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Articles 33901 - 33930 of 35041
Full-Text Articles in Law
Patterson: Presidential Government In The United States. The Unwritten Constitution, Michigan Law Review
Patterson: Presidential Government In The United States. The Unwritten Constitution, Michigan Law Review
Michigan Law Review
A Review of PRESIDENTIAL GOVERNMENT IN THE UNITED STATES. THE UNWRITTEN CONSTITUTION. By C. Perry Patterson
Constitutional Law--Investigatory Power Of Congress--Validity Of The Un-American Activities Committee Inquiries Into Professional And Political Affiliations, Charles M. Soller
Constitutional Law--Investigatory Power Of Congress--Validity Of The Un-American Activities Committee Inquiries Into Professional And Political Affiliations, Charles M. Soller
Michigan Law Review
The recent probe into the motion picture industry by the House Committee on Un-American Activities and the resulting indictment of ten witnesses for contempt of Congress have served not only to keep this controversial committee in the publicity spotlight, but have also raised some constitutional questions which have long gone unanswered. The indictment of the ten recalcitrant witnesses under Title 2, section 192, of the United States Code followed their citation for contempt by the House of Representatives for refusal to give direct answers to the Committee's questions: "Are you a member of the Screen Writers Guild?" and "Are you …
Constitutional Law--Use Of State Funds For Transportation Of Children To Parochial Schools, John G. Prather
Constitutional Law--Use Of State Funds For Transportation Of Children To Parochial Schools, John G. Prather
Kentucky Law Journal
No abstract provided.
State Transportation Of Students To Parochial Schools--The Everson Case, John J. Hopkins
State Transportation Of Students To Parochial Schools--The Everson Case, John J. Hopkins
Kentucky Law Journal
No abstract provided.
Pecuniary Interest Of A Justice Of The Peace In Final Trial Of A Misdemeanor In Kentucky--Violation Of The Due Process Clause Of The Fourteenth Amendment, Frank K. Warnock
Pecuniary Interest Of A Justice Of The Peace In Final Trial Of A Misdemeanor In Kentucky--Violation Of The Due Process Clause Of The Fourteenth Amendment, Frank K. Warnock
Kentucky Law Journal
No abstract provided.
Constitutional Law: Power Of A State To Exclude A Foreign Corporation Seeking To Do Intrastate Business, Russel C. Jones
Constitutional Law: Power Of A State To Exclude A Foreign Corporation Seeking To Do Intrastate Business, Russel C. Jones
Kentucky Law Journal
No abstract provided.
A Study In The Significance Of Constitutional Word-Omission Ex Industria, Howard Newcomb Morse
A Study In The Significance Of Constitutional Word-Omission Ex Industria, Howard Newcomb Morse
Kentucky Law Journal
No abstract provided.
Constitutional Law--May A State Prohibit The Designation Of A Particular Undertaker To Perform The Services Required Under A Burial Association Contract?, John J. Hopkins
Constitutional Law--May A State Prohibit The Designation Of A Particular Undertaker To Perform The Services Required Under A Burial Association Contract?, John J. Hopkins
Kentucky Law Journal
No abstract provided.
Conflict Of Laws-Constitutional Law-Full Faith And Credit-Fraternal Benefit Society's Constitution Controlling Over Statute Of Limitations Of Forum State, Bruce L. Moore S.Ed.
Conflict Of Laws-Constitutional Law-Full Faith And Credit-Fraternal Benefit Society's Constitution Controlling Over Statute Of Limitations Of Forum State, Bruce L. Moore S.Ed.
Michigan Law Review
In an action against an Ohio fraternal benefit society to recover insurance benefits resulting from the death of an insured member, the defense was that the constitution of the society prohibited the bringing of an action on such a claim more than six months after disallowance of the claim. This provision was valid under the statutes and court decisions of Ohio. The statute of limitations of the state of the forum, South Dakota, was six years on contract actions. Another statute of South Dakota declared void every stipulation in a contract limiting the time within which a party may enforce …
Constitutional Law-Jury Trial-Validity Of The "Blue Ribbon" Jury, Edward S. Tripp S.Ed.
Constitutional Law-Jury Trial-Validity Of The "Blue Ribbon" Jury, Edward S. Tripp S.Ed.
Michigan Law Review
Defendants, labor union officers, were indicted for conspiracy and extortion. The state moved for a "blue ribbon" jury. Defendants objected to the "blue ribbon" panel on grounds of denial of due process and equal protection; first, because laborers and women were unlawfully excluded from the panel, and also because "blue ribbon" juries were more inclined to convict than common juries. Defendants later accepted each individual juror. Defendants were convicted and the New York appellate court affirmed. The United States Supreme Court granted certiorari. Held, affirmed. Defendants failed to show any intentional and purposeful exclusion which would be prejudicial to …
Jury-Determination Of Damages By Appellate Court As Denial Of Right To Trial By Jury Given By Federal Law, William B. Harvey
Jury-Determination Of Damages By Appellate Court As Denial Of Right To Trial By Jury Given By Federal Law, William B. Harvey
Michigan Law Review
Plaintiff's cause of action arose under the federal Merchant Marine Act, which grants a right to trial by jury. Plaintiff recovered judgment and on appeal defendant asked the court to determine the damages pursuant to provision in the Oregon Constitution vesting in the supreme court the power to determine from the evidence the extent of a plaintiff's damages and to direct the entry of a final judgment for the amount thereof, on appeal from a jury's verdict awarding damages claimed by the defendant to be excessive. Held, the provision is inapplicable in cases arising under the federal Merchant Marine …
Constitutional Law-Taxation-Gross Receipts Taxes In Relation To Interstate Commerce-Freeman V. Hewit, Irving Slifkin S.Ed.
Constitutional Law-Taxation-Gross Receipts Taxes In Relation To Interstate Commerce-Freeman V. Hewit, Irving Slifkin S.Ed.
Michigan Law Review
The scope of state taxation of interstate commerce has been redefined in two recent Supreme Court cases involving the application of state gross receipts taxes. In Freeman v. Hewit and Joseph v. Carter and Weekes Stevedoring Co., the Court discarded the cumulative burdens test, which for the past eight years had served as the basis for determining the extent of state taxation of interstate commerce, and readopted the direct and indirect burden test.
Judgments--Criteria Of Finality Of State Court Decrees For The Purpose Of Federal Review, John M. Veale S.Ed.
Judgments--Criteria Of Finality Of State Court Decrees For The Purpose Of Federal Review, John M. Veale S.Ed.
Michigan Law Review
At the suit of the plaintiff, an incorporated religious organization, a permanent injunction issued from a lower state court enjoining the enforcement of certain ordinances of the defendant City of Los Angeles on the ground that they violated the plaintiff's religious liberty under the Constitutions of California and the United States. The case was appealed to the Supreme Court of California which sustained the ordinances as Constitutional and entered a judgment which provided " . . . the Judgment . . . in the above cause . . . is hereby reversed." On plaintiff's appeal, defendant questioned the jurisdiction of …
Rutledge: A Declaration Of Legal Faith, Merrill N. Johnson S.Ed.
Rutledge: A Declaration Of Legal Faith, Merrill N. Johnson S.Ed.
Michigan Law Review
A Review of A DECLARATION OF LEGAL FAITH. By Wiley Rutledge.
State Regulation Of Interstate Pipelines-Natural Gas Act
State Regulation Of Interstate Pipelines-Natural Gas Act
Indiana Law Journal
Constitutional Law Note
Constitutional Law-Due Process Clause-Right Of An Accused To Have Counsel Appointed By The Court, Frank H. Roberts
Constitutional Law-Due Process Clause-Right Of An Accused To Have Counsel Appointed By The Court, Frank H. Roberts
Michigan Law Review
On May 16, 1932, petitioner, then seventeen years of age, was arraigned, tried, convicted of murder in the first degree and sentenced to life imprisonment. Petitioner was without legal assistance throughout these proceedings, was never advised of his rights to counsel, was never informed of the consequences of a guilty plea and, as disclosed by the record, was considerably confused as to the effect of such plea. In 1945, he moved for leave to file a delayed motion for new trial in the court in which he was convicted, on the ground that there had been serious impairment of his …
Res Judicata---State Court's Dismissal As A Bar To A New Suit On The Same Cause In A Federal Court Exercising Diversity Jurisdiction, Richard J. Archer
Res Judicata---State Court's Dismissal As A Bar To A New Suit On The Same Cause In A Federal Court Exercising Diversity Jurisdiction, Richard J. Archer
Michigan Law Review
A citizen of Virginia brought suit in a North Carolina court against a citizen of North Carolina for a deficiency judgment on a note executed in Virginia ·for the purchase of land in Virginia. Defendant's demurrer to the complaint on the ground that a North Carolina statute precluded recovery was - overruled; defendant appealed. In spite of plaintiff's contention that the statute was an invalid abridgment of the full faith and credit clause of Article IV of the Constitution of the United States, the North Carolina Supreme Court held that the statute effectively barred the action from the state courts …
Constitutional Law-A Federal Commercial Code-Some Possibilities Under The Constitution, Merrill N. Johnson
Constitutional Law-A Federal Commercial Code-Some Possibilities Under The Constitution, Merrill N. Johnson
Michigan Law Review
It is the purpose of this comment to examine various possibilities of federal action which would help to bring about unification, simplification and clarification in the field of commercial law. The term "commercial law" has no commonly accepted connotation; it is taken here to ·include the law of transfers of personal property by commercial methods, of negotiable instruments, of chattel securities, of agency and of business associations; in short, all those fields of law which a Continental lawyer would term "private commercial law."
Constitutional Law-Taking Private Property For Public Use-Control Of Airspace, Robert K. Eifler S.Ed.
Constitutional Law-Taking Private Property For Public Use-Control Of Airspace, Robert K. Eifler S.Ed.
Michigan Law Review
The airspace above land is the object of at least five conflicting claims of right. The owner of the land beneath it claims the right to use it and at least a limited right to prevent its use. The aviator demands the right to fly through it. The airport operator, whether governmental agent or private individual, has an interest in keeping it free from obstructions. The state claims sovereignty over it. The federal government claims the power to control it for the purposes of interstate commerce as well as international relations.
Characterization, Res Judicata And The Lawyers' Clause, C.B. Dutton Jr.
Characterization, Res Judicata And The Lawyers' Clause, C.B. Dutton Jr.
Indiana Law Journal
No abstract provided.
Civil Servants And The Right To Engage In Political Activity
Civil Servants And The Right To Engage In Political Activity
Indiana Law Journal
Notes and Comments: Constitutional Law
Indiana Gross Income Tax And The Commerce Clause
Indiana Gross Income Tax And The Commerce Clause
Indiana Law Journal
Notes and Comments: Constitutional Law
Right To Counsel In Criminal Law
Right To Counsel In Criminal Law
Indiana Law Journal
Notes and Comments: Constitutional Law
Suppression Of Coerced Confessions
Suppression Of Coerced Confessions
Indiana Law Journal
Notes and Comments: Constitutional Law
Constitutional Law-Power Of State To Impose License Tax On Foreign Insurance Company Doing Business In State. [United States Supreme Court]
Washington and Lee Law Review
No abstract provided.
Eminent Domain-Right Of Abutting Owner To Compensation For Use Of Roadway For Purpose Other Than Travel. [Ohio]
Washington and Lee Law Review
No abstract provided.
Constitutional Law-Search And Seizure, Howard A. Jacobs S.Ed.
Constitutional Law-Search And Seizure, Howard A. Jacobs S.Ed.
Michigan Law Review
The most important step in the development of this constitutional provision came in 1886 in the famous case of Boyd v. United States. There the Court gave life to the Fourth Amendment by recognizing its intimate relation to the Fifth Amendment; thus laying the foundation for the federal rule that the Fifth Amendment protects every person from incrimination by the use of evidence obtained through search or seizure made in violation of his rights under the Fourth Amendment. With the exception of a temporary setback in 1903, this rule, as restated in the Weeks case, has effectively weathered a …
Excusing Of Public School Pupils For Religious Instruction, Thomas F. Broden
Excusing Of Public School Pupils For Religious Instruction, Thomas F. Broden
Journal Articles
The separation of Church and State, according to the precepts of the American form of constitutional government, imposes no duty on the public school system to erect a barrier of hostility and antagonism against religion or the churches. Accordingly, a regulation of the Board of Education excusing the weekly absences of pupils for the purpose of receiving religious instruction does not, it was held in People ex rel. Latimer et al. v. Board of Education of City of Chicago, do violence to the compulsory attendance law and is a reasonable rule for the practical administration of the public schools.
Legislative Abolition Of Remedies
Legislative Abolition Of Remedies
Indiana Law Journal
Notes and Comments: Constitutional Law
Amending And Revising State Constitutions, J. E. Reeves, Kenneth E. Vanlandingham
Amending And Revising State Constitutions, J. E. Reeves, Kenneth E. Vanlandingham
Kentucky Law Journal
No abstract provided.