Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (1327)
- University of San Diego (1052)
- St. Mary's University (918)
- University of Kentucky (623)
- University of Colorado Law School (614)
-
- Touro University Jacob D. Fuchsberg Law Center (502)
- University of Richmond (398)
- UIC School of Law (392)
- Seattle University School of Law (321)
- Maurer School of Law: Indiana University (263)
- Cleveland State University (198)
- Florida State University College of Law (198)
- Southern Methodist University (167)
- William & Mary Law School (151)
- Roger Williams University (146)
- University of Georgia School of Law (142)
- University of Baltimore Law (135)
- Yeshiva University, Cardozo School of Law (127)
- Universitas Indonesia (126)
- West Virginia University (124)
- University of Washington School of Law (120)
- Fordham Law School (116)
- Vanderbilt University Law School (115)
- University at Buffalo School of Law (108)
- Pace University (104)
- Pepperdine University (102)
- Case Western Reserve University School of Law (91)
- The University of Akron (86)
- University of Texas Rio Grande Valley (82)
- Washington and Lee University School of Law (81)
- Keyword
-
- St. Mary’s University School of Law (364)
- St. Mary’s Law Journal (352)
- Constitution (316)
- Kentucky (265)
- New York (250)
-
- Supreme Court (243)
- Federalism (220)
- Michigan (214)
- Federal (199)
- State (196)
- California (171)
- Law reform (164)
- Due process (162)
- United States (151)
- Ohio (149)
- Constitutional law (146)
- State courts (145)
- State government (144)
- United States Supreme Court (144)
- Colorado (137)
- United states constitution (124)
- Legislation (123)
- Constitutional Law (122)
- Zoning (119)
- Texas (118)
- Regulation (116)
- Local government (113)
- State legislature (113)
- History (112)
- Children (104)
- Publication Year
- Publication
-
- California Regulatory Law Reporter (1046)
- St. Mary's Law Journal (840)
- Michigan Law Review (787)
- Kentucky Law Journal (491)
- Touro Law Review (465)
-
- UIC Law Review (327)
- Seattle University Law Review (310)
- University of Richmond Law Review (290)
- Articles (257)
- Faculty Scholarship (222)
- University of Michigan Journal of Law Reform (199)
- Publications (179)
- Florida State University Law Review (169)
- Indiana Law Journal (164)
- SMU Annual Texas Survey (144)
- Cleveland State Law Review (140)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
- West Virginia Law Review (121)
- Journals of the General Assembly of the Commonwealth of Kentucky (103)
- Roger Williams University Law Review (100)
- University of Baltimore Law Forum (97)
- Faculty Publications (94)
- Washington Law Review (90)
- Articles by Maurer Faculty (87)
- Vanderbilt Law Review (87)
- Akron Law Review (86)
- Ohio Oil & Gas Commission Decisions (85)
- Kika de la Garza Congressional Papers - Newsletters (82)
- Journal Articles (78)
- Georgia Law Review (76)
- Publication Type
- File Type
Articles 10831 - 10860 of 11224
Full-Text Articles in Entire DC Network
Effect Of An Unconstitutional Statute, Oliver P. Field
Effect Of An Unconstitutional Statute, Oliver P. Field
Indiana Law Journal
No abstract provided.
Sterilization Of Mental Defectives, Burke Shartel
Sterilization Of Mental Defectives, Burke Shartel
Michigan Law Review
In 1923 the legislature of Michigan passed an act "to authorize the sterilization of mentally defective persons". This act has recently been sustained in its main provisions by the Michigan supreme court in a case brought to test its constitutionality. Probably the United States Supreme Court will also have an opportunity to pass upon the validity of this law, but the Michigan decision, although not final on the question whether the sterilization of defectives is violative of the "due process clause" of the Fourteenth Amendment, is nevertheless very significant. It is the first instance so far as the writer can …
The Equitable Conversion Fiction As A Basis For Inheritance Taxation
The Equitable Conversion Fiction As A Basis For Inheritance Taxation
Michigan Law Review
No one would dispute the jurisdiction of the state where land is situated to impose an inheritance tax upon its transfer at the death of the owner. Callahan v. Woodbridge, 171 Mass. 595, 51 N. E. 176; Matter of Majot, 199 N. Y. 29, 92 N. E. 402, Chamberlain's Estate, 257 Pa. 113,101 Atl. 314. Equally clear is the converse proposition: that no other state except the state where the land lies can impose such a tax. Succession of Westfeldt, 122 La. 836, 48 So. 281; In re Rust's Estate, 213 Mich. 138, 182 N. W. …
Tax On Income Received From Foreign Sources
Tax On Income Received From Foreign Sources
Michigan Law Review
In the recently decided case of Cook v. Tait, 44 Sup. Ct. 444, the Supreme Court of the United States decided that the federal government could lawfully tax the income of a citizen of the United States, although the citizen was domiciled in Mexico, and the income came from real and personal property there situated. Suppose instead of the federal income tax, a state tax on incomes had been involved. A Michigan man, say, has among his other sources of revenue, a house and lot in Cleveland which is rented at a price which insures him a comfortable addition …
Distinction Between Governmental And Proprietary Functions Of Municipal Corporations, Delmar W. Doddridge
Distinction Between Governmental And Proprietary Functions Of Municipal Corporations, Delmar W. Doddridge
Michigan Law Review
There are many places in the law where the making of a distinction has resulted in a difficulty in application that has greatly increased litigation, but there are few places where this is more true than in the distinction made between the governmental and the proprietary functions of municipal corporations. The distinction has taken a firm grip upon the law of municipal corporations and seems well settled, although its propriety as applied to particular subjects may be doubted. The terminology of the distinction is in itself productive of doubt, the function or duty in the one branch being denominated "governmental", …
Early Frontier Democracy In The First Kentucky Constitution, E. Merton Coulter
Early Frontier Democracy In The First Kentucky Constitution, E. Merton Coulter
West Virginia Law Review
No abstract provided.
The Sources, Progress And Printed Evidences Of The Written Law Of Kentucky: Part Iii, Lyman Chalkley
The Sources, Progress And Printed Evidences Of The Written Law Of Kentucky: Part Iii, Lyman Chalkley
Kentucky Law Journal
No abstract provided.
Constitutional Law-Liberty Of Contract-Regulation Of Loaves Of Bread
Constitutional Law-Liberty Of Contract-Regulation Of Loaves Of Bread
Michigan Law Review
A Nebraska statute aimed at short weights in loaves of bread, forbade the manufacture or sale of loaves weighing either more or less than specified standard amounts. It applied only to quantities of 25 loaves or more and a "tolerance" of two ounces per pound was allowed in excess of the standard weights, to be measured by taking an average of the whole consignment. The prohibition of excess weights was explained by the Nebraska court as an attempt "to prevent a loaf of one standard from being increased in size until it can readily be sold for a larger standard". …
Reorganizing State Government, Walter F. Dodd
Reorganizing State Government, Walter F. Dodd
West Virginia Law Review
No abstract provided.
Fair Value Of Public Utilities, Edwin C. Goddard
Fair Value Of Public Utilities, Edwin C. Goddard
Michigan Law Review
Such being the decisions, we turn to the practical working of the theories that have been applied. The law is a practical subject. Even in so sacred a matter as protection of property, rules of law should regard the practical results of any theory. A theory that works badly, presumptively at least, is defective, and may be wrong. The guaranties of the Constitution were made for man, not man for the guaranties, and a conception of property that does not work out for the advantage of man may raise a query whether the Constitution demands that conception. It was that …
Conflict Of Laws-"Full Faith And Credit"-Injunction Restraining Suit In Foreign State
Conflict Of Laws-"Full Faith And Credit"-Injunction Restraining Suit In Foreign State
Michigan Law Review
X, an Iowan, is injured by Y, a fellow citizen, who obtains an injunction in Iowa restraining X from suing in Minnesota. X having subsequently commenced suit in Minnesota, Y files his bill asking the court of that state to enforce the Iowa decree. Should the Minnesota court enforce the foreign injunction decree, as a matter of "comity"? Must it do so, under the "full faith and credit" clause? Strangely enough the Minnesota court has had two of the comparatively small number of cases involving these particular questions. In State ex rel. Bossung v. District Court, 140 Minn. 494, …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
The Sources, Progress And Printed Evidences Of The Written Law In Kentucky: Part I, Lyman Chalkley
The Sources, Progress And Printed Evidences Of The Written Law In Kentucky: Part I, Lyman Chalkley
Kentucky Law Journal
No abstract provided.
Prescriptive Rights Against Municipalities In Kentucky, Harland J. Scarborough
Prescriptive Rights Against Municipalities In Kentucky, Harland J. Scarborough
Kentucky Law Journal
No abstract provided.
The Sources, Progress And Printed Evidences Of The Written Law In Kentucky: Part Ii, Lyman Chalkley
The Sources, Progress And Printed Evidences Of The Written Law In Kentucky: Part Ii, Lyman Chalkley
Kentucky Law Journal
No abstract provided.
Constitutional Law--Due Process--Kansas Industrial Court
Constitutional Law--Due Process--Kansas Industrial Court
Michigan Law Review
Has the State power to regulate wages and to secure continuity of functioning in essential industries? The U. S. Supreme Court, in Wolff Packing Co. v. Court of Industrial Relations of Kansas, -- U. S. -- Adv. Op. June 11, 1923, says no, at least as to individuals or corporations, engaged in the production of food, but not strong enough to dominate or control the industry. The case involves the validity, under the Federal Constitution, of the Kansas Act establishing the Court of Industrial Relations, referred to hereinafter as the "Industrial Court." Special Session Laws of Kansas, 1920, Chap. …
Conciliation Of Controversies
Michigan Law Review
It is a matter of common criticism more or less just that the administration of law is unnecessarily tedious and expensive. Particularly among those of the poorer classes is it true that the delay and expense incident to the enforcement of small claims amounts to a practical denial of justice. With a view toward relieving this situation, North Dakota adopted the first state-wide act for the conciliation of controversies. Chapter 38, Laws of North Dakota, 1921. That act has recently been put to the test and upheld in the case of Klein v. Hilton (N. D., 1922), 191 N. W. …
The Reform Of Civil Procedure, Edson R. Sunderland
The Reform Of Civil Procedure, Edson R. Sunderland
Articles
Professor Sunderland addresses the pernicious involvement of legislators in legal reform, contrary to the English model. This duty should be left to those who know the Law better than any: "The courts constitute the judicial department of the state, and the judges who preside and the lawyers who practice in them are the selected group of trained men charged with the responsibility for administering the law."
Conflict Of Laws--The Uniform Divorce Act And Full Faith And Credit
Conflict Of Laws--The Uniform Divorce Act And Full Faith And Credit
Michigan Law Review
in spite of the recognized need for uniformity in divorce law, the Act Regulating Annulment of Marriage and Divorce has not met with widespread favor. This act was framed by the National Congress on Uniform Divorce Laws in 1900 and was approved in 1907 by the National Conference of Commissioners on Uniform State Laws. It has been adopted only by Delaware, New Jersey, and Wisconsin. While general adoption would remove much of the present uncertainty in the law, some interesting problems are still left for solution.
Declaratory Judgments
Michigan Law Review
The Connecticut legislature passed an act in 1921 authorizing courts to make binding declarations of rights. The act was attacked as unconstitutional on the same ground raised by the supreme court of Michigan against the Michigan Declaratory Judgment Act in the case of Amway v. Railway Co., 211 Mich. 592, 12 A. L. R. 26, namely, that declaring rights was not a judicial function. But the Supreme Court of Errors of Connecticut sustained the act as in no way contravening the constitution. Braman v. Babcock (Conn., 1923), 120 Atl. 150.
Boycott--Conclusions Or Emotions
Boycott--Conclusions Or Emotions
Michigan Law Review
One fertile source of friction growing out of the eternal struggle between capital and labor is the boycott. Standing out in definite relief for scarcely more than a generation, its effectiveness has led to interminable litigation. As might be expected, the boycott pronouncements of the courts in this formative period have had to undergo the most searching challenge and scrutiny. That this scrutiny will be focused upon the results of the recent first impression case before the Iowa supreme court cannot be doubted. See Ellis v. Journeyman Barbers I. U. of America (Iowa, 1922), 191. N. W. III.
Constitutional Law--Equal Protection Of The Laws--Imposition Of Penalties On Common Carriers For Fialure To Settle Claims
Michigan Law Review
A Nebraska statute provided that common carriers should settle properly presented claims for loss of and damage to freight within sixty days from the presentation thereof, and in case such settlement was not made and more was recovered in a subsequent suit than had been tendered by the carrier, the amount found due should carry as a penalty seven per cent interest from the presentation of the claim and reasonable attorney's fees. In case of appeal, an additional attorney's fee might be included if the plaintiff succeeded. The plaintiff company presented a large number of freight claims, which were all …
The Supreme Court's Adjudication Of Constitutional Issues In 1921-1922, Iv, Thomas Reed Powell
The Supreme Court's Adjudication Of Constitutional Issues In 1921-1922, Iv, Thomas Reed Powell
Michigan Law Review
That contracts between private parties cannot stand in the way of exercises of the police power for the promotion of health, morals and safety is firmly established. This principle was invoked against objection to rent regulation in decisions of the preceding term, and it is reiterated in Edgar A. Levy Leasing Co. v. Siegel. In one of the cases involved in this decision a tenant was relieved of a contract made after the statute was enacted, and the landlord here encountered the further doctrine that "of course, a lease made subsequent to the enactment of a statute cannot be …
Municipalities As Riparian Owners, W. Lewis Roberts
Municipalities As Riparian Owners, W. Lewis Roberts
Kentucky Law Journal
No abstract provided.
Legislation In Vague Or General Terms, Ralph W. Aigler
Legislation In Vague Or General Terms, Ralph W. Aigler
Articles
FOR some reason, probably in part the increasing complexity of our life and relationships, but more largely, perhaps, the growing tendency to regulate everybody and everything by positive law, the courts have been called upon with increasing frequency to pass upon the effectiveness of statutes and ordinances phrased in indefinite terms. In a very interesting and valuable paper, Professor Freund has pointed out the weakness and strength, on the one hand, of legislation in general terms, and on the other hand, legislation in which the rule of conduct is attempted to be laid down with precision. His interest apparently lay …
Challenges To The Array, Edson R. Sunderland
Challenges To The Array, Edson R. Sunderland
Articles
Trial by jury demands impartial jurors as the indispensable basis for public confidence. And the first requisite for obtaining impartiality is indifference on the part of those who select the jury. This was fully recognized at the common law, and ever since the days when jurors ceased to be witnesses and became triers of facts, it was a good objection to the entire panel that the sheriff was not indifferent between the parties in the selection and summoning of the jury. Prejudice on the part of individual jurors could be met by challenges to the polls, but when favor lurked …
Is A Municipal Fuel Yard A 'Public Service Plant'?, Evans Holbrook
Is A Municipal Fuel Yard A 'Public Service Plant'?, Evans Holbrook
Articles
In Consumers' Coal Co. et al. v. City of Lincoln, et al. (Neb. 1922) 189 N. W. 643, the supreme court of Nebraska held that a municipal fuel-yard, selling fuel at retail to the inhabitants of the city, was not a "public service plant" authorized by a section of the city charter which empowered the city to acquire, own and operate gas and electric plants, street railways, telephone plants, "and any and all other public service plants and properties, for the purpose of supplying the city and the inhabitants thereof with such service and public utilities." The suit was brought …
Declaratory Judgments, Edson R. Sunderland
Declaratory Judgments, Edson R. Sunderland
Articles
The Connecticut legislature passed an act in 1921 authorizing courts to make binding declarations of rights. The act was attacked as unconstitutional on the same ground raised by the supreme court of Michigan against the Michigan Declaratory Judgment Act in the case of Anway v. Railway Co., 211 Mich. 592, 12 A. L. R. 26i namely, that declaring rights was not a judicial function. But the Supreme Court of Errors of Connecticut sustdined the act as in no way contravening the constitution.