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Constitutional Law

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Trusts--Exercise Of A Power With Consent Of Trustee-Retroactive Federal Inheritance Tax Apr 1931

Trusts--Exercise Of A Power With Consent Of Trustee-Retroactive Federal Inheritance Tax

Michigan Law Review

A trust, established in 1908, reserved a power to the settlor to alter or amend the provisions of the trust, conditioned on the assent of the trustee. 26 U. S. C. A. sec. 1094 (d), Rev. Act (1926) sec. 302 (d), which applied to trusts subject at the date of death to any change through the exercise of a power either by the decedent alone or in conjunction with any person, to alter, amend or revoke, was made retroactive by clause (h) of the same section. Held, since the transfer was complete before the death of the settler, section …

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Review: Cases On Constitutional Law, Thomas C. Lavery Apr 1931

Review: Cases On Constitutional Law, Thomas C. Lavery

Michigan Law Review

A Review of: CASES ON CONSTITUTIONAL LAW By Dudley O. McGovney.

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Review Of The Constitution And What It Means Today By Edward S. Corwin, Clarence Emmett Manion Mar 1931

Review Of The Constitution And What It Means Today By Edward S. Corwin, Clarence Emmett Manion

Journal Articles

This is the fourth edition of a small and practical volume intended not so much for law students as for the information of the general public. Students of Constitutional Law will -find this book helpful in pursuing the study of the Constitution in its natural sequence, a procedure that is well-nigh impossible in the ordinary law courses dealing with the subject of Constitutional Law.

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Review Of Cases On Constitutional Law By Dudley O. Mcgovney, Clarence Emmett Manion Mar 1931

Review Of Cases On Constitutional Law By Dudley O. Mcgovney, Clarence Emmett Manion

Journal Articles

This is an up-to-date case book sufficiently condensed to make it serviceable with certain discriminating eliminations for semester courses in Constitutional Law. The most decided advantage that a case book on Constitutional Law can have is flexibility of outline. Professor McGovney's text has this feature.

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Intoxicating Liquors-Liability Of Purchaser To Federal Prosecution Mar 1931

Intoxicating Liquors-Liability Of Purchaser To Federal Prosecution

Michigan Law Review

Considering the tremendous amount of public interest evinced in all cases arising under the Eighteenth Amendment and the Volstead Act, it seems strange, at first glance, that more attention has not been paid by the courts to the purchaser of intoxicating beverages. Since the passage of the National Prohibition Act the dockets have been crowded with cases dealing with the sale, manufacture, and transportation of intoxicants, but it was not until ten years after the passage of the Act that the United States Supreme Court was asked to consider the legality of the purchase of liquor as such. The question …

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Constitutional Law-Banks And Banking Mar 1931

Constitutional Law-Banks And Banking

Indiana Law Journal

No abstract provided.

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What Will Become Of Prohibition, Clarence Emmett Manion Mar 1931

What Will Become Of Prohibition, Clarence Emmett Manion

Journal Articles

Because of the substantial minority support for Prohibition and the Eighteenth Amendment, this article suggests that it would difficult, if not impossible, to repeal the amendment despite the fact that 3 in 5 Americans would support its repeal. The article looks at potential options of lessening the impact of the Eighteenth Amendment, including removing penalties for it, repealing State enforcement acts, and forbidding nullification of search warrant requirements. Finally, it looks at the quality of liquor as a solution to an "unusually interesting" and "ultimately worthwhile" problem.

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Constitutional Law-Due Process-Reasonableness Of Police Regulation Mar 1931

Constitutional Law-Due Process-Reasonableness Of Police Regulation

Michigan Law Review

The New York Agriculture and Markets Law, (Cons. Law, c. 69), sec. 252, 253, required an annual license of all persons or corporations gathering milk from producers for manufacture or resale. This was to be issued only upon execution of a bond for at least $2,000, conditioned upon the compliance with this law and the prompt payment to producers for milk or cream bought by the gatherer. The commission, however, could by formal order relieve the gatherer from having to file this bond if satisfied as to the gather's solvency and probable ability to pay for milk purchased. In case …

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Constitutional Law-Due Process-Police Power-Junk Yards Mar 1931

Constitutional Law-Due Process-Police Power-Junk Yards

Michigan Law Review

The City of Ashland, Kentucky, acting under a specific power to license and regulate junk yards granted to it by the legislature under section 3058-2 Ky. Stat. (Carroll, 1922) passed an ordinance requiring applicants for licenses to operate junk yards within the city of Ashland. "to make and execute with the Clerk of the City of Ashland, Kentucky, a permit signed by the applicant providing that the Police Department * * * may inspect and search the said shop or place of business." The appellant complied with all other requirements, but refused to execute the permit: Because the clerk would …

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Constitutional Law-Due Process-Revocationof Driver's License Mar 1931

Constitutional Law-Due Process-Revocationof Driver's License

Michigan Law Review

Petitioner's license was suspended under a statute which provided that if a judgment for personal injuries or property damage resulting from the ownership or operation of an automobile remained unpaid fifteen days after it became final, the driver's license should be revoked or suspended until payment and until proof offered of ability to pay future claims. Arrested and jailed for driving without a license, petitioner sought release by writ of habeas corpus on the ground that the statute was unconstitutional. Held, that the operation of the statute was discriminatory and based on an unnatural classification; petitioner discharged. Ex parte …

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Crimes-Procedure-Constitutionality Of The Short Form Of The Indictment Mar 1931

Crimes-Procedure-Constitutionality Of The Short Form Of The Indictment

Michigan Law Review

The respondents were tried and found guilty of murder. Held, that the constitutional provision that "the accused shall be fully informed of the nature and cause of the accusation against him" requires an indictment returned by the grand jury to contain allegations as to the time and place of the assault and the time and place of death of the decedent where the crime charged is murder. State v. Rector (S. C . 1930) 155 S.E. 385.

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Review: The Constitution And What It Means Today. By Edward S. Corwin, Forrest Revere Black Mar 1931

Review: The Constitution And What It Means Today. By Edward S. Corwin, Forrest Revere Black

Michigan Law Review

A Review of THE CONSTITUTION AND WHAT IT MEANS TODAY. By Edward S. Corwin

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The Declaratory Judgment In The United States, Edwin M. Borchard Feb 1931

The Declaratory Judgment In The United States, Edwin M. Borchard

West Virginia Law Review

No abstract provided.

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Naturalization Proceedings--Oath Of Allegiance--Mental Reservations As To Bearing Arms, Henry P. Snyder Feb 1931

Naturalization Proceedings--Oath Of Allegiance--Mental Reservations As To Bearing Arms, Henry P. Snyder

West Virginia Law Review

No abstract provided.

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The Constitution And Foreign Relations, John Holladay Latané Feb 1931

The Constitution And Foreign Relations, John Holladay Latané

James Goold Cutler Lecture

No abstract provided.

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Constitutional Law--Power To Tax Chain Stores, John Hampton Hoge Feb 1931

Constitutional Law--Power To Tax Chain Stores, John Hampton Hoge

West Virginia Law Review

No abstract provided.

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Taxation--State Tax On Gasoline Consumed In State As Burden On Interstate Commerce, Marrs Wiseman Feb 1931

Taxation--State Tax On Gasoline Consumed In State As Burden On Interstate Commerce, Marrs Wiseman

West Virginia Law Review

No abstract provided.

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Constitutional Law-Action For Personal Injury As Property Feb 1931

Constitutional Law-Action For Personal Injury As Property

Michigan Law Review

In an action for personal injury to the plaintiff while a guest in defendant's car, the trial court instructed the jury that plaintiff must prove the elements required by the Guest Act, i.e., a heedless and reckless disregard of the rights of others, and not merely the common law requirements for negligence. The Guest Act (Pub, Acts, 1927, c. 308) was void for failure of the governor to sign in the prescribed time. Validating acts were passed after the accident in question. Held, action for personal injury was a property interest and the validating acts, operating retrospectively, impaired plaintiff's …

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Extra-Constitutional Government, Edwin F. Albertsworth Jan 1931

Extra-Constitutional Government, Edwin F. Albertsworth

Kentucky Law Journal

No abstract provided.

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Constitutional Limitations On Public Indebtedness, Richard Priest Dietzman Jan 1931

Constitutional Limitations On Public Indebtedness, Richard Priest Dietzman

Kentucky Law Journal

No abstract provided.

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Legal Concepts In Cases Of Eminent Domain, Joseph M. Cormack Jan 1931

Legal Concepts In Cases Of Eminent Domain, Joseph M. Cormack

Faculty Publications

No abstract provided.

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What Rights Are Left, Everett S. Brown Jan 1931

What Rights Are Left, Everett S. Brown

Michigan Law Review

A review of WHAT RIGHTS ARE LEFT By Henry Alan Johnston.

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Tenure Of Office Under The Constitution, Everett S. Brown Jan 1931

Tenure Of Office Under The Constitution, Everett S. Brown

Michigan Law Review

A review of TENURE OF OFFICE UNDER THE CONSTITUTION By James Hart.

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Constitutional Law--Right To Discharge Employees--Liberty Of Contract, Henry K. Higginbotham Dec 1930

Constitutional Law--Right To Discharge Employees--Liberty Of Contract, Henry K. Higginbotham

West Virginia Law Review

No abstract provided.

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Cases On Constitutional Law, Clifford R. Snyder Dec 1930

Cases On Constitutional Law, Clifford R. Snyder

West Virginia Law Review

No abstract provided.

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Constitutional Law-Police Power--Removal Of Garbage--Statutory Construction Dec 1930

Constitutional Law-Police Power--Removal Of Garbage--Statutory Construction

Indiana Law Journal

No abstract provided.

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Municipal Corporations-Constitutional Debt Limit Dec 1930

Municipal Corporations-Constitutional Debt Limit

Indiana Law Journal

No abstract provided.

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Constitutional Law -Elections - Constitutionality Of The Corrupt Practices Act-The Kohler Case Dec 1930

Constitutional Law -Elections - Constitutionality Of The Corrupt Practices Act-The Kohler Case

Michigan Law Review

The relator brought an action to test the right of the defendant Kohler to the office of governor of the state of Wisconsin, asserting that his election was invalid for violation of the Corrupt Practices Act, particularly in that he had expended more than $100,000 for political purposes in violation of the provision of the act limiting such expenditures for candidates for governor to $4,000. The defendant demurred to the petition, asserting that the Corrupt Practices Act is void and unconstitutional as applied to the governor because (1) the statute seeks to prescribe either qualifications for the office of governor …

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The Supreme Court's Construction Of The Self-Incrimination Clause, Edward S. Corwin Dec 1930

The Supreme Court's Construction Of The Self-Incrimination Clause, Edward S. Corwin

Michigan Law Review

The second pivotal decision of the court in construction of the self-incrimination clause is that in Counselman v. Hitchcock, decided in 1892. An advantageous approach to it is furnished by certain earlier state and federal court decisions applying the common law regarding the privilege of witnesses.

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Constitutional Law-Crimes-Waiver Of Jury Dec 1930

Constitutional Law-Crimes-Waiver Of Jury

Michigan Law Review

The accused, on trial for a felony, was permitted by the trial judge to waive a jury. The trial before the judge alone resulted in an acquittal. The state's attorney petitioned for a writ of mandamus to expunge from the record the orders to dispose of the cause without a jury and for discharge of the accused, on the ground that the court had no jurisdiction to hear and determine the cause. Held, writ of mandamus denied. People ex rel. Swanson v. Fisher (Ill., 1930) 172 N.E. 722.

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