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Constitutional Law

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Constitutional Law - Agricultural Adjustment Act - Validity Of Milk Licenses Under Section 8 (3) Apr 1935

Constitutional Law - Agricultural Adjustment Act - Validity Of Milk Licenses Under Section 8 (3)

Michigan Law Review

Pursuant to the authorization of Section 8 (3) of the Agricultural Adjustment Act, the Secretary of Agriculture issued a blanket license in the Baltimore Sales Area whereby the distributors of fluid milk or its products in the current of interstate or foreign commerce were subjected to detailed regulation of production and purchase and resale prices. The plaintiff dairy company, handling milk produced and consumed exclusively within the state, sought an in junction against the enforcement of the license. Held, in granting a final decree, that the plaintiff's activities were not in the current of and that they did not …

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Constitutional Law-Service Of Process-Jurisdiction Over Non-Resident Acquired By Service Upon Resident Agent, Maurice S. Culp Apr 1935

Constitutional Law-Service Of Process-Jurisdiction Over Non-Resident Acquired By Service Upon Resident Agent, Maurice S. Culp

Michigan Law Review

Henry L. Doherty, a non-resident of the State of Iowa, did business within the state under the name of Henry L. Doherty & Co., with a district manager in charge of the office at Des Moines. Under the manager were clerks and salesmen engaged in the business of selling securities. One of these salesmen made an illegal sale to Goodman, and for damages resulting from the transaction Goodman brought suit in 1931, serving in the regular manner in accordance with the provisions of section 11079 of the Iowa Code the district agent at the Des Moines office. Doherty appeared specially …

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Constitutional Law-Police Power-Compulsory Military In Land Grant College Mar 1935

Constitutional Law-Police Power-Compulsory Military In Land Grant College

Indiana Law Journal

No abstract provided.

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The Gold Clause Decisions, John P. Dawson Mar 1935

The Gold Clause Decisions, John P. Dawson

Michigan Law Review

The gold clause decisions of February 18, 1935, have already taken their place among the great landmarks of American constitutional history. They have given a partial answer to some basic questions of constitutional law. Directly they have disposed of claims amounting to a total of many billions of dollars. But their further implications, both for public and private law, are of even greater magnitude; it may be many years before these wider implications are more fully understood.

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Constitutional Law-Validity Of State Anti-Injunction Legislation Mar 1935

Constitutional Law-Validity Of State Anti-Injunction Legislation

Michigan Law Review

The development of organized labor in the United States has created difficult legal and social problems with which the courts and the legislatures are required to deal. The courts were the first to deal with these problems and, rightly or wrongly, attempted to apply to them the existing rules of law. For instance, the rules of property law have been applied. Where organized labor interfered with the carrying of the mail, it was said that the federal government had a property right in the mails. Where the carrying on of a business was interfered with, it was held that the …

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Practice And Procedure-Seventh Amendment-Power Of Federal Court To Increase Inadequate Verdict Mar 1935

Practice And Procedure-Seventh Amendment-Power Of Federal Court To Increase Inadequate Verdict

Michigan Law Review

A jury in a federal court awarded the plaintiff $500 in a personal injury action; he moved for a new trial on the ground of inadequate damages. Having obtained consent of defendant to entry of judgment for $1500, the trial judge denied the motion. Plaintiff appealed. Held, this procedure was a violation of the Seventh Amendment of the Constitution; a new trial must be granted. Dimick v. Schiedt, (U. S. 1935) 55 Sup. Ct. 296.

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Rights In Land - Lateral Support - Statute Increasing Common Law Rights And Duties - Constitutionality Mar 1935

Rights In Land - Lateral Support - Statute Increasing Common Law Rights And Duties - Constitutionality

Michigan Law Review

Plaintiff sued for damages to his building which collapsed during excavating operations on defendant's adjoining land. A Michigan statute makes it the duty of land owners excavating to a depth of 12 feet or more below grade level to furnish sufficient lateral support to protect adjacent land and structures thereon from injury "due to the removed material in its natural state, or due to the disturbance of other existing conditions caused by such excavation," and imposes liability for injuries due to failure to comply with the act. The excavation on defendant's land, reaching a depth of 14 feet below grade …

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Statutes- Constitutional Law - Legislative Action At Special Session Limited By Governor's Message Mar 1935

Statutes- Constitutional Law - Legislative Action At Special Session Limited By Governor's Message

Michigan Law Review

At a special session called by the executive to consider, among other matters, a bill "providing for the validation of bonds issued by a municipality under sufficient popular vote regardless of technical requirements," the legislature enacted a statute permitting validation of bonds even when issued without legal power, and the bill was approved by the governor. Pursuant to the statute, the common council of Detroit, in order to refund the city's bonded debt, approved the validity of the old obligations of the municipality, and petitioned for a writ of mandamus to compel the city controller to issue the refunding bonds …

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Taxation-State Taxes Upon Federal Instrumentalities-Who May Raise Question Of Unconstitutionality Mar 1935

Taxation-State Taxes Upon Federal Instrumentalities-Who May Raise Question Of Unconstitutionality

Michigan Law Review

In connection with the performance of a contract with the federal government, the plaintiff corporation was required to pay a state sales tax on lumber, cement, steel and other materials used in the construction work. An action was brought to enjoin the collection of the tax and to have it declared unconstitutional as impeding and hampering the federal government in the performance of its governmental functions, and as depriving the plaintiff of its property without due process of law. Held, the plaintiff is not a proper party to raise the question of the constitutionality of the tax: first, because …

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Constitutional Law--Legislator's Privilege From Arrest, Ralph M. White Feb 1935

Constitutional Law--Legislator's Privilege From Arrest, Ralph M. White

West Virginia Law Review

No abstract provided.

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Constitutional Law-Double Jeopardy-Identity Of Offenses Feb 1935

Constitutional Law-Double Jeopardy-Identity Of Offenses

Indiana Law Journal

No abstract provided.

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Constitutional Law-Is A Justice Of Peace Court An Impartial Tribunal Feb 1935

Constitutional Law-Is A Justice Of Peace Court An Impartial Tribunal

Indiana Law Journal

No abstract provided.

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Constitutional Law -Validity Of State Recovery Acts Adopting Federal Codes, Paul G. Kauper Feb 1935

Constitutional Law -Validity Of State Recovery Acts Adopting Federal Codes, Paul G. Kauper

Michigan Law Review

Among the interesting problems raised by the enactment of state recovery legislation is the problem growing out of the attempted adoption by the states of the codes of fair competition formulated under the authority of the National Industrial Recovery Act. The validity of such state legislation may be questioned in light of the familiar doctrine of non-delegability of legislative power - a doctrine that has been written into the constitutions of both the federal and state governments by judicial determination. Before considering the application of this doctrine to the problem at hand, it will be well to refer to two …

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The Making And Keeping Of The Constitution, Newton Diehl Baker Feb 1935

The Making And Keeping Of The Constitution, Newton Diehl Baker

James Goold Cutler Lecture

No abstract provided.

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The Delegation Of Federal Legislative Power To Executive Officials, Theodore W. Cousens Feb 1935

The Delegation Of Federal Legislative Power To Executive Officials, Theodore W. Cousens

Michigan Law Review

It will be the purpose of this article to attempt (1) a chronological survey of the previous Supreme Court cases relating to alleged delegations of legislative power, and (2) an analysis and discussion of the Panama Refining Co. decision in the light of this background. No discrimination is made between delegations of state and of federal legislative power, as the Supreme Court makes no such discrimination.

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Creation Of Government Corporations By The National Government, Maurice S. Culp Feb 1935

Creation Of Government Corporations By The National Government, Maurice S. Culp

Michigan Law Review

The federal government has until recently made very little use of the corporation as an agency for executing the laws of Congress. Early in the course of our national development the federal government chartered banks and shared in their ownership, utilizing them in the fiscal operations of the treasury. At various other times the federal government has chartered other corporations under some power granted by the Constitution, particularly railroad corporations under the commerce power. Beginning with the World War the corporate form of administrative agency was utilized to avoid difficulties which would arise if the execution of the war-time activities …

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Taxation-Constitutional Limitations On Sales Taxes Feb 1935

Taxation-Constitutional Limitations On Sales Taxes

Michigan Law Review

There are twenty-three states having general sales tax statutes today. For the most part these statutes have been prompted by the recent economic depression as emergency measures. Most of them are license or privilege taxes, and are of two classes: those of the first type are sales taxes in name only, and consist of taxes upon the privilege of engaging in various occupations, of which selling personal property is but one; those of the second type are taxes solely upon the privilege of selling personal property at retail. Such taxes have met with considerable opposition in the form of litigation, …

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Constitutional Law--Eminent Domain-Public Use Jan 1935

Constitutional Law--Eminent Domain-Public Use

Indiana Law Journal

No abstract provided.

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Judicial Method And The Constitutionality Of The N.I.R.A., Ralph F. Fuchs Jan 1935

Judicial Method And The Constitutionality Of The N.I.R.A., Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

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A Postscript -- The Schechter Case, Ralph F. Fuchs Jan 1935

A Postscript -- The Schechter Case, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

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Redistricting For The Purpose Of Representation, James E. Pate Jan 1935

Redistricting For The Purpose Of Representation, James E. Pate

Kentucky Law Journal

No abstract provided.

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The American Constitutional System--An Experiment In Limited Government, Forrest Revere Black Jan 1935

The American Constitutional System--An Experiment In Limited Government, Forrest Revere Black

Kentucky Law Journal

No abstract provided.

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The Fundamental Rights Of Man, Thomas Frank Konop Jan 1935

The Fundamental Rights Of Man, Thomas Frank Konop

Journal Articles

This article transcribes discourse between Dean Thomas F. Konop of Notre Dame Law School and Mr. James J Boyle of the senior law class. Mr. Boyles begins by inquiring about the rights individuals have and the sources of said rights. Dean Konop delves into a discussion of the history of the law in America. He states that we derive our law from the common law of England, and we find our rights expressed in the common law and the Constitution of England; therefore, we must go to England to look for the basis of our rights. There are four main …

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State And Nation In A Federal System, Louis B. Boudin Dec 1934

State And Nation In A Federal System, Louis B. Boudin

West Virginia Law Review

One of the fundamental problems in a federal system is the problem who should have the deciding voice in the question of the division of power between the State and the Nation. This problem is twofold: First: Is this question to be decided by the component "states" or by the nation or confederacy as a whole? Second: What organ - legislative, executive, or judicial, - should be entitled to speak in the name of the deciding authority, whether that be "state" or "nation"? It is generally assumed that the United States Constitution has solved this problem by giving the United …

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Constitutional Law--Federal Taxation Of State Liquor Monopoly, Robert W. Burk Dec 1934

Constitutional Law--Federal Taxation Of State Liquor Monopoly, Robert W. Burk

West Virginia Law Review

No abstract provided.

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Constitutional Law--Municipal Debt Limit--Bond Issue Payable From Utility Income, Robert Merricks Dec 1934

Constitutional Law--Municipal Debt Limit--Bond Issue Payable From Utility Income, Robert Merricks

West Virginia Law Review

No abstract provided.

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Constitutional Law-Presumptions Of Fact Dec 1934

Constitutional Law-Presumptions Of Fact

Indiana Law Journal

No abstract provided.

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Constitutional Law - Home Owners Loan Corporation Act - Penalties Clause Dec 1934

Constitutional Law - Home Owners Loan Corporation Act - Penalties Clause

Michigan Law Review

An indictment under the penalties clause of the Home Owners Loan Corporation Act, brought before the promulgation of authorization of charges for services rendered, was dismissed on the ground that, prior to such authorization, the act was not sufficiently definite to satisfy the Sixth Amendment to the Constitution of the United States. United States v. Willard, (D. C. W.D.Mich.No.4057, September 27, 1934) 2 U.S.LAW WEEK, index p. 99.

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Constitutional Law-General And Special Laws Nov 1934

Constitutional Law-General And Special Laws

Indiana Law Journal

No abstract provided.

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Injunction-Legality Of Picketing-Constitutional Law Nov 1934

Injunction-Legality Of Picketing-Constitutional Law

Indiana Law Journal

No abstract provided.

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