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 34261 - 34290 of 35116

Full-Text Articles in Entire DC Network

Limitation Of Actions--Statute Of Limitations Applied To Quasi-Contractual Rights Arising Upon Anticipatory Breach Of An Existing Contract, A. L. B. Feb 1938

Limitation Of Actions--Statute Of Limitations Applied To Quasi-Contractual Rights Arising Upon Anticipatory Breach Of An Existing Contract, A. L. B.

West Virginia Law Review

No abstract provided.


Quasi Contracts--Right Of Contractor To Recover Rent From County For Use Of Property Obtained Under A Contract Void Because Not In Compliance With Constitutional Requirements, J. H. H. Feb 1938

Quasi Contracts--Right Of Contractor To Recover Rent From County For Use Of Property Obtained Under A Contract Void Because Not In Compliance With Constitutional Requirements, J. H. H.

West Virginia Law Review

No abstract provided.


Constitutional Law - Public Works Administration - Validity - Requisite Interest To Challenge Constitutionality, Gerald L. Stoetzer Feb 1938

Constitutional Law - Public Works Administration - Validity - Requisite Interest To Challenge Constitutionality, Gerald L. Stoetzer

Michigan Law Review

After three years of prolonged litigation which has deprived the nation of many intended immediate benefits, another New Deal measure commonly known as the Public Works Administration has withstood the legal attacks persistently made upon it. One of the earliest enactments of the Seventy-third Congress during the present administration, Title II of the National Industrial Recovery Act, passed with the view of directing the country from an economic abyss, recently received judicial sanction in the United States Supreme Court, although Title I of the same act was early attacked and decreed unconstitutional in Schechter Poultry Corp. v. United States. Title …


Taxation - Income Taxation Of Stock Dividends, Wallace Mendelson Feb 1938

Taxation - Income Taxation Of Stock Dividends, Wallace Mendelson

Michigan Law Review

In 1929 a stock dividend was paid to the holders of common stock in preferred stock of the dividend paying corporation, which had both common and preferred stock outstanding at the time the stock dividend was declared and paid. The taxpayer, as a holder of common stock, received his pro rata share of the dividend and subsequently within the same taxable year sold the preferred stock which he had so received as a dividend. Held, that under the Revenue Act of 1928, (1) the receipt of the stock dividend was not a taxable occasion, and ( 2) the basis …


Extent To Which Rights Secured By The First Eight Amendments To The Federal Constitution Are Protected Against State Action By The Fourteenth Amendment Jan 1938

Extent To Which Rights Secured By The First Eight Amendments To The Federal Constitution Are Protected Against State Action By The Fourteenth Amendment

Maryland Law Review

No abstract provided.


The Constitution And Constitutional Tradition, Charles S. Collier Jan 1938

The Constitution And Constitutional Tradition, Charles S. Collier

Kentucky Law Journal

No abstract provided.


The Judicial Veto, Louis A. Warsoff Jan 1938

The Judicial Veto, Louis A. Warsoff

Kentucky Law Journal

No abstract provided.


Constitutional Law - Religious Freedom - Compulsory Salute And Pledge Of Allegiance To Flag By School Children -Validity, Dan K. Cook Jan 1938

Constitutional Law - Religious Freedom - Compulsory Salute And Pledge Of Allegiance To Flag By School Children -Validity, Dan K. Cook

Michigan Law Review

A Massachusetts statute imposed a duty upon each public school teacher to lead his pupils, at least once each week, in a salute and pledge of allegiance to the flag. Petitioner was in his third year as a pupil in the public schools, and, in obedience to his father's commands, refused to participate in the salute and pledge. For such refusal, the school committee expelled the petitioner from the school, and he thereupon submitted a petition for a writ of mandamus, to compel his readmission to the school. Held, that the writ be denied, inasmuch as the statute did …


Constitutional Law - Zoning - Amendment Of Zoning Ordinance As Impairing Vested Rights, Ralph Winkler Jan 1938

Constitutional Law - Zoning - Amendment Of Zoning Ordinance As Impairing Vested Rights, Ralph Winkler

Michigan Law Review

The town plan commission amended the municipal zoning ordinance to permit the erection of an incinerator in a class C residence district. The particular tract upon which the incinerator was to be located had been a municipal garbage dump, and as such, a non-conforming use under the zoning ordinance. The board of health by ordinance declared the garbage dump to be a nuisance. The facts revealed there was an immediate need to dispose of the garbage, etc.; that the erection of an incinerator was the best means of so doing; that the proposed site was a suitable location; that the …


Municipal Corporations - Constitutional Limitations On Amount Of Debts - Obligations Of Other Public Corporations As Debts Of City, Michigan Law Review Jan 1938

Municipal Corporations - Constitutional Limitations On Amount Of Debts - Obligations Of Other Public Corporations As Debts Of City, Michigan Law Review

Michigan Law Review

The city of Troy, New York, had obtained federal aid for a Public Works Administration project involving the erection of a new high school building, conditioned upon the city's supplying $786,000 as its share of the cost. The constitutional debt limitation did not permit the city to borrow this amount. The legislature came to the aid of the city and enacted a law providing that the bonds should be issued as "general obligations" of the city school district by the district's board of education. The act expressly stated that the bonds should not be considered as part of the debt …


The Part Of The United States Constitution Made By The Supreme Court, Hugh Evander Willis Jan 1938

The Part Of The United States Constitution Made By The Supreme Court, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.


Constitutional Law: Sovereign Waiving Privilege Of Immunity From Suit Can Limit The Amount To Be Recovered, B. T. Moynahan Jr. Jan 1938

Constitutional Law: Sovereign Waiving Privilege Of Immunity From Suit Can Limit The Amount To Be Recovered, B. T. Moynahan Jr.

Kentucky Law Journal

No abstract provided.


Constitutional Law--Taxation As Income Of Officer's Salary Exempt From Diminution During Term Of Office, Joseph S. Freeland Jan 1938

Constitutional Law--Taxation As Income Of Officer's Salary Exempt From Diminution During Term Of Office, Joseph S. Freeland

Kentucky Law Journal

No abstract provided.


Constitutional Law--Equal Protection Of The Law--Venue Statutes Distinguishing Between Residents And Non-Residents, Dorothy Salmon Jan 1938

Constitutional Law--Equal Protection Of The Law--Venue Statutes Distinguishing Between Residents And Non-Residents, Dorothy Salmon

Kentucky Law Journal

No abstract provided.


Constitutional Law--Amendments--Validity Of Ratification By A State Which Had Previously Rejected, Steve White Jan 1938

Constitutional Law--Amendments--Validity Of Ratification By A State Which Had Previously Rejected, Steve White

Kentucky Law Journal

No abstract provided.


Constitutional Government, John J. Parker Dec 1937

Constitutional Government, John J. Parker

West Virginia Law Review

No abstract provided.


Constitutional Law--Privileges And Immunities Of Citizens In The Several States--Right Of State To Impost Residence Requirements For Distribution Of Nonintoxicating Beer, H. A. W. Jr. Dec 1937

Constitutional Law--Privileges And Immunities Of Citizens In The Several States--Right Of State To Impost Residence Requirements For Distribution Of Nonintoxicating Beer, H. A. W. Jr.

West Virginia Law Review

No abstract provided.


Eminent Domain - Public Housing And Slum Clearance As A "Public Use", Wayne E. Babler Dec 1937

Eminent Domain - Public Housing And Slum Clearance As A "Public Use", Wayne E. Babler

Michigan Law Review

The recent legislation providing for housing and slum clearance raises the interesting and practical problem of whether a taking of land for such housing and slum clearance purposes by means of an eminent domain proceeding is condemnation for a "public use," within the meaning of that term in eminent domain proceedings. Such a taking was held to be for a public use in the recent case of Spahn v. Stewart.


Constitutional Law - Separation Of Powers - Power Of The Courts And Legislature To Regulate The Practice Of Law And Procedure, Peter S. Boter Nov 1937

Constitutional Law - Separation Of Powers - Power Of The Courts And Legislature To Regulate The Practice Of Law And Procedure, Peter S. Boter

Michigan Law Review

In theory, the doctrine of separation of powers presents a governmental system with spheres of power for each department, separated by clear lines of demarcation. Yet in practice it does not follow that a complete separation of powers could be effected or would be desirable. The concurrent exercise of a power by two coordinate branches of a government may result in conflicting regulations and also in charges that the exercise of the power by one department is an unconstitutional encroachment on the powers to be exercised by another and coordinate department. This situation is present in the concurrent exercise of …


Public Utilities - Constitutionality Of Statute Imposing Regulatory Costs Upon Utilities, Charles W. Allen Nov 1937

Public Utilities - Constitutionality Of Statute Imposing Regulatory Costs Upon Utilities, Charles W. Allen

Michigan Law Review

A state statute imposed an annual fee of one-tenth of one per cent of gross operating revenues upon public utilities. The fees were placed in a state revolving fund used to defray the expenses of administration of the public service law. Plaintiff railroad paid the fees under protest and brought an action to recover that amount, claiming that the act was unconstitutional. The trial court held that the act was unconstitutional on its face. The state supreme court revised this decision, holding that act valid and placing the burden of proof on the plaintiff to show that it had become …


Shall Constitutional Government Endure?, Samuel B. Pettengill Aug 1937

Shall Constitutional Government Endure?, Samuel B. Pettengill

Indiana Law Journal

Address of Hon. Samuel B. Pettengill, Member of Congress, at the Annual Meeting of the Indiana State Bar Association, July 9, 1937


The Commerce Clause Under Marshall, Taney, And Waite, Julius Cohen Jun 1937

The Commerce Clause Under Marshall, Taney, And Waite, Julius Cohen

West Virginia Law Review

No abstract provided.


Constitutional Law--Bankruptcy--Constitutionality Of The Amended Frazier-Lemke Act, H. A. W. Jun 1937

Constitutional Law--Bankruptcy--Constitutionality Of The Amended Frazier-Lemke Act, H. A. W.

West Virginia Law Review

No abstract provided.


Constitutional Law-Convict Made Goods-Interstate Commerce Jun 1937

Constitutional Law-Convict Made Goods-Interstate Commerce

Indiana Law Journal

No abstract provided.


Constitutional Law - Unreasonable Search And Seizure - Unauthorized Examination Of Telegrams, Peter S. Boter Jun 1937

Constitutional Law - Unreasonable Search And Seizure - Unauthorized Examination Of Telegrams, Peter S. Boter

Michigan Law Review

A special committee of the United States Senate, appointed to investigate lobbying activities in connection with the so-called "holding company bill" sought to obtain from telegraph companies, under blanket subpoena duces tecum, all telegrams passing through their offices in Washington from February 1, 1935 to September 1, 1935. When the telegraph companies expressed reluctance to comply with the subpoenas, the Senate Committee sought aid from the Federal Communications Commission. The commission by formal resolution detailed a member of its staff to work with an examiner of the Senate Committee in the examination and copying of the telegrams. Among the messages …


Constitutional Law - Validity Of Minimum Wage Legislation Under The Fourteenth Amendment, Jack L. White Jun 1937

Constitutional Law - Validity Of Minimum Wage Legislation Under The Fourteenth Amendment, Jack L. White

Michigan Law Review

A state statute provided that it should be unlawful to employ women at wages not adequate for their maintenance, and established a commission to fix wages according to such a standard after a public hearing and a conference of representatives of employees and employers, and disinterested persons representing the public. The appellee was employed as a chambermaid in the hotel of appellant at less than the minimum wage prescribed, and brought suit to recover the difference between these amounts. The state court gave judgment for the appellee, and on certiorari the Supreme Court held that the statute was valid and …


A Comparison Of Executive And Judicial Powers Under The Constitutions Of Argentina And The United States, Alexander W. Weddell Jun 1937

A Comparison Of Executive And Judicial Powers Under The Constitutions Of Argentina And The United States, Alexander W. Weddell

James Goold Cutler Lecture

No abstract provided.


Amending The Constitution Article Five: The Keystone Of The Arch, Ralph R. Martig Jun 1937

Amending The Constitution Article Five: The Keystone Of The Arch, Ralph R. Martig

Michigan Law Review

Article V is the keystone of the Constitution. For, by altering its provisions, the process of amendment can be made so rigid as to become impracticable, or so flexible that the instrument can be altered without sufficient thought. Through this article, then, we reach toward every other clause in the Constitution.


Labor Law - Constitutionality Of State Anti-Injunction Acts - Existence Of A "Labor Dispute", Theodore R. Vogt Jun 1937

Labor Law - Constitutionality Of State Anti-Injunction Acts - Existence Of A "Labor Dispute", Theodore R. Vogt

Michigan Law Review

Organized labor has long contested the use of the injunction in labor disputes and since the turn of the century has been active in legislative circles to secure statutory relief from the paralyzing effect of the too-freely granted temporary injunction and restraining order. A substantial step forward was the enactment of the Clayton Act by Congress. Similar legislation was adopted by several states, some before and some after the congressional action. However, the expected benefits to labor did not accrue, for the Supreme Court in Duplex Printing Press Co. v. Deering so narrowly construed the statute as to rob it …


Constitutional Law - The Federal-State System Of Unemployment Compensation Under The Social Security Act, Elbert R. Gilliom Jun 1937

Constitutional Law - The Federal-State System Of Unemployment Compensation Under The Social Security Act, Elbert R. Gilliom

Michigan Law Review

One of the last pieces of New Deal social legislation to receive the judicial sanction of the United States Supreme Court before the end of its epoch-making October 1936 term is the tax imposed on employers of eight or more by Title IX of the Social Security Act of 1935. Through the operation of eleven expressly separable "titles," the comprehensive act (1) authorizes future appropriations to the states for old-age assistance, unemployment compensation administration, aid to dependent children, maternal and child welfare, services for crippled children, public health work, and aid to the blind; (2) establishes a system of federal …