Law Commons^™

Federal Practice- Declaratory Judgments

Michigan Law Review

Alabama, for the purpose of invoking original jurisdiction, applied to the Supreme Court of the United States for leave to file a complaint in equity against nineteen States to have statutes regulating and prohibiting the sale of goods manufactured by convict labor declared void because in violation of the commerce clause of the federal Constitution. Later, Alabama was allowed to submit an amendment eliminating fourteen States. Held, leave to file bill as amended denied. State of Alabama v. State of Arizona, et al., (U. S. 1934) 1 U. S. LAW WEEK (Feb. 6, 1934), index p. 468.

The Minnesota Mortgage Moratorium Case, Joseph V. Heffernan

Indiana Law Journal

No abstract provided.

Criminal Law And Procedure - Repeal Of Statute - Eighteenth Amendment

Michigan Law Review

Defendants Chambers and Gibson were indicted on June 5, 1933, for conspiracy to violate the National Prohibition Act, and for possessing and transporting liquor in violation of the Act. Chambers pleaded guilty, and the case was continued to the December term. The case was called for trial as to Gibson on December 6, 1933. Chambers filed a plea in abatement, and Gibson demurred to the indictment. Held, the repeal of the Eighteenth Amendment, by the adoption of the Twenty-first, proclaimed December 5, 1933, barred further prosecution. United States v. Chambers and Gibson, (U.S. Sup. Ct. 1934) 1 U.S. …

The Constitutionality Of An Immediate Liquor Control Program For West Virginia, Forrest Revere Black

West Virginia Law Review

No abstract provided.

Constitutional Law - Moratory Legislation

Michigan Law Review

A Minnesota statute, in view of the economic emergency, provided, among other things, that courts might, upon petition of a mortgagor, extend the period of redemption from mortgage foreclosure sales for a definite time not beyond May 1, 1935. If a court took such action, the mortgagor was to remain in possession of the premises and pay a reasonable rental to the mortgagee. Held, by the United States Supreme Court in a five-to-four decision, that this statute did not violate the contracts, or due process, or equal protection clauses of the Constitution. Home Building and Loan Association v. Blaisdell …

Constitutional Law-Court Of Claims-Legislative Courts-Reducing Judge's Salary

Indiana Law Journal

No abstract provided.

Constitutional Law-Right To Competition

Michigan Law Review

The appellee was engaged in the business of selling natural gas. A rival utility entered the field duplicating the plant and facilities of the appellee and established with the consent of the Public Service Commission a rate lower than the prevailing rate charged by the appellee. In an attempt to retain its customers against the lower prices of its competitor the appellee lowered its rate several times. The appellants finally ordered the appellee to submit evidence as to the reasonableness of its rates. Upon investigation the Public Service Commission found that the business in the territory was capable of supporting …

Book Review. The General Welfare Clause: A Study Of The Power Of Congress Under The Constitution Of The United States By J. F. Lawson, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

Is An Immediate Liquor Program For Kentucky Within The Scope Of Constitutional Possibilities?, Forrest Revere Black

Kentucky Law Journal

No abstract provided.

The Changing Relationship Of The Judicial And Executive Branches, F. R. Aumann

Kentucky Law Journal

No abstract provided.

Capitalism, The United States Constitution And The Supreme Court, Hugh Evander Willis

Kentucky Law Journal

No abstract provided.

Capitalism, The United States Constitution And The Supreme Court, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

Corporations And The United States Constitution, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

Process In Actions Against Non-Resident Motorists, Maurice S. Culp

Michigan Law Review

Personal service on the defendant within the jurisdiction of a State is the conventional form of process in personal actions. But considerations of convenience and public need have resulted in recognizing an additional form of process in personal actions against nonresident motorists. Statutes in 35 States authorize the commencement of suit against the non-resident motorist by substituted service on a public official of the State where the cause of action arises; the official is made for this purpose the agent or attorney of the non-resident motorist.

It is proposed herein to discuss (1) the constitutional basis of such legislation, and …

Constitutional Law - Federal Control Over Crime - Scope Of Power To Regulate Crime Under The Commerce Clause

Michigan Law Review

The increase of criminal activities interstate in scope, and the growing dissatisfaction with state enforcement of local laws, have focused attention of late upon the power of Congress to regulate crime under the commerce clause of the Constitution. Outstanding among proposals for congressional legislation are the following: making interstate felonies federal offenses; punishing criminals who flee across state lines after committing a crime; and restricting the sale and transportation of firearms. Most, if not all, of this suggested legislation must rest on the commerce clause for its validity. We purpose here to discuss the nature and scope of this power, …

Constitutional Law - Emergency Banking Act - Delegation Of Power

Michigan Law Review

Defendant was indicted in two counts: (1) for failure to file a return in respect to gold bullion held by him, and (2) for holding over $200,- 000 in gold bullion without a license, in violation of the Presidential Order of August 28, 1933, issued by authority of the Emergency Banking Act of March 9, 1933. This Act declared an emergency to exist, by Title I, sec. 2 amended the Trading with the Enemy Act by authorizing the President "during time of war or during any other period of national emergency declared" by him to regulate or prohibit (inter …

Constitutional Law - Force And Effect Of Clauses Providing For Payment Of Private Indebtedness In Gold

Michigan Law Review

Certain Belgium company bonds were issued providing for payment of interest "in sterling in gold coin of the United Kingdom of or equal to the weight and fineness existing on September 1, 1928." After England had left the gold: standard the issuing company sought to make interest payments in depreciated pounds. Plaintiff bondholder sought to enforce payment of sufficient depreciated currency to enable him to purchase on the day of payment gold in the same quantity as he would have received had payment been due September 1, 1928. The English House of Lords held for plaintiff, reversing the decision of …

Capitalism, The United States Constitution And The Supreme Court (Cont.), Hugh Evander Willis

Kentucky Law Journal

No abstract provided.

Constitutional Law--The Constitutionality Of A Statute Providing For The Election Of County Superintendents By The People, Henry C. Smith

Kentucky Law Journal

No abstract provided.

The States Did Not Fail In Liquor Control, Andrew J. Russell

Kentucky Law Journal

No abstract provided.

Government By Judiciary, Jeff B. Fordham

West Virginia Law Review

No abstract provided.

Constitutional Law - Interstate Commerce - Motor Carrier Operating Within - Single State As A Link In Interstate Transportation, Paul G. Kauper

Michigan Law Review

The plaintiff was engaged in business as a common carrier of goods by motor vehicle. He transported goods between the docks of Los Angeles harbor and points in and around Los Angeles, but all the goods which he carried were originally shipped in from or were consigned to destinations outside the State. His operations, however, were independent of the operations of connecting carriers. The California Railroad Commission ordered the plaintiff to cease operations until he secured a certificate of public convenience and necessity. Held, on review, that the plaintiff was engaged in interstate commerce, and that the Commission's order …

The Lawyers' Part In Preserving Individual Liberty, J. S. Wilkerson

Indiana Law Journal

Delivered before the Indiana State Bar Association at Lake Wawasee- July 7, 1933.

Constitutional Law - Bank Reorganization Legislation - Composition With Depositors And Other Creditors, Maurice S. Culp

Michigan Law Review

Twenty States and the federal government now have laws permitting the reorganization and reopening of insolvent or failing banks. The usual statute provides for the reorganization of a bank upon some plan approved by a large majority of the general creditors of the institution; the plan must also have the approval of state banking officials and of a court of general jurisdiction, although the last is by no means a universal requirement. The reorganization, when approved, becomes binding upon all depositors and general creditors of the bank regardless of consent. By the terms of a few statutes, non-assenting creditors are …

Constitutional Law-Strike As Interference With Interstate Commerce

Michigan Law Review

Whether the federal courts have jurisdiction to apply the mailed fist of the injunction to the settlement of strike disputes sometimes depends on whether the strike is deemed an interference with interstate commerce. Thus, the Supreme Court held in the recent case of Levering & Garrigues v. Morrin that relief must be denied a group of New York structural steel fabricators who sought to enjoin the boycott activities of the iron workers union, because " . . . the sole aim of the conspiracy was to halt or suppress local building operations as a means of compelling the employment of …

Constitutional Law - Interstate Commerce - State Regulation Of Motor Carriers - Highway Conservation, Paul G. Kauper

Michigan Law Review

In conformity with the Texas statute regulating contract carriers, the plaintiffs applied for permits to operate as contract carriers in interstate commerce. The Texas Railroad Commission denied the application on the grounds that the proposed use of the highways would unreasonably interfere with their use by the general public and would constitute an undue burden on said highways. Held, by a three-judge court, that the Commission was acting within its authority in refusing the application on these grounds, that such refusal was valid as to interstate motor carriers, and that evidence supported the Commission's findings, consequently the bill to …

Constitutional Law -Interstate Commerce -Navigable Waters -Validity Of Federal Water Power Act

Michigan Law Review

The Federal Power Commission found that the plaintiff's proposed hydroelectric development on the non-navigable New river in Virginia would affect interstate commerce on the navigable Kanawha river to which the New river was tributary. The Commission thereupon tendered the plaintiff a standard or major form license for the project. Such a license, had it been accepted by the plaintiff, would have subjected it to all the provisions of the Federal Water Power Act of 1920, including those concerning the regulation of rates, issuance of securities, expropriation of excess profits, amortization reserves, and recapture at the end of fifty years on …

Constitutional Law--- Status Of Courts Of District Of Columbia

Michigan Law Review

Plaintiffs, justices of District of Columbia courts, protested the application by the Comptroller-General of an Act of Congress reducing their salaries, alleging that they felt it their duty to have the status of these courts defined. The majority of the Court, answering questions certified by the Court of Claims; held that section l of Article III of the federal constitution applied to the Supreme Court of the District of Columbia and to the Court of Appeals of the District of Columbia, and forbade a reduction of the compensation of the justices thereof during their continuance in office, on the theory …

Constitutional Law - Price Fixing - Emergency Legislation, Maurice S. Culp

Michigan Law Review

The way of governmental price regulation has been hard, and such regulation has been carefully confined to businesses clothed with a "public interest." An exception has been recognized where an "emergency" occurs in a business outside of the strict utility field. However, the apparent disruption of the competitive system during the present depression has been productive of legislation seeking to overcome the evils of that system. In People v. Nebbia, the Court of Appeals of New York sustained a recent act of the legislature creating a milk control Board and authorizing the fixing of milk prices for a 12-month …

Constitutional Law-Mortgage Foreclosure Moratorium Statutes

Michigan Law Review

The present economic crisis has been productive of much drastic legislation which is directed at the relief of the debtor class. Rather than let the depression run its course, legislative bodies have endeavored to alleviate some of the evils by so-called "emergency'' statutes. A common type of such enactment is that designed to protect mortgagors against foreclosure and sale of their property. Some of these statutes provide that the period of redemption after foreclosure sale shall be extended for a definite period, others that the courts may stay foreclosures, and some provide that there shall be no foreclosure sales unless …