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Articles 1 - 30 of 51
Full-Text Articles in Law
The Lawyers' Part In Preserving Individual Liberty, J. S. Wilkerson
The Lawyers' Part In Preserving Individual Liberty, J. S. Wilkerson
Indiana Law Journal
Delivered before the Indiana State Bar Association at Lake Wawasee- July 7, 1933.
Constitutional Law - Interstate Commerce - Motor Carrier Operating Within - Single State As A Link In Interstate Transportation, Paul G. Kauper
Constitutional Law - Interstate Commerce - Motor Carrier Operating Within - Single State As A Link In Interstate Transportation, Paul G. Kauper
Michigan Law Review
The plaintiff was engaged in business as a common carrier of goods by motor vehicle. He transported goods between the docks of Los Angeles harbor and points in and around Los Angeles, but all the goods which he carried were originally shipped in from or were consigned to destinations outside the State. His operations, however, were independent of the operations of connecting carriers. The California Railroad Commission ordered the plaintiff to cease operations until he secured a certificate of public convenience and necessity. Held, on review, that the plaintiff was engaged in interstate commerce, and that the Commission's order …
Constitutional Law - Bank Reorganization Legislation - Composition With Depositors And Other Creditors, Maurice S. Culp
Constitutional Law - Bank Reorganization Legislation - Composition With Depositors And Other Creditors, Maurice S. Culp
Michigan Law Review
Twenty States and the federal government now have laws permitting the reorganization and reopening of insolvent or failing banks. The usual statute provides for the reorganization of a bank upon some plan approved by a large majority of the general creditors of the institution; the plan must also have the approval of state banking officials and of a court of general jurisdiction, although the last is by no means a universal requirement. The reorganization, when approved, becomes binding upon all depositors and general creditors of the bank regardless of consent. By the terms of a few statutes, non-assenting creditors are …
Constitutional Law-Strike As Interference With Interstate Commerce
Constitutional Law-Strike As Interference With Interstate Commerce
Michigan Law Review
Whether the federal courts have jurisdiction to apply the mailed fist of the injunction to the settlement of strike disputes sometimes depends on whether the strike is deemed an interference with interstate commerce. Thus, the Supreme Court held in the recent case of Levering & Garrigues v. Morrin that relief must be denied a group of New York structural steel fabricators who sought to enjoin the boycott activities of the iron workers union, because " . . . the sole aim of the conspiracy was to halt or suppress local building operations as a means of compelling the employment of …
Constitutional Law - Interstate Commerce - State Regulation Of Motor Carriers - Highway Conservation, Paul G. Kauper
Constitutional Law - Interstate Commerce - State Regulation Of Motor Carriers - Highway Conservation, Paul G. Kauper
Michigan Law Review
In conformity with the Texas statute regulating contract carriers, the plaintiffs applied for permits to operate as contract carriers in interstate commerce. The Texas Railroad Commission denied the application on the grounds that the proposed use of the highways would unreasonably interfere with their use by the general public and would constitute an undue burden on said highways. Held, by a three-judge court, that the Commission was acting within its authority in refusing the application on these grounds, that such refusal was valid as to interstate motor carriers, and that evidence supported the Commission's findings, consequently the bill to …
Government By Judiciary, Jeff B. Fordham
Government By Judiciary, Jeff B. Fordham
West Virginia Law Review
No abstract provided.
Constitutional Law - Price Fixing - Emergency Legislation, Maurice S. Culp
Constitutional Law - Price Fixing - Emergency Legislation, Maurice S. Culp
Michigan Law Review
The way of governmental price regulation has been hard, and such regulation has been carefully confined to businesses clothed with a "public interest." An exception has been recognized where an "emergency" occurs in a business outside of the strict utility field. However, the apparent disruption of the competitive system during the present depression has been productive of legislation seeking to overcome the evils of that system. In People v. Nebbia, the Court of Appeals of New York sustained a recent act of the legislature creating a milk control Board and authorizing the fixing of milk prices for a 12-month …
Constitutional Law-Mortgage Foreclosure Moratorium Statutes
Constitutional Law-Mortgage Foreclosure Moratorium Statutes
Michigan Law Review
The present economic crisis has been productive of much drastic legislation which is directed at the relief of the debtor class. Rather than let the depression run its course, legislative bodies have endeavored to alleviate some of the evils by so-called "emergency'' statutes. A common type of such enactment is that designed to protect mortgagors against foreclosure and sale of their property. Some of these statutes provide that the period of redemption after foreclosure sale shall be extended for a definite period, others that the courts may stay foreclosures, and some provide that there shall be no foreclosure sales unless …
Constitutional Law -Interstate Commerce -Navigable Waters -Validity Of Federal Water Power Act
Constitutional Law -Interstate Commerce -Navigable Waters -Validity Of Federal Water Power Act
Michigan Law Review
The Federal Power Commission found that the plaintiff's proposed hydroelectric development on the non-navigable New river in Virginia would affect interstate commerce on the navigable Kanawha river to which the New river was tributary. The Commission thereupon tendered the plaintiff a standard or major form license for the project. Such a license, had it been accepted by the plaintiff, would have subjected it to all the provisions of the Federal Water Power Act of 1920, including those concerning the regulation of rates, issuance of securities, expropriation of excess profits, amortization reserves, and recapture at the end of fifty years on …
Constitutional Law--- Status Of Courts Of District Of Columbia
Constitutional Law--- Status Of Courts Of District Of Columbia
Michigan Law Review
Plaintiffs, justices of District of Columbia courts, protested the application by the Comptroller-General of an Act of Congress reducing their salaries, alleging that they felt it their duty to have the status of these courts defined. The majority of the Court, answering questions certified by the Court of Claims; held that section l of Article III of the federal constitution applied to the Supreme Court of the District of Columbia and to the Court of Appeals of the District of Columbia, and forbade a reduction of the compensation of the justices thereof during their continuance in office, on the theory …
The Federal Constitution And Its Application, 1789 To 1933, William E. Dodd
The Federal Constitution And Its Application, 1789 To 1933, William E. Dodd
James Goold Cutler Lecture
No abstract provided.
The Constitution And Current Economic Problems, Patrick J. Hurley
The Constitution And Current Economic Problems, Patrick J. Hurley
James Goold Cutler Lecture
No abstract provided.
Constitutionality Of Non-Voting Stock, Jack C. Burdett
Constitutionality Of Non-Voting Stock, Jack C. Burdett
West Virginia Law Review
No abstract provided.
Judicial Review Of Administrative Determinations And The Doctrine Of Separation Of Powers, George W. Mcquain
Judicial Review Of Administrative Determinations And The Doctrine Of Separation Of Powers, George W. Mcquain
West Virginia Law Review
No abstract provided.
Constitutional Limitations On Legislative Procedure In West Virginia, Frank E. Horack Jr.
Constitutional Limitations On Legislative Procedure In West Virginia, Frank E. Horack Jr.
West Virginia Law Review
No abstract provided.
Constitutional Law-Regulation Of Private Businesses
Constitutional Law-Regulation Of Private Businesses
Indiana Law Journal
No abstract provided.
Constitutional Law--Amending Constitutions--Construction, Trixy M. Peters
Constitutional Law--Amending Constitutions--Construction, Trixy M. Peters
West Virginia Law Review
No abstract provided.
Constitutional Law--Discrimination In Assessment For Taxation As Denial Of Equal Protection Of The Laws, Charles H. Haden
Constitutional Law--Discrimination In Assessment For Taxation As Denial Of Equal Protection Of The Laws, Charles H. Haden
West Virginia Law Review
No abstract provided.
Constitutional Law -Administrative Duties Of The Judiciary- Due Process
Constitutional Law -Administrative Duties Of The Judiciary- Due Process
Indiana Law Journal
No abstract provided.
Evidence-Constitutional Law-Self-Incrimination Applied To Method Of Identification
Evidence-Constitutional Law-Self-Incrimination Applied To Method Of Identification
Indiana Law Journal
No abstract provided.
Jurisdiction Over A Foreign Corporation-Constitutional Limitations On Exercise Of Jurisdiction
Jurisdiction Over A Foreign Corporation-Constitutional Limitations On Exercise Of Jurisdiction
Indiana Law Journal
No abstract provided.
Change In Venue In Criminal Case--Constitutional Law
Change In Venue In Criminal Case--Constitutional Law
Indiana Law Journal
No abstract provided.
Constitutional Law--Due Process--Martial Law
Constitutional Law--Due Process--Martial Law
Michigan Law Review
The Texas Railroad Commission ordered a limitation of oil production in the East Texas field. Governor Sterling of that State issued a proclamation declaring martial law in the district and setting forth the existence of "a state of insurrection, tumult, riot and breach of the peace," and sent in troops to enforce the orders of the commission. A temporary injunction was issued restraining the commission's action but the governor continued, through the troops, to limit oil production. Such action was sought to be enjoined in the federal courts. The lower court granted the injunction. The decree was affirmed on the …
Constitutional Law-Force And Effect Of Clauses Providing For Payment Of Private Indebtedness In Gold
Constitutional Law-Force And Effect Of Clauses Providing For Payment Of Private Indebtedness In Gold
Michigan Law Review
A recent English case decided in the Court of Appeal, In re Société lntercommunale Belge D'Eléctricité, Feist v. The Company, suggests questions of interesting application to American constitutional law. In that case a debtor's obligation specified payment "in sterling in gold coin of the United Kingdom of or equal to the standard of weight and fineness existing on September 1, 1928." When payment became due, however, gold was no longer available - England had discontinued gold payments and left the gold monetary standard, gold was subject to being commandeered by the government, and gold coins were redeemable at …
Cases On Constitutional Law, By Walter F. Dodd; Cases On Constitutional Law, Second Edition, By Joseph Ragland Long; Cases On Constitutional Law, By Dudley 0. Mcgovney; Cases On Constitutional Law, By Henry Rottschaefer, Hugh E. Willis
Indiana Law Journal
No abstract provided.
The Commerce Clause Of The United States Constitution, By Bernard C. Gavit, Frank N. Richman
The Commerce Clause Of The United States Constitution, By Bernard C. Gavit, Frank N. Richman
Indiana Law Journal
No abstract provided.
God In The Constitution, Robert T. Donley
God In The Constitution, Robert T. Donley
West Virginia Law Review
No abstract provided.
Constitutional Law - Due Process And Equal Protection - Freedom Of Contract
Constitutional Law - Due Process And Equal Protection - Freedom Of Contract
Michigan Law Review
Plaintiff denied the constitutionality of a statute declaring every settlement of a personal injury claim, retainer, or employment contract, made while the person injured is under disability from the effect of the injury, or within thirty days after the date of the injury, voidable at the option of the injured party within six months after the date of the injury. Held, that such a statute is constitutional, being neither a deprivation of property without due process of law nor a denial of the equal protection of the law. Peterson v. Panovitz, (N. D. 1932) 243 N. W. 798.
Constitutional Law - The Delegation Of Federal Legislative Power To Executive Or Administrative Agencies
Michigan Law Review
The range of governmental activity, ever expanding both because of the adoption of new functions and because of the increase in proportions of the old, has developed a frequent need for supervision by specialized administrative agencies. In addition to the normal trend toward increased administrative control, present-day economic difficulties have provided additional impetus in that direction. Hence the question of how far Congress can go in turning over its duties to executive or administrative agencies has become of immediate and vital concern.
Constitutional Law-Federal Instrumentality- Mcculloch V. Maryland In Canada And Australia, Alden L. Powell
Constitutional Law-Federal Instrumentality- Mcculloch V. Maryland In Canada And Australia, Alden L. Powell
Michigan Law Review
The British North America Act of 1867 expressly exempts from taxation certain governmental instrumentalities. Section 125 of that Act provides that "no Lands or Property belonging to Canada or any Province shall be liable to taxation." This restriction applies to both Dominion and Provincial governments. W. H. P. Clement writes that this provision was a precautionary measure "to prevent the Dominion from levying taxes for federal purposes upon property held by the Crown for provincial purposes, and vice versa. It would operate no doubt to exempt from custom's duties goods purchased abroad by a provincial government. . . . " …