Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 33991 - 34020 of 35038

Full-Text Articles in Law

Municipal Corporations - Constitutional Law-Exemption Of Homesteads From Taxation For State Purposes, Hobart Taylor, Jr. Oct 1943

Municipal Corporations - Constitutional Law-Exemption Of Homesteads From Taxation For State Purposes, Hobart Taylor, Jr.

Michigan Law Review

A taxpayer brought a class suit in his own name for the use and benefit of himself and other taxpayers against the city of Wichita Falls to have an ordinance exempting from all taxes $3,000 of the assessed taxable values of all residence homesteads of the city declared void, and for a permanent injunction restraining the city from allowing such exemption and issuing certificates therefor to owners of homesteads. The ordinance had been passed under authority of a constitutional amendment permitting a similar exemption for "state purposes." Held, a homestead is taxable under the constitution for all purposes other …

Go to article

Abstracts, Katherine Kempfer Oct 1943

Abstracts, Katherine Kempfer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

Go to article

Constitutional Law - Freedom Of Religion - Compulsory Flag Salute, Michigan Law Review Oct 1943

Constitutional Law - Freedom Of Religion - Compulsory Flag Salute, Michigan Law Review

Michigan Law Review

The state of West Virginia enacted an amendment to its statutes in 1941 requiring all schools to conduct courses in history and civics for the purpose of fostering "the ideals, principles and spirit of Americanism," and pursuant thereto the Board of Education adopted a resolution ordering that the flag salute and declaration of allegiance should be a regular part of the program of activities in the public schools. Expulsion from school was provided for nonconformity- and until compliance the child was considered unlawfully absent from school and the parents were liable to fine and imprisonment for causing child delinquency. Appellees …

Go to article

Constitutional Law - Highways - Billboard Regulations-Application Of Easement Principles, Ruth I. Wilson Aug 1943

Constitutional Law - Highways - Billboard Regulations-Application Of Easement Principles, Ruth I. Wilson

Michigan Law Review

In Kelbro, Inc. v. Myrick, where the license and setback requirements of the Vermont outdoor advertising law were sustained together with provisions for summary removal of nonconforming advertisements, the Vermont Supreme Court declared that the commercial billboard companies have no common-law right to the privilege of visibility on which their business depends. Their exploitation of this privilege, it held, is a commercial use of the public thoroughfares which has been permitted only by sufferance and has always been subject to prohibition or regulation by the legislature.

Go to article

Constitutional Law - Due Process Limitations On Statutes Regulating Extrastate Contracts, Michigan Law Review Aug 1943

Constitutional Law - Due Process Limitations On Statutes Regulating Extrastate Contracts, Michigan Law Review

Michigan Law Review

Plaintiffs, reciprocal insurance associations which insure against fire and related risks, and whose attorneys-in-fact are located in Illinois, brought a declaratory judgment action in New York state courts for a determination of the applicability to them of the New York law requiring that such co-operative insurance associations obtain a license, or be prohibited from doing "any act which effects, aids or promotes the doing of an insurance business" in New York. As a condition of the license, submission to the New York regulations is required. The activities of the associations within the state of New York include investigation by engineers …

Go to article

Constitutional Law-Right To Impose A License Tax Upon Dissemination Of Religious Literature - Jones V. Opelika Reversed, Michigan Law Review Aug 1943

Constitutional Law-Right To Impose A License Tax Upon Dissemination Of Religious Literature - Jones V. Opelika Reversed, Michigan Law Review

Michigan Law Review

Petitioners were members of the religious sect "Jehovah's Witnesses," who "sold" and/ or donated religious tracts and literature, and in connection therewith used phonographs and records, in their door to door activities to spread their religious beliefs. They failed to obtain a license for the privilege of canvassing and soliciting, as required of all persons by an ordinance of the city of Jeannette, Pennsylvania, and were convicted and fined for violation thereof. Petitions for leave to appeal to the Supreme Court of Pennsylvania were denied; the case came before the United States Supreme Court on petition for writ of certiorari. …

Go to article

Abstracts, Katherine Kempfer Aug 1943

Abstracts, Katherine Kempfer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

Go to article

Constitutionality Of Parking Meter Ordinance Jul 1943

Constitutionality Of Parking Meter Ordinance

Indiana Law Journal

Notes and Comments: Municipal Corporations

Go to article

Power Of A State To Fix Prices On Milk Sold To An Army Camp Jul 1943

Power Of A State To Fix Prices On Milk Sold To An Army Camp

Indiana Law Journal

Notes and Comments: Constitutional Law

Go to article

Abstracts, Katherine Kempfer Jun 1943

Abstracts, Katherine Kempfer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

Go to article

Some Observations On The Significance Of The American Bill Of Rights, Kenneth C. Cole Apr 1943

Some Observations On The Significance Of The American Bill Of Rights, Kenneth C. Cole

Washington Law Review

Bills of Rights are like New Year's Resolutions. The discipline they impose is self-imposed. It is also usually imposed in a period of sobriety in the fond hope that the conditions which brought forth excesses in the past will not do so in the future. And, more often than not, the history of nations like that of individuals teaches that while the spirit may be willing the flesh is weak. The flesh is weak because solemn declarations of good intention may have no roots in past performance—the history of the people may have developed no institutions providing an earnest that …

Go to article

Military Trial Of Saboteurs Apr 1943

Military Trial Of Saboteurs

Indiana Law Journal

Notes and Comments: Constitutional Law

Go to article

Agriculture As Interstate Commerce Apr 1943

Agriculture As Interstate Commerce

Indiana Law Journal

Notes and Comments: Constitutional Law

Go to article

Constitutional Law - Criminal Law And Procedure - Presence Of Accused During Arguments Of Law, Arthur B. Lathrop Apr 1943

Constitutional Law - Criminal Law And Procedure - Presence Of Accused During Arguments Of Law, Arthur B. Lathrop

Michigan Law Review

The defendant was indicted for a felony on charges of wilfully attempting to "evade or defeat'' federal income taxes based on his failure to report money allegedly received by him from "backers" of numbers games in exchange for political protection. On cross-examination he was questioned about certain payments made in the year following the ones on which the indictment was based. His attorney objected on the ground that the question was going to be the subject of another indictment against the defendant, and asked that the jury be dismissed while an argument was had upon the point of law raised. …

Go to article

Constitutional Law - Validity Of Rent Provisions Of Emergency Price Control Act, George T. Schilling Feb 1943

Constitutional Law - Validity Of Rent Provisions Of Emergency Price Control Act, George T. Schilling

Michigan Law Review

The administrator of the Office of Price Administration brought an action in a federal district court to enjoin defendant from violating the rent provisions of the Emergency Price Control Act of 1942, and orders and regulations issued pursuant thereto. Defendant, by way of counterclaim, challenged the constitutionality of the act and Regulation No. 10 and sought an in junction restraining plaintiff from enforcing against her the provisions of the act, from interfering with the use and occupancy of her premises and her right to invoke the jurisdiction of the state courts, and requesting the suspension of the penal provisions of …

Go to article

Constitutional Law - Interstate Commerce - Agricultural Adjustment Act, H. Marshall Peter Feb 1943

Constitutional Law - Interstate Commerce - Agricultural Adjustment Act, H. Marshall Peter

Michigan Law Review

Under the terms of the Agricultural Adjustment Act of 1938, the Secretary of Agriculture is authorized, whenever it appears that the nation's wheat supply will exceed a certain amount, so to proclaim and to put into effect a marketing quota. A referendum must be conducted among the farmers, and if more than one-third oppose, the operation of the quota must be suspended. In July, 1940, the appellee was given notice of an allotment for his 1941 crop. This notice preceded his fall planting of that crop, and another notice a year later preceded its harvesting. The amendment of May 26, …

Go to article

Abstracts, Katherine Kempfer Feb 1943

Abstracts, Katherine Kempfer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

Go to article

Constitutional Law - Constitutionality Of Tire Rationing, Malcolm M. Davisson Feb 1943

Constitutional Law - Constitutionality Of Tire Rationing, Malcolm M. Davisson

Michigan Law Review

Plaintiff, Price Administrator, sought to enjoin defendants from selling rubber tires and tubes to consumers without tire rationing certificates as required by the tire rationing regulations. Defendants contended that the regulations were void under the Fifth Amendment as taking of property without due process of law and without just or any compensation. Held, judgment for plaintiff. The tire rationing regulations, a proper exercise of the war powers vested by Congress in the President or some duly constituted department, agency, or officer of the federal government, are not in contravention of the prohibition of the Fifth Amendment against the taking …

Go to article

Administrative Boards And Delegation Power, William Burns Lawless Jan 1943

Administrative Boards And Delegation Power, William Burns Lawless

Journal Articles

With the growth of American federalism and the passing of the doctrines of laissez faire as axioms of economic and political legal theory, the Congressional function magnified. Throughout the last decade the multiphased problems of Congress has necessitated the creation of administrative commissions to perform-the policies of the legislature. Congress continues to declare the law and determine the legal principle to control in given cases. In the same breath of legal creation it goes farther and provides for an administrator or commission to vitiate the doctrine set-out. The transfusion of power from the national legislature to the administrator promotes sensitive …

Go to article

Right Of Indigent Prisoner To Counsel Jan 1943

Right Of Indigent Prisoner To Counsel

Indiana Law Journal

Notes and Comments: Constitutional Law

Go to article

Speech As Conditional Privilege In National Labor Relations Board Cases, Reynolds C. Seitz Jan 1943

Speech As Conditional Privilege In National Labor Relations Board Cases, Reynolds C. Seitz

Kentucky Law Journal

No abstract provided.

Go to article

Constitutionality Of The Act Permitting State Departments And Agencies To Employ Attorneys, Robert M. Spragens Jan 1943

Constitutionality Of The Act Permitting State Departments And Agencies To Employ Attorneys, Robert M. Spragens

Kentucky Law Journal

No abstract provided.

Go to article

Due Process And The Wartime Draft Of Manpower, Clyde L. Colson Dec 1942

Due Process And The Wartime Draft Of Manpower, Clyde L. Colson

West Virginia Law Review

No abstract provided.

Go to article

States--Constitutional Limitations--Loan Of Credit, L. E. B. Dec 1942

States--Constitutional Limitations--Loan Of Credit, L. E. B.

West Virginia Law Review

No abstract provided.

Go to article

Constitutional Law-Trial By Jury-Conditions Of Valid Waiver Dec 1942

Constitutional Law-Trial By Jury-Conditions Of Valid Waiver

Michigan Law Review

Until the rendition of the Supreme Court's lengthy opinion in Patton v. United States the consequence of a defendant's waiver of his constitutional right to trial by jury in criminal cases, and his resultant trial without a jury of twelve persons, was matter for vigorous disputation. The decisions from various jurisdictions are conflicting and confused. Some courts have declared flatly that the right cannot be validly waived and that conviction following an attempted waiver is a nullity. But their reasons for so holding are widely variant.

Go to article

Contempt By Publication In West Virginia, G. W. E. Dec 1942

Contempt By Publication In West Virginia, G. W. E.

West Virginia Law Review

No abstract provided.

Go to article

Constitutional Law-Saboteurs And The Jurisdiction Of Military Commissions, George T. Schilling Dec 1942

Constitutional Law-Saboteurs And The Jurisdiction Of Military Commissions, George T. Schilling

Michigan Law Review

The jurisdiction of military tribunals in the United States has troubled political and legal writers since the days of the Revolution. Decided cases are not numerous. The boundaries separating military and civil jurisdiction are not precise. Observations of the plight of oppressed peoples in other lands as well as the conception of total war and the course of action necessary for survival warrant a reexamination and reappraisal of our constitutional guarantees, which were in part based upon and reflect a fear of tyrannical military rule. A pronouncement of the Supreme Court of the United States in this field is, therefore, …

Go to article

Recent Decisions, Michigan Law Review Oct 1942

Recent Decisions, Michigan Law Review

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

Go to article

Constitutional Law - Impairing The Obligation Of Contracts - New York Decedents' Estate Law, Robert Walsh Oct 1942

Constitutional Law - Impairing The Obligation Of Contracts - New York Decedents' Estate Law, Robert Walsh

Michigan Law Review

By a premarital agreement executed in 1922 the wife of decedent waived all rights in his estate. The waiver was signed but not acknowledged. In August, 1930, decedent executed a will leaving $2,000 to his wife. In September, 1930, there went into effect an amendment of the Decedents' Estate Law of New York, which gave to a widow an election to take under or against the will of her husband and provided that such election could be waived only by an instrument signed and acknowledged. The statute applied only to wills executed after September, 1930. The decedent executed a codicil …

Go to article

Another Jehovah's Witness Case Aug 1942

Another Jehovah's Witness Case

Indiana Law Journal

Notes and Comments: Constitutional Law

Go to article

First Prev Next Last