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Articles 34201 - 34230 of 35018

Full-Text Articles in Law

Constitutional Law - Due Process And The Frazier-Lemke Acts, Henry Earnest Halladay May 1937

Constitutional Law - Due Process And The Frazier-Lemke Acts, Henry Earnest Halladay

Michigan Law Review

Recent decisions involving the constitutional validity of the first and second Frazier-Lemke Acts have again raised the old spectre of due process. The questions involved related to the power of the Federal Government to regulate the rights, duties, and liabilities existent between debtors and creditors in the field of farm mortgages under the bankruptcy power. To forego an extended discussion of the history of due process as a limitation on governmental fiat, let it suffice to say that the concept, which began with Magna Carta ran through early definitions in the United States limiting it to procedural matters and attempts …

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Constitutional Law - Interstate Commerce Validity Of State Statute Regulating Automobiles Driven Into The State For Purpose Of Sale, Walter Probst Jr. May 1937

Constitutional Law - Interstate Commerce Validity Of State Statute Regulating Automobiles Driven Into The State For Purpose Of Sale, Walter Probst Jr.

Michigan Law Review

A statute of California forbade the transportation of automobiles from without the state for the purpose of sale within or without the state unless there be attached to each vehicle a special permit issued by the State Motor Vehicle Department, for which a fifteen dollar fee was exacted. A suit was brought to restrain state officers from enforcing this statute. Held, the statute imposed an unconstitutional burden upon interstate commerce. Ingels v. Morf, (U.S. 1937) 57 S. Ct. 439, affirming (D. C. Cal. 1936) 14 F. Supp. 922.

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Constitutional Law - Validity Of Criminal Syndicalism Statute, Herman Jerome Bloom May 1937

Constitutional Law - Validity Of Criminal Syndicalism Statute, Herman Jerome Bloom

Michigan Law Review

The defendant was indicted for assisting in the conduct of a meeting which was called under the auspices of the Community Party, an organization advocating criminal syndicalism. The statute defined criminal syndicalism as "the doctrine which advocates crime, physical violence, sabotage, or any unlawful acts or methods as a means of accomplishing or effecting industrial or political change or revolution," and described a number of offenses, including the presiding at, or the assisting in, the conduct of a meeting of an organization advocating criminal syndicalism as defined in the act. The state court upheld the indictment under a construction of …

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Constitutional Law - Validity Of Statute Abolishing Breach Of Promise Action, Emma Rae Mann May 1937

Constitutional Law - Validity Of Statute Abolishing Breach Of Promise Action, Emma Rae Mann

Michigan Law Review

Plaintiff sued for damages for breach of promise to marry and seduction, after the enactment of a New York statute which abolished such causes of action. The court held for the defendant, basing its recognition of the validity of the statute on the ground that the legislature has plenary power to deal with the subject of marriage. Fearon v. Treanor, 272 N. Y. 268, 5 N. E. (2d) 815 (1936).

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Some Vital Principles Of The American Constitutional Government, John H. Hatcher Apr 1937

Some Vital Principles Of The American Constitutional Government, John H. Hatcher

West Virginia Law Review

No abstract provided.

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Power Of A State To Tax Intangibles Of A Foreign Corporation, H. A. W. Apr 1937

Power Of A State To Tax Intangibles Of A Foreign Corporation, H. A. W.

West Virginia Law Review

No abstract provided.

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Constitutional Law Of The United States, By Hugh Evander Willis, Glenn D. Peters Apr 1937

Constitutional Law Of The United States, By Hugh Evander Willis, Glenn D. Peters

Indiana Law Journal

No abstract provided.

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Bankruptcy - Corporate Reorganization - Plan - Adequate Protection Of Claims - Due Process, Erwin S. Simon Apr 1937

Bankruptcy - Corporate Reorganization - Plan - Adequate Protection Of Claims - Due Process, Erwin S. Simon

Michigan Law Review

In proceedings for reorganization under Section 77B of the Bankruptcy Act, the debtor held real property valued at $245,025, while outstanding against the property there were first mortgage bonds of $445,000, second mortgage notes for $40,250 and a third mortgage note for $27,000. The court confirmed a plan which made no provision for junior lienors or stockholders, and to which they had not given their consent. On certiorari, granted by the Supreme Court, it was held, that since there was no equity in the property above the first mortgage, the claims of the junior lienors and stockholders had no …

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Constitutional Law - Impairment Of Contracts - Legislative Regulation Of Deficiency Judgments, Donald H. Larmee Apr 1937

Constitutional Law - Impairment Of Contracts - Legislative Regulation Of Deficiency Judgments, Donald H. Larmee

Michigan Law Review

A North Carolina statute provided that when a mortagee purchases property at his own sale conducted under a power of sale, and then brings action for the deficiency, the debtor may as a matter of defense show that the true value of the property at the time and place of sale exceeded the sale price and thus defeat the deficiency claim in whole or in part. In a recent case the plaintiff, mortagee of an $8,000 mortgage, conducted a sale according to law and bought the land for $3,000. On the plaintiff's subsequent action for the deficiency the defendant pleaded …

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Constitutional Law --Twenty-First Amendment And Its Effect On The Commerce Clause And Equal Protection Clause As Applied To Liquor, William Stout Gordon Apr 1937

Constitutional Law --Twenty-First Amendment And Its Effect On The Commerce Clause And Equal Protection Clause As Applied To Liquor, William Stout Gordon

Michigan Law Review

Plaintiffs were granted an injunction in the lower court restraining the enforcement of the California Alcoholic Beverage Control Act on the ground that it violated the commerce clause and the equal protection clause of the Federal Constitution. The act imposed a license fee of $500 for the privilege of importing beer, in addition to the $50 fee to be paid by all wholesalers for the privilege of selling the beer. The Supreme Court reversed the lower court's decision and held that the Twenty-first Amendment withdrew the protection of the commerce clause from liquor and that there was no denial of …

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Constitutional Law - Anti-Deficiency Judgment Statutes In Foreclosure Actions - Impairment Of Contract, Elbridge D. Phelps Mar 1937

Constitutional Law - Anti-Deficiency Judgment Statutes In Foreclosure Actions - Impairment Of Contract, Elbridge D. Phelps

Michigan Law Review

Plaintiff instituted a proceeding on a judgment bond which was secured by a real estate mortgage, both of which had been executed by defendants, caused judgment to be entered on the bond, and procured the issuance of a writ of execution under which the mortgaged premises were sold. Thereafter, under the provisions of the state Mortgage Deficiency Judgment Act, defendants procured a satisfaction of the judgment in toto. After entry of such satisfaction, plaintiff filed a petition upon which the court granted a rule on defendants to show cause why the satisfaction should not be stricken. From an order dismissing …

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Municipal Corporations - Constitutional Home Rule, Charles M. Kneier Mar 1937

Municipal Corporations - Constitutional Home Rule, Charles M. Kneier

Michigan Law Review

The home rule provision of the New York. constitution provides that as to the "property, affairs or government of cities," the legislature may pass special or local laws only on message from the governor declaring that emergency exists, and the concurrent action of two-thirds of the members of each house of the legislature is necessary in such cases. In 1936 the legislature passed an act providing for the establishment of the three platoon system for fire departments in all cities of over 1,000,000 population. The act provided for a referendum vote on the question in such cities. A mandamus action …

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Constitutional Law - Trial By Jury - Waiver Of Absence Of Part Of Jury And Consent To Continue With Remainder, Malcolm L. Denise Feb 1937

Constitutional Law - Trial By Jury - Waiver Of Absence Of Part Of Jury And Consent To Continue With Remainder, Malcolm L. Denise

Michigan Law Review

The relator in this quo warranto proceeding attacked his previous conviction in a criminal trial on the ground that the verdict was void because rendered by only eleven persons. During that trial, one of the original jurors had been unable to continue, and the relator and the prosecutor had both consented to proceed before the remaining jurors. It was held that the right to be tried by a jury of twelve given an accused by the constitution of the state is a privilege purely for his own protection, and that he could legally waive this, just like any other similar …

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Constitutional Law - Zoning Ordinances Prohibiting Repair Of Existing Structures, William F. Fratcher Feb 1937

Constitutional Law - Zoning Ordinances Prohibiting Repair Of Existing Structures, William F. Fratcher

Michigan Law Review

The rapid development and expansion of the zoning movement during the last ten years has been directed mainly toward guiding new construction in accordance with modern ideals of city planning. There has been, however, a concomitant attempt to restrict the use and repair of existing structures which, if built after its passage, would not conform to the provisions of the zoning ordinance. This at first glance may seem only an insignificant part of the whole zoning problem. But when it is considered, from the point of view of city planners, that it is nearly impossible to make a high grade. …

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Constitutional Law -- Interstate Commerce -- Validity Of Federal Statute Prohibiting Interstate Shipment Of Prison-Made Goods, Joseph H. Mueller Feb 1937

Constitutional Law -- Interstate Commerce -- Validity Of Federal Statute Prohibiting Interstate Shipment Of Prison-Made Goods, Joseph H. Mueller

Michigan Law Review

The recent decision of the Supreme Court in Kentucky Whip & Collar Co. v. Illinois Central R. R., provides an effective method of circumventing the doctrine of Hammer v. Dagenhart, which held that Congress may not prohibit the interstate transportation of commodities which are harmless except for their economic effect in the state of destination. It is hailed by the advocates of reform as furnishing an avenue of approach to such problems as the regulation of minimum wages and hours and child labor.

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Bankruptcy - Corporate Reorganization Plan - Fairness And Feasibility, Erwin S. Simon Feb 1937

Bankruptcy - Corporate Reorganization Plan - Fairness And Feasibility, Erwin S. Simon

Michigan Law Review

The corporation, having assets of $295,000 and liabilities of $1,200,000, petitioned for reorganization under Section 77B of the Bankruptcy Act and presented a plan. The district court's dismissal of the debtor's petition was affirmed in the circuit court of appeals on the grounds that the plan offered was incomprehensible, that the appraisal required by the plan was unjust since the value and validity of the bonds had been found in the equity receivership, and that subsection (b)(5) of 77B was unconstitutional, the attempt to bind non-assenting creditors being a denial of due process. Certiorari was granted by the Supreme Court. …

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Constitutional Law-Resale Price Maintenance -Fair Trade Acts, Joseph H. Mueller Feb 1937

Constitutional Law-Resale Price Maintenance -Fair Trade Acts, Joseph H. Mueller

Michigan Law Review

Four cases upholding the validity of the California and Illinois Fair Trade Acts were recently sustained by the United States Supreme Court. All four cases involved a similar set of facts. Plaintiffs, the owners or authorized distributors of certain well known trade-marked articles, entered into a series of contracts with wholesalers and retailers fixing the resale prices of their branded products. When defendants, certain retailers who had refused to enter into such agreements, persisted in reselling the articles below the prices stipulated in the contracts with other retailers, plaintiffs sued to enjoin them under the provisions of the state Fair …

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Constitution Making In 1935-1936, Hugh Evander Willis Jan 1937

Constitution Making In 1935-1936, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

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Constitutional Law-Delegation To President Of Power To Declare Embargo On Exportation Of Arms. United States V. Curtiss-Wright Export Corporation Jan 1937

Constitutional Law-Delegation To President Of Power To Declare Embargo On Exportation Of Arms. United States V. Curtiss-Wright Export Corporation

Maryland Law Review

No abstract provided.

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Privilege Of Counsel To Explain Traverser's Failure To Testify - Wilkerson V. State Jan 1937

Privilege Of Counsel To Explain Traverser's Failure To Testify - Wilkerson V. State

Maryland Law Review

No abstract provided.

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Constitutional Limitations On Progressive Taxation Of Gross Income, Robert C. Brown Jan 1937

Constitutional Limitations On Progressive Taxation Of Gross Income, Robert C. Brown

Articles by Maurer Faculty

No abstract provided.

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Book Review. The History And Development Of The Fourth Amendment To The Constitution Of The United States By Nelson B. Lasson, Framl Horack Jr. Jan 1937

Book Review. The History And Development Of The Fourth Amendment To The Constitution Of The United States By Nelson B. Lasson, Framl Horack Jr.

Articles by Maurer Faculty

No abstract provided.

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Historical Myth And Constitutional Absolutism, Hugh Evander Willis Jan 1937

Historical Myth And Constitutional Absolutism, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

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Book Review Of The Commerce Power Versus States Rights: "Back To The Constitution", Theodore S. Cox Jan 1937

Book Review Of The Commerce Power Versus States Rights: "Back To The Constitution", Theodore S. Cox

Faculty Publications

No abstract provided.

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Constitutional Law - Federal Criminal Procedure - Short Form Indictment, James H. Roberton Jan 1937

Constitutional Law - Federal Criminal Procedure - Short Form Indictment, James H. Roberton

Michigan Law Review

It is the purpose of this comment to discuss the validity under the Federal Constitution of an indictment, drawn in accordance with the proposed code, which would merely accuse the defendant of having committed some kind of "offense," and would leave the particulars of the offense to a bill of particulars.

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Constitutional Law-Prohibition Of Advertisement Of Prices By Barbers - Improper Police Regulation - Denial Of Freedom Of Speech, Elbridge D. Phelps Jan 1937

Constitutional Law-Prohibition Of Advertisement Of Prices By Barbers - Improper Police Regulation - Denial Of Freedom Of Speech, Elbridge D. Phelps

Michigan Law Review

Defendant was convicted of violating an ordinance of the City of Long Beach. That ordinance related exclusively to the barber trade and made it a misdemeanor, punishable by fine or imprisonment or both, to advertise prices of services in any publication, handbill, or notice whatsoever, provided, however, that prices might be displayed within a barber shop in such manner as not to be visible from the outside, and provided further that no advertising of prices should be allowed on the windows or on the outside of the shop, or on the adjacent sidewalk or street. Held, the ordinance was …

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Contempt - Suppression Order - Publication Of Contents Of Suppressed File, Milton M. Howard Jan 1937

Contempt - Suppression Order - Publication Of Contents Of Suppressed File, Milton M. Howard

Michigan Law Review

On a bill of complaint being filed in chancery court an injunction was issued against the defendant therein, and the papers in the cause were ordered suppressed by the chancellor, and to that end, sealed in an envelope. The bill alleged misrepresentation on the part of a leading banker in getting stockholders to contribute toward making up the defalcations of other officers in the bank and malfeasance of other officers. Defendant newspaper reporter obtained information relative to the allegations in the bill from sources other than the suppressed file and published the same nine months later. Upon citation for contempt, …

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The Supreme Court, The Constitution, And The A.A.A., Robert L. Howard Jan 1937

The Supreme Court, The Constitution, And The A.A.A., Robert L. Howard

Kentucky Law Journal

No abstract provided.

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Involuntary Servitude--Release Of A Voluntary Patient From Narcotic Farm, Sam Milner Jan 1937

Involuntary Servitude--Release Of A Voluntary Patient From Narcotic Farm, Sam Milner

Kentucky Law Journal

No abstract provided.

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Constitutionality Of The Incorporated Bar Act, Henry O. Whitlow Jan 1937

Constitutionality Of The Incorporated Bar Act, Henry O. Whitlow

Kentucky Law Journal

No abstract provided.

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