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Articles 11941 - 11970 of 12608
Full-Text Articles in Entire DC Network
The New Federal Rules And Indiana Procedure (Part Ii), Bernard C. Gavit
The New Federal Rules And Indiana Procedure (Part Ii), Bernard C. Gavit
Indiana Law Journal
No abstract provided.
The Development And Evaluation Of Judicial Review [Part 2], C. Perry Patterson
The Development And Evaluation Of Judicial Review [Part 2], C. Perry Patterson
Washington Law Review
In the previous portion of this article, Mr. Patterson attributed the American Revolution to the tyrannies resulting from the failure of the British government to provide for judicial review of acts of the central government as well as of the acts of the local governments. After noting a resulting desire among the former colonists to substitute constitutional supremacy for legislative supremacy, Mr. Patterson observed the use of judicial review in the courts of several of the states prior to the Convention of 1787, pointed out the embodiment of its principles in the enactments of the Congress of the Confederation in …
The Lookout: The Lookout Reports That These Questions Are Now Before The Supreme Court, Anon
The Lookout: The Lookout Reports That These Questions Are Now Before The Supreme Court, Anon
Washington Law Review
The Journal expects to establish "The Lookout" as a regular department to keep the Bar advised as to interesting and important questions pending in the Supreme Court of this state. The information is not furnished by the Court but is compiled from the briefs now on file with the clerk. The Journal suggests that attorneys desiring more complete information should communicate with counsel. This does not purport to be a complete survey of all questions now pending, but if the Bar evidences sufficient interest in this service it will be extended to include, as far as possible, all questions pending …
Jury - False Or Misleading Answers On Voir Dire As Grounds For A New Trial, James H. Kilbourne
Jury - False Or Misleading Answers On Voir Dire As Grounds For A New Trial, James H. Kilbourne
Michigan Law Review
Defendant, a striking employee, was convicted of breach of the peace arising out of an assault on non-striking employees. Immediately preceding his trial the jurors had been interrogated on voir dire in a similar case. Counsel for defendant stated he would rely in part on that examination. In it the jurors had been asked whether they had either friends or relatives working at the strike-bound plant. Juror A failed to disclose that his brother was a non-striking employee, though he admitted his niece was. Juror B failed to disclose that a friend who had previously lived with him for a …
Equity - Contempt - Duration Of Imprisonment, Michigan Law Review
Equity - Contempt - Duration Of Imprisonment, Michigan Law Review
Michigan Law Review
Defendant, a trustee, refused to comply with a court order to turn over certain property to a receiver appointed by the court. She also refused to answer proper questions in a proceeding before a master. She was committed for contempt on January 5, 1934, to be held in jail till she complied with the court order and answered the questions. Her petition for release in July, 1937, was denied. Held, petition properly denied. Tegtmeyer v. Tegtmeyer, (Ill. App. 1937) 11 N. E. (2d) 657.
We Will Hear More On The Supreme Court, George C. Anderson
We Will Hear More On The Supreme Court, George C. Anderson
Tennessee Law Review
No abstract provided.
Requirements For Admission To The Bar In Revolutionary America, W. Raymond Blackard
Requirements For Admission To The Bar In Revolutionary America, W. Raymond Blackard
Tennessee Law Review
No abstract provided.
The Development Of The Tennessee Valley Authority Act, C. Herman Pritchett
The Development Of The Tennessee Valley Authority Act, C. Herman Pritchett
Tennessee Law Review
No abstract provided.
Federal Courts - Procedure For Determining Jurisdiction Ab Facto - Burden Of Pleading And Proof, Richard B. Maxwell
Federal Courts - Procedure For Determining Jurisdiction Ab Facto - Burden Of Pleading And Proof, Richard B. Maxwell
Michigan Law Review
Since the beginning of our government it has been recognized that the federal courts are courts of limited jurisdiction. At an early date it was decided that because of this the plaintiff must state in his complaint the facts upon which the jurisdiction depended. The reason given in support of this rule, which is still the unquestioned law, is that there is no presumption of jurisdiction in courts which have only limited jurisdiction, but it is presumed not to exist unless its existence be shown upon the record. When the plaintiff sustained his burden of pleading the jurisdictional facts, his …
Administrative Tribunals-Organization And Reorganization, E. Blythe Stason
Administrative Tribunals-Organization And Reorganization, E. Blythe Stason
Michigan Law Review
No doubt overhauling is needed. However, a consistent and rational theory for the integration of the independent agencies with the remainder of the governmental structure is a condition precedent to an intelligent overhauling. This article constitutes a groping for such a theory. First, I shall discuss some of the more significant attacks which have been made in recent years upon modern administrative organization. Then, the reasons for these attacks will be examined and appraised, for they reveal certain pathological conditions which need excision. Finally, and with all due deference to the other remedies that have been suggested, I shall venture …
Expansion Of Federal Supervision Of Securities Through The Inquisitional And Census Powers Of Congress-A Suggestion, Kenneth Rush
Expansion Of Federal Supervision Of Securities Through The Inquisitional And Census Powers Of Congress-A Suggestion, Kenneth Rush
Michigan Law Review
The Securities Act and the Securities Exchange Act, principally through the means of compulsory disclosure of information, are intended to aid the investing public in evaluating securities and to prevent the undue influencing of their value, market price and sale. These ends are undoubtedly worth seeking in their entirety, but such is the nature of our federal system that the acts, being founded upon the powers of Congress over the facilities of interstate commerce and of the mails, purport to relate only to transactions in securities involving use of those facilities.
The Logan Bill, Gregory Hankin
Proposed Rule Requiring Appellant In All Briefs Filed In The Supreme Court To Make On The First Page Of The Brief A "Statement Of Questions Involved", Alfred J. Schweppe
Proposed Rule Requiring Appellant In All Briefs Filed In The Supreme Court To Make On The First Page Of The Brief A "Statement Of Questions Involved", Alfred J. Schweppe
Washington Law Review
With a view to facilitating the most adequate and detailed consideration, in the State Supreme Court, of each case from the standpoint of the litigants, their counsel, and the public, the Judicial Council has under consideration a proposal to recommend to the State Supreme Court a rule of appellate practice requiring the appellant at the very commencement of his brief to make a "statement of questions involved." This practice has been found in the State of Pennsylvania to give most excellent results. It has been referred to in numerous cases. In order to show how this practice actually works, there …
The Development And Evaluation Of Judicial Review [Part 1], C. Perry Patterson
The Development And Evaluation Of Judicial Review [Part 1], C. Perry Patterson
Washington Law Review
The doctrine of judicial review is as much a principle of the Constitution as the principle of federalism or the doctrine of separation of powers and checks and balances. It is a far more definite power than the powers of Congress or those of the President. It should be remembered that the Constitution nowhere mentions federalism, separation of powers, checks and balances, national supremacy or concurrent powers, taxation for only a public purpose, business affected with a public interest is subject to regulation, contracts involving governmental powers are null and void, neither the national government nor the states can tax …
Judgments - Default Judgments Rendered Without Jurisdiction - Validating Effect Of A Subsequent General Appearance, Richard B. Maxwell
Judgments - Default Judgments Rendered Without Jurisdiction - Validating Effect Of A Subsequent General Appearance, Richard B. Maxwell
Michigan Law Review
The effect of a general appearance by the defendant following a default judgment rendered without jurisdiction over the person of the defendant has been again raised by the recent Wisconsin case of Schwantz v. Morris. In this case the original judgment was invalid for lack of jurisdiction over the defendants, but the Supreme Court of Wisconsin held, that by joining non-jurisdictional grounds with jurisdictional grounds in a motion to set the judgment aside, the defendants had waived any defects in or objections to the jurisdiction of the court and that this waiver related back to the time of the …
Judgments - Declaratory Judgments - Scope Of The Federal Act, Michigan Law Review
Judgments - Declaratory Judgments - Scope Of The Federal Act, Michigan Law Review
Michigan Law Review
After the insured had made formal claims for total disability benefits for four years without bringing action to enforce them, the insurer, having at all times denied the total disability of the insured, brought suit in a federal district court for a declaration that it was not liable for the benefits claimed and that the policies had lapsed for non-payment of premiums. The district court granted a motion to dismiss because the insurer failed to present a "controversy" within the Federal Constitution and the Declaratory Judgments Act and because the insurer had no "rights or other legal relations" to be …
The Part Of The United States Constitution Made By The Supreme Court, Hugh Evander Willis
The Part Of The United States Constitution Made By The Supreme Court, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Politics And Judicial Administration, Maurice E. Crites
Politics And Judicial Administration, Maurice E. Crites
Indiana Law Journal
No abstract provided.
Constitutional Law - Separation Of Powers - Power Of The Courts And Legislature To Regulate The Practice Of Law And Procedure, Peter S. Boter
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 …
Constitutionality Of The Fee System Of Justices Of The Peace, Hugh C. Simpson
Constitutionality Of The Fee System Of Justices Of The Peace, Hugh C. Simpson
Tennessee Law Review
No abstract provided.
Who Shall Study Law?, Leon Green
Divorces In Tennessee, Harold C. Warner
The President's Plan: A Defense Of The Middle Way, Leon Jourolmon, Albert Williams
The President's Plan: A Defense Of The Middle Way, Leon Jourolmon, Albert Williams
Tennessee Law Review
No abstract provided.
Constitutional Law- Right To Jury Trial - Petty Statutory Offenses, James H. Roberton
Constitutional Law- Right To Jury Trial - Petty Statutory Offenses, James H. Roberton
Michigan Law Review
The defendant was tried before the police court of the District of Columbia for selling, as a second-hand dealer, unused return-trip railroad tickets without a license, contrary to an Act of Congress. The act provides for a maximum penalty of $300 fine or ninety days in jail. The defendant was denied a jury trial. The Court of Appeals for the District of Columbia found the defendant entitled to a jury trial. On appeal to the United States Supreme Court, it was held by a majority of the Court, that the Federal Constitution does not guarantee the defendant a jury trial …