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Regulation

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Articles 2371 - 2382 of 2382

Full-Text Articles in Law

Growth And Development Of The Police Power Of The State, Collins Denny Jr Dec 1921

Growth And Development Of The Police Power Of The State, Collins Denny Jr

Michigan Law Review

The police power of the state is one of the most difficult phases of our law to understand, and it is even more difficult to define it and to place it within any bounds. In speaking of this power the court has recently said: "It extends not only to regulations which promote the public health, morals, and safety, but to those which promote the public convenience or the general prosperity. * * * It is the most essential of powers, at times the most insistent, and always one of the least limitable of the powers of government."' The term is …

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Rent Regulations Under The Police Power, Alan W. Boyd Apr 1921

Rent Regulations Under The Police Power, Alan W. Boyd

Michigan Law Review

Conditions resulting from the widespread housing shortage caused by the cessation of building during the war have given rise to legislation which must seem startling indeed to much of the legal talent surviving from a generation ago. The outstanding example is to be found in the New York laws which so far have succeeded admirably in eluding the constitutional pitfalls relied upon to nullify them. Three provisions have borne the brunt of the attack. The first prevents the recovery of an unreasonable rent in an action at law, and places the burden of showing reasonableness upon the landlord." Another suspends …

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Administrative Legislation, John A. Fairlie Jan 1920

Administrative Legislation, John A. Fairlie

Michigan Law Review

Few people are aware of the great extent to which public administration in the United States national government is controlled by means of administrative regulations or orders, in the nature of subordinate legislation. Most writers on American government have emphasized the greater detail of statutory legislation in this country as compared with the statutes of continental countries in Europe, or even with Acts of Parliament in Great Britain, and have under-estimated, and indeed have usually ignored entirely, the enormous mass of administrative legislation supplementing Acts of Congress, and issued by the President and the various executive departments, bureaus, commissions. and …

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State Regulation Of The Canal Corporation In Colorado, Leonard P. Fox Jan 1918

State Regulation Of The Canal Corporation In Colorado, Leonard P. Fox

Michigan Law Review

Inapplicability of the common law doctrine of riparian rights to conditions in the arid region moved the first territorial legislature of Colorado to recognize the counter doctrine of prior appropriation. In fact, the right to the water in the streams of Colorado, by prior appropriation, antedated any legislation. "It was the common law of the people, and legislation, both national and territorial, was but a recognition declaratory of the right as it had theretofore and then existed."-1 Adhering to territorial precedent, Colorado was the first state to incorporate the priority doctrine in its organic law.

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Reasonable Rates, Henry Hull Apr 1917

Reasonable Rates, Henry Hull

Michigan Law Review

The principles underlying the decisions of the Interstate Commerce Commission are, for the most part, admittedly sound principles, and their number is not inordinately great. But to lawyers, and students of law, the application of these principles seems, in casual reading, to be made as whim or fancy dictates. It is a frequent complaint of the lawyer that there is no law in rate decisions.

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The Passing Of State Control Over Railway Rates, Edson R. Sunderland Jan 1911

The Passing Of State Control Over Railway Rates, Edson R. Sunderland

Articles

Congress has exclusive power to regulate interstate commerce, so far as it admits of a uniform system of regulation, and a failure on its part to regulate in a given case is tantamount to a declaration that such commerce shall remain free and unrestricted. Brown v. Houston, 114 U. S. 622; Leisy v. Hardin, 135 U. S. 100. The states are, in all such cases, without jurisdiction to regulate, irrespective of what Congress has or has not done.

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Characteristics And Constitutionality Of Medical Legislation, Harry B. Hutchins Jan 1909

Characteristics And Constitutionality Of Medical Legislation, Harry B. Hutchins

Articles

Right to practice medicine regulated by statute.--In the absence of a statute upon the subject, any person is at liberty to practice medicine or surgery or both. This is the common law. And yet in the absence of a statute the physician necessarily assumes certain responsibilities that grow out of his relation to those whom he treats. He is bound to bring to the discharge of his duties the learning, skill and diligence usually possessed and exercised by physicians similarly situated. In other words, while in the absence of statutory regulation, the door of the profession is open to all, …

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Police Regulation Of Sleeping Car Berths, Edson R. Sunderland Jan 1908

Police Regulation Of Sleeping Car Berths, Edson R. Sunderland

Articles

From the time of the introduction of the sleeping car there has been a constant feud between the sleeping car companies and the travelling public in regard to the upper berths. The exigencies of the situation have, of course, made economy of space a prime requisite in sleeping car construction, and there is no doubt but that a high degree of success in this respect has attended the efforts of the sleeping car builders.

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A National Incorporation Law, Horace L. Wilgus Jan 1904

A National Incorporation Law, Horace L. Wilgus

Books

Horace L. Wilgus argues that corporations need to be regulated on the national level.

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Latest Development Of The Interstate Commerce Power, Edward B. Whitney May 1903

Latest Development Of The Interstate Commerce Power, Edward B. Whitney

Michigan Law Review

The litigation under the anti-lottery act of 1895, has for the first time raised the important constitutional question whether congress, under its general power to regulate interstate commerce, can select any particular article and exclude it from interstate commerce altogether-whether the power to regulate involves the power to prohibit. For nearly a century after the foundation of the government no attempt was made by congress to restrict interstate commerce by excluding any article therefrom. Quarantine legislation, however, opened the way, and the anti-lottery act sharply raised the question of power. Lottery tickets in the earliest days of the republic were …

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The Dartmouth College Case And Private Corporations: A Paper Presented By William P. Wells, Of Detroit, At The Ninth Annual Meeting, Auguest 19, 1886., William P. Wells Jan 1886

The Dartmouth College Case And Private Corporations: A Paper Presented By William P. Wells, Of Detroit, At The Ninth Annual Meeting, Auguest 19, 1886., William P. Wells

Books

The Dartmouth College Case and Private Corporations. Chancellor Kent, writing in 1826, thus expressed himself concerning the Dartmouth College case: "It contains one of the most full and elaborate expositions of the constitutional sanctity of contracts to be met with in any of the reports. The decision in that case did more than any other single act proceeding from the authority of the United States to throw .an impregnable barrier around all rights and franchises derived from the grant of government and to give solidity and inviolability to the literary, charitable, religious and commercial institutions of our country."

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State Regulation Of Corporate Profits, Thomas M. Cooley Dec 1882

State Regulation Of Corporate Profits, Thomas M. Cooley

Articles

At the time when the Federal Constitution was adopted, municipal government in America was a very simple affair, and was managed with ease and economy through local officers, who provided for the making and repairing of roads, looked after disorderly characters, abated local nuisances, and levied rates for the few and simple public needs. When the growing population of a particular locality appeared to need larger powers of local government, the legislature granted them, but they often involved little more than the holding of fairs as a means of building up local trade, the institution of a local court for …

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