local rules of law has led to much litigation and disagreement. Differences in local rules might be overcome through the services of competent commercial lawyers, and contracts might then be …
A Monograph On Religious Freedom, Benjamin G. Reeder
A Monograph On Religious Freedom, Benjamin G. Reeder
West Virginia Law Review
No abstract provided.
Crimes-Arrest-Reasonable Cause To Believe
Crimes-Arrest-Reasonable Cause To Believe
Michigan Law Review
The admission of evidence was objected to, in a recent case, on the ground that it had been illegally secured. Officers had arrested the defendant without a warrant, on a charge of illegally transporting liquor. He was in fact guilty of the offense for which arrested, but contended that the evidence secured by the arrest could not be used. The circuit court of appeals phrased the issue thus : ''Was there probable cause for the officers to believe (that the felony was being committed), or were the facts sufficient to give rise merely to a suspicion thereof? If the former, …
Distinction Between Governmental And Proprietary Functions Of Municipal Corporations, Delmar W. Doddridge
Distinction Between Governmental And Proprietary Functions Of Municipal Corporations, Delmar W. Doddridge
Michigan Law Review
There are many places in the law where the making of a distinction has resulted in a difficulty in application that has greatly increased litigation, but there are few places where this is more true than in the distinction made between the governmental and the proprietary functions of municipal corporations. The distinction has taken a firm grip upon the law of municipal corporations and seems well settled, although its propriety as applied to particular subjects may be doubted. The terminology of the distinction is in itself productive of doubt, the function or duty in the one branch being denominated "governmental", …
Early Frontier Democracy In The First Kentucky Constitution, E. Merton Coulter
Early Frontier Democracy In The First Kentucky Constitution, E. Merton Coulter
West Virginia Law Review
No abstract provided.
Constitutional Law-Restricting Liberty Without Due Process Of Law-Extorted Confessions
Constitutional Law-Restricting Liberty Without Due Process Of Law-Extorted Confessions
Michigan Law Review
Of recent years the administration of criminal justice has increased many-fold, owing to the constantly increasing size of our great cities and the period of growing social unrest in which we find ourselves. Public opinion has demanded a more effective mode of dealing with those who break the law with seeming impunity. In view of this attitude it is only natural that in a particularly baffling crime the police should seek to obtain some clue of the criminals by grilling suspects. This has resulted in many cases in acts which to say the least are over-zealous. In a recent case …
Our Constitutional Prohibition Against Unreasonable Searches And Seizures, Flem D. Sampson
Our Constitutional Prohibition Against Unreasonable Searches And Seizures, Flem D. Sampson
Kentucky Law Journal
No abstract provided.
The Pardon Power, Orie S. Ware
Constitutionality Of Zoning Ordinances, George W. Meuth
Constitutionality Of Zoning Ordinances, George W. Meuth
Kentucky Law Journal
No abstract provided.
Constitutional Validity Of Statute Barring Negroes From Primary Elections
Constitutional Validity Of Statute Barring Negroes From Primary Elections
Michigan Law Review
The history of suffrage in the South during the last thirty-five years has been largely a story of the adoption and administration of discriminatory regulations devised to catch the negro without debarring any considerable number of white people. This legal disfranchisement has been accomplished by property or educational qualifications possessed generally by whites but not by negroes, or by giving a great deal of discretion to election and registration officials, who, understanding what is expected of them, find quite uniformly that the negroes do not meet the requirements while the white applicants generally do. How the letter of the Fifteenth …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Religious Freedom Under Our Constitution, William Bruce Hoff
Religious Freedom Under Our Constitution, William Bruce Hoff
West Virginia Law Review
No abstract provided.