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Constitutional Law

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Articles 35521 - 35550 of 36026

Full-Text Articles in Law

Constitutional Law-Police Power-Prohibition Of Manufacture Of Mattresses Of Shoddy Jun 1931

Constitutional Law-Police Power-Prohibition Of Manufacture Of Mattresses Of Shoddy

Indiana Law Journal

No abstract provided.

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Constitutional Law-Former Jeopardy-As Bar To Civil Suit For Penalty Tax May 1931

Constitutional Law-Former Jeopardy-As Bar To Civil Suit For Penalty Tax

Michigan Law Review

The respondent had been convicted and punished in a criminal prosecution for dealing in intoxicating liquors. In a civil action for the collection of taxes imposed as a penalty for non-payment of taxes due because of those particular sales, held, the prior conviction of the defendant constituted a bar to this civil suit for a penalty as double jeopardy even under sec. 5 of the Willis Campbell Act. United States v. LaFranca, U. S. Sup. Ct. Feb. 24, 1931; Adv. Op. No. 74.

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Constitutional Law-Municipal Corporations-Police Power May 1931

Constitutional Law-Municipal Corporations-Police Power

Michigan Law Review

The defendants circulated, on the streets of Milwaukee, hand bills which set forth the political and economic views of their group. An ordinance made it unlawful for any person "to circulate or distribute any circular, hand bills, cards, posters, dodgers, or other printed or advertising matter, * * * in or upon any sidewalk, street, * * * or other public place, park or ground within the City of Milwaukee." The defendants were arrested and convicted of violating this ordinance. There was no charge that the ordinance was enforced in any unreasonable or discriminatory manner, or that its purpose was …

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Municipal Corporations-Constitutional Law May 1931

Municipal Corporations-Constitutional Law

Indiana Law Journal

No abstract provided.

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Review: The Revival Of Natural Law Concepts, Fowler Vincent Harper May 1931

Review: The Revival Of Natural Law Concepts, Fowler Vincent Harper

Michigan Law Review

A Book Review of THE REVIVAL OF NATURAL LAW CONCEPTS By Charles Grove Haines.

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Recognition Of Validity And Incidents Of Marriages Between Blacks And Whites, Lewis F. Powell Jr. Apr 1931

Recognition Of Validity And Incidents Of Marriages Between Blacks And Whites, Lewis F. Powell Jr.

Powell Writings

No abstract provided.

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Constitutional Law-Validity Of The Eighteenth Amendment Apr 1931

Constitutional Law-Validity Of The Eighteenth Amendment

Michigan Law Review

Defendants were indicted for violation of the National Prohibition Act, and on motion to quash they argued that the Eighteenth Amendment under which this statute was enacted conferred new direct powers upon the United States and, within the intent of Article V of the Constitution, could not be properly ratified except by convention. The lower court, on a theory of political interpretation, agreed; indictment quashed. On appeal to the Supreme Court it was held, that the Eighteenth Amendment was lawfully ratified by a method clearly and unequivocally left to the election of Congress. United States v. Sprague, U. …

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Review: Cases On Constitutional Law, Thomas C. Lavery Apr 1931

Review: Cases On Constitutional Law, Thomas C. Lavery

Michigan Law Review

A Review of: CASES ON CONSTITUTIONAL LAW By Dudley O. McGovney.

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Constitutional Law--Legislative Regulation Of Fees Charged By Employment Agencies, Henry P. Snyder Apr 1931

Constitutional Law--Legislative Regulation Of Fees Charged By Employment Agencies, Henry P. Snyder

West Virginia Law Review

No abstract provided.

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Trusts--Exercise Of A Power With Consent Of Trustee-Retroactive Federal Inheritance Tax Apr 1931

Trusts--Exercise Of A Power With Consent Of Trustee-Retroactive Federal Inheritance Tax

Michigan Law Review

A trust, established in 1908, reserved a power to the settlor to alter or amend the provisions of the trust, conditioned on the assent of the trustee. 26 U. S. C. A. sec. 1094 (d), Rev. Act (1926) sec. 302 (d), which applied to trusts subject at the date of death to any change through the exercise of a power either by the decedent alone or in conjunction with any person, to alter, amend or revoke, was made retroactive by clause (h) of the same section. Held, since the transfer was complete before the death of the settler, section …

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Taxation-Excise Measured By Income From Copyrights Apr 1931

Taxation-Excise Measured By Income From Copyrights

Michigan Law Review

Plaintiff, a New York corporation, brought a bill to enjoin the Attorney-General of New York and others from collecting under a New York statute a tax levied "for the privilege of exercising its franchise in this state in a corporate or organized capacity," and measured by "income from any source," which had been interpreted to include income derived from copyrights, on the ground that the statute, as applied, infringed the federal Constitution. Held, three judges dissenting, that the tax was an excise tax levied for the privilege of doing business in a corporate capacity and that a constitutionally permissible …

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Constitutional Law-Due Process-Reasonableness Of Police Regulation Mar 1931

Constitutional Law-Due Process-Reasonableness Of Police Regulation

Michigan Law Review

The New York Agriculture and Markets Law, (Cons. Law, c. 69), sec. 252, 253, required an annual license of all persons or corporations gathering milk from producers for manufacture or resale. This was to be issued only upon execution of a bond for at least $2,000, conditioned upon the compliance with this law and the prompt payment to producers for milk or cream bought by the gatherer. The commission, however, could by formal order relieve the gatherer from having to file this bond if satisfied as to the gather's solvency and probable ability to pay for milk purchased. In case …

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Constitutional Law-Due Process-Revocationof Driver's License Mar 1931

Constitutional Law-Due Process-Revocationof Driver's License

Michigan Law Review

Petitioner's license was suspended under a statute which provided that if a judgment for personal injuries or property damage resulting from the ownership or operation of an automobile remained unpaid fifteen days after it became final, the driver's license should be revoked or suspended until payment and until proof offered of ability to pay future claims. Arrested and jailed for driving without a license, petitioner sought release by writ of habeas corpus on the ground that the statute was unconstitutional. Held, that the operation of the statute was discriminatory and based on an unnatural classification; petitioner discharged. Ex parte …

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Review: The Constitution And What It Means Today. By Edward S. Corwin, Forrest Revere Black Mar 1931

Review: The Constitution And What It Means Today. By Edward S. Corwin, Forrest Revere Black

Michigan Law Review

A Review of THE CONSTITUTION AND WHAT IT MEANS TODAY. By Edward S. Corwin

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Constitutional Law-Banks And Banking Mar 1931

Constitutional Law-Banks And Banking

Indiana Law Journal

No abstract provided.

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What Will Become Of Prohibition, Clarence Emmett Manion Mar 1931

What Will Become Of Prohibition, Clarence Emmett Manion

Journal Articles

Because of the substantial minority support for Prohibition and the Eighteenth Amendment, this article suggests that it would difficult, if not impossible, to repeal the amendment despite the fact that 3 in 5 Americans would support its repeal. The article looks at potential options of lessening the impact of the Eighteenth Amendment, including removing penalties for it, repealing State enforcement acts, and forbidding nullification of search warrant requirements. Finally, it looks at the quality of liquor as a solution to an "unusually interesting" and "ultimately worthwhile" problem.

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Review Of The Constitution And What It Means Today By Edward S. Corwin, Clarence Emmett Manion Mar 1931

Review Of The Constitution And What It Means Today By Edward S. Corwin, Clarence Emmett Manion

Journal Articles

This is the fourth edition of a small and practical volume intended not so much for law students as for the information of the general public. Students of Constitutional Law will -find this book helpful in pursuing the study of the Constitution in its natural sequence, a procedure that is well-nigh impossible in the ordinary law courses dealing with the subject of Constitutional Law.

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Review Of Cases On Constitutional Law By Dudley O. Mcgovney, Clarence Emmett Manion Mar 1931

Review Of Cases On Constitutional Law By Dudley O. Mcgovney, Clarence Emmett Manion

Journal Articles

This is an up-to-date case book sufficiently condensed to make it serviceable with certain discriminating eliminations for semester courses in Constitutional Law. The most decided advantage that a case book on Constitutional Law can have is flexibility of outline. Professor McGovney's text has this feature.

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Constitutional Law-Due Process-Police Power-Junk Yards Mar 1931

Constitutional Law-Due Process-Police Power-Junk Yards

Michigan Law Review

The City of Ashland, Kentucky, acting under a specific power to license and regulate junk yards granted to it by the legislature under section 3058-2 Ky. Stat. (Carroll, 1922) passed an ordinance requiring applicants for licenses to operate junk yards within the city of Ashland. "to make and execute with the Clerk of the City of Ashland, Kentucky, a permit signed by the applicant providing that the Police Department * * * may inspect and search the said shop or place of business." The appellant complied with all other requirements, but refused to execute the permit: Because the clerk would …

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Intoxicating Liquors-Liability Of Purchaser To Federal Prosecution Mar 1931

Intoxicating Liquors-Liability Of Purchaser To Federal Prosecution

Michigan Law Review

Considering the tremendous amount of public interest evinced in all cases arising under the Eighteenth Amendment and the Volstead Act, it seems strange, at first glance, that more attention has not been paid by the courts to the purchaser of intoxicating beverages. Since the passage of the National Prohibition Act the dockets have been crowded with cases dealing with the sale, manufacture, and transportation of intoxicants, but it was not until ten years after the passage of the Act that the United States Supreme Court was asked to consider the legality of the purchase of liquor as such. The question …

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Crimes-Procedure-Constitutionality Of The Short Form Of The Indictment Mar 1931

Crimes-Procedure-Constitutionality Of The Short Form Of The Indictment

Michigan Law Review

The respondents were tried and found guilty of murder. Held, that the constitutional provision that "the accused shall be fully informed of the nature and cause of the accusation against him" requires an indictment returned by the grand jury to contain allegations as to the time and place of the assault and the time and place of death of the decedent where the crime charged is murder. State v. Rector (S. C . 1930) 155 S.E. 385.

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The Constitution And Foreign Relations, John Holladay Latané Feb 1931

The Constitution And Foreign Relations, John Holladay Latané

James Goold Cutler Lecture

No abstract provided.

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Taxation--State Tax On Gasoline Consumed In State As Burden On Interstate Commerce, Marrs Wiseman Feb 1931

Taxation--State Tax On Gasoline Consumed In State As Burden On Interstate Commerce, Marrs Wiseman

West Virginia Law Review

No abstract provided.

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Naturalization Proceedings--Oath Of Allegiance--Mental Reservations As To Bearing Arms, Henry P. Snyder Feb 1931

Naturalization Proceedings--Oath Of Allegiance--Mental Reservations As To Bearing Arms, Henry P. Snyder

West Virginia Law Review

No abstract provided.

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The Declaratory Judgment In The United States, Edwin M. Borchard Feb 1931

The Declaratory Judgment In The United States, Edwin M. Borchard

West Virginia Law Review

No abstract provided.

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Constitutional Law--Power To Tax Chain Stores, John Hampton Hoge Feb 1931

Constitutional Law--Power To Tax Chain Stores, John Hampton Hoge

West Virginia Law Review

No abstract provided.

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Constitutional Law-Action For Personal Injury As Property Feb 1931

Constitutional Law-Action For Personal Injury As Property

Michigan Law Review

In an action for personal injury to the plaintiff while a guest in defendant's car, the trial court instructed the jury that plaintiff must prove the elements required by the Guest Act, i.e., a heedless and reckless disregard of the rights of others, and not merely the common law requirements for negligence. The Guest Act (Pub, Acts, 1927, c. 308) was void for failure of the governor to sign in the prescribed time. Validating acts were passed after the accident in question. Held, action for personal injury was a property interest and the validating acts, operating retrospectively, impaired plaintiff's …

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Constitutional Limitations On Public Indebtedness, Richard Priest Dietzman Jan 1931

Constitutional Limitations On Public Indebtedness, Richard Priest Dietzman

Kentucky Law Journal

No abstract provided.

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Extra-Constitutional Government, Edwin F. Albertsworth Jan 1931

Extra-Constitutional Government, Edwin F. Albertsworth

Kentucky Law Journal

No abstract provided.

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Legal Concepts In Cases Of Eminent Domain, Joseph M. Cormack Jan 1931

Legal Concepts In Cases Of Eminent Domain, Joseph M. Cormack

Faculty Publications

No abstract provided.

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