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Articles 34081 - 34110 of 35036
Full-Text Articles in Law
A Lawyer Looks At Liberty, Clarence E. Manion
A Lawyer Looks At Liberty, Clarence E. Manion
Indiana Law Journal
No abstract provided.
National Defense And Individual Liberties, Wilbur G. Katz
National Defense And Individual Liberties, Wilbur G. Katz
Indiana Law Journal
Dean Wilber G. Katz, University of Chicago Law School at the annual banquet of the Indiana State Bar Association, Fort Wayne, August 24, 1940.
Constitutional Law-Appeals From Administrative Tribunals
Constitutional Law-Appeals From Administrative Tribunals
Indiana Law Journal
Recent Case Notes
Constitutional Law-Conditional Legislation-Delegation To Judiciary Magistrates Court Act
Constitutional Law-Conditional Legislation-Delegation To Judiciary Magistrates Court Act
Indiana Law Journal
Recent Case Notes
Constitutional Law-Privileges And Immunities-Colgate V. Harvey
Constitutional Law-Privileges And Immunities-Colgate V. Harvey
Indiana Law Journal
Recent Case Notes
The Constitution And A "Planned Economy", Henry Rottschaefer
The Constitution And A "Planned Economy", Henry Rottschaefer
Michigan Law Review
A little more than a decade has passed since the collapse of the wildest speculative orgy ever indulged in by a nation not markedly given to underestimating its own economic and financial potentialities. It came at a time when the conjuncture of world-wide economic forces combined with almost world-wide unsound practices in the fields of international trade and finance had created an extremely unstable economic situation throughout the world. It would require a degree of optimism as large as that entertained by the speculative community during the "boom period" to believe that the measures and policies adopted and followed during …
Constitutional Law - Interstate Commerce - State Regulation Of Exports Of Intoxicating Liquor, Michigan Law Review
Constitutional Law - Interstate Commerce - State Regulation Of Exports Of Intoxicating Liquor, Michigan Law Review
Michigan Law Review
On being refused a license, a carrier operating under the provisions of the Federal Motor Carrier Act sought to enjoin public officials of Kentucky from enforcing the penal and contraband portions of the Kentucky Liquor Law, which required a license from the state as a prerequisite to the right to transport liquor. Plaintiff claimed that the state act was a violation of its rights under the commerce clause in that the requirement of the license placed an unconstitutional burden on its right to transport liquor in interstate commerce. On appeal from a federal three-judge court's ruling sustaining a motion to …
Constitutional Law - Psychopathic Proceeding - Due Process And Jury Trial, Michigan Law Review
Constitutional Law - Psychopathic Proceeding - Due Process And Jury Trial, Michigan Law Review
Michigan Law Review
Proceedings were brought against appellant under a Minnesota statute providing for commitment of psychopathic persons who showed habitual sexual misconduct. Appellant appealed to the state supreme court for a writ of prohibition, claiming denial of due process. Appellant's contentions were overruled and he appealed to the United States Supreme Court. Held, the statute did not deny due process. Minnesota ex rel. Pearson v. Probate Court, (U.S. 1940) 60 S. Ct. 523.
Constitutional Law - Interstate Commerce - Validity Of Ordinance Requiring Drummer's License, Michigan Law Review
Constitutional Law - Interstate Commerce - Validity Of Ordinance Requiring Drummer's License, Michigan Law Review
Michigan Law Review
Defendant, a door-to-door salesman, solicited orders in Minnesota for goods, which were later shipped from his employer's factory in Wisconsin to his house in Minnesota. There he broke the original packages and filled his customers' orders by delivering the goods in a truck provided him by his employer. Defendant was convicted of violating a municipal ordinance requiring a license of all door-to-door canvassers. Held, the ordinance was unconstitutional as an unreasonable burden on interstate commerce, and the conviction should be set aside. City of Waseca v. Braun, (Minn. 1939) 288 N. W. 229.
The Supreme Court And Disputes Between States, Charles Warren
The Supreme Court And Disputes Between States, Charles Warren
James Goold Cutler Lecture
No abstract provided.
Constitutional Law - Eminent Domain - Value As Fixed By Agreement Between The Parties - When Is Property Taken For Purpose Of Determining Payment Of Interest?, John H. Pickering
Constitutional Law - Eminent Domain - Value As Fixed By Agreement Between The Parties - When Is Property Taken For Purpose Of Determining Payment Of Interest?, John H. Pickering
Michigan Law Review
Defendant's land, situated between the riverside and set-back levees of the proposed floodway extending along the western bank of the Mississippi from Bird's Point to New Madrid, Missouri, was inundated in the flood of 1937, at which time the floodway, with its system of fuse plugs (whereby the riverbank levee was to be lowered to allow flood waters to spend their destructive force by spreading over larger areas) was not yet in operation. Thereafter the United States, under authority conferred by the Flood Control Act of 1928, instituted condemnation proceedings to secure flowage rights over defendant's land. Defendant claimed that …
Constitutional Law-Taxation Of Interstate Sales
Constitutional Law-Freedom Of Speech And Press-Municipal Ordinances Restricting Distribution Of Printed Matter
Indiana Law Journal
Recent Case Notes
Taxation - Constitutional Law - Power Of Congress To Exempt Federal Instrumentalities From Taxation, Michigan Law Review
Taxation - Constitutional Law - Power Of Congress To Exempt Federal Instrumentalities From Taxation, Michigan Law Review
Michigan Law Review
The Home Owners' Loan Corporation instituted a mandamus proceeding against the clerk of the superior court of the city of Baltimore to compel the recording of a mortgage upon payment of the ordinary recording charge and without affixing stamps in compliance with the state recording tax. The lending process of the HOLC is expressly declared by Congress to be exempt from taxation. Held, the tax is invalid in so far as it purports to cover the lending process. All justices concurred. Pittman v. Home Owners' Loan Corp., 308 U. S. 21, 60 S. Ct. 15 (1939).
Clarifynig The Amending Process, Noel T. Dowling
Clarifynig The Amending Process, Noel T. Dowling
Washington and Lee Law Review
No abstract provided.
Constitutional Law - Original Jurisdiction Of United States Supreme Court - Availability As A Procedural Remedy To Avoid Multiple Taxation, Benjamin W. Franklin
Constitutional Law - Original Jurisdiction Of United States Supreme Court - Availability As A Procedural Remedy To Avoid Multiple Taxation, Benjamin W. Franklin
Michigan Law Review
The state of Massachusetts instituted an original proceeding against the state of Missouri and individual citizens of Missouri for leave to file a bill of complaint, alleging that M. B. Blake died domiciled in Massachusetts; that she had created three trusts of securities, reserving a power of revocation over two; that the securities were held in Missouri where the trustees resided; that both states had statutes subjecting to taxation property passing by deed, grant or gift, made or intended to take effect in possession or enjoyment after the donor's death; that the Massachusetts statute taxed intangible property only when owned …
Constitutional Law - Privileges And Immunities Of Federal Citizenship - Discriminatory Tax On Out-Of-State Bank Deposits - Colgate V. Harvey Overruled, C. Eugene Gressman
Constitutional Law - Privileges And Immunities Of Federal Citizenship - Discriminatory Tax On Out-Of-State Bank Deposits - Colgate V. Harvey Overruled, C. Eugene Gressman
Michigan Law Review
A Kentucky statute imposed on its citizens an annual ad valorem tax on their bank deposits outside the state at the rate of fifty cents per $100 and at the same time imposed on their bank deposits within the state a similar tax at the rate of ten cents per $100. Decedent, a resident and citizen of Kentucky, died in 1929. On several prior tax assessment dates, he had large funds on deposit in New York banks which he failed to report for taxation purposes. The state brought suit against the executor to recover the tax, interest, and penalties. The …
Constitution Making By The Supreme Court, Hugh Evander Willis
Constitution Making By The Supreme Court, Hugh Evander Willis
Indiana Law Journal
No abstract provided.
Constitutional Law - Delegation Of Legislative Power - Agricultural Marketing Agreement Act, Edward S. Biggar
Constitutional Law - Delegation Of Legislative Power - Agricultural Marketing Agreement Act, Edward S. Biggar
Michigan Law Review
The declared policy of the Agricultural Marketing Agreement Act of 1937 was to raise the purchasing power of agricultural commodities and, at the same time, to protect the interest of the consumer. The Secretary of Agriculture was empowered to issue orders which, in his belief, based upon a consideration of evidence introduced at a public hearing, would tend to effectuate this policy. Certain minimum requirements as to the provisions of the orders were imposed. For any order to be effective, it must have been approved by a proportion of the producers of the commodity concerned. Pursuant to the provisions of …
Constitutional Law - Equal Protection Of The Laws - Discrimination Against Transients Vending Purchased Produce, Michigan Law Review
Constitutional Law - Equal Protection Of The Laws - Discrimination Against Transients Vending Purchased Produce, Michigan Law Review
Michigan Law Review
A Minneapolis ordinance required transient dealers in farm produce to procure a license, but exempted farmers selling their own produce. The appellant was fined for selling butter without the necessary transient merchant license as provided by the ordinance. On appeal, appellant contended that the ordinance was unconstitutional because of class discrimination since (1) sellers in established places of business paid one type of fee while the transients paid another, and (2) farmers selling produce grown by themselves were exempt while other transients were required to pay a fee and furnish bond. Held, that the ordinance was unconstitutional because the …
Enforceability Of Foreign Decrees For Alimony Or Support - Bauernschmidt V. Safe Deposit & Trust Co.
Enforceability Of Foreign Decrees For Alimony Or Support - Bauernschmidt V. Safe Deposit & Trust Co.
Maryland Law Review
No abstract provided.
Constitutional Law - National Firearms Act - Usurpation Of Police Power Of States - Constitutional Right To Bear Arms, Michigan Law Review
Constitutional Law - National Firearms Act - Usurpation Of Police Power Of States - Constitutional Right To Bear Arms, Michigan Law Review
Michigan Law Review
Defendants were indicted for violating section 11 of the National Firearms Act by transporting a firearm in interstate commerce without having registered it, and without having in their possession a stamp-affixed written order for the firearm. Their demurrer alleged that the act was unconstitutional because it was not a revenue measure but an attempt to usurp police power reserved to the states, and because it infringed the constitutional right to bear arms. The district court sustained the demurrer on the ground that this section of the act violated the constitutional right to bear arms. Held, on appeal, that the …
Constitutional Law--License Taxes--Classification, Marvin M. Tincher
Constitutional Law--License Taxes--Classification, Marvin M. Tincher
Kentucky Law Journal
No abstract provided.
Constitutional Law -- Validity Of Statutes Restricting Picketing And Related Activities, John P. Frank
Constitutional Law -- Validity Of Statutes Restricting Picketing And Related Activities, John P. Frank
Articles by Maurer Faculty
No abstract provided.
Constitutional Law - Commerce Clause -- Agricultural Adjustment Act Of 1938, Hugh Evander Willis
Constitutional Law - Commerce Clause -- Agricultural Adjustment Act Of 1938, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Evidence - Constitutional Law - Use Of Statutory Presumptions In Criminal Cases, Edward M. Watson
Evidence - Constitutional Law - Use Of Statutory Presumptions In Criminal Cases, Edward M. Watson
Michigan Law Review
The recent efforts on the part of state legislatures to increase the effectiveness of their criminal codes has resulted in extending the use of the statutory presumption to new fields of criminal law. The reaction which necessarily follows such an innovation upon traditional practice has appeared in the form of renewed attacks upon the constitutionality of the device, accompanied by the usual expressions of alarm concerning the "threat to liberty" that lurks in the use of this "mechanistic" instrument of "arbitrary oppression."
Constitutionality Of Statute Imposing Burdensome Tax On Particular Kinds Of Business - Classification For Purposes Of Taxation - Brown V. State
Maryland Law Review
No abstract provided.
Contempt - Constitutional Law - Pardons - Power Of A Governor To Pardon For Contempt, W. Wallace Kent
Contempt - Constitutional Law - Pardons - Power Of A Governor To Pardon For Contempt, W. Wallace Kent
Michigan Law Review
Dolan and Quinn were indicted for crime, and while awaiting trial were cited for contempt because of alleged attempts to influence members of the jury panel who might be drawn to sit on the jury in the trials of Dolan and Quinn. They were convicted of contempt and committed to jail, from which they petitioned the governor for pardon. The governor and his council adopted an order requiring the opinion of the justices of the Supreme Judicial Court on the question whether the governor had power to pardon such a contempt. Held, these contempts were criminal in their nature …
Gibbons V. Ogden, Then And Now, Hugh Evander Willis
Gibbons V. Ogden, Then And Now, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Non-Natural Persons And The Guarantee Of "Liberty" Under The Due Process Clause, D. J. Farage
Non-Natural Persons And The Guarantee Of "Liberty" Under The Due Process Clause, D. J. Farage
Kentucky Law Journal
No abstract provided.