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Code Civil Précédé De La Constitution Belge, Jean Servais, E. Mechelynck

Civil Codes (1800-1923)

Avec des notes de concordance et de jurisprudence utiles a l’interprétation des textes.

At head of title: Collection des Codes Belges.

Extrait des Codes belges et lois usuelles en vigueur en Belgque, 12e. edition

The Supreme Court's Adjudication Of Constitutional Issues In 1921-1922, Iii

Michigan Law Review

The conundrum, "When is a tax not a tax?" received in Bailey v. Drexel Furniture Co. the answer: When from the face of the statute it appears that a prohibitory or regulatory penalty has been imposed for a departure from a detailed and specified course of conduct in business. Over the dissent of Mr. Justice Clarke, the court condemned as not an exercise of the federal taxing power a provision in the Revenue Act of 1918 imposing an excise of ten per cent of the net profits on all enterprises employing children under designated ages or in excess of designated …

The Admissibility Of Evidence Obtained By Illegal Search And Seizure, G. W. Meuth

Kentucky Law Journal

No abstract provided.

Former Jeopardy, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.

The Constitutions Of The Northwest States, John D. Hicks

Selected Books and Theses

Covers subjects such as the statehood movement; constitutional conventions; the organization of state governments; education and state lands; banks, corporations, and trusts; labor and social legislation; taxation; suffrage and other miscellaneous topics; and admission to the Union. Includes a bibliography. A study in partial fulfillment for a degree of doctor of philosophy at the University of Wisconsin (1916) and reprinted in University Studies, January-April 1923.

Constitutional Law--Licenses, H. C. H.

West Virginia Law Review

No abstract provided.

Procedure And Practice Before The Federal Trade Commission, John Leland Mechem

Michigan Law Review

The Federal Trade Commission, now in its eighth year, has successfully withstood the attacks, judicial and political, which threatened at times to destroy it, or, at least, to render it impotent. The act creating it has been held constitutional; its powers and duties have been defined; the present administration has indorsed it; and the public have come to realize its power for good. As its activities have expanded its influence has become definitely felt by the business world. The increasing interest of both business men and members of the profession warrants a brief exposition of the practice before the Commission, …

The Supreme Court's Adjudication Of Constitutional Issues In 1921-1922, Ii, Thomas Reed Powell

Michigan Law Review

Questions of discrimination in rates or services arising under the Interstate Commerce Act or some of its amendments came before the court in a number of cases without raising any direct constitutional issues. Such an issue, however, was urged against a refusal of the Interstate Commerce Commission to allow a tap line owned by a Lumber company more than $3 per car as its share of the joint rate for traffic over it and the main line, but in Louisiana & P. B. Ry. Co. v. United States the claim that this restriction was so arbitrary as to deny the …

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Has A Person The Constitutional Right To Abstain From Work, William F. Keefer

West Virginia Law Review

No abstract provided.

Constitutional Law-Tax On Employment Of Child Labor

Michigan Law Review

The federal Child Labor Tax Law, Act of February 24, 1919, levied a tax of ten per cent on the net income of persons employing child labor. The act exempts from its operation employers who do not know the child employee to be under age. It also provides for the appointment of inspectors by the Secretary of Labor.

The Supreme Court's Adjudication Of Constitutional Issues In 1921-1922, Thomas Reed Powell

Michigan Law Review

The power of Congress over the territories was involved in three cases. Balzac v. Porto Rico held that Porto Rico has not been "incorporated" into the United States so as to make applicable the constitutional requirement of trial by jury in criminal cases. This had been substantially settled in some of the Insular Cases, leaving only the question whether the situation had since been changed. In holding that it had not, Chief Justice Taft placed chief reliance on the absence of any explicit declaration by Congress and on the fact that in the Organic Act of Porto Rico of March …

The Railway Strike Injunction

Michigan Law Review

The bill in this case was filed by the United States of America against various labor organizations, and officers of such organizations, concerned in the strike of railway shopmen. It alleged (in brief) a conspiracy on the part of defendants to compel the railroads to disregard the wage decision of the Labor Board, by obstructing the transportation of passengers and property in interstate commerce and the carriage of the mails. A temporary restraining order was issued on September 1, and a temporary injunction on September 25. None of the defendants answered the bill, but two of them appeared, moving to …

Compulsory Construction Of New Lines Of Railroad, Kenneth F. Burgess

Michigan Law Review

In the half century of public regulation of railroads in the United States, regulatory legislation has dealt primarily with functions incident to the operation of existing enterprises. The basic concept has been that railroad corporations as common carriers have voluntarily assumed obligations to the public which the public has a right to require to be performed.

Social And Economic Interpretation Of The Fourteenth Amendment, Robert Eugene Cushman

Michigan Law Review

For those who love precision and definiteness the question of the application of the Fourteenth Amendment to social and economic problems remains an irritating enigma. The judicial construction of due process of law and the equal protection of the law has from the first discouraged systematic analysis and defied synthesis. More than one writer has emerged from the study of the problem with a neat and compact set of fundamental principles, only to have the Supreme Court discourteously ignore them in its next case. But paradoxical as it may seem, those who long for a wise and forward-looking solution of …

Due Process And Punishment, Clarence E. Laylin, Alonzo H. Tuttle

Michigan Law Review

To threaten such a man with punishment," wrote Sir James .LFitzjames Stephen,' "is like threatening to punish a man for not lifting a weight which he cannot move."

Note And Comment, Edgar N. Durfee, Cyril E. Bailey, Edwin B. Stason, William C. O'Keefe, Clyde Y. Morris

Michigan Law Review

The Basis of Relief from Penalties and Forfeitures - The equitable principle of relief from penalties and forfeitures is so far elementary as almost to defy analysis. Many, perhaps most, of the judicial explanations of the principle have based it upon interpretation or construction, appealing to the doctrine that equity regards intent rather than form. Yet a logical application of this doctrine would lead to results very different from those which have actually been arrived at in the decisions. Thus, a stipulation in a mortgage that the mortgagor waives his equity of redemption can hardly be interpreted as meaning that …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Admiralty - Workmen's Compensation - Is a Hydroplane a Vessel? - Claimant was employed in the care and management of a hydroplane which was moored in navigable waters. The hydroplane began to drag anchor and drift toward the beach, where it was in danger of being wrecked. Claimant waded into the water and was struck by the propeller. Held, claimant is not entitled to compensation under the Workmen's Compensation Law, since a hydroplane while on navigable waters is a vessel, and therefore the jurisdiction of the admiralty excludes that of the State Industrial Commission. Reinhardt v. Newport Flying Service Corp. …

Indemnity Act Of 1863 A Study In The War-Time Immunity Of Governmental Officers, James G. Randall

Michigan Law Review

One of the familiar measures of the Union administration during the Civil War was the suspension of the habeas corpus privilege and the consequent subjection of civilians to military authority. The essential irregularity of such a situation in American law is especially conspicuous when one considers its inevitable sequel-namely, the protection of military and civil officers from such prosecution as would normally follow invasion of private rights and actual injury of persons and property. Such protection was supplied by a bill of indemnity passed in 1863, and this law, with its amendment of i866, forms a significant chapter in the …

Book Reviews, Nathan Isaacs, Horace Lafayette Wilgus, Arthur H. Basye, Leonard D. White, Victor H. Lane, Edwin D. Dickinson

Michigan Law Review

What does a judge do when he decides a case? It would be interesting to collect the answers ranging from those furnished by primitive systems of law in which the judge was supposed to consult the gods to the ultra-modern, rather profane system described to me recently by a retrospective judge: "I make up my mind which way the case ought to be decided, and then I see if I can't get some legal ground to make it stick." Perhaps the widespread impression is the curiously erroneous one lampooned by Gnaeus Flavius (Kantorowitz). The judge is supposed to sit at …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Carriers of Passengers - Duty to Stop at Station to Permit Passenger to Alight-Contributory Negligence of Passenger Plaintiff's intestate was riding in the front end of a crowded vestibule car in the coach next to the tender of the eengine. When the train stopped at his station he tried to leave by the front end, but found the door from the vestibule closed. As he did not know how to open it, or was unwilling to be carried by his station, he stepped from his platform to the bumper of the tender and tried to follow it to the side …

Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell

Michigan Law Review

Cases Arising under the Constitution or Laws of the United States. The question whether a case presents a "federal question," so called, is raised in a number of the controversies in which the asserted federal question was considered and answered. Only a few of these instances need special mention. In Hartford Life Ins. Co. v. Blincoe,3 after reversal by the Supreme Court of a state judgment against a defendant, a second judgment was rendered by the state court on different grounds. These included holding an assessment on an insurance policy to be void for the inclusion of a state tax …

Methods For Relieving Courts Of Last Resort From The Growing Burden Of Appeals, Edson R. Sunderland

Articles

"At the last meeting of the Michigan State Bar Association, held in Detroit in June, 1920, the question of employing an intermediate appellate court in this state, as a means for relieving the Supreme Court and expediting the disposal of appeals, was discussed at some length, and it was thereupon moved and carried that the whole subject be referred to the Committee on Legislation and Law Reform to be investigated, and that the Committee report upon the matter at the next meeting of the Association."

Note And Comment, George E. Longstaff, George L. Clark, Edwin D. Dickinson

Michigan Law Review

Constitutionality of the LA Follette Amendment to the Internal Revenue Law of 1921 - The United States Senate on November 5, 1921, inserted in the Revenue Act, then before the Senate, a provision that taxpayers in their income tax returns must specify what state and municipal bonds they hold, or else be subject to a penalty of five per cent. That provision was dropped out in conference, but it will come up again, and it is well to look at its constitutionality under the Fourth Amendment to the Constitution prohibiting unreasonable searches.

Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell

Michigan Law Review

While the Constitution does not in terms forbid the United States, as it forbids the states, to pass any law impairing the obligation of contracts, the principle has become established that contracts made by the United States may create rights of which individuals may not be divested. This principle is attached to the Fifth Amendment's prohibition against depriving any person of property without due process of law. In applying this principle, United States v. Northern Pacific Ry. Co.2 held that a grant of land to a railroad to induce its construction is a contract, and that provisions for substituting indemnity …

Constitutionality Of Emergency Rental Regulation, Walter F. Dodd

West Virginia Law Review

No abstract provided.

Ex Post Facto In The Constitution, Oliver P. Field

Michigan Law Review

Any study of the ex post facto clauses of the Constitution NwYh icshtu ddyid onf ott hceo mexm epnocset fwaicthto ac lcaousnessid eorfa titohne oCfo nCstaitludteiro nv'. Bull2 would not conform to good practice. The text writers and the commentators uniformly begin their treatment of ex post facto laws by citing it as the leading case, and setting forth its doctrine. There is singular agreement as to the correctness of the holding of the case.3 The statement given by Cooley is typical: "At an early day it was settled by authoritative decision, in opposition to what might seem the more …

Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell

Michigan Law Review

The difficulty of classifying cases on the police power has not evaporated since the review of decisions for the preceding year. The headings there suggested are used here. Classification on the basis of the objects of the legislation appears too precarious to be attempted with any confidence. It seems safer to work along the line of the subject matters with which the legislation deals. Certain topics are species of a wider genus, and thus the same case may be put in two or more groups. Readers who are dissatisfied with the classification adopted may be assured of the sympathy of …

Constitutional Problems Of Kentucky, Leon P. Lewis

Kentucky Law Journal

No abstract provided.

The Modification Of An Existing Legal Rule As A Denial Of Due Process, Equal Protection, Or Fundamental Principles Of Right And Justice, J. W. M.

West Virginia Law Review

No abstract provided.