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Constitutional Law

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Articles 34261 - 34290 of 35017

Full-Text Articles in Law

United States Vs. Butler Et Al., Receivers Of Hoosac Mills Corporation, Ernest R. Baltzell Feb 1936

United States Vs. Butler Et Al., Receivers Of Hoosac Mills Corporation, Ernest R. Baltzell

Indiana Law Journal

No abstract provided.

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Future Interests - Effect Of Eminent Domain Proceedings Feb 1936

Future Interests - Effect Of Eminent Domain Proceedings

Michigan Law Review

This study is concerned with the effect of condemnation proceedings upon future interests. The problems which arise are chiefly whether the owner of a future interest has such an interest in land as to be awarded a share of the fund given as compensation for the land, and if he does have such an interest as to be awarded a share, how it will be determined or apportioned to him and at what time. The first part of the study is a consideration of the question: what types of future interests are compensable? The second part involves an examination of …

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Municipal Corporations-Standards Required In Licensing Ordinances Feb 1936

Municipal Corporations-Standards Required In Licensing Ordinances

Michigan Law Review

Defendant appealed from conviction for operating a used auto business without obtaining a license for such business under a city ordinance requiring same to be granted by the city commission if in its opinion applicant was a proper and suitable person, the place to be used was proper, having in mind the nature and character of the business and possibility of commission of crime, and the sanitary facilities thereon were proper. There was no specific legislative grant for passage of such ordinance. Defendant's application was rejected by the commission mainly because of lack of proper sanitary facilities. Held, standards …

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Constitutional Law-Due Process-Fair Trade Acts Jan 1936

Constitutional Law-Due Process-Fair Trade Acts

Michigan Law Review

The recent decision of the New York Court of Appeals in Doubleday, Doran & Co. v. R. H. Macy & Co., holding unconstitutional section two of the New York Fair Trade Act, presents another interesting aspect of the long struggle by manufacturers of widely known trade-marked articles to secure some adequate protection for themselves and the public against the destructive practice of retail price cutting.

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The Constitution As A Continuing Principle In Government, Ethelbert Warfield Jan 1936

The Constitution As A Continuing Principle In Government, Ethelbert Warfield

James Goold Cutler Lecture

No abstract provided.

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Book Review. Brant, I., Storm Over The Constitution, Ralph F. Fuchs Jan 1936

Book Review. Brant, I., Storm Over The Constitution, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

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Constitutional Law-Agricultural Adjustment Act-The General Welfare Clause And The Tenth Amendment Jan 1936

Constitutional Law-Agricultural Adjustment Act-The General Welfare Clause And The Tenth Amendment

Michigan Law Review

In what is without question the most important decision rendered in recent years the Supreme Court of the United States has swept away the legal basis of the Agricultural Adjustment Administration. The processing tax, an essential part of a plan for the control of production, has been ruled unconstitutional as involving an invasion of the powers reserved to the states. Unlike the case of Schechter Poultry Corporation v. United States, in which the National Industrial Recovery Act was held invalid by a unanimous Court, this pillar of the New Deal's vast recovery program was destroyed by a six-to-three decision, …

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Banks And Banking-Constitutional Validity Of Statutes Allowing Reorganization Of Insolvent Bank Jan 1936

Banks And Banking-Constitutional Validity Of Statutes Allowing Reorganization Of Insolvent Bank

Michigan Law Review

A statute of Mississippi permitted the reopening of a closed bank, for the purpose of paying off creditors, upon terms proposed by three-fourths of the bank's creditors. The statute required that the proposition of the creditors be approved by the state superintendent of banks and confirmed by the court of chancery. Dissenting creditors opposed such a plan on the ground that the statute was unconstitutional because it impaired the obligation of contracts, and was contrary to the due process clause of the Federal Constitution. The court held that the statute was valid, that all it did was to change the …

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Constitutional Law-Martial Law-Suspension Of The Law Jan 1936

Constitutional Law-Martial Law-Suspension Of The Law

Michigan Law Review

Fifteen thousand workmen in a county struck, forced business houses to close, cut off the milk supply even to hospitals, threatened electric and water company employees with violence, stopped all transportation services, and congregated in mobs. On request of the local authorities the governor issued a proclamation suspending the right to carry arms, the right of assembly, and the right to enter or leave the county, and directed the military to disperse all crowds, picketers, or other assemblages. A striker imprisoned by the military forces sued to enjoin the governor and military officials from carrying out the proclamation on the …

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Constitutional Law-National Power Over Navigable Streams - Property Clause - Corporations - Stockholders' Suit Jan 1936

Constitutional Law-National Power Over Navigable Streams - Property Clause - Corporations - Stockholders' Suit

Michigan Law Review

The recent decision of the Supreme Court in the TVA case raises issues of extreme importance not only in regard to the interpretation of the property clause of the federal Constitution, but also in regard to the requisites for a suit by minority stockholders of a corporation questioning the actions of the corporate management.

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Constitutional Law-Application Of Joint Resolution Of Congress To Gold Clause In Bonds Of Corporations Of Other Countries Jan 1936

Constitutional Law-Application Of Joint Resolution Of Congress To Gold Clause In Bonds Of Corporations Of Other Countries

Michigan Law Review

Plaintiff, a South American corporation, brought suit to recover on bearer bonds of a Finland corporation sold to plaintiff in New York. The bonds contained the stipulation that they were to be paid "in gold coin of the United States of America of the standard of weight and fineness as it existed on July 1, 1924." Both the principal and interest on these bonds were payable in New York. Held, the Congressional Joint Resolution declaring gold clauses in obligations to be against public policy and providing for discharging such obligations on payment, dollar for dollar, of legal tender coin, …

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Constitutional Law-Taxation-Equal Protection-Privileges And Immunities Under The Fourteenth Amendment Jan 1936

Constitutional Law-Taxation-Equal Protection-Privileges And Immunities Under The Fourteenth Amendment

Michigan Law Review

Reports having shown that Vermont capital for investment purposes was, due to the existing tax system, being driven out of the state, and that it was difficult to obtain capital from outside at low rates, a statute was enacted which was expected to remedy the difficulties by providing that interest up to five per cent on loans made within the state should be exempt from taxation while income from loans made outside the state should be taxed at a set rate. In a proceeding to test the validity of the measure, the state court upheld the tax, but on appeal …

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Use Of Evidence Obtained By Illegal Search And Seizure, Hugh H. Broadhurst Jan 1936

Use Of Evidence Obtained By Illegal Search And Seizure, Hugh H. Broadhurst

Kentucky Law Journal

No abstract provided.

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A Sterilization Law For Kentucky--Its Constitutionality, Jay F. Arnold Jan 1936

A Sterilization Law For Kentucky--Its Constitutionality, Jay F. Arnold

Kentucky Law Journal

No abstract provided.

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Constitutional Law-Conservation Of Waters-Validity Of Statute Limiting Riparian Rights Dec 1935

Constitutional Law-Conservation Of Waters-Validity Of Statute Limiting Riparian Rights

Michigan Law Review

By the common law a riparian owner on a non-navigable stream has a vested right in the continuous natural flow of the stream on or bordering his land. An Oregon statute undertakes to cut down this right; it provides that a riparian owner's vested right to the continuous flow of the stream is limited to such flow as is necessary to preserve to him the beneficial uses to which he is already putting the water. Inasmuch as the right to the full continuous flow as against non-riparian appropriators is really a right to insist upon the availability of the stream …

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Constitutional Law - Regulation Of Employment Agencies - Denial Of License Where Field Is Overcrowded Dec 1935

Constitutional Law - Regulation Of Employment Agencies - Denial Of License Where Field Is Overcrowded

Michigan Law Review

A Minnesota statute required the Industrial Commission to refuse to license an employment agency whenever the Commission should find "that the number of licensed employment agents . . . in the community in which the applicant for a permit proposes to operate is sufficient to supply the needs of employers and employees." Plaintiff's application was denied because the Commission found that sufficient agencies existed in the city of Duluth. In an appeal from a mandamus proceeding the Supreme Court of Minnesota held, Deveny, C. J., dissenting, that the statute denied plaintiff due process of law. The court reached this …

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Utilization Of State Commissioners In The Administration Of The Federal Motor Carrier Act, Paul G. Kauper Nov 1935

Utilization Of State Commissioners In The Administration Of The Federal Motor Carrier Act, Paul G. Kauper

Michigan Law Review

The problem of securing effective governmental regulation of economic interests that overlap state boundary lines, while at the same time curbing the growth of a centralized bureaucracy and preventing the disintegration of local government, becomes daily more disturbing. For this reason the passage of the Motor Carrier Act in the closing days of the 74th Congress and its approval by the President on August 9, 1935, was an event of singular importance for students of American governmental administration. Important as the legislation is in its substantive aspects, it is equally noteworthy because of its administrative provisions. The striking feature of …

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Constitutional Law - Power Of State Legislature To Provide For Jury Trial In Proceedings For Contempt Of Court Nov 1935

Constitutional Law - Power Of State Legislature To Provide For Jury Trial In Proceedings For Contempt Of Court

Michigan Law Review

The defendants, an independent union, and members thereof, were cited for contempt before a court of common pleas for the violation of an in junction restraining them from interfering with the operation of the plaintiff's mines. The alleged contumacious acts took place some ten miles from the court house and consisted of gathering about automobiles containing employees of the plaintiff company, throwing stones at them, breaking windows of the cars, and injuring some of the occupants. The contempt proceedings arose on petition of the company and were before the same judge who granted the injunction. The defendants claimed that under …

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Constitutional Law - State Police Power - Regulation Of Advertising By Dentist Nov 1935

Constitutional Law - State Police Power - Regulation Of Advertising By Dentist

Michigan Law Review

Plaintiff, a practicing dentist, brought an action to enjoin the enforcement of a section of Oregon legislation regulating the practice of dentistry, which defined certain types of advertising and solicitation as unprofessional conduct and, as such, ground for the revocation of a license to practice. The section was upheld by the state supreme court and plaintiff appealed to the United States Supreme Court, alleging that the statute was unconstitutional in that it impaired the obligations of existing contracts and violated the "due process" and "equal protection" clauses of the Fourteenth Amendment. Held, that the statute was a valid exercise …

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"What Constitution Are You Talking About?", William L. Ransom Oct 1935

"What Constitution Are You Talking About?", William L. Ransom

Indiana Law Journal

Remarks of William L. Ransom, president of the American Bar Association, at the annual luncheon of the Indiana Bar Association, on September 7, 1935.

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What Constitution Are We Talking About?, Hugh S. Johnson Oct 1935

What Constitution Are We Talking About?, Hugh S. Johnson

Indiana Law Journal

Address by Gen. Hugh S. Johnson, former head of the NRA, delivered before the Indiana State Bar Association, September 6, 1935.

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Refunds And Recovery Of State Taxes Erroneously, Illegally, Or Unconstitutionally Imposed In West Virginia, Bernard Sclove Jun 1935

Refunds And Recovery Of State Taxes Erroneously, Illegally, Or Unconstitutionally Imposed In West Virginia, Bernard Sclove

West Virginia Law Review

No abstract provided.

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The Federal Control Of State Employees In Australia, Eric Armour Beecroft Jun 1935

The Federal Control Of State Employees In Australia, Eric Armour Beecroft

West Virginia Law Review

No abstract provided.

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The Land Book Assessment Amendment--Enabling Legislation, William H. Waldron Jr. Jun 1935

The Land Book Assessment Amendment--Enabling Legislation, William H. Waldron Jr.

West Virginia Law Review

No abstract provided.

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Constitutional Law--Equal Protection Of Laws--Graduated Gross Sales Tax, John L. Detch Jun 1935

Constitutional Law--Equal Protection Of Laws--Graduated Gross Sales Tax, John L. Detch

West Virginia Law Review

No abstract provided.

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The Effect Of An Unconstitutional Statute, Charles P. Wilhelm Jun 1935

The Effect Of An Unconstitutional Statute, Charles P. Wilhelm

West Virginia Law Review

No abstract provided.

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Constitutional Law--Constitutionality Of The Hit-And-Run Drivers' Act Jun 1935

Constitutional Law--Constitutionality Of The Hit-And-Run Drivers' Act

Indiana Law Journal

No abstract provided.

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Constitutional Law--Due Process-The Known Use Of Perjured Testimony By The Prosecution Not An Orderly Course Of Procedure Jun 1935

Constitutional Law--Due Process-The Known Use Of Perjured Testimony By The Prosecution Not An Orderly Course Of Procedure

Indiana Law Journal

No abstract provided.

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In Re Todd And Constitutional Amendment, Carl L. Chattin Jun 1935

In Re Todd And Constitutional Amendment, Carl L. Chattin

Indiana Law Journal

No abstract provided.

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Constitutional Law-Validity Of The Uniform Declaratory Judgment Act Jun 1935

Constitutional Law-Validity Of The Uniform Declaratory Judgment Act

Indiana Law Journal

No abstract provided.

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