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Articles 34621 - 34650 of 34995
Full-Text Articles in Law
A Monograph On Religious Freedom, Benjamin G. Reeder
A Monograph On Religious Freedom, Benjamin G. Reeder
West Virginia Law Review
No abstract provided.
Intoxicating Liquors--Searches And Seizures--Construction, C. M. L. Jr.
Intoxicating Liquors--Searches And Seizures--Construction, C. M. L. Jr.
West Virginia Law Review
No abstract provided.
The Judicial Review Of Executive Acts, Albert Levitt
The Judicial Review Of Executive Acts, Albert Levitt
Michigan Law Review
The relation of the judiciary to the executive branch of the Government is a perplexing one. According to the Constitution, the government of the United States is threefold in character, legislative, executive and judicial. Each of these is supposed to be independent of the others. One cannot usurp the function of any one of the others. At the same time, this is a "Government of laws and not of men." It is equally true that this is a government of laws and not of political subdivisions or of the subdivisions of governmental mechanisms. Legislators, executives and judiciary must abide by …
Conflict Of Laws Rules As Constitutional Limitations
Conflict Of Laws Rules As Constitutional Limitations
Michigan Law Review
With the constant growth of the United States as a commercial nation, it has been inevitable that state lines should figure in business transactions to an ever diminishing extent. Business relations, keeping pace with the rapid development of modem means of transportation, have increasingly assumed an interstate aspect. With this extension of commercial dealings, the question of the legal rights of the parties so engaged has frequently arisen. Diversity of local rules of law has led to much litigation and disagreement. Differences in local rules might be overcome through the services of competent commercial lawyers, and contracts might then be …
Constitutional Law-Jury Trial For Contempt-Constitutionality Of Clayton Act
Constitutional Law-Jury Trial For Contempt-Constitutionality Of Clayton Act
Michigan Law Review
The defendants, striking employees of a railway company, were proceeded against in a federal district court for contempt in violating a preliminary injunction, and demanded a jury trial under the Clayton Act (c. 323, 38 STAT. 738, sec. 21, 22), which provides that in cases of wilful disobedience of "any lawful writ, process, order, rule, decree, or command of any District court of the United States or any court of the District of Columbia by doing any act or thing" forbidden, if such act or thing also constitutes a criminal offense under any statute of the United States or law …
Early Frontier Democracy In The First Kentucky Constitution, E. Merton Coulter
Early Frontier Democracy In The First Kentucky Constitution, E. Merton Coulter
West Virginia Law Review
No abstract provided.
Distinction Between Governmental And Proprietary Functions Of Municipal Corporations, Delmar W. Doddridge
Distinction Between Governmental And Proprietary Functions Of Municipal Corporations, Delmar W. Doddridge
Michigan Law Review
There are many places in the law where the making of a distinction has resulted in a difficulty in application that has greatly increased litigation, but there are few places where this is more true than in the distinction made between the governmental and the proprietary functions of municipal corporations. The distinction has taken a firm grip upon the law of municipal corporations and seems well settled, although its propriety as applied to particular subjects may be doubted. The terminology of the distinction is in itself productive of doubt, the function or duty in the one branch being denominated "governmental", …
Constitutional Law-Restricting Liberty Without Due Process Of Law-Extorted Confessions
Constitutional Law-Restricting Liberty Without Due Process Of Law-Extorted Confessions
Michigan Law Review
Of recent years the administration of criminal justice has increased many-fold, owing to the constantly increasing size of our great cities and the period of growing social unrest in which we find ourselves. Public opinion has demanded a more effective mode of dealing with those who break the law with seeming impunity. In view of this attitude it is only natural that in a particularly baffling crime the police should seek to obtain some clue of the criminals by grilling suspects. This has resulted in many cases in acts which to say the least are over-zealous. In a recent case …
Crimes-Arrest-Reasonable Cause To Believe
Crimes-Arrest-Reasonable Cause To Believe
Michigan Law Review
The admission of evidence was objected to, in a recent case, on the ground that it had been illegally secured. Officers had arrested the defendant without a warrant, on a charge of illegally transporting liquor. He was in fact guilty of the offense for which arrested, but contended that the evidence secured by the arrest could not be used. The circuit court of appeals phrased the issue thus : ''Was there probable cause for the officers to believe (that the felony was being committed), or were the facts sufficient to give rise merely to a suspicion thereof? If the former, …
Our Constitutional Prohibition Against Unreasonable Searches And Seizures, Flem D. Sampson
Our Constitutional Prohibition Against Unreasonable Searches And Seizures, Flem D. Sampson
Kentucky Law Journal
No abstract provided.
The Pardon Power, Orie S. Ware
Constitutionality Of Zoning Ordinances, George W. Meuth
Constitutionality Of Zoning Ordinances, George W. Meuth
Kentucky Law Journal
No abstract provided.
Constitutional Validity Of Statute Barring Negroes From Primary Elections
Constitutional Validity Of Statute Barring Negroes From Primary Elections
Michigan Law Review
The history of suffrage in the South during the last thirty-five years has been largely a story of the adoption and administration of discriminatory regulations devised to catch the negro without debarring any considerable number of white people. This legal disfranchisement has been accomplished by property or educational qualifications possessed generally by whites but not by negroes, or by giving a great deal of discretion to election and registration officials, who, understanding what is expected of them, find quite uniformly that the negroes do not meet the requirements while the white applicants generally do. How the letter of the Fifteenth …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Religious Freedom Under Our Constitution, William Bruce Hoff
Religious Freedom Under Our Constitution, William Bruce Hoff
West Virginia Law Review
No abstract provided.
Constitutional Law-Liberty Of Contract-Regulation Of Loaves Of Bread
Constitutional Law-Liberty Of Contract-Regulation Of Loaves Of Bread
Michigan Law Review
A Nebraska statute aimed at short weights in loaves of bread, forbade the manufacture or sale of loaves weighing either more or less than specified standard amounts. It applied only to quantities of 25 loaves or more and a "tolerance" of two ounces per pound was allowed in excess of the standard weights, to be measured by taking an average of the whole consignment. The prohibition of excess weights was explained by the Nebraska court as an attempt "to prevent a loaf of one standard from being increased in size until it can readily be sold for a larger standard". …
Fair Value Of Public Utilities, Edwin C. Goddard
Fair Value Of Public Utilities, Edwin C. Goddard
Michigan Law Review
Such being the decisions, we turn to the practical working of the theories that have been applied. The law is a practical subject. Even in so sacred a matter as protection of property, rules of law should regard the practical results of any theory. A theory that works badly, presumptively at least, is defective, and may be wrong. The guaranties of the Constitution were made for man, not man for the guaranties, and a conception of property that does not work out for the advantage of man may raise a query whether the Constitution demands that conception. It was that …
Evidence--Admissibility Of Evidence Secured Through Violation Of Constitutional Prohibitions
Evidence--Admissibility Of Evidence Secured Through Violation Of Constitutional Prohibitions
Michigan Law Review
No other questions are oftener before our courts in these latter days than those which concern the admissibility of evidence objected to under the various constitutional provisions, state and national, providing against unreasonable searches and seizures, and compulsory self-crimination.
Constitutional Rights And The Industrial Struggle, Sidney Post Simpson
Constitutional Rights And The Industrial Struggle, Sidney Post Simpson
West Virginia Law Review
No abstract provided.
Criminal Law--Evidence Obtained By Illegal Search And Seizure, R. M. M.
Criminal Law--Evidence Obtained By Illegal Search And Seizure, R. M. M.
West Virginia Law Review
No abstract provided.
Constitutional Law-Interstate Commerce-The Transportation Act Of 1920
Constitutional Law-Interstate Commerce-The Transportation Act Of 1920
Michigan Law Review
Contemporaneous comments on Supreme Court decisions involving the "due process" clause too often resolve themselves into mere "debates" as to the wisdom of the particular legislation in question, either from the standpoint of the ultimate object to be accomplished or the methods adopted for its accomplishment. Strongest adherents of our unique system of judicial review must admit that, after all, the duty of the Supreme Court consists primarily in determining whether or not the legislation before it is valid, not whether it is, or is not, a politic enactment.
Aliens-Right To Own Or Lease Land-Effect Of "Equal Protection" Clause
Aliens-Right To Own Or Lease Land-Effect Of "Equal Protection" Clause
Michigan Law Review
Right of alien residents under the "equal protection" clause of- the federal Constitution received further delimitation in the Alien Land Law Cases, decisions handed down last November. Terrace v. Thompson (U. S. 1923), Adv. Ops. 35, and Porterfield v. Webb, Adv. Ops. 42. In the former case the court was concerned with a Washington statute passed to enforce a provision in the Washington constitution that forbade the ownership of land by any aliens other than those who had in good faith declared their intention to become citizens. The California statute in the second case differed chiefly in limiting its …
Real Property-Alienation-Limitation
Real Property-Alienation-Limitation
Michigan Law Review
In the field of property as in that of personal rights (including contract) we still encounter occasionally the specter of certain supposedly absolute rights. The courts have had to declare often enough that the owner's rights of use are limited by the like rights of other owners, by considerations of public policy, public convenience, etc.; it is not so often that a court deals explicitly with the limitations upon an owner's power of disposing and leasing his property. In Terrace v. Thompson, recently decided by the United States Supreme Court (Nov. 12, 1923) it was urged by a United …
Constitutional Law--"Liberty" Under Fourteenth Amendment--Validity Of Foreign Languages Statutes
Constitutional Law--"Liberty" Under Fourteenth Amendment--Validity Of Foreign Languages Statutes
Michigan Law Review
Nine states during the months immediately following the conclusion of the World War passed statutes in substantially the same language, forbidding the teaching of any modem language except English to children below the eighth grade in any school, private or public. Ohio also passed a law applying only to the German language. Teachers in Nebraska, Iowa, and Ohio were convicted during 1920 and 1921 of violating these statutes and, after the supreme courts of the various states had held them valid, their cases were combined in an appeal to the United States Supreme Court. Held, the statutes deprived appellants …
The Treaty Power, Connor Hall
The Nature And Effect Of Changes In Constitutions, C. B. Seymour
The Nature And Effect Of Changes In Constitutions, C. B. Seymour
Kentucky Law Journal
No abstract provided.
Washington's First Constitution, 1878, And Proceedings Of The Convention
Washington's First Constitution, 1878, And Proceedings Of The Convention
Selected Books and Theses
No abstract provided.