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Articles 34021 - 34050 of 35040

Full-Text Articles in Law

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 …

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Another Jehovah's Witness Case Aug 1942

Another Jehovah's Witness Case

Indiana Law Journal

Notes and Comments: Constitutional Law

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Constitutional Law - Involuntary Servitude, John W. Potter Aug 1942

Constitutional Law - Involuntary Servitude, John W. Potter

Michigan Law Review

Appellant was indicted under a Georgia statute which provided that anyone who contracted to perform services of any kind with the intent not to perform such services was subject, upon conviction, to fine and /or imprisonment. Proof of the contract, procurement of money or any other thing of value, and the failure to perform the service or to return the money advanced without good and sufficient cause were stated to be presumptive evidence of the requisite intent. Appellant claimed that the statute violated the Thirteenth Amendment and the due process clause of the Fourteenth Amendment. The state court held the …

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Evidence - Constitutional Problems In Compelling The Attendance Of Witnesses Outside The State, Paul J. Keller, Jr. Aug 1942

Evidence - Constitutional Problems In Compelling The Attendance Of Witnesses Outside The State, Paul J. Keller, Jr.

Michigan Law Review

Cooper, a citizen of New Jersey, was sought as a witness by a defendant in a criminal prosecution in a New York court in accordance with a New Jersey statute, which allowed such a procedure upon certain conditions. The conditions included a hearing in New Jersey on the summons and provisions for compensation and immunity from service of process while acting on the writ outside the state. At the New Jersey hearing on the summons Cooper objected on the ground that the statute was an unconstitutional deprivation of his liberty. Held, that the statute is constitutional. In re Cooper …

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Profits A Prendre And Interstate Price-Fixing, C. C. Williams Jr., Kemble White Jr. Jun 1942

Profits A Prendre And Interstate Price-Fixing, C. C. Williams Jr., Kemble White Jr.

West Virginia Law Review

No abstract provided.

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Constitutional Law--Validity Of Special Legislation--Acts Authorizing Reopening Of Claims Under Workmen's Compensation Law, G. W. E. Jun 1942

Constitutional Law--Validity Of Special Legislation--Acts Authorizing Reopening Of Claims Under Workmen's Compensation Law, G. W. E.

West Virginia Law Review

No abstract provided.

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The Constitution And The Guarantee Of Freedom, James T. Shotwell Jun 1942

The Constitution And The Guarantee Of Freedom, James T. Shotwell

James Goold Cutler Lecture

No abstract provided.

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Constitutional Law - Labor Law - Recent Ramifications Of The Application Of Free Speech Doctrines To The Protection Of Picketing, William H. Kinsey Jun 1942

Constitutional Law - Labor Law - Recent Ramifications Of The Application Of Free Speech Doctrines To The Protection Of Picketing, William H. Kinsey

Michigan Law Review

When the United States Supreme Court declared that peaceful picketing was protected by the constitutional guaranty of free speech, it raised the interesting question how the doctrines shielding the traditional modes of free speech were to be adapted to the preservation of picketing. A smooth cloaking of the right to picket with the sanctity of a constitutionally protected civil liberty is complicated by various factors such as the ease with which picketing may lead to violence, the elements of economic coercion inherent in even peaceful picketing, and the detrimental repercussions upon strangers to the controversy. As a result the clash …

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Constitutional Law - Commerce Clause - Regulation Of Renovated Butter Manufacture, Michigan Law Review May 1942

Constitutional Law - Commerce Clause - Regulation Of Renovated Butter Manufacture, Michigan Law Review

Michigan Law Review

Plaintiff, who was engaged in the manufacture of renovated butter from packing stock butter, brought an action to enjoin Alabama officials from enforcing state laws relating to the inspection and seizure of the raw material. Plaintiff contended that since the production of renovated butter was taxed and regulated by the United States, state action was excluded. The federal act conferred upon the Secretary of Agriculture, among other things the duty of ascertaining "whether or not materials used in the manufacture of said process or renovated butter are deleterious to health or unwholesome in the finished product, and in case such …

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Constitutional Law - Due Process - Notice And Hearing - Validity Of Statute Authorizing Seizure Of Property Illegally In Possession Of Pawnbroker, Wilbur Jacobs May 1942

Constitutional Law - Due Process - Notice And Hearing - Validity Of Statute Authorizing Seizure Of Property Illegally In Possession Of Pawnbroker, Wilbur Jacobs

Michigan Law Review

Complainant, believing his property to be illegally in the possession of defendant pawnbroker, obtained a search warrant, authorized by statute to be issued, on complaint under oath, by any magistrate who is satisfied that there is reasonable cause for complainant's belief. Although the statute required the property to be seized and delivered to complainant on his posting a bond for double the value of the property, the property was not in fact seized. However, actual notice to appear and be heard on a certain date was given to the defendant, even though such notice was not expressly required by the …

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Constitutional Law - Commerce Clause - Power To Regulate Intrastate Transactions - Milk Prices, Michigan Law Review May 1942

Constitutional Law - Commerce Clause - Power To Regulate Intrastate Transactions - Milk Prices, Michigan Law Review

Michigan Law Review

Pursuant to the Agricultural Marketing Agreement Act of 1937, conferring on the Secretary of Agriculture the power to regulate the handling of milk which is "in the current of interstate or foreign commerce, or which directly burdens, obstructs or affects interstate or foreign commerce in such commodity or product thereof," the secretary issued marketing orders fixing minimum prices to be paid to producers of milk in the Chicago area. Respondent, who purchased and sold milk only within the state of Illinois, refused to comply with the order. The United States sought enforcement of the order, but the complaint was dismissed. …

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The Virginia Bill Of Rights, Leonard C. Helderman Mar 1942

The Virginia Bill Of Rights, Leonard C. Helderman

Washington and Lee Law Review

No abstract provided.

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Protection Against Invasion Of Privacy In Communications: The Olmstead Case Sustained Mar 1942

Protection Against Invasion Of Privacy In Communications: The Olmstead Case Sustained

Washington and Lee Law Review

No abstract provided.

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Constitutional Law - State Control Of Interstate Migration Of Indigents, Edward W. Adams Mar 1942

Constitutional Law - State Control Of Interstate Migration Of Indigents, Edward W. Adams

Michigan Law Review

The interstate migration of persons presents the United States with one of its most acute economic and social problems and carries in its wake a series of significant legal questions. Of paramount importance is the constitutional question whether the migration of indigents is subject to state control. To lend understanding to this problem, attention will be called first to the basic economic and social urges underlying interstate migration and second to the position of the indigent as defined by traditional legal concepts. To complete the discussion, suggestions will be offered for corrective federal legislation.

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Constitutional Law -- Due Process -- Price-Fixing, Michigan Law Review Mar 1942

Constitutional Law -- Due Process -- Price-Fixing, Michigan Law Review

Michigan Law Review

A Nebraska statute required the licensing of private employment agencies and limited maximum compensation for services rendered to ten per cent of the first month's salary or wages of the person for whom employment was obtained. In this case the Secretary of Labor of Nebraska refused to issue a license because of the applicant's refusal to limit its compensation to the statutory maximum. In a suit for a peremptory writ of mandamus to compel the issuing of the license, the Secretary of Labor relied on the statute. In reliance on Ribnik v. McBride, the Supreme Court of Nebraska, with …

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Constitutional Law - State Proration Acts - Regulation Of Production When Sales Are Largely Interstate, Michigan Law Review Mar 1942

Constitutional Law - State Proration Acts - Regulation Of Production When Sales Are Largely Interstate, Michigan Law Review

Michigan Law Review

The plaintiff, a raisin packer in the state of California, was prevented from purchasing in open market to fill his out-of-state orders because of the California Agricultural Proration Act. By its provisions the producers of raisin grapes are required to turn over seventy per cent of their produce to state "pools." The remaining thirty per cent may be sold without restriction, providing the producer holds certificates issued by a commission. Packers are permitted to purchase only from such certificate holders. These packers operate within California, buying from producers and selling to jobbers, wholesalers, brokers, etc., for resale to the public. …

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Constitutional Law - Due Process Of Law - Freedom Of Expression In Commercial Handbills, Edward W. Adams Feb 1942

Constitutional Law - Due Process Of Law - Freedom Of Expression In Commercial Handbills, Edward W. Adams

Michigan Law Review

Petitioner desired to display for profit a privately owned submarine. Upon application, he was denied permission to tie up at the New York City docks, and so he obtained permission to use state-owned docks. He petitioned the police commissioner for permission to distribute handbills advertising his display, but because of a New York City ordinance providing that any handbill which was commercial in nature could not be circulated, this was refused. Petitioner then prepared a handbill with commercial matter referring to the display on one side, and on the other side a protest against the city's refusal to allow petitioner …

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Libel--Libel Per Se--Fair Comment--Attributing Anton-Semitism To Congressman, D. D. J. Jr. Feb 1942

Libel--Libel Per Se--Fair Comment--Attributing Anton-Semitism To Congressman, D. D. J. Jr.

West Virginia Law Review

No abstract provided.

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Constitutional Law-Taxation - Express Immunity Of Federal Instrumentalities, Michigan Law Review Feb 1942

Constitutional Law-Taxation - Express Immunity Of Federal Instrumentalities, Michigan Law Review

Michigan Law Review

A federal land bank filed a complaint against defendant lumber company and the tax commissioner seeking exemption from a state sales tax on purchases of lumber by the bank. The Supreme Court of North Dakota found the bank liable for the tax and on certiorari to the United States Supreme Court it was held, that the Federal Farm Loan Act conferred express immunity from the tax upon the bank and that such Congressional exemption was constitutional by virtue of the "necessary and proper" clause. Federal Land Bank of St. Paul v. Bismarck Lumber Co. (U.S. 1941) 62 S. Ct. …

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A Proposal For Co-Operative Research On The Bill Of Rights, Jerome Hall Jan 1942

A Proposal For Co-Operative Research On The Bill Of Rights, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

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Constitutional Aspects Of The Conflict Of Laws: Recent Developments, Joseph O'Meara Jan 1942

Constitutional Aspects Of The Conflict Of Laws: Recent Developments, Joseph O'Meara

Journal Articles

In diversity-of-citizenship cases Erie v. Tompkins has been extended to the field of conflict of laws by Klaxon Co. v. Stentor Electric Mfg. Co. This "prohibition...against...independent is in line with an earlier pronouncement, in Kryger v. Wilson in 1916, that "a mistaken application of doctrines of the conflict of laws...being purely a question of local common law, is a matter with which [the United States Supreme Court] is not concerned," and with the repeated declaration that "the Constitution...does not guarantee that the decisions of state courts shall be free from error."

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The Amending Of The Federal Constitution, Lester Bernhardt Orfield Jan 1942

The Amending Of The Federal Constitution, Lester Bernhardt Orfield

Michigan Legal Studies Series

MOST treatises on constitutional law dispose of the federal amending clause in summary fashion. The commentators have thought fit to stress chiefly the division of authority between the federal government and the states. They have attached a high degree of significance to the dogma of separation of powers. A great deal of attention has been devoted to the doctrines of judicial review, the supremacy of the Federal Constitution, and the Bill of Rights. The taxation and the commerce clauses have come in for their full share of consideration. In recent years extensive studies have been made of the due process …

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Constitutional Law - Federal Election Laws - Primary Elections, Brooks F. Crabtree Jan 1942

Constitutional Law - Federal Election Laws - Primary Elections, Brooks F. Crabtree

Michigan Law Review

Several members of the New Orleans Board of Commissioners of Elections were indicted on charges of having fraudulently altered and counted numerous votes in a Louisiana primary election to nominate a candidate of the Democratic Party for representative in the United States Congress. The indictments were brought under sections 19 and 20 of the Criminal Code of the United States which make it a criminal offense to injure or deprive a citizen of any right or privilege secured to him under the Constitution. The defendants were alleged to have conspired together to deprive citizens in Louisiana of the right to …

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Administrative Hearings Under The Federal Constitution, George E. Hale Jan 1942

Administrative Hearings Under The Federal Constitution, George E. Hale

Kentucky Law Journal

No abstract provided.

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Los Partidos Políticos En La Constitución Vigente, Antonío Lancis Jan 1942

Los Partidos Políticos En La Constitución Vigente, Antonío Lancis

Mario Diaz Cruz Pamphlets

Universidad de La Habana.

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Constitutional Law - Constitutionality Of State Sales Tax On Defense Materials Purchased Under A Cost-Plus-A-Fixed-Fee Contract With The Federal Government, Lloyd M. Forster Jan 1942

Constitutional Law - Constitutionality Of State Sales Tax On Defense Materials Purchased Under A Cost-Plus-A-Fixed-Fee Contract With The Federal Government, Lloyd M. Forster

Michigan Law Review

X had a cost-plus-a-fixed-fee contract with the federal government, under which the government reserved the right to pay directly for purchases made by X pursuant to contract to give prior authorization for each purchase over $500, to inspect and acquire title to materials delivered under such contract, and to furnish materials itself. X ordered lumber from plaintiff, who contested the constitutionality of an Alabama sales tax levied on this sale, contending that the tax was levied on a transaction by which the United States secured goods for governmental purposes. Held, the tax should be sustained, since X, and …

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Tendencies In American Constitutional Law, Hugh Evander Willis Jan 1942

Tendencies In American Constitutional Law, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

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Constitutional Law--Impairment Of Contract--Retrospective Limitations On Claims Under Optional Compensation System, E. I. E. Dec 1941

Constitutional Law--Impairment Of Contract--Retrospective Limitations On Claims Under Optional Compensation System, E. I. E.

West Virginia Law Review

No abstract provided.

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Constitutional Law--Obligation Of Contract Clause--Tax Titles, H. L. W. Jr. Dec 1941

Constitutional Law--Obligation Of Contract Clause--Tax Titles, H. L. W. Jr.

West Virginia Law Review

No abstract provided.

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Constitutional Law--Punishment For Crime--Requirement That Penalty Be Proportioned To Offence, B. D. T. Dec 1941

Constitutional Law--Punishment For Crime--Requirement That Penalty Be Proportioned To Offence, B. D. T.

West Virginia Law Review

No abstract provided.

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