Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Universitas Indonesia (562)
- Touro University Jacob D. Fuchsberg Law Center (361)
- University of Michigan Law School (324)
- Seattle University School of Law (244)
- University of Colorado Law School (155)
-
- Yeshiva University, Cardozo School of Law (116)
- Maurer School of Law: Indiana University (115)
- UIC School of Law (105)
- Georgetown University Law Center (93)
- Duke Law (81)
- Washington and Lee University School of Law (77)
- Pepperdine University (71)
- Notre Dame Law School (66)
- University of Georgia School of Law (66)
- William & Mary Law School (65)
- Northwestern Pritzker School of Law (54)
- Fordham Law School (47)
- University of Richmond (47)
- BLR (41)
- Villanova University Charles Widger School of Law (36)
- University of Maine School of Law (35)
- American University Washington College of Law (34)
- Brooklyn Law School (33)
- Roger Williams University (31)
- Cleveland State University (27)
- Brigham Young University Law School (26)
- Cornell University Law School (23)
- The Catholic University of America, Columbus School of Law (23)
- New York Law School (22)
- St. Mary's University (22)
- Keyword
-
- Supreme Court (395)
- Constitution (333)
- Courts (244)
- Constitutional law (216)
- Federal (216)
-
- Constitutional Law (181)
- United States Supreme Court (168)
- New York (167)
- State (140)
- Judicial review (116)
- Congress (114)
- Due process (114)
- Federal courts (114)
- Sixth Amendment (103)
- Separation of powers (102)
- Appellate Division (93)
- Constitutions (91)
- Federalism (91)
- Court of Appeals (81)
- United States (80)
- Judges (78)
- Defendant (77)
- Jurisprudence (76)
- First Amendment (75)
- Fifth Amendment (68)
- § 6 (66)
- Jurisdiction (65)
- Court (62)
- Law (57)
- Fourteenth Amendment (55)
- Publication Year
- Publication
-
- Jurnal Hukum & Pembangunan (433)
- Touro Law Review (346)
- Seattle University Law Review (231)
- Michigan Law Review (168)
- Faculty Scholarship (163)
-
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (121)
- Articles (113)
- UIC Law Review (100)
- Georgetown Law Faculty Publications and Other Works (84)
- Indiana Law Journal (64)
- Pepperdine Law Review (61)
- Cardozo Law Review (60)
- Faculty Publications (53)
- Scholarly Works (47)
- Publications (44)
- Northwestern University Law Review (42)
- Articles by Maurer Faculty (41)
- ExpressO (40)
- University of Richmond Law Review (36)
- Supreme Court Case Files (35)
- Journal Articles (34)
- Maine Law Review (34)
- Georgia Journal of International & Comparative Law (29)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (28)
- Scholarly Articles (26)
- Faculty Articles (24)
- University of Michigan Journal of Law Reform (24)
- BYU Law Review (23)
- Court Briefs (22)
- Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15) (22)
- Publication Type
- File Type
Articles 3481 - 3510 of 3542
Full-Text Articles in Constitutional Law
The Part Of The United States Constitution Made By The Supreme Court, Hugh Evander Willis
The Part Of The United States Constitution Made By The Supreme Court, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Constitutional Law - Separation Of Powers - Power Of The Courts And Legislature To Regulate The Practice Of Law And Procedure, Peter S. Boter
Constitutional Law - Separation Of Powers - Power Of The Courts And Legislature To Regulate The Practice Of Law And Procedure, Peter S. Boter
Michigan Law Review
In theory, the doctrine of separation of powers presents a governmental system with spheres of power for each department, separated by clear lines of demarcation. Yet in practice it does not follow that a complete separation of powers could be effected or would be desirable. The concurrent exercise of a power by two coordinate branches of a government may result in conflicting regulations and also in charges that the exercise of the power by one department is an unconstitutional encroachment on the powers to be exercised by another and coordinate department. This situation is present in the concurrent exercise of …
Constitutional Law- Right To Jury Trial - Petty Statutory Offenses, James H. Roberton
Constitutional Law- Right To Jury Trial - Petty Statutory Offenses, James H. Roberton
Michigan Law Review
The defendant was tried before the police court of the District of Columbia for selling, as a second-hand dealer, unused return-trip railroad tickets without a license, contrary to an Act of Congress. The act provides for a maximum penalty of $300 fine or ninety days in jail. The defendant was denied a jury trial. The Court of Appeals for the District of Columbia found the defendant entitled to a jury trial. On appeal to the United States Supreme Court, it was held by a majority of the Court, that the Federal Constitution does not guarantee the defendant a jury trial …
Constitutional Law - Trial By Jury - Waiver Of Absence Of Part Of Jury And Consent To Continue With Remainder, Malcolm L. Denise
Constitutional Law - Trial By Jury - Waiver Of Absence Of Part Of Jury And Consent To Continue With Remainder, Malcolm L. Denise
Michigan Law Review
The relator in this quo warranto proceeding attacked his previous conviction in a criminal trial on the ground that the verdict was void because rendered by only eleven persons. During that trial, one of the original jurors had been unable to continue, and the relator and the prosecutor had both consented to proceed before the remaining jurors. It was held that the right to be tried by a jury of twelve given an accused by the constitution of the state is a privilege purely for his own protection, and that he could legally waive this, just like any other similar …
Constitution Making In 1935-1936, Hugh Evander Willis
Constitution Making In 1935-1936, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
The Power Of Federal Courts To Declare Acts Of Congress Unconstitutional, John H. Hatcher
The Power Of Federal Courts To Declare Acts Of Congress Unconstitutional, John H. Hatcher
West Virginia Law Review
No abstract provided.
Book Review. Brant, I., Storm Over The Constitution, Ralph F. Fuchs
Book Review. Brant, I., Storm Over The Constitution, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Constitutional Law - Power Of State Legislature To Provide For Jury Trial In Proceedings For Contempt Of Court
Michigan Law Review
The defendants, an independent union, and members thereof, were cited for contempt before a court of common pleas for the violation of an in junction restraining them from interfering with the operation of the plaintiff's mines. The alleged contumacious acts took place some ten miles from the court house and consisted of gathering about automobiles containing employees of the plaintiff company, throwing stones at them, breaking windows of the cars, and injuring some of the occupants. The contempt proceedings arose on petition of the company and were before the same judge who granted the injunction. The defendants claimed that under …
Constitutional Law - Power Of Congress To Punish For Contempt - Power To Punish For Completed Acts
Constitutional Law - Power Of Congress To Punish For Contempt - Power To Punish For Completed Acts
Michigan Law Review
Petitioner was attorney for certain air lines and during the course of the "Air Mail" contracts investigation in the Senate in 1934 was ordered to produce certain correspondence. He delayed, claiming an attorney's privileges, and either he or his partner allowed clients to remove certain of the papers asked for from his files. Some of the papers were later returned by the clients, and others were destroyed. Petitioner was committed for contempt of the Senate and brought habeas corpus proceedings. Held, (1) neither the fact that an obstruction of legislative process has been removed or that its removal has …
Practice And Procedure-Seventh Amendment-Power Of Federal Court To Increase Inadequate Verdict
Practice And Procedure-Seventh Amendment-Power Of Federal Court To Increase Inadequate Verdict
Michigan Law Review
A jury in a federal court awarded the plaintiff $500 in a personal injury action; he moved for a new trial on the ground of inadequate damages. Having obtained consent of defendant to entry of judgment for $1500, the trial judge denied the motion. Plaintiff appealed. Held, this procedure was a violation of the Seventh Amendment of the Constitution; a new trial must be granted. Dimick v. Schiedt, (U. S. 1935) 55 Sup. Ct. 296.
A Postscript -- The Schechter Case, Ralph F. Fuchs
A Postscript -- The Schechter Case, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Constitutional Law--- Status Of Courts Of District Of Columbia
Constitutional Law--- Status Of Courts Of District Of Columbia
Michigan Law Review
Plaintiffs, justices of District of Columbia courts, protested the application by the Comptroller-General of an Act of Congress reducing their salaries, alleging that they felt it their duty to have the status of these courts defined. The majority of the Court, answering questions certified by the Court of Claims; held that section l of Article III of the federal constitution applied to the Supreme Court of the District of Columbia and to the Court of Appeals of the District of Columbia, and forbade a reduction of the compensation of the justices thereof during their continuance in office, on the theory …
Constitutional Law -Administrative Duties Of The Judiciary- Due Process
Constitutional Law -Administrative Duties Of The Judiciary- Due Process
Indiana Law Journal
No abstract provided.
Constitutional Law - Self-Incrimination - Effect Of State Immunity Statute In Federal Court
Constitutional Law - Self-Incrimination - Effect Of State Immunity Statute In Federal Court
Michigan Law Review
The defendant was indicted for violation of the National Prohibition Act. He pleaded immunity from prosecution in the federal court because of his forced testimony in the trial of another in the state court. Held, the state immunity statute was ineffective to protect the defendant in a federal court. United States v. Smith, 51 F.(2d) 803 (1931).
Constitutional Law--Compelling Witness Duty From Absent Nationals
Constitutional Law--Compelling Witness Duty From Absent Nationals
Michigan Law Review
One Blackmer, a citizen of the United States wanted as a witness in the prosecution of Fall and Sinclair, removed to France. Primarily for the purpose of compelling him to return as a witness, Congress enacted, in 1926, the statute commonly known as the Walsh Act. This act provides that whenever the Attorney General or any assistant or district attorney acting under him desires as a witness in a criminal action a person abroad who is a "citizen of the United States or domiciled therein," a subpoena may be issued addressed to a United States consul to be served by …
Courts-Power To Direct Verdicts Where Forbidden By State Constitution
Courts-Power To Direct Verdicts Where Forbidden By State Constitution
Michigan Law Review
ln a suit for personal injuries the district court of the United States for the district of Arizona directed a verdict for the defendant on the ground that the plaintiff was guilty of contributory negligence. The constitution of Arizona, sec. 5, art. 18 provides: "The defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury." Held, that this section is not binding on a federal court sitting in Arizona, and does not prevent such court from directing a verdict when …
The Constitution And The Courts, Conrad Wolf
The Constitution And The Courts, Conrad Wolf
Indiana Law Journal
No abstract provided.
Waiver Of Trial By Jury In Criminal Cases, S. Chesterfield Oppenheim
Waiver Of Trial By Jury In Criminal Cases, S. Chesterfield Oppenheim
Michigan Law Review
Waiver of jury trial in criminal cases generally is a highly practical issue at the present time both from the standpoint of the public and of the accused. The belief is common that the element of delay is one of the primary causes of the general disrespect attaching to the courts of criminal juridiction. It is said that an overzealousness in shielding the citizen against oppression and injustice has resulted in shifting to the background expedients designed to simplify and give momentum to the disposition of criminal cases.
Some Conflicting Decisions Of The United States Supreme Court, Hugh Evander Willis
Some Conflicting Decisions Of The United States Supreme Court, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Due Process Of Law Under The United States Constitution, Hugh Evander Willis
Due Process Of Law Under The United States Constitution, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Congress And The Supreme Court, Thomas Frank Konop
Congress And The Supreme Court, Thomas Frank Konop
Journal Articles
In 1924, Plank Five of the Platform of the Independent candidate for President proposed a constitutional amendment that would enable Congress to override judicial review by reenacting a statute. Such an amendment would, of course, run in stark contrast to Chief Justice Marshall’s opinion in Marbury v. Madison. This paper explores nature of this proposed amendment and analyzes the implications of overturning the foundation of judicial power in our tripartite system of government. In sum, the author suggests that judicial review serves as an excellent check on Congress and the temporary passions of the public itself.
Constitutional Law-Due Process-Compulsory Arbitration Under Kansas Industrial Relations Act
Constitutional Law-Due Process-Compulsory Arbitration Under Kansas Industrial Relations Act
Michigan Law Review
Another interesting chapter has been written in the legal history of the Kansas Court of Industrial Relations, that most interesting attempt to substitute judicial methods for the present condition of strife in the field of industrial dispute, and to recognize the rights of the public as an interested third party in such disputes. In Wolff Packing Co. v. Court of Industrial Relations, U. S. Sup. Ct., Oct. Term, 1924, Nos. 207 and 299, 45 S. Ct. Rep. 441, the Supreme Court of the United States has decided that the Industrial Relations Act, c. 29, LAWS 1920 (KANSAS), SPECIAL SESSION, …
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 …
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 …
Constitutional Law--Due Process--Kansas Industrial Court
Constitutional Law--Due Process--Kansas Industrial Court
Michigan Law Review
Has the State power to regulate wages and to secure continuity of functioning in essential industries? The U. S. Supreme Court, in Wolff Packing Co. v. Court of Industrial Relations of Kansas, -- U. S. -- Adv. Op. June 11, 1923, says no, at least as to individuals or corporations, engaged in the production of food, but not strong enough to dominate or control the industry. The case involves the validity, under the Federal Constitution, of the Kansas Act establishing the Court of Industrial Relations, referred to hereinafter as the "Industrial Court." Special Session Laws of Kansas, 1920, Chap. …
Constitutional Law--Executive Pardons In The Courts
Constitutional Law--Executive Pardons In The Courts
Michigan Law Review
An interesting conflict between American political theories and early English precedents arose in a recent case involving the jurisdiction of a court of equity to set aside a pardon procured through fraud and deception upon the pardoning power. At the common law any suppression of the truth or suggestion of falsehood in procuring a pardon was held to vitiate it. HAWKINS, B. 2, ch. 37, § 8; 4 BLACK. COMM. 398, 400. The statute of 27 EDW. III, c. 2, provided that where a pardon was granted at any man's suggestion, the fact of such suggestion and the name of …
Social And Economic Interpretation Of The Fourteenth Amendment, Robert Eugene Cushman
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 …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Admiralty - Workmen's Compensation - Is a Hydroplane a Vessel? - Claimant was employed in the care and management of a hydroplane which was moored in navigable waters. The hydroplane began to drag anchor and drift toward the beach, where it was in danger of being wrecked. Claimant waded into the water and was struck by the propeller. Held, claimant is not entitled to compensation under the Workmen's Compensation Law, since a hydroplane while on navigable waters is a vessel, and therefore the jurisdiction of the admiralty excludes that of the State Industrial Commission. Reinhardt v. Newport Flying Service Corp. …
Indemnity Act Of 1863 A Study In The War-Time Immunity Of Governmental Officers, James G. Randall
Indemnity Act Of 1863 A Study In The War-Time Immunity Of Governmental Officers, James G. Randall
Michigan Law Review
One of the familiar measures of the Union administration during the Civil War was the suspension of the habeas corpus privilege and the consequent subjection of civilians to military authority. The essential irregularity of such a situation in American law is especially conspicuous when one considers its inevitable sequel-namely, the protection of military and civil officers from such prosecution as would normally follow invasion of private rights and actual injury of persons and property. Such protection was supplied by a bill of indemnity passed in 1863, and this law, with its amendment of i866, forms a significant chapter in the …