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Articles 6571 - 6579 of 6579
Full-Text Articles in Law
Labor And Capital Before The Law, Thomas M. Cooley
Labor And Capital Before The Law, Thomas M. Cooley
Articles
The chief concern of every political society is the establishment of rights and of adequate securities for their protection. In America, it has been agreed that this shall be done by the people themselves; they shall make their own laws, and choose their own agents to administer them. But the obvious difficulty of doing this directly has been recognized, and the people, after formulating the charter of government, incorporating in it such principles as they deem fundamental, content themselves with delegating all powers of ordinary legislation to representatives. Notwithstanding this delegation, much direct legislation of a very effective and important …
The Right Of A Bona Fide Occupant Of Land To Compensation For His Improvements, Henry W. Rogers
The Right Of A Bona Fide Occupant Of Land To Compensation For His Improvements, Henry W. Rogers
Articles
It may be observed, in the first place, that the civil law afforded protection to the bona fide occupant of land, who had made useful or permanent improvements on the land, believing himself to be the true owner. The civil law never permitted one who was in the possession of land in good faith, to be turned out of his possession by the rightful owner, without any compensation for the additional value he has given to the soil by the improvements he had made; but it allowed him to offset the value of his improvements to the extent, at least, …
The Limits To Legislative Power In The Passage Of Curative Laws, Thomas M. Cooley
The Limits To Legislative Power In The Passage Of Curative Laws, Thomas M. Cooley
Articles
There has always been some regret that, when the Federal judiciary was called upon to interpret and apply the prohibition in the Constitution of ex post facto laws,1 it did not reach the condlusion that retrospective laws were forbidden, as well where they applied to civil rights as when they concerned criminal liabilities or penalties. The famous twenty-ninth chapter of the great charter placed the protection of liberty and property upon the same basis, and the power to reach the one by indirection is subject to the same objections in principle, that could be urged against the power to reach …
Limits To State Control Of Private Business, Thomas M. Cooley
Limits To State Control Of Private Business, Thomas M. Cooley
Articles
The present purpose is to inquire whether, in the matter of the regulation of property rights and of business, legislation has not of late been occupying doubtful, possibly unconstitutional grounds. The discussion in the main must be limited to fundamental.-principles, aided by such light as legal and constitutional history may throw upon them, since the express provisions of the constitutions can give little assistance. They always contain the general guaranty of due process of law to life, liberty, and property, but in other particulars they for the most part leave protection to principles which have come from the common law. …
James T. Fant V. The Auditor Of Public Accounts, Thomas M. Cooley
James T. Fant V. The Auditor Of Public Accounts, Thomas M. Cooley
Articles
Two district attorneys complained that they were unlawfully deprived of their salary when the number of attorneys was reduced from thirteen to eleven by legislative action -- $1200 each. With the reduction in number of attorneys came the move to limit these two attorneys to service only in their counties of residence and a reduction in salary to $100 each. "When by law provision has been made for a certain number, and they have been lawfully chosen, they are protected for the term, as they would have been had the constitution itself indicated how many there should be."
Griswold V. Bay City, Thomas M. Cooley
Griswold V. Bay City, Thomas M. Cooley
Articles
1. RIGHT OF OWNERS OF ADJOINING LOTS TO MATERIAL TAKEN FROM STREETS - SALE OF SAME BY CITY. - In grading a street for the purpose of paving, it was necessary to remove earth which the city had no occasion for, and the street commissioner sold the same to a party who removed and used it. In an action to recover the purchase-price the purchaser defended, claiming that the city did not own the earth, but that it was owned by the adjoining lot-owners. There was no showing that the earth was of any peculiar value, nor did it appear …
Effect Of A Change In The Law Upon Rights Of Actions And Defences, Thomas M. Cooley
Effect Of A Change In The Law Upon Rights Of Actions And Defences, Thomas M. Cooley
Articles
A very interesting and important question frequently is, what effect has been produced upon a right of action, or upon a previously existing defence to an action, by a change in the law effected by statute after the right has accrued, or the cause of action has arisen, to which the defence was applicable. The question is encountered in a great variety of cases, and is sufficiently important to be considered under the several heads where the cases seem to range themselves. This is done imperfectly below.
Power Of Judiciary To Declare A Law Unconstitutional, Charles A. Kent
Power Of Judiciary To Declare A Law Unconstitutional, Charles A. Kent
Articles
The judiciary has no power to declare a law unconstitutional unless it conflicts with some provision of the State or Federal Constitution. It will be the purpose of this article to show the reasonableness and meaning of this principle.
Wordiness In Legislation, Lucian Minor