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Articles 34171 - 34200 of 35018

Full-Text Articles in Law

Constitutional Law - Religious Freedom - Compulsory Salute And Pledge Of Allegiance To Flag By School Children -Validity, Dan K. Cook Jan 1938

Constitutional Law - Religious Freedom - Compulsory Salute And Pledge Of Allegiance To Flag By School Children -Validity, Dan K. Cook

Michigan Law Review

A Massachusetts statute imposed a duty upon each public school teacher to lead his pupils, at least once each week, in a salute and pledge of allegiance to the flag. Petitioner was in his third year as a pupil in the public schools, and, in obedience to his father's commands, refused to participate in the salute and pledge. For such refusal, the school committee expelled the petitioner from the school, and he thereupon submitted a petition for a writ of mandamus, to compel his readmission to the school. Held, that the writ be denied, inasmuch as the statute did …

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Constitutional Law - Zoning - Amendment Of Zoning Ordinance As Impairing Vested Rights, Ralph Winkler Jan 1938

Constitutional Law - Zoning - Amendment Of Zoning Ordinance As Impairing Vested Rights, Ralph Winkler

Michigan Law Review

The town plan commission amended the municipal zoning ordinance to permit the erection of an incinerator in a class C residence district. The particular tract upon which the incinerator was to be located had been a municipal garbage dump, and as such, a non-conforming use under the zoning ordinance. The board of health by ordinance declared the garbage dump to be a nuisance. The facts revealed there was an immediate need to dispose of the garbage, etc.; that the erection of an incinerator was the best means of so doing; that the proposed site was a suitable location; that the …

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Municipal Corporations - Constitutional Limitations On Amount Of Debts - Obligations Of Other Public Corporations As Debts Of City, Michigan Law Review Jan 1938

Municipal Corporations - Constitutional Limitations On Amount Of Debts - Obligations Of Other Public Corporations As Debts Of City, Michigan Law Review

Michigan Law Review

The city of Troy, New York, had obtained federal aid for a Public Works Administration project involving the erection of a new high school building, conditioned upon the city's supplying $786,000 as its share of the cost. The constitutional debt limitation did not permit the city to borrow this amount. The legislature came to the aid of the city and enacted a law providing that the bonds should be issued as "general obligations" of the city school district by the district's board of education. The act expressly stated that the bonds should not be considered as part of the debt …

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Constitutional Law: Sovereign Waiving Privilege Of Immunity From Suit Can Limit The Amount To Be Recovered, B. T. Moynahan Jr. Jan 1938

Constitutional Law: Sovereign Waiving Privilege Of Immunity From Suit Can Limit The Amount To Be Recovered, B. T. Moynahan Jr.

Kentucky Law Journal

No abstract provided.

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Constitutional Law--Taxation As Income Of Officer's Salary Exempt From Diminution During Term Of Office, Joseph S. Freeland Jan 1938

Constitutional Law--Taxation As Income Of Officer's Salary Exempt From Diminution During Term Of Office, Joseph S. Freeland

Kentucky Law Journal

No abstract provided.

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Constitutional Law--Equal Protection Of The Law--Venue Statutes Distinguishing Between Residents And Non-Residents, Dorothy Salmon Jan 1938

Constitutional Law--Equal Protection Of The Law--Venue Statutes Distinguishing Between Residents And Non-Residents, Dorothy Salmon

Kentucky Law Journal

No abstract provided.

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Constitutional Law--Amendments--Validity Of Ratification By A State Which Had Previously Rejected, Steve White Jan 1938

Constitutional Law--Amendments--Validity Of Ratification By A State Which Had Previously Rejected, Steve White

Kentucky Law Journal

No abstract provided.

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Constitutional Government, John J. Parker Dec 1937

Constitutional Government, John J. Parker

West Virginia Law Review

No abstract provided.

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Constitutional Law--Privileges And Immunities Of Citizens In The Several States--Right Of State To Impost Residence Requirements For Distribution Of Nonintoxicating Beer, H. A. W. Jr. Dec 1937

Constitutional Law--Privileges And Immunities Of Citizens In The Several States--Right Of State To Impost Residence Requirements For Distribution Of Nonintoxicating Beer, H. A. W. Jr.

West Virginia Law Review

No abstract provided.

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Eminent Domain - Public Housing And Slum Clearance As A "Public Use", Wayne E. Babler Dec 1937

Eminent Domain - Public Housing And Slum Clearance As A "Public Use", Wayne E. Babler

Michigan Law Review

The recent legislation providing for housing and slum clearance raises the interesting and practical problem of whether a taking of land for such housing and slum clearance purposes by means of an eminent domain proceeding is condemnation for a "public use," within the meaning of that term in eminent domain proceedings. Such a taking was held to be for a public use in the recent case of Spahn v. Stewart.

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Public Utilities - Constitutionality Of Statute Imposing Regulatory Costs Upon Utilities, Charles W. Allen Nov 1937

Public Utilities - Constitutionality Of Statute Imposing Regulatory Costs Upon Utilities, Charles W. Allen

Michigan Law Review

A state statute imposed an annual fee of one-tenth of one per cent of gross operating revenues upon public utilities. The fees were placed in a state revolving fund used to defray the expenses of administration of the public service law. Plaintiff railroad paid the fees under protest and brought an action to recover that amount, claiming that the act was unconstitutional. The trial court held that the act was unconstitutional on its face. The state supreme court revised this decision, holding that act valid and placing the burden of proof on the plaintiff to show that it had become …

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Constitutional Law - Separation Of Powers - Power Of The Courts And Legislature To Regulate The Practice Of Law And Procedure, Peter S. Boter Nov 1937

Constitutional Law - Separation Of Powers - Power Of The Courts And Legislature To Regulate The Practice Of Law And Procedure, Peter S. Boter

Michigan Law Review

In theory, the doctrine of separation of powers presents a governmental system with spheres of power for each department, separated by clear lines of demarcation. Yet in practice it does not follow that a complete separation of powers could be effected or would be desirable. The concurrent exercise of a power by two coordinate branches of a government may result in conflicting regulations and also in charges that the exercise of the power by one department is an unconstitutional encroachment on the powers to be exercised by another and coordinate department. This situation is present in the concurrent exercise of …

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Shall Constitutional Government Endure?, Samuel B. Pettengill Aug 1937

Shall Constitutional Government Endure?, Samuel B. Pettengill

Indiana Law Journal

Address of Hon. Samuel B. Pettengill, Member of Congress, at the Annual Meeting of the Indiana State Bar Association, July 9, 1937

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The Commerce Clause Under Marshall, Taney, And Waite, Julius Cohen Jun 1937

The Commerce Clause Under Marshall, Taney, And Waite, Julius Cohen

West Virginia Law Review

No abstract provided.

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Constitutional Law--Bankruptcy--Constitutionality Of The Amended Frazier-Lemke Act, H. A. W. Jun 1937

Constitutional Law--Bankruptcy--Constitutionality Of The Amended Frazier-Lemke Act, H. A. W.

West Virginia Law Review

No abstract provided.

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Constitutional Law-Convict Made Goods-Interstate Commerce Jun 1937

Constitutional Law-Convict Made Goods-Interstate Commerce

Indiana Law Journal

No abstract provided.

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Constitutional Law - Unreasonable Search And Seizure - Unauthorized Examination Of Telegrams, Peter S. Boter Jun 1937

Constitutional Law - Unreasonable Search And Seizure - Unauthorized Examination Of Telegrams, Peter S. Boter

Michigan Law Review

A special committee of the United States Senate, appointed to investigate lobbying activities in connection with the so-called "holding company bill" sought to obtain from telegraph companies, under blanket subpoena duces tecum, all telegrams passing through their offices in Washington from February 1, 1935 to September 1, 1935. When the telegraph companies expressed reluctance to comply with the subpoenas, the Senate Committee sought aid from the Federal Communications Commission. The commission by formal resolution detailed a member of its staff to work with an examiner of the Senate Committee in the examination and copying of the telegrams. Among the messages …

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Constitutional Law - Validity Of Minimum Wage Legislation Under The Fourteenth Amendment, Jack L. White Jun 1937

Constitutional Law - Validity Of Minimum Wage Legislation Under The Fourteenth Amendment, Jack L. White

Michigan Law Review

A state statute provided that it should be unlawful to employ women at wages not adequate for their maintenance, and established a commission to fix wages according to such a standard after a public hearing and a conference of representatives of employees and employers, and disinterested persons representing the public. The appellee was employed as a chambermaid in the hotel of appellant at less than the minimum wage prescribed, and brought suit to recover the difference between these amounts. The state court gave judgment for the appellee, and on certiorari the Supreme Court held that the statute was valid and …

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A Comparison Of Executive And Judicial Powers Under The Constitutions Of Argentina And The United States, Alexander W. Weddell Jun 1937

A Comparison Of Executive And Judicial Powers Under The Constitutions Of Argentina And The United States, Alexander W. Weddell

James Goold Cutler Lecture

No abstract provided.

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Amending The Constitution Article Five: The Keystone Of The Arch, Ralph R. Martig Jun 1937

Amending The Constitution Article Five: The Keystone Of The Arch, Ralph R. Martig

Michigan Law Review

Article V is the keystone of the Constitution. For, by altering its provisions, the process of amendment can be made so rigid as to become impracticable, or so flexible that the instrument can be altered without sufficient thought. Through this article, then, we reach toward every other clause in the Constitution.

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Labor Law - Constitutionality Of State Anti-Injunction Acts - Existence Of A "Labor Dispute", Theodore R. Vogt Jun 1937

Labor Law - Constitutionality Of State Anti-Injunction Acts - Existence Of A "Labor Dispute", Theodore R. Vogt

Michigan Law Review

Organized labor has long contested the use of the injunction in labor disputes and since the turn of the century has been active in legislative circles to secure statutory relief from the paralyzing effect of the too-freely granted temporary injunction and restraining order. A substantial step forward was the enactment of the Clayton Act by Congress. Similar legislation was adopted by several states, some before and some after the congressional action. However, the expected benefits to labor did not accrue, for the Supreme Court in Duplex Printing Press Co. v. Deering so narrowly construed the statute as to rob it …

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Constitutional Law - The Federal-State System Of Unemployment Compensation Under The Social Security Act, Elbert R. Gilliom Jun 1937

Constitutional Law - The Federal-State System Of Unemployment Compensation Under The Social Security Act, Elbert R. Gilliom

Michigan Law Review

One of the last pieces of New Deal social legislation to receive the judicial sanction of the United States Supreme Court before the end of its epoch-making October 1936 term is the tax imposed on employers of eight or more by Title IX of the Social Security Act of 1935. Through the operation of eleven expressly separable "titles," the comprehensive act (1) authorizes future appropriations to the states for old-age assistance, unemployment compensation administration, aid to dependent children, maternal and child welfare, services for crippled children, public health work, and aid to the blind; (2) establishes a system of federal …

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Constitutional Law-Due Process -Fair Trade Acts, Milton Rabinowitz Jun 1937

Constitutional Law-Due Process -Fair Trade Acts, Milton Rabinowitz

Michigan Law Review

The New York "Fair Trade Act" proclaims price maintenance agreements subservient to the public policy of the state, and renders price cutting by any merchant with knowledge of such an agreement, even though not a party thereto, actionable as unfair competition at the suit of anyone injured thereby. In Doubleday, Doran & Co. v. Macy & Co., the New York court had condemned the enactment as violating the due process clause of the Fourteenth Amendment. Subsequently, the United States Supreme Court, in Old Dearborn Distributing Co. v. Seagram-Distiller Corp., decided the contrary as to the validity of a …

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Constitutional Law - Old Age Pensions - Titles Ii And Viii Of Social Security Act - Power To Spend For The General Welfare, Royal E. Thompson Jun 1937

Constitutional Law - Old Age Pensions - Titles Ii And Viii Of Social Security Act - Power To Spend For The General Welfare, Royal E. Thompson

Michigan Law Review

In a case decided May 24, 1937, Titles II and VIII of the Social Security Act were challenged. Title VIII lays a tax on employers, which reaches a maximum in 1949 of 3 per cent of the wages paid by the employer, and also a tax on employees measured by a similar percentage of the wages they earn, and which is withheld and paid by the employer. Neither tax applies to certain kinds of occupations: agricultural labor, domestic service, governmental service, nor to wages earned by persons over sixty-five years of age. Title II provides for payment to persons over …

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Constitutional Law - Protection Of Freedom Of Speech Under The Fourteenth Amendment, Jack L. White Jun 1937

Constitutional Law - Protection Of Freedom Of Speech Under The Fourteenth Amendment, Jack L. White

Michigan Law Review

The appellant, a negro member of the Communist Party, was engaged in work as a paid party organizer in Atlanta in 1932. Shortly after leading a hunger march of unemployed he was arrested, and was tried and convicted under a state statute, enacted in the Reconstruction Period, which made criminal "any attempt, by persuasion or otherwise, to induce others to join in any combined resistance to the lawful' authority of the State." At the time of his arrest the appellant had in his possession evidence of his organization activities and also a quantity of party literature, but there was no …

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Constitutional Law - Retroactivity - Federal Stamp Tax On Profits Accruing From The Sale Of Silver Bullion, William J. Isaacson Jun 1937

Constitutional Law - Retroactivity - Federal Stamp Tax On Profits Accruing From The Sale Of Silver Bullion, William J. Isaacson

Michigan Law Review

Respondent purchased silver bullion on May 3, 1934, subsequently selling it on May 23 and 24. On the profits of this transaction he was required to pay a tax which he unsuccessfully attempted to have refunded. The Silver Purchase Act of June 19, 1934, imposed a fifty per cent tax consisting of stamps attached to the memorandum of sale on all profits arising from such transfers. The act further provided that the tax was to be applicable on all sales made on or after May 15, 1934. The court of claims upheld the respondent's contention that the act was unconstitutional …

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Constitutional Law- Right To Jury Trial - Petty Statutory Offenses, James H. Roberton Jun 1937

Constitutional Law- Right To Jury Trial - Petty Statutory Offenses, James H. Roberton

Michigan Law Review

The defendant was tried before the police court of the District of Columbia for selling, as a second-hand dealer, unused return-trip railroad tickets without a license, contrary to an Act of Congress. The act provides for a maximum penalty of $300 fine or ninety days in jail. The defendant was denied a jury trial. The Court of Appeals for the District of Columbia found the defendant entitled to a jury trial. On appeal to the United States Supreme Court, it was held by a majority of the Court, that the Federal Constitution does not guarantee the defendant a jury trial …

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Constitutional Law - Search And Seizure - Investigative Power Of Federal Trade Commission, Virginia M. Renz Jun 1937

Constitutional Law - Search And Seizure - Investigative Power Of Federal Trade Commission, Virginia M. Renz

Michigan Law Review

The Federal Trade Commission, acting pursuant to the joint resolution of Congress and the Federal Trade Commission Act, sought a writ of mandamus compelling the corporation to answer questionnaires relating to its total volume of business, net sales, net cost of materials, annual cash salary paid to each officer, etc. This information was demanded as part of a general investigation of the financial condition of agricultural products. The purpose of the investigation was to enable Congress to determine whether new legislation should be enacted or existing legislation amended. Held, the writ of mandamus should be granted. The Fourth Amendment …

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Constitutional Law - Validity Of A Compensating Use Tax - Commerce Clause, William J. Isaacson Jun 1937

Constitutional Law - Validity Of A Compensating Use Tax - Commerce Clause, William J. Isaacson

Michigan Law Review

Plaintiffs, appellees in this court, while engaged in the construction of a federal dam, brought into the state machinery purchased at retail in other states. The Washington Tax Commission demanded payment of a use tax on the machinery so purchased as required by the 1935 tax statutes. The plaintiffs refused to comply with the commission's order and received an in junction in the federal district court. The Washington legislature, under the heading "Compensating Tax," levied a two per cent excise on the use of all personal property purchased at retail after the effective date, the tax to be measured by …

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Municipal Corporations - Regulation Of Weights And Measures - Due Process Of Law, Milton Rabinowitz Jun 1937

Municipal Corporations - Regulation Of Weights And Measures - Due Process Of Law, Milton Rabinowitz

Michigan Law Review

An ordinance of the city of Chicago required the net weight of all commodities sold in load lots in the city to be determined by a municipal weighmaster prior to delivery of the load to the purchaser. This necessitated weighing the vehicle of transportation first empty, and then again when loaded. On indictment for violation of the ordinance defendant, a coal dealer, whose place of business was located 63 miles outside the municipal limits, asserted that compliance with the ordinance would involve extremely expensive rehandling of the load unless the trucks were first sent into the city unloaded, a financially …

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