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Constitutional Law

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Articles 34591 - 34620 of 34995

Full-Text Articles in Law

Intoxicating Liquors--Confiscation And Sale Of Automobile Engaged In The Unlawful Transportation Of Intoxicants In Its Effect On The Innocent Owen Of The Vehicle--Nature Of The Proceeding, G. D. H. Dec 1926

Intoxicating Liquors--Confiscation And Sale Of Automobile Engaged In The Unlawful Transportation Of Intoxicants In Its Effect On The Innocent Owen Of The Vehicle--Nature Of The Proceeding, G. D. H.

West Virginia Law Review

No abstract provided.


Book Reviews Dec 1926

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.


Our Bounty Of Constitutional Government, Thomas James Norton Nov 1926

Our Bounty Of Constitutional Government, Thomas James Norton

Indiana Law Journal

No abstract provided.


Public Officer--Removal Of For Incompetency, C. P. W. Jun 1926

Public Officer--Removal Of For Incompetency, C. P. W.

West Virginia Law Review

No abstract provided.


The Constitution Of The United States, By James M. Beck (1924), Charles E. Martin May 1926

The Constitution Of The United States, By James M. Beck (1924), Charles E. Martin

Washington Law Review

No abstract provided.


Police Legislation Under Federal Powers May 1926

Police Legislation Under Federal Powers

Michigan Law Review

A recent case decided by the United States Supreme Court United States v. Daugherty (Jan. 4, 1926) 46 Su. Ct. 156 (Adv. Opn. 303) sustained a conviction and sentence under the Harrison Anti-Narcotic Act, 38 Stat. 785, for "making unauthorized sales of cocaine to three different persons on different days" The indictment was in three counts, one covering each sale involved. The sentence imposed was "five years on each of said three counts. * * * * Said term of imprisonment to run consecutively and not concurrently."


The Constitution At The Crossroads, By Edward A. Harriman, Amos S. Hershey Apr 1926

The Constitution At The Crossroads, By Edward A. Harriman, Amos S. Hershey

Indiana Law Journal

No abstract provided.


Admission To The Bar As Provided For In The Indiana Constitutional Convention Of 1850-1851, James J. Robinson Apr 1926

Admission To The Bar As Provided For In The Indiana Constitutional Convention Of 1850-1851, James J. Robinson

Indiana Law Journal

No abstract provided.


Our Federal Republic, By Harry Pratt Judson, Oliver P. Field Apr 1926

Our Federal Republic, By Harry Pratt Judson, Oliver P. Field

Indiana Law Journal

No abstract provided.


Constitutional Law-Compulsory Indemnity For Persons Injured By Automobiles Apr 1926

Constitutional Law-Compulsory Indemnity For Persons Injured By Automobiles

Michigan Law Review

The problem of protecting the public from injuries arising from the use of automobiles upon public highways has recently been subjected to a form of legislative solution that is distinctly different from the earlier attempts. The devices first employed were measures which dealt with the licensing of cars and with the regulation of their use. Later, when the need for giving financial substance to the tort liabilities of motorists appeared, steps were taken in the direction of fixing vicarious liabilities upon the owners of automobiles. This was done to some extent by the courts which announced the "family purpose doctrine," …


Progress And The Constitution, By Newton D. Baker, Hugh E. Willis Mar 1926

Progress And The Constitution, By Newton D. Baker, Hugh E. Willis

Indiana Law Journal

No abstract provided.


Genesis Of The Constitution Of The United States Of America, By Breckinridge Long, Oliver P. Field Mar 1926

Genesis Of The Constitution Of The United States Of America, By Breckinridge Long, Oliver P. Field

Indiana Law Journal

No abstract provided.


Attempts To Nullify The Fourth And Fifth Amendments To The Constitution, John B. Wilson Feb 1926

Attempts To Nullify The Fourth And Fifth Amendments To The Constitution, John B. Wilson

West Virginia Law Review

No abstract provided.


Congress And The Supreme Court, Thomas Frank Konop Jan 1926

Congress And The Supreme Court, Thomas Frank Konop

Journal Articles

In 1924, Plank Five of the Platform of the Independent candidate for President proposed a constitutional amendment that would enable Congress to override judicial review by reenacting a statute. Such an amendment would, of course, run in stark contrast to Chief Justice Marshall’s opinion in Marbury v. Madison. This paper explores nature of this proposed amendment and analyzes the implications of overturning the foundation of judicial power in our tripartite system of government. In sum, the author suggests that judicial review serves as an excellent check on Congress and the temporary passions of the public itself.


Effect Of An Unconstitutional Statute, Oliver P. Field Jan 1926

Effect Of An Unconstitutional Statute, Oliver P. Field

Indiana Law Journal

No abstract provided.


The Constitution Of The United States, By James M. Beck, Oliver P. Field Jan 1926

The Constitution Of The United States, By James M. Beck, Oliver P. Field

Indiana Law Journal

No abstract provided.


Shrinking Bill Of Rights, Clarence Emmett Manion Jan 1926

Shrinking Bill Of Rights, Clarence Emmett Manion

Journal Articles

The assertion of intrinsic, God given rights correlated with the decline of monarchical power. The United States’ understanding that all men and women are endowed with unalienable rights was a long and hard-fought conclusion. However, this article argues that the Bill of Rights has gradually changed from being the bold guardian of individual liberty originally envisioned. Ironically, this change can be attributed to the courts and the legislature.


Former Jeopardy, L. H. Stephens Jan 1926

Former Jeopardy, L. H. Stephens

Kentucky Law Journal

No abstract provided.


Due Process Of Law Under The United States Constitution, Hugh Evander Willis Jan 1926

Due Process Of Law Under The United States Constitution, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.


International Law--Treaties--Are The Rum Tretaties Self-Executing? Jan 1926

International Law--Treaties--Are The Rum Tretaties Self-Executing?

Michigan Law Review

On May 22, 1924, the United States concluded a treaty with Great Britain by which the latter power agreed that it would raise no objection to the search and seizure of its ships by American authorities on the high seas, provided there was reason to suspect that such ships were committing or attempting to commit an offense against United States laws, and provided the search and seizure were made within an hour's run of the American coast. In return the United States conceded to British ships the privilege of bringing into its ports liquor in bond in their ship stores. …


Recent Important Decisions Jan 1926

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Justice And Constables--Civil And Criminal Liability For Unlawful Searches And Seizures, R. T. D. Dec 1925

Justice And Constables--Civil And Criminal Liability For Unlawful Searches And Seizures, R. T. D.

West Virginia Law Review

No abstract provided.


Recent Important Decisions Dec 1925

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Sterilization Of Mental Defectives, Burke Shartel Nov 1925

Sterilization Of Mental Defectives, Burke Shartel

Michigan Law Review

In 1923 the legislature of Michigan passed an act "to authorize the sterilization of mentally defective persons". This act has recently been sustained in its main provisions by the Michigan supreme court in a case brought to test its constitutionality. Probably the United States Supreme Court will also have an opportunity to pass upon the validity of this law, but the Michigan decision, although not final on the question whether the sterilization of defectives is violative of the "due process clause" of the Fourteenth Amendment, is nevertheless very significant. It is the first instance so far as the writer can …


Constitutional Law-Due Process-Compulsory Arbitration Under Kansas Industrial Relations Act Nov 1925

Constitutional Law-Due Process-Compulsory Arbitration Under Kansas Industrial Relations Act

Michigan Law Review

Another interesting chapter has been written in the legal history of the Kansas Court of Industrial Relations, that most interesting attempt to substitute judicial methods for the present condition of strife in the field of industrial dispute, and to recognize the rights of the public as an interested third party in such disputes. In Wolff Packing Co. v. Court of Industrial Relations, U. S. Sup. Ct., Oct. Term, 1924, Nos. 207 and 299, 45 S. Ct. Rep. 441, the Supreme Court of the United States has decided that the Industrial Relations Act, c. 29, LAWS 1920 (KANSAS), SPECIAL SESSION, …


Freedom Of Speech Under Our Constitution, Abraham Pinsky Jun 1925

Freedom Of Speech Under Our Constitution, Abraham Pinsky

West Virginia Law Review

No abstract provided.


Dual Sovereignty And The Supreme Court, Overton G. Ellis Jun 1925

Dual Sovereignty And The Supreme Court, Overton G. Ellis

Washington Law Review

No abstract provided.


Search Of Automobile Without Warrant--When Reasonable Jun 1925

Search Of Automobile Without Warrant--When Reasonable

Michigan Law Review

The enforcement of the National Prohibition Act has been responsible for raising the search and seizure question to a new height of importance. By Section 26 of that act, any officer discovering any person in the transportation of intoxicating liquors is to seize all such liquors being transported contrary to law. Obviously to secure a search warrant is impossible in the very nature of things the automobile, adapted to speed, is gone long before a warrant could be secured. And the employment of the automobile in the transportation of liquor is carried to such an extent that search and seizure …


The Effect Of Martial Law Upon The Soldier's Liability To The Citizen Jun 1925

The Effect Of Martial Law Upon The Soldier's Liability To The Citizen

Michigan Law Review

The recent case of Bishop v. Vandercook, 228 Mich. 299, raises a group of problems of grave importance, seldom discussed in the courts. Can martial law ever exist under our constitutional form of government, so that a soldier becomes privileged, for the time being, to invade the interests of private citizens in a way which the ordinary police powers would not warrant? When may such extraordinary law and extraordinary privilege exist? Is a soldier ever justified in acting under orders given by his superior under supposed martial law when martial law for some reason is not in force?


Prohibition And The Doctrine Of The Weeks Case, Thomas E. Atkinson May 1925

Prohibition And The Doctrine Of The Weeks Case, Thomas E. Atkinson

Michigan Law Review

One of the most disputed present day questions is whether evidence obtained in violation of constitutional guarantees against unreasonable searches and seizures should be admissible. The case of Weeks v. United States is perhaps the leading authority upon the proposition that evidence procured by officers through unreasonable search is not admissible. The holding may be justified upon how theories, vis., (1) that the admission of the evidence substantially violates the rule against self-incrimination in the Fifth Amendment, (2) that the exclusion of the evidence is the only practical means of enforcing the guarantee against unreasonable searches and seizures.