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Articles 6151 - 6180 of 6462
Full-Text Articles in Commercial Law
Interstate Commerce - Federal Motor Carrier Act - Extent Of Supersedure Of State Jurisdiction, William Stout Gordon
Interstate Commerce - Federal Motor Carrier Act - Extent Of Supersedure Of State Jurisdiction, William Stout Gordon
Michigan Law Review
Prior to the passage of the Federal Motor Carrier Act of 1935, interstate motor carriers were subject to regulation by the states to a limited extent. This power to regulate may be briefly summarized as follows: (1) a state could not require interstate motor carriers to show that their operation was required in the interest of public convenience and necessity; (2) it could regulate to some extent the service and facilities offered by such carriers but it could not regulate their rates; (3) it could require them to carry liability insurance for the protection of third parties but it could …
The Effect Of The Contract Clause And The Fourteenth Amendment Upon The Power Of The States To Control Municipal Corporations, E. B. Schulz
The Effect Of The Contract Clause And The Fourteenth Amendment Upon The Power Of The States To Control Municipal Corporations, E. B. Schulz
Michigan Law Review
Although the power to establish systems of local government is reserved to the states under the Federal Constitution, they are obliged to exercise it in conformity with the limitations, direct or indirect, by which their powers in general are circumscribed. Since a state lacks authority to delegate powers which it does not possess, it may not confer upon municipal corporations, to cite but a few examples, the power to pass ex post facto laws and bills of attainder, to coin money, to emit bills of credit, to regulate foreign and interstate commerce, or to levy taxes for strictly private purposes. …
Interstate Commerce - Constitutionality Of Weight And Size Limitations Of Motor Carriers - Commerce Clause And Due Process Clause, Donald H. Larmee
Interstate Commerce - Constitutionality Of Weight And Size Limitations Of Motor Carriers - Commerce Clause And Due Process Clause, Donald H. Larmee
Michigan Law Review
The District Court for the Eastern District of South Carolina had recently before it a well-presented case, Barnwell Bros. Inc. v. South Carolina State Highway Dept., involving the authority of the state to regulate the size and weight of motor vehicles operating on South Carolina's highways. The South Carolina statute in question limited the width of motor trucks (including semitrailers) to ninety inches, and their gross weight 4 to 20,000 pounds. The validity of this statute was challenged upon three distinct grounds: (1) that it was a denial of due process guaranteed by the Fourteenth Amendment; (2) that the …
Book Review Of State And National Power Over Commerce, Theodore S. Cox
Book Review Of State And National Power Over Commerce, Theodore S. Cox
Faculty Publications
No abstract provided.
The Commerce Clause Under Marshall, Taney, And Waite, Julius Cohen
The Commerce Clause Under Marshall, Taney, And Waite, Julius Cohen
West Virginia Law Review
No abstract provided.
The Distinction Between Surteyship And The Guaranty In States Having The Field Code Provisions, Joseph M. Cormack, Neil G. Mccarroll
The Distinction Between Surteyship And The Guaranty In States Having The Field Code Provisions, Joseph M. Cormack, Neil G. Mccarroll
Faculty Publications
No abstract provided.
Municipal Corporations - Regulation Of Weights And Measures - Due Process Of Law, Milton Rabinowitz
Municipal Corporations - Regulation Of Weights And Measures - Due Process Of Law, Milton Rabinowitz
Michigan Law Review
An ordinance of the city of Chicago required the net weight of all commodities sold in load lots in the city to be determined by a municipal weighmaster prior to delivery of the load to the purchaser. This necessitated weighing the vehicle of transportation first empty, and then again when loaded. On indictment for violation of the ordinance defendant, a coal dealer, whose place of business was located 63 miles outside the municipal limits, asserted that compliance with the ordinance would involve extremely expensive rehandling of the load unless the trucks were first sent into the city unloaded, a financially …
Police Power - Validity Of A State Statute Fixing Maximum Charges For Tobacco Warehousemen, Peter S. Boter
Police Power - Validity Of A State Statute Fixing Maximum Charges For Tobacco Warehousemen, Peter S. Boter
Michigan Law Review
A statute of the state of Georgia prescribed maximum charges for handling and selling leaf tobacco. In this action, warehousemen sought to restrain the enforcement of the act, attacking it as an arbitrary exercise of state power contrary to the Fourteenth Amendment of the Federal Constitution and also as placing a substantial burden on interstate commerce in violation of the commerce clause. Held, that the statute was a constitutional exercise of the state's police power. Townsend v. Yeomans, (U.S. 1937) 81 L. Ed. 840.
Constitutional Law - Interstate Commerce Validity Of State Statute Regulating Automobiles Driven Into The State For Purpose Of Sale, Walter Probst Jr.
Constitutional Law - Interstate Commerce Validity Of State Statute Regulating Automobiles Driven Into The State For Purpose Of Sale, Walter Probst Jr.
Michigan Law Review
A statute of California forbade the transportation of automobiles from without the state for the purpose of sale within or without the state unless there be attached to each vehicle a special permit issued by the State Motor Vehicle Department, for which a fifteen dollar fee was exacted. A suit was brought to restrain state officers from enforcing this statute. Held, the statute imposed an unconstitutional burden upon interstate commerce. Ingels v. Morf, (U.S. 1937) 57 S. Ct. 439, affirming (D. C. Cal. 1936) 14 F. Supp. 922.
Constitutional Law-Interstate Commerce
Guaranty-Scope Of The Obligation
The Problem Of Transfers Under Bulk Sales Laws: A Study Of Absolute Transfers And Liquidating Trusts, Thomas Clifford Billig, William L. Branch Jr.
The Problem Of Transfers Under Bulk Sales Laws: A Study Of Absolute Transfers And Liquidating Trusts, Thomas Clifford Billig, William L. Branch Jr.
Michigan Law Review
Although the first bulk sales law in the United States was enacted more than forty years ago, the host of decisions still emanating from the courts bears ample witness to the fact that this field of legal learning remains remarkably fertile. For the first decade following the original Louisiana Bulk Sales Act of 1894 the several state legislatures were busily engaged in passing statutes of similar import. During the next three decades the courts became as fully occupied as had been the legislatures in determining precisely what the legislatures meant by the language employed in the several acts. This process …
Vendor And Purchaser-Demand For Performance
Constitutional Law -- Interstate Commerce -- Validity Of Federal Statute Prohibiting Interstate Shipment Of Prison-Made Goods, Joseph H. Mueller
Constitutional Law -- Interstate Commerce -- Validity Of Federal Statute Prohibiting Interstate Shipment Of Prison-Made Goods, Joseph H. Mueller
Michigan Law Review
The recent decision of the Supreme Court in Kentucky Whip & Collar Co. v. Illinois Central R. R., provides an effective method of circumventing the doctrine of Hammer v. Dagenhart, which held that Congress may not prohibit the interstate transportation of commodities which are harmless except for their economic effect in the state of destination. It is hailed by the advocates of reform as furnishing an avenue of approach to such problems as the regulation of minimum wages and hours and child labor.
Constitutional Law-Resale Price Maintenance -Fair Trade Acts, Joseph H. Mueller
Constitutional Law-Resale Price Maintenance -Fair Trade Acts, Joseph H. Mueller
Michigan Law Review
Four cases upholding the validity of the California and Illinois Fair Trade Acts were recently sustained by the United States Supreme Court. All four cases involved a similar set of facts. Plaintiffs, the owners or authorized distributors of certain well known trade-marked articles, entered into a series of contracts with wholesalers and retailers fixing the resale prices of their branded products. When defendants, certain retailers who had refused to enter into such agreements, persisted in reselling the articles below the prices stipulated in the contracts with other retailers, plaintiffs sued to enjoin them under the provisions of the state Fair …
The Wagner Act Decisions And Factual Technique In Public Law Cases, Ralph F. Fuchs, Walter Freedman
The Wagner Act Decisions And Factual Technique In Public Law Cases, Ralph F. Fuchs, Walter Freedman
Articles by Maurer Faculty
No abstract provided.
Loan Distinguished From Agency - Liability Of Lender As Principal On Contracts Made By Borrower With Third Parties - Commercial Credit Co. V. L. A. Benson Co.
Maryland Law Review
No abstract provided.
Las Nuevas Orientaciones Del Derecho Comercial, Luis J. Botifoll
Las Nuevas Orientaciones Del Derecho Comercial, Luis J. Botifoll
Mario Diaz Cruz Pamphlets
Monografías jurídicas. Volumen VIII.
Who May Negotiate A Warehouse Receipt In Maryland
Who May Negotiate A Warehouse Receipt In Maryland
Maryland Law Review
No abstract provided.
Bailments-Liability Of Bailor For Personal Injuries To Bailee Resulting From Vicious Propensities Of The Bailed Animal
Indiana Law Journal
No abstract provided.
Interstate Commerce - Taxation Of Motor Vehicles In Interstate Transportation For Sale
Interstate Commerce - Taxation Of Motor Vehicles In Interstate Transportation For Sale
Michigan Law Review
A New Mexico statute exacts a flat permit fee for the privilege of transporting motor vehicles, on their own wheels, over the highways of the state, for purpose of sale within or without the state. Held, this does not impose an unconstitutional burden on interstate commerce nor does it discriminate against a citizen of another state engaged in transporting automobiles on their own wheels, in processions or caravans, for sale outside of New Mexico. Morf v. Bingaman, (U.S. 1936) 56 S. Ct. 756.
Interstate Commerce - Jurisdiction Of Interstate Commerce Commission - "Tacking" Of Intrastate Hauls
Interstate Commerce - Jurisdiction Of Interstate Commerce Commission - "Tacking" Of Intrastate Hauls
Michigan Law Review
The coal company shipped coal from its mines in Pennsylvania by means of its own private railway, river barges, and tugs to a point in Ohio where the coal was unloaded, washed, freed from impurities, and sorted into appropriate sizes. Thereafter it was delivered by the company to a common carrier in Ohio for transportation to points within the state to .fill orders often not received until after the coal left the mines. Held, the haul by the common carrier in Ohio is not subject to the jurisdiction of the Interstate Commerce Commission and is intrastate commerce which may …
Some Recent Supreme Court Decisions Relating To Negotiable Instruments, Roscoe T. Steffen
Some Recent Supreme Court Decisions Relating To Negotiable Instruments, Roscoe T. Steffen
Indiana Law Journal
Address by Roscoe T. Steffen, Professor of Law at Yale University School of Law, delivered before the Indiana State Bar Association at Lake Wawasee July 11, 1936.
Uniform Corporation Laws Through Interstate Compacts And Federal Legislation, Robert S. Stevens
Uniform Corporation Laws Through Interstate Compacts And Federal Legislation, Robert S. Stevens
Michigan Law Review
It is the purpose of the present article to suggest that another means of accomplishing the end exists in the possibility of an interstate compact for uniform corporate legislation, coupled with supplementary federal legislation appropriate to make the interstate compact effective.
Conflict Of Laws-Jurisdiction Over Nonresident Carriers As Limited By Doctrine Of Unreasonable Burden On Interstate Commerce
Michigan Law Review
There is little question today but that a foreign corporation may be subject to suit and a personal judgment in a state where it is doing business if service has been had upon a proper agent of the corporation, designated by law or otherwise. There may be consider able question as to what constitutes "doing business." The fact that the business carried on by a corporation is wholly interstate in character will not prevent that corporation from being subject to service in the same manner as though it were doing intrastate business as well a It also seems clear that …
Open Sales And Open Price Contracts
Levy Of Attachment And Execution On Buyer's Interest Under Conditional Sales Contract
Levy Of Attachment And Execution On Buyer's Interest Under Conditional Sales Contract
West Virginia Law Review
No abstract provided.
Damages-Liquidated Damages-Penalty
Sales-Corporate Reorganization Proceedings Under Section 77b-Right Of Conditional Vendors To Reclaim Property
Michigan Law Review
The debtor, a laundry corporation, had filed a petition for reorganization under Section 77B of the Bankruptcy Act. The petition was granted, but prior to the approval by the court of a reorganization plan several conditional vendors (whose sales agreements had been filed according to the requirement of the New York law) moved to retake the articles sold, in accordance with said law relative to conditional sales, the debtor having defaulted in the agreed payments. Held, the conditional vendors were not lienors nor mortgagees, whose interests would have been covered by the reorganization petition; and since the chattels were …