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Constitutional Law

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Articles 34021 - 34050 of 34484

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Constitutional Law--Unreasonable Searches And Seizures--Admissibility Of Evidence, Anne Slifkin Dec 1928

Constitutional Law--Unreasonable Searches And Seizures--Admissibility Of Evidence, Anne Slifkin

West Virginia Law Review

No abstract provided.


The Inquiring Mind, Harold C. Havighurst Dec 1928

The Inquiring Mind, Harold C. Havighurst

West Virginia Law Review

No abstract provided.


Workmen's Compensation Act: Effect Of An Advisory Opinion Of Appellate Court Declaring An Act Unconstitutional, Bernard C. Gavit Nov 1928

Workmen's Compensation Act: Effect Of An Advisory Opinion Of Appellate Court Declaring An Act Unconstitutional, Bernard C. Gavit

Indiana Law Journal

No abstract provided.


Due Process Of Law In State Labor Legislation, Fowler Vincent Harper Jun 1928

Due Process Of Law In State Labor Legislation, Fowler Vincent Harper

Michigan Law Review

With this material in mind, is it possible to arrive at any useful conclusions as to what constitutes due process of law in labor legislation? In each group of cases, there seem to be two distinct, though inseparable functions of the judicial process of reviewing the legislation in question. The courts, in brief, are arriving at conclusions both of fact and of law. The impression was, at one time prevalent that the extent of review of certain types of labor legislation was limited to the reasonableness of the' statute as respects the end sought and the means of attaining that …


Due Process Of Law In State Labor Legislation, Fowler Vincent Harper May 1928

Due Process Of Law In State Labor Legislation, Fowler Vincent Harper

Michigan Law Review

State interference with conditions of employment, as determined by the strength of the contracting parties, by imposing requirements calculated to protect the safety and health of employees, has not been without interruption from the courts. In the earlier cases, when organized labor was not strong enough to enforce the most reasonable demands without assistance from the legislature, the courts were wont to look with astute eye upon the infringement of liberty of contract thus resulting. When the reasoning started with the assumption that liberty of contract was the rule and the employment of the police power of the State the …


Cases On Constitutional Law, With Supplement, By James Parker Hall, Paul L. Sayre May 1928

Cases On Constitutional Law, With Supplement, By James Parker Hall, Paul L. Sayre

Indiana Law Journal

No abstract provided.


Our Continuous Conflict, Clarence E. Martin Apr 1928

Our Continuous Conflict, Clarence E. Martin

West Virginia Law Review

No abstract provided.


Constitutional Law-Eminent Domain-Judcial Review By Certiorari Apr 1928

Constitutional Law-Eminent Domain-Judcial Review By Certiorari

Michigan Law Review

In a previous number of this volume the holding of the supreme court of Michigan was discussed wherein sections 1 and 2, article 13, of the constitution of 1908 were held to make necessity as well as compensation a judicial question in eminent domain cases. Accordingly, in that case, the court held that the feature of the statute (P. A. 1925, No. 352) authorizing the state highway commissioner to make a conclusive determination of necessity, without notice and hearing to the landowner, and without judicial review, was unconstitutional.


Due Process Of Law In State Labor Legislation, Fowler Vincent Harper Apr 1928

Due Process Of Law In State Labor Legislation, Fowler Vincent Harper

Michigan Law Review

Any regulation on the part of the state of the relations between the laborer and his employer must necessarily deprive the one or the other of his liberty or property, by interfering with his freedom to contract. The protection of freedom of contract which the Constitution affords is not, however, an absolute right. There is nothing necessarily unconstitutional about such legislation unless it is "without due process of law." In other words, legislation of this kind is usually a valid regulation if it can be justified as coming within the due process of law provision.


The Doctrine Of "Hot Pursuit"--A New Application Mar 1928

The Doctrine Of "Hot Pursuit"--A New Application

Michigan Law Review

A recent decision of the United States District Court for the District of South Carolina involves a point apparently unique in the records of international law. The Vinces, a schooner of British registry, laden with a cargo of intoxicating liquors not under seal, was discovered by the United States Coast Guard cutter Mascoutin seven and one-half miles off the coast and within one hour's sailing distance from the United States headed in the direction of land. On being hailed by the Mascoutin, the Vinces turned about and headed for the high seas. The cutter followed in continuous chase and overtook …


Handbook Of American Constitutional Law, By Henry Campbell Black (4th Ed.), Paul L. Sayre Mar 1928

Handbook Of American Constitutional Law, By Henry Campbell Black (4th Ed.), Paul L. Sayre

Indiana Law Journal

No abstract provided.


The Living Constitution, Ivan M. Stone Mar 1928

The Living Constitution, Ivan M. Stone

Indiana Law Journal

No abstract provided.


The Scope Of The Constitutional Immunity Against Searches And Seizures, John E. F. Wood Feb 1928

The Scope Of The Constitutional Immunity Against Searches And Seizures, John E. F. Wood

West Virginia Law Review

No abstract provided.


Constitutional Law-Methods Of Testing The Constitutionality Of Rate Status Involving Heavy Penalties Feb 1928

Constitutional Law-Methods Of Testing The Constitutionality Of Rate Status Involving Heavy Penalties

Michigan Law Review

Where a state statute prescribes maximum intrastate railroad rates and also attaches heavy penalties for violations of the statute by a railroad or its agents, and where a railroad thinks the rates are confiscatory and hence unconstitutional, it is faced with an apparent dilemma. Must it either submit to the supposed confiscatory rates or else run the chance of incurring heavy penalties in case the statute is held constitutional? Or, is there another alternative-a painless way of testing the validity of the rates?


Constitutional Law--Interstate Commerce--Injunctions Restraining Interference Therewith, Clifford R. Snider Feb 1928

Constitutional Law--Interstate Commerce--Injunctions Restraining Interference Therewith, Clifford R. Snider

West Virginia Law Review

No abstract provided.


The American Conception Of Judicial Control, Forrest Revere Black Jan 1928

The American Conception Of Judicial Control, Forrest Revere Black

Kentucky Law Journal

No abstract provided.


The Banking Clauses In The Constitution Of Iowa, Frank Edward Horack Jr. Jan 1928

The Banking Clauses In The Constitution Of Iowa, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.


Due Process Of Law In State Labor Legislation, Pt. 1, Fowler V. Harper Jan 1928

Due Process Of Law In State Labor Legislation, Pt. 1, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.


Due Process Of Law In State Labor Legislation, Pt. 3, Fowler V. Harper Jan 1928

Due Process Of Law In State Labor Legislation, Pt. 3, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.


The Contract Clause Of The United States Constitution, Raymond T. Johnson Jan 1928

The Contract Clause Of The United States Constitution, Raymond T. Johnson

Kentucky Law Journal

No abstract provided.


Liberty And The Police Power, Clarence Emmett Manion Jan 1928

Liberty And The Police Power, Clarence Emmett Manion

Journal Articles

The American citizen now has practically no rights of person or property that neither Congress nor the State legislature may not impair by legislation. The adoption of the Articles of Confederation and the Federal Constitution served merely to transfer to the Federal government certain powers formerly exercised by the individual States. When all individuals were protected in the exercise of their respective rights it was never supposed that the rights of the individual were to be protected or approached through the avenues of legislation dictated by majority opinions as to what is now and again for the "general good". The …


Revocation Of Building Permits, Joseph O'Meara Jan 1928

Revocation Of Building Permits, Joseph O'Meara

Journal Articles

There is considerable confusion in text books and decisions in the use of the expression "vested interest", the same being sometimes used as though the owner of a vested interest becomes completely immune from legislation. Theoretically, as a building permit does not create a vested interest nor property right, no amount of expenditure in reliance on a building permit can create such a vested interest or property right as to effect a limitation upon the exercise of the police power. The problem is to devise a formula which, while meeting the objections to the scintilla rule, will put the judge …


Book Reviews Jan 1928

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.


Constitutional Law--Gaming Devices--Public Policy--When Court May Determine, Mose Edwin Boiarsky Dec 1927

Constitutional Law--Gaming Devices--Public Policy--When Court May Determine, Mose Edwin Boiarsky

West Virginia Law Review

No abstract provided.


The Scope Of The Constitutional Immunity Against Searches And Seizures, John E. F. Wood Dec 1927

The Scope Of The Constitutional Immunity Against Searches And Seizures, John E. F. Wood

West Virginia Law Review

No abstract provided.


Constitutional Law-Eminent Domain-Michigan Constitutional Provision Dec 1927

Constitutional Law-Eminent Domain-Michigan Constitutional Provision

Michigan Law Review

The necessity for the exercise of the power of eminent domain in a given case is a legislative question into which the courts cannot inquire, unless an abuse of legislative power is asserted. This results from the very nature of the power to take property for a public use, which power in itself is inherent in sovereignty. When the legislature determines to take a piece of property it is exercising the power in the normal manner. If the use is public, no further determination is necessary once the legislative decision is made. The real reason for the rule would seem …


Unconstitutional Conditions And State Powers, S. Chesterfield Oppenheim Dec 1927

Unconstitutional Conditions And State Powers, S. Chesterfield Oppenheim

Michigan Law Review

The genesis and development of the so-called doctrine of unconstitutional conditions represent a phase of the general problem of the division of state and federal powers. Its importance was first recognized in the series of cases dealing with the power of the state over foreign corporations seeking to do business within its borders, for it was in those decisions that the Supreme Court moderated the absolutism of the principle announced in Paul v. Virginia, by the indefinite qualification that the conditions of admission must not be "repugnant to the Constitution or laws of the United States".


Book Reviews Dec 1927

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.


Constitutional Law-Taxation Of Foreign Corporations Dec 1927

Constitutional Law-Taxation Of Foreign Corporations

Michigan Law Review

The constitutional limitations on the power of the states to tax foreign corporations present many intricate questions. In general it may be said that a state may tax foreign corporations the same as it may tax domestic corporations, but subject to the limitations found in the commerce clause and the Fourteenth Amendment of the Federal Constitution. The commerce cause takes certain subjects out of the realm of state taxation altogether. The state cannot directly impose a burden of any sort upon interstate commerce. It cannot even lay an excise on the privilege of doing intrastate business if the basis includes …


The Living Constitution, T. W. A. Dec 1927

The Living Constitution, T. W. A.

West Virginia Law Review

No abstract provided.