Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

PDF

Due process

Discipline
Institution
Publication Year
Publication
Publication Type

Articles 1621 - 1641 of 1641

Full-Text Articles in Law

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.

Go to article

Public Utilities-Valuation-The Rate Base Mar 1931

Public Utilities-Valuation-The Rate Base

Michigan Law Review

The Board of Public Utility Commissioners of New Jersey appealed from a decree entered in the district court enjoining the enforcement of their order regulating the rates of the Elizabethtown Water Co. The district court found that, upon its own determination as to valuation, the rates prescribed were confiscatory and violative of the due process clause of the Fourteenth Amendment. Held, the basis of valuation in determining the rate base is present value. After reviewing the evidence, the court was of the opinion that the utility's evidence as to valuation was the more satisfactory, and that. the rates prescribed …

Go to article

Land Title Registration-Effect Of Registration Of Forged Deed And Transfer To Bona Fide Purchaser Under Torrens Act Jan 1931

Land Title Registration-Effect Of Registration Of Forged Deed And Transfer To Bona Fide Purchaser Under Torrens Act

Michigan Law Review

Plaintiffs, purchasers of land previously brought under Illinois Torrens Act, delivered certificate of title to party under agreement to sell, who forged deed to himself, had certificate issued in his name, and then conveyed to defendants who were good faith purchasers for value. Plaintiffs informed registrar of the forgery after the defendants had bought, and demanded cancellation of the deeds and certificates, and the reissue of a certificate to themselves. The registrar refused, and this petition was brought to compel such action. Held, plaintiffs having voluntarily bought land brought under Torrens system, there was a waiver of any constitutional …

Go to article

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 …

Go to article

Review: Selected Cases On The Law Of Taxation Nov 1930

Review: Selected Cases On The Law Of Taxation

Michigan Law Review

A review of SELECTED CASES ON THE LAW OF TAXATION By Henry Rottschaefer.

Go to article

The New Judicial Approach To Due Process And Price Fixing, Maurice H. Merrill Jan 1929

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

Kentucky Law Journal

No abstract provided.

Go to article

Remedies For Wrongful Action In The Levy And Enforcement Of Taxes Jun 1928

Remedies For Wrongful Action In The Levy And Enforcement Of Taxes

Michigan Law Review

Although there is a distinct policy in favor of prompt and efficient procedure for the levy and collection of taxes, unhindered by judicial "red tape," yet the government cannot exercise its power so as to deprive the taxpayer of his property without due process of law. What are the taxpayer's remedies against wrongful action on the part of those in charge of tax administration? How may due process of law be secured to him in tax administration matters? The purpose of this note is to review some of the principal remedies, with especial reference to the equitable remedy of injunction, …

Go to article

Due Process Of Law In State Labor Legislation, Pt. 3, Fowler V. Harper Jan 1928

Due Process Of Law In State Labor Legislation, Pt. 3, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

Go to article

Due Process Of Law In State Labor Legislation, Pt. 2, Fowler V. Harper Jan 1928

Due Process Of Law In State Labor Legislation, Pt. 2, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

Go to article

Due Process Of Law In State Labor Legislation, Pt. 1, Fowler V. Harper Jan 1928

Due Process Of Law In State Labor Legislation, Pt. 1, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

Go to article

Natural Law In American Constitutional Theory, Fowler Vincent Harper Nov 1927

Natural Law In American Constitutional Theory, Fowler Vincent Harper

Michigan Law Review

Natural law has had many meanings and diversified interpretations. Whether in the form of jus naturale, the law of nature, the law of reason, lex naturalis, lex aeterna, natural justice, or due process of law; natural law, in the broadest sense, has evolved as the needs of a particular civilization and the endeavors of its legal scholars have directed. It is significant, however, that as a philosophy of law, natural law continues to thrive, although the particular system which one community constructs may be abandoned by succeeding generations. Periods of growth in the law have been frequently accompanied …

Go to article

Conflict Of Laws-Jurisdiction-Foreign Corporation Not Doing Business In The State Nov 1927

Conflict Of Laws-Jurisdiction-Foreign Corporation Not Doing Business In The State

Michigan Law Review

A summons addressed to the defendant corporation was served upon one of its officers at his private residence in Minnesota. The defendant, appearing specially, moved to set aside the service on the ground that it was a foreign corporation not transacting business in the state and that it had empowered no one to accept service of process there in its behalf. The plaintiff contended that the acquisition and ownership of property in Minnesota brought the defendant into the state and under the jurisdiction of its courts. Held, jurisdiction over the corporate property did not give jurisdiction over the corporate …

Go to article

Natural Law In American Constitutional Theory, Fowler V. Harper Jan 1927

Natural Law In American Constitutional Theory, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

Go to article

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.

Go to article

Social And Economic Interpretation Of The Fourteenth Amendment, Robert Eugene Cushman May 1922

Social And Economic Interpretation Of The Fourteenth Amendment, Robert Eugene Cushman

Michigan Law Review

For those who love precision and definiteness the question of the application of the Fourteenth Amendment to social and economic problems remains an irritating enigma. The judicial construction of due process of law and the equal protection of the law has from the first discouraged systematic analysis and defied synthesis. More than one writer has emerged from the study of the problem with a neat and compact set of fundamental principles, only to have the Supreme Court discourteously ignore them in its next case. But paradoxical as it may seem, those who long for a wise and forward-looking solution of …

Go to article

Compulsory Construction Of New Lines Of Railroad, Kenneth F. Burgess May 1922

Compulsory Construction Of New Lines Of Railroad, Kenneth F. Burgess

Michigan Law Review

In the half century of public regulation of railroads in the United States, regulatory legislation has dealt primarily with functions incident to the operation of existing enterprises. The basic concept has been that railroad corporations as common carriers have voluntarily assumed obligations to the public which the public has a right to require to be performed.

Go to article

Note And Comment, Edgar N. Durfee, Cyril E. Bailey, Edwin B. Stason, William C. O'Keefe, Clyde Y. Morris Apr 1922

Note And Comment, Edgar N. Durfee, Cyril E. Bailey, Edwin B. Stason, William C. O'Keefe, Clyde Y. Morris

Michigan Law Review

The Basis of Relief from Penalties and Forfeitures - The equitable principle of relief from penalties and forfeitures is so far elementary as almost to defy analysis. Many, perhaps most, of the judicial explanations of the principle have based it upon interpretation or construction, appealing to the doctrine that equity regards intent rather than form. Yet a logical application of this doctrine would lead to results very different from those which have actually been arrived at in the decisions. Thus, a stipulation in a mortgage that the mortgagor waives his equity of redemption can hardly be interpreted as meaning that …

Go to article

Due Process And Punishment, Clarence E. Laylin, Alonzo H. Tuttle Apr 1922

Due Process And Punishment, Clarence E. Laylin, Alonzo H. Tuttle

Michigan Law Review

To threaten such a man with punishment," wrote Sir James .LFitzjames Stephen,' "is like threatening to punish a man for not lifting a weight which he cannot move."

Go to article

Service As A Requirement Of Due Process In Actions In Personam, Charles Kellogg Burdick Feb 1922

Service As A Requirement Of Due Process In Actions In Personam, Charles Kellogg Burdick

Michigan Law Review

A prime requisite of due process is, of course, that the court shall have jurisdiction of the subject-matter. "To give such proceedings any validity, there must be a tribunal competent by its constitution-that is, by the law of its creation-to pass upon the subject-matter of the suit."' In proceedings in personam-proceedings to determine the personal liability of the defendant, no property being brought by the proceedings within the control of the court-the court must also have jurisdiction of the defendant. Attempts have repeatedly been made to take jurisdiction of nonresident defendants through service by publication or through personal service made …

Go to article

Due Process Of Law In Procedure, Edson R. Sunderland Jan 1921

Due Process Of Law In Procedure, Edson R. Sunderland

Articles

There are two classes of cases which may arise under the "due process" provisions of the 5th and 14th Amendments of the United States Constitution, so far as rules of procedure are concerned. One embraces cases of new remedial processes which may be criticized as too radical. The other consists of cases of old processes which may be criticized as obsolete and out of harmony with prevailing conceptions of justice. Due process may thus be said to fill the wide space between those innovations which carry us so far away from established methods as to remove the safeguards which are …

Go to article

Power Of Governor-General To Expel Resident Aliens From Insular Territory Of The United States, Horace Lafayette Wilgus Jan 1911

Power Of Governor-General To Expel Resident Aliens From Insular Territory Of The United States, Horace Lafayette Wilgus

Articles

In the case of Forbes et al. v. Chuoco Tiaco, decided by the Supreme Court of the Philippine Islands July 30, 1910, 8 Off. Gaz., p. 1778, some of the most interesting, important, and fundamental questions were presented and determined for the time being, but not settled, it is reasonably safe to say until passed upon by the Supreme Court of the United States. The questions involved were whether the Governor General of the Philippine Islands has the power to expel resident Chinese aliens without a hearing or an opportunity to be heard, and whether the Governor, if he exceeded …

Go to article

First Prev