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Articles 33931 - 33960 of 35041
Full-Text Articles in Law
Constitutional Law-Interstate Commerce-Congressional Consent To Discriminatory State Taxation, George Brody S.Ed.
Constitutional Law-Interstate Commerce-Congressional Consent To Discriminatory State Taxation, George Brody S.Ed.
Michigan Law Review
South Carolina statutes imposed upon foreign insurance companies a tax of 3 per cent of the aggregate premiums received from business done within the state, without reference to its interstate or local character, as a condition to receiving a certificate of authority to do business within the state. No similar tax was imposed upon domestic insurance companies. The Prudential Life Insurance Company, a New Jersey corporation doing business in South Carolina, refused to pay, contending that since it was a discriminatory tax it was unconstitutional. Furthermore, Prudential challenged the power of Congress to consent to the levying of such discriminatory …
Constitutional Law-Interstate Commerce-State Regulation Of Insurance, Eugene H. Lattin
Constitutional Law-Interstate Commerce-State Regulation Of Insurance, Eugene H. Lattin
Michigan Law Review
The California Insurance Code forbids a person to act as agent for an insurance company until a license is obtained from the commissioner, and forbids acting as agent for any non-admitted insurer in the transaction of insurance business in the state. Summarily stated, the provisions for the admission of insurance companies forbid either foreign or domestic companies to do a life insurance business in California other than on a legal reserve basis, thereby excluding the company represented by appellant as its agent. Appellant was convicted for violations of both provisions of the law. He contended that these sections, as applied …
Constitutional Law-State Apportionment For Congressional Elections-Justiciability Of Issue, L. B. Brody S.Ed.
Constitutional Law-State Apportionment For Congressional Elections-Justiciability Of Issue, L. B. Brody S.Ed.
Michigan Law Review
Petitioners, three qualified Illinois voters, filed a proceeding in a United States district court composed of three judges, seeking a determination under the Federal Declaratory Judgment Act that the 1901 State Apportionment Act of Illinois was in violation of the Fourteenth Amendment and Article I of the Constitution, in that it denied to citizens of the United States the equal and unabridged right to vote for Congressmen. On direct appeal to the Supreme Court of a dismissal of the petition by the lower court, the complaint alleged that the statute apportioning the State of Illinois was void in that it …
Constitutional Law-Due Process Of Law-Freedom Of The Press To Criticize The Judiciary-Clear And Present Danger Test, Merrill N. Johnson
Constitutional Law-Due Process Of Law-Freedom Of The Press To Criticize The Judiciary-Clear And Present Danger Test, Merrill N. Johnson
Michigan Law Review
The editor and publisher of the Miami Herald published two editorials and a cartoon which inaccurately portrayed the local circuit court as willing to "accept, even go out to find, every possible technicality of the law to protect the defendant, to block, thwart, hinder, embarass and nullify prosecution" in certain criminal cases then before the court. They were cited in contempt of the circuit court for tending to obstruct and interfere with the impartial administration of justice. Found guilty of the charges, the petitioners appealed to the Florida Supreme Court, which affirmed the decision declaring that the object of the …
Comity Of Relations Between Governments Of The Several States And The National Government As Affected By Federal Judicial Review, James R. Lewis
Comity Of Relations Between Governments Of The Several States And The National Government As Affected By Federal Judicial Review, James R. Lewis
Kentucky Law Journal
No abstract provided.
Naturalization--Requirement Of Willingness To Bear Arms, William O. Gilbreath
Naturalization--Requirement Of Willingness To Bear Arms, William O. Gilbreath
Kentucky Law Journal
No abstract provided.
The Constitution Making Process, J. E. Reeves
The Constitution Making Process, J. E. Reeves
Kentucky Law Journal
No abstract provided.
Jury -- Determination Of Damages By Appellate Court As Denial Of Right To Trial By Jury Given By Federal Law, William Burnett Harvey
Jury -- Determination Of Damages By Appellate Court As Denial Of Right To Trial By Jury Given By Federal Law, William Burnett Harvey
Articles by Maurer Faculty
No abstract provided.
Book Review. A Declaration Of Legal Faith By Wiley Rutledge, Fowler V. Harper
Book Review. A Declaration Of Legal Faith By Wiley Rutledge, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Congressional Silence: A Tool Of Judicial Supremacy, Frank Edward Horack Jr.
Congressional Silence: A Tool Of Judicial Supremacy, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Constitutional Law-Interstate Commerce-Carriers-Validity Of State Statute Requiring Racial Segregation Of Passengers, George Brody S.Ed.
Constitutional Law-Interstate Commerce-Carriers-Validity Of State Statute Requiring Racial Segregation Of Passengers, George Brody S.Ed.
Michigan Law Review
Appellant, a passenger on a motor common carrier, was traveling from Virginia to Baltimore. Pursuant to a Virginia statute requiring all passenger motor carrier vehicles to "separate without discrimination the white and colored passengers in their motor busses so that contiguous seats will not be occupied by persons of different races at the same time" the driver of the carrier upon which appellant was traveling requested her to vacate her seat so that it could be used by a white passenger. She refused and was arrested and convicted under authority of a statute punishing such refusal. The Virginia Supreme Court …
Procedural Due Process In The Cancellation Of Air Mail Route Certificates [Part 2], Ernest Howard Campbell
Procedural Due Process In The Cancellation Of Air Mail Route Certificates [Part 2], Ernest Howard Campbell
Washington Law Review
A continuation of the article from the July 1946 issue.
Constitutional Law-Martial Law-Trial Of Civilians By Military Tribunals In Hawaii, Robert Cardon
Constitutional Law-Martial Law-Trial Of Civilians By Military Tribunals In Hawaii, Robert Cardon
Michigan Law Review
On the day of the attack on Pearl Harbor, the Governor of Hawaii suspended the writ of habeas corpus and declared martial law in that territory, acting under authority of the Organic Act of Hawaii. At the Governor's request, the Commanding General of the Hawaiian Department of the Army proclaimed himself Military Governor of the Islands, and established military tribunals to try all violations ,of existing federal laws and military regulations thereafter to be promulgated. The following day all civil courts were closed, and the next day the President approved the Governor's action. One week later, the law courts were …
Constitutional Law - Intergovernmental Immunities - Statutory Construction-Applicability Of Price Control Legislation To Sales By States, John F. O'Connor
Constitutional Law - Intergovernmental Immunities - Statutory Construction-Applicability Of Price Control Legislation To Sales By States, John F. O'Connor
Michigan Law Review
The Administrator, Office of Price Administration, brought action against the Commissioner of Public Lands of the State of Washington to enjoin the sale of timber on state school lands at a price in excess of that fixed by Price Regulation No. 460, implementing the Emergency Price Control Act. The lands were granted to the state for the support of common schools by the Congressional Enabling Act which admitted Washington to the Union. The state law required the sale of such timber to the highest bidder. On certiorari from the circuit court of appeals which reversed a judgment of the district …
Constitutional Law-Removal Of Executive Employees By Act Of Congress-Bill Of Attainder, John A. Huston S.Ed.
Constitutional Law-Removal Of Executive Employees By Act Of Congress-Bill Of Attainder, John A. Huston S.Ed.
Michigan Law Review
Respondents, three employees of the federal government, were, among other federal officeholders, accused by Congressman Martin Dies of having engaged in subversive activities and were investigated by a special subcommittee of the House of Representatives on that charge. Upon a report of this committee that the respondents were guilty of such activities, the House attached a rider, in section 304, to the Urgent Deficiencies Appropriation Act, 1943, which prohibited, after November 15, 1943, the application of any appropriation to the payment of respondents' compensation, except as jurors or members of the armed forces, unless prior to November 15 they should …
Procedural Due Process In The Cancellation Of Air Mail Route Certificates [Part 1], Ernest Howard Campbell
Procedural Due Process In The Cancellation Of Air Mail Route Certificates [Part 1], Ernest Howard Campbell
Washington Law Review
While the dominant concern in this article is to consider the legality and propriety of the issuance of the order canceling air mail route certificates in February, 1934, the requirements of procedural due process of the Fifth Amendment of the Federal Constitution in promulgating this order, and the litigation resulting therefrom, the historical and congressional background of the aviation industry, with special emphasis upon air mail, will first be briefly surveyed.
Constitutional Law-Due Process-Retroactive Application Of Statute Of Limitation To Previously Barred Claim, James R. Bliss
Constitutional Law-Due Process-Retroactive Application Of Statute Of Limitation To Previously Barred Claim, James R. Bliss
Michigan Law Review
In 1943 appellee Rowley, filed claim with the Department of Labor and Industry, under the Washington Industrial Insurance Act, for compensation for aggravation of an injury suffered, while employed by appellant in 1937, in the course of his employment. The claim was barred by a provision of the then existing statute which placed a three year limit on the filing of such claims; but by amendment in 1941 the time limit was extended to five years, with a proviso, under which appellee claimed, that "any such applicant whose compensation has heretofore been established or terminated shall have five years from …
Constitutional Law--State Taxation Of Interstate Commerce, George Brody S.Ed.
Constitutional Law--State Taxation Of Interstate Commerce, George Brody S.Ed.
Michigan Law Review
The city of Richmond by ordinance required all solicitors to pay an annual tax before being permitted to solicit business within the city. Appellant, a representative of a Washington, D.C. firm, was arrested for soliciting without having previously procured the required license. Appellant was convicted and her conviction was upheld by the Supreme Court of Appeals of Virginia. On appeal to the United States Supreme Court she contended that the statute upon which her conviction was based was unconstitutional, inasmuch as it was repugnant to the Commerce Clause of the Federal Constitution. Held, reversed. Taxes that discriminate against interstate …
Constitutional Law-Public Utility Holding Company Act--Validity Of Holding Company "Death Sentence" Clause, John A. Huston
Constitutional Law-Public Utility Holding Company Act--Validity Of Holding Company "Death Sentence" Clause, John A. Huston
Michigan Law Review
Petitioner was the topmost holding company in a public utility holding company system which included eighty subsidiaries and served three million customers in seventeen states. By provision of section 11 (b) (1) of the Public Utility Holding Company Act of 1935, the Securities and Exchange Commission was empowered to limit the operations of a holding company registered with it under the act to "a single integrated public utility system." Acting under this authority, the commission ordered petitioner, a registered company, to divest itself of all its subsidiary holdings excepting certain interests regarded by the commission as a single integrated system …
Constitutional Amendments—Some Current Proposals, Paul P. Ashley
Constitutional Amendments—Some Current Proposals, Paul P. Ashley
Washington Law Review
The purpose of this article is to catalogue currently proposed amendments for the convenience of the segment of society most competent to pass upon them Principal contentions pro and con will be summarized or indicated
Constitutional Law-Freedom Of Speech And Religion-What Constitutes State Action, George Brody S.Ed.
Constitutional Law-Freedom Of Speech And Religion-What Constitutes State Action, George Brody S.Ed.
Michigan Law Review
Appellant, a Jehovah Witness, attempted to distribute religious literature in Chickasaw, a town in Alabama, owned by the Gulf Shipbuilding Corporation. Appellant was told by the corporate authorities that the town was private property and that she would not be permitted to distribute her literature. She was also asked to leave and when she refused to do so was arrested and prosecuted under an Alabama trespass statute. In her defense, appellant contended that to apply this statute to her activities in Chickasaw would abridge her right to freedom of press and religion as guaranteed by the Fourteenth Amendment. She was …
Constitutional Law-Intergovernmental Immunities-Federal Tax On State Function, Joseph N. Morency, Jr.
Constitutional Law-Intergovernmental Immunities-Federal Tax On State Function, Joseph N. Morency, Jr.
Michigan Law Review
In 1911 the State of New York began to acquire title to all of the lands in the Saratoga Springs area with a view to halting excessive pumping of the mineral waters for which the springs are famous. As a result of state ownership the area became a state reservation which, in 1930, was placed under control of, the Saratoga Springs Commission. A hotel-sanitarium, recreational facilities, bath houses, drink halls, a research laboratory as well as state operation of the springs were part of a state program under legislative authority. During the period from 1932 to 1934, sales of the …
Constitutional Law-Trial By Military Commission Of Enemy Combatant After Cessation Of Hostilities-Scope Of Inquiry In Habeas Corpus Proceedings, L. B. Brody S.Ed.
Constitutional Law-Trial By Military Commission Of Enemy Combatant After Cessation Of Hostilities-Scope Of Inquiry In Habeas Corpus Proceedings, L. B. Brody S.Ed.
Michigan Law Review
Petitioner, the Commanding General of the Fourteenth Army Group of the Imperial Japanese Army in the Philippine Islands, surrendered to and became a prisoner of war of the United States Army Forces in Baguio, Philippine Islands on September 3, 1945. By order of respondent, petitioner was served, on September 25, with a charge setting forth a violation of the law of war. On October 8 petitioner, after pleading not guilty to the charge, was held for trial before a military commission of five Army officers appointed by General Styer, and a bill of particulars was filed by the prosecution specifying …
Constitutional Law-Protection Of Civil Liberties-Federal Criminal Prosecution Of State Police Officers-Constitutionality And Construction Of Section 20 Of Criminal Code, George Brody
Michigan Law Review
In United States v. Classic the Civil Liberties Unit of the Department of Justice resurrected the long dormant section 20 of the United States criminal code to prosecute successfully election officials in Louisiana for altering and falsely counting ballots cast in a Louisiana primary for representatives to Congress. Although the acts of the defendants were also in violation of state law the court asserted that "misuse of power possessed by virtue of state law and made possible only because the wrongdoer is clothed with authority of state law, is action taken under color of state law" and therefore within the …
Constitutional Law--Impairment Of Obligation Of Contract--Mortgage Moratorium--Determination Of The Existence Of An Emergency, George Brody
Constitutional Law--Impairment Of Obligation Of Contract--Mortgage Moratorium--Determination Of The Existence Of An Emergency, George Brody
Michigan Law Review
In 1943 the New York State Legislature extended its moratorium legislation for another year, thereby continuing the suspension of mortgage foreclosure proceedings on real property due to default in payments on principal. The legislature declared that an emergency still existed and therefore the continuance of legislative action, first taken in 1933, was justified. The law made payment of interest, taxes, insurance and amortization charges a prerequisite to suspension of foreclosure. Appellant brought an action to foreclose a mortgage on appellee's property for the non-payment of principal, contending that the suspension of foreclosure proceedings resulted in an impairment of the obligation …
The Dissolving Structure Of Our Constitutional Law, Edward S. Corwin
The Dissolving Structure Of Our Constitutional Law, Edward S. Corwin
Washington Law Review
Accepting the Clausewitz thesis that "war is only an extension of policy," we are free to say that the politicians have created chaos in these latter days in a rather wholesale way. But that is another story. The World Revolution is not my topic, but the comparatively limited revolution which we have been witnessing in our own country the last few years in consequence of the New Deal and more recently of the war. How has this revolution affected conceptions of governmental power in the United States; how is it to be evaluated in terms of American Constitutional Law? For …
Mr. Justice William Johnson And The Common Incidents Of Life: Ii, A. J. Levin
Mr. Justice William Johnson And The Common Incidents Of Life: Ii, A. J. Levin
Michigan Law Review
Here must be the key to Johnson's constitutional jurisprudence, which time, and the effect of the repression of Marshall's domination has obscured. The dynamic pattern of his thought is, however, unmistakable when analyzed without the burden of prepossession. There can be little meaning to what Johnson said in Ogden v. Saunders unless conceived in relation to Johnson's whole approach to man and society and his repeated insistence upon "that communication of thought and experiment without which nothing human can advance in improvement." Otherwise, we are unable to reconcile his repeated dwelling upon the literal meaning of words and their "technical …
Mr. Justice William Johnson And The Common Incidents Of Life: I, A. J. Levin
Mr. Justice William Johnson And The Common Incidents Of Life: I, A. J. Levin
Michigan Law Review
When Justice Oliver Wendell Holmes filed his brief dissenting opinion in Lochner v. New York in 1905 he must have noticed something new on the American horizon. In this now famous opinion he initiated the first steps which were to usher in a new era in American jurisprudence. "General propositions do not decide concrete cases," he announced with axiomatic brevity and, thus, gave the first telling blow to what may well be termed "introspective jurisprudence." This generalization on the subject of generality was followed in the opinion by a more concrete application, the implementing assertion that a reasonable man might …