Law Commons^™

Witnesses-Immunity From Self-Incrimination-Statute Requiring Testimony That Would Subject Witness To A Penalty

Michigan Law Review

Acts 1921, No. 203 of Vermont required a disclosure from all persons convicted of intoxication as to the persons from whom the liquor was obtained. The petitioner was convicted of intoxication and on his refusal to disclose the person from whom he obtained the liquor was adjudged to be in contempt and committed to jail. Held, petitioner was in unlawful restraint and should be discharged, as the law requiring the disclosure was unconstitutional, article ten of the state constitution providing that no person could be compelled to give evidence against himself. In the light of Acts 1921, No. 204 …

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

Michigan Law Review

The Fourth Amendment of the Constitution reads as follows: "The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized." The so-called "self-incrimination clause" of Amendment V reads as follows: "No person * * * shall be compelled in any criminal case to be a witness against himself."

Constitutional Law-Due Process-Procedure

Michigan Law Review

New York Code of Criminal Procedure, sections 921-925, provides, in substance, that the Commissioner of Public Welfare may apply to two magistrates and, upon a showing that a husband or father owning property in the jurisdiction has absconded leaving a wife or children likely to become charges on the public, may secure a warrant for the seizure of such property and that, after confirmation of the warrant by the county court, such property may be applied to the support of the spouse or children. No sort of notice to the absentee is required. Held, affirming the decision of the …

Constitutional Law-Usury-Corporations

Michigan Law Review

The complainant corporation filed a bill in chancery to set aside the foreclosure of a mortgage on the ground of usury. Public Acts of Michigan, 1927, No. 335, pt. 2, c. 1, sec. 1, and pt. 2, c. 2, sec. 12, amending Public Acts, 1921, No. 84, provided that a corporation could not set up the defense of usury. The complainant contended that this statute was invalid, being class legislation and hence a violation of the "equal protection of the law'' clause of the Fourteenth Amendment to the federal Constitution. Held, that the classification was reasonable and did not …

Should A Corporation Be Considered A Citizen Under The Privileges And Immunities Clause Of The Federal Constitution, R. Paul Holland

West Virginia Law Review

No abstract provided.

Should A Corporation Be Considered A Citizen Under The Privileges And Immunities Clause Of The Federal Constitution, R. Paul Holland

West Virginia Law Review

No abstract provided.

Constitutionality Of A Search And Seizure, Without Warrant, Of An Automobile—Reasonable Cause—Anonymous Tips, Sherman R. Huffine

Washington Law Review

Since the case of Carroll v. United States, it has become a generally recognized principle of law that an officer may make a search and seizure of an automobile without a warrant, provided that the officer has probable cause to make the search. The Fourth Amendment to the Constitution of the United States specifically is aimed to protect the people against "unreasonable searches and seizures." The Carroll case is based on the theory that if the other has probable cause the search of an automobile is not an unreasonable search. The distinction drawn is that while the warrant can easily …

Indiana Should Call A Constitutional Convention, Albert Stump

Indiana Law Journal

No abstract provided.

Revision Of The Indiana Constitution, Hugh E. Willis

Indiana Law Journal

No abstract provided.

In Re: Proposed Constitutional Convention, James W. Noel

Indiana Law Journal

An Address delivered before the Indiana State Bar Association, January 16, 1930

Municipal Corporations-Evidence-Constitutional Law

Indiana Law Journal

No abstract provided.

Proximate Sources Of The Constitution, Clarence Emmett Manion

Journal Articles

The average American who thinks of our Federal Document only in terms of the Philadelphia Convention may not have fully appreciated the fact that before the surrender of Cornwallis at Yorktown, every American State had already achieved its constitutional independence and had established its own organic law, by which it should not only remain free from the foreign dominion of Great Britain, but should also remain an indestructible unit in The American Federal System. He must remember that the "Articles of Confederation and Perpetual Union" which leagued the alleged sovereign and independent States, were in force at the time of …

The Constitution And Prohibition Enforecement, George W. Wickersham

James Goold Cutler Lecture

No abstract provided.

Banks And Banking Under The Indiana Constitution And Statutes, Charles M. Reed

Indiana Law Journal

No abstract provided.

When Is A Treaty Self-Executing, Leslie Henry

Michigan Law Review

A self-executing treaty is a treaty which of its own force furishes a rule of municipal law for the guidance of municipal courts in deciding cases involving the rights of individuals.

Ordinarily treaties are simply agreements or contracts between two or more sovereignties, obligating them to carry out the mutual promises contained therein. But under our Constitution a treaty is of greater force. It may operate as a law, just like an act of Congress. But the constitutional provision is not mandatory. Not every treaty provision is necessarily a law. For example, a promise to secure the passage of legislation …

Taxation-Constitutional Law-Classifcation Of Corporations

Michigan Law Review

The equal protection clause does not detract from the right of the state justly to exert its taxing power or prevent it from adjusting its legislation to differences in situation or forbid classification in that connection, but it does require that the classification be not arbitrary, but based on a real and substantial difference having a reasonable relation to the subject of the particular legislation. Though this is the generally accepted rule as to classification, it has long been recognized by the Supreme Court that the very nature of taxation demands that the legislatures be given the widest sort of …

Freedom Of Speech And Of The Press, Hugh E. Willis

Indiana Law Journal

No abstract provided.

Success Of The Bar Association Amendments To The Constitution, T. W. A.

West Virginia Law Review

No abstract provided.

Constitutional Problems Under Lincoln, By James G. Randall, Oliver P. Field

Indiana Law Journal

No abstract provided.

Sources Of The Constitution Of The United States Of American, By Ellis Stevens, Ivan M. Stone

Indiana Law Journal

No abstract provided.

The Status Of A Municipal Corporation Organized Under An Unconstitutional Statute, Oliver P. Field

Michigan Law Review

A municipal corporation has governmental as well as proprietary functions to perform. It differs from a private corporation in that its primary functions are governmental. Municipal corporations are usually spoken of as legal persons, or entities, in the same sense that private corporations are, but in studying them it must always be borne in mind that the main purpose for which most of them are created is that they may perform certain governmental functions.

Constitutional Law-Equal Protection-Disparity Of Privilege And Discrimination

Michigan Law Review

The equal protection clause of the fourteenth amendment provides that no person or class of persons shall be denied the same protection of the laws that others in the same place and under like circumstances enjoy. But it has been said that "equality and not identity of privileges and rights is what is guaranteed to the citizen" by the fourteenth amendment. People v. Gallagher, 93 N. Y. 438, 45 Am. Rep. 232. Any law which in terms provides for identity of privileges and rights, but which operates in such a manner as to produce political or economic inequality. because of …

The Right Of The Accused In A Criminal Case Not To Be Compelled To Be A Witness Against Himself, Mose E. Boiarksy

West Virginia Law Review

No abstract provided.

Interstate Commerce--State Of Export Of Resources--Shrimp, R. Paul Holland

West Virginia Law Review

No abstract provided.

Constitutional Law--Interstate Commerce, Bernard C. Gavit

Articles by Maurer Faculty

No abstract provided.

Constitutional Law--Reasonable Exercise Of Police Power, Bernard C. Gavit

Articles by Maurer Faculty

No abstract provided.

The House Of Representatives And The Treaty-Making Power, Ivan M. Stone

Kentucky Law Journal

No abstract provided.

The New Judicial Approach To Due Process And Price Fixing, Maurice H. Merrill

Kentucky Law Journal

No abstract provided.

Constitutional Law For Popular Consumption, By Thomas James Norton, Robert C. Brown

Indiana Law Journal

No abstract provided.

Constitución (Ley Fundamental) De La Unión De Repúblicas Socialistas Soviéticas, Soviet Union.

Mario Diaz Cruz Pamphlets

Aprobada en la Seṕtima Sesioń Extraordinaria del Soviet Supremo de la URSS de la novena legislatura 7 de octubre de 1977.

At head of title page: Proletarios de todos los paises, unios!