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Articles 1471 - 1489 of 1489

Full-Text Articles in Constitutional Law

Freund: On Understanding The Supreme Court., Michigan Law Review Jun 1950

Freund: On Understanding The Supreme Court., Michigan Law Review

Michigan Law Review

A Review of ON UNDERSTANDING THE SUPREME COURT. By Paul A. Freund.

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Defense Of The Old Court And A Plea For Some Certainty In The Law, Douglas Mckay Sr. Mar 1949

Defense Of The Old Court And A Plea For Some Certainty In The Law, Douglas Mckay Sr.

South Carolina Law Review

No abstract provided.

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Mr. Justice William Johnson And The Common Incidents Of Life: I, A. J. Levin Aug 1945

Mr. Justice William Johnson And The Common Incidents Of Life: I, A. J. Levin

Michigan Law Review

When Justice Oliver Wendell Holmes filed his brief dissenting opinion in Lochner v. New York in 1905 he must have noticed something new on the American horizon. In this now famous opinion he initiated the first steps which were to usher in a new era in American jurisprudence. "General propositions do not decide concrete cases," he announced with axiomatic brevity and, thus, gave the first telling blow to what may well be termed "introspective jurisprudence." This generalization on the subject of generality was followed in the opinion by a more concrete application, the implementing assertion that a reasonable man might …

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Constitutional Law Dec 1939

Constitutional Law

Indiana Law Journal

Recent Case Notes: Taxation of Judges' Salaries

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Judges -Appointment Of Substitute For Recused Judges - Disqualification Of Judges, Julian Caplan Apr 1938

Judges -Appointment Of Substitute For Recused Judges - Disqualification Of Judges, Julian Caplan

Michigan Law Review

The problems of the disqualification of judges because of prejudice and of the appointment of substitutes for judges so disqualified were considered in the recent case of State ex rel. Thompson v. Day. One of the defendants in a labor injunction suit had filed with the governor an affidavit setting forth facts showing that the sole judge of the district in which the dispute had arisen had anti-labor tendencies to such extent that the petitioner could not obtain a fair trial and requested that the regular judge be disqualified from hearing the injunction proceedings and a substitute appointed. The …

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Has The Constitution Gone?, John A. Fairlie May 1935

Has The Constitution Gone?, John A. Fairlie

Michigan Law Review

As far back as 1828, Chief Justice Marshall is quoted as saying: "Should Jackson be elected, I shall look upon the government as virtually dissolved." A few years later, when Taney was appointed Chief Justice by Jackson, Daniel Webster wrote: "Judge Story thinks the Supreme Court is gone, and I think so too." Soon afterwards, when the newly constituted Court rendered decisions upholding statutes from which Story dissented, the latter wrote to Judge McLean: "There will not, I fear, ever in our day, be any case in which a law of a State or of Congress will be declared …

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Constitutional Law-Court Of Claims-Legislative Courts-Reducing Judge's Salary Feb 1934

Constitutional Law-Court Of Claims-Legislative Courts-Reducing Judge's Salary

Indiana Law Journal

No abstract provided.

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The Contribution Of Thomas M. Cooley To Bryce's "American Commonwealth", Everett S. Brown Jan 1933

The Contribution Of Thomas M. Cooley To Bryce's "American Commonwealth", Everett S. Brown

Michigan Law Review

In the preface to The American Commonwealth, James Bryce acknowledged his indebtedness to numerous friends who, in one way or other, aided him in the writing of his book. First on this list is the name of Thomas M. Cooley. An examination of the text and footnotes of The American Commonwealth shows that Bryce was well acquainted with Cooley's published works, especially his Constitutional Limitations and his General Principles of Constitutional Law, which he quoted frequently with approval and respect. Also one finds six references to letters from Judge Cooley or to observations made directly by him to Bryce. But …

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Tenure Of Office Under The Constitution, Everett S. Brown Jan 1931

Tenure Of Office Under The Constitution, Everett S. Brown

Michigan Law Review

A review of TENURE OF OFFICE UNDER THE CONSTITUTION By James Hart.

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Justice And Constables--Civil And Criminal Liability For Unlawful Searches And Seizures, R. T. D. Dec 1925

Justice And Constables--Civil And Criminal Liability For Unlawful Searches And Seizures, R. T. D.

West Virginia Law Review

No abstract provided.

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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 …

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Book Reviews, Nathan Isaacs, Horace Lafayette Wilgus, Arthur H. Basye, Leonard D. White, Victor H. Lane, Edwin D. Dickinson Apr 1922

Book Reviews, Nathan Isaacs, Horace Lafayette Wilgus, Arthur H. Basye, Leonard D. White, Victor H. Lane, Edwin D. Dickinson

Michigan Law Review

What does a judge do when he decides a case? It would be interesting to collect the answers ranging from those furnished by primitive systems of law in which the judge was supposed to consult the gods to the ultra-modern, rather profane system described to me recently by a retrospective judge: "I make up my mind which way the case ought to be decided, and then I see if I can't get some legal ground to make it stick." Perhaps the widespread impression is the curiously erroneous one lampooned by Gnaeus Flavius (Kantorowitz). The judge is supposed to sit at …

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Recent Important Decisions, Michigan Law Review Mar 1922

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Carriers of Passengers - Duty to Stop at Station to Permit Passenger to Alight-Contributory Negligence of Passenger Plaintiff's intestate was riding in the front end of a crowded vestibule car in the coach next to the tender of the eengine. When the train stopped at his station he tried to leave by the front end, but found the door from the vestibule closed. As he did not know how to open it, or was unwilling to be carried by his station, he stepped from his platform to the bumper of the tender and tried to follow it to the side …

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A Historic Judicial Controversy And Some Reflections Suggested By It., S. S. Gregory Jan 1913

A Historic Judicial Controversy And Some Reflections Suggested By It., S. S. Gregory

Michigan Law Review

Probably most well informed persons of the present generation associate the notion, once maintained, that a state might secede or nullify an act of Congress, with the South and its earlier statesmen. And it is time that the resolutions drawn substantially by Jefferson and adopted by the Legislature of Kentucky in 1798, and similar resolutions drafted by Madison and adopted by the General Assembly of Virginia in the same year, together with some similar and more explicit declarations by the Legislature of the former state in 1799, seem to furnish some warrant for this impression. Yet it seems to be …

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Recent Important Decisions, Michigan Law Review Nov 1912

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Animals--Abuse--Malice Toward the Owner; Assault and Battery--Apparent Ability; Bankruptcy--marshaling Assets of Partnership and of Constituent Firm; Banks and Banking--Checks--Fictitious Payee; Bills and Notes--Bona Fide Holder; Carrier--duty to Protect Passengers; Constitutional law--Division of Powers--Infringement on Executive; Constitutional law--Eminent Domain--Supersedure of Ordinance of 1787; Constitutional law--Special Legislation--Automobiles; Corporations--Issue of Stock--Corporation of Two States; Courts--Jurisdiction--Damage to Real Property Without the State--Negligence; Damage--Personal Injuries Contributing to Disease; Deeds--Assignment o fright of Entry Between Heirs; Deeds--Restrictive Covenant--"building" Defined; Equity--Infringement of Trade Marks--"Clean Hands"--Husband and Wife--Estate by Entirety--Conveyance of Husband's Interest; Judgment--Effect of the Transcript of a Justice's Judgement Filed in the District Court; Judgment--Estoppel--Homestead; Marriage--What …

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The Gibbons V. Ogden Fetish, Fred'k H. Cooke Feb 1911

The Gibbons V. Ogden Fetish, Fred'k H. Cooke

Michigan Law Review

It was, we believe, Huxley who once said something to the effect that, as soon as one becomes an authority in science, he becomes a nuisance. In many a field of human activity, we find illustrations of the influence of a great name in retarding the progress of thought. Cuvier and Agassiz furnish notable instances in the realm of natural science. For centuries the great authority of Galen operated to paralyze progress in medicine. Still better known are instances of supposedly infallible individuals, or organizations, or writings, in retarding progress in theology. The same influence has notoriously operated in jurisprudence. …

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The Establishment Of Judicial Review Ii, Edwin S. Corwin Feb 1911

The Establishment Of Judicial Review Ii, Edwin S. Corwin

Michigan Law Review

In tracing the establishment of judicial review subsequently to the inauguration of the national government it will be important to bear in mind that there are two distinct kinds of judicial review, namely, federal judicial review, or the power of the federal courts to review acts of the State legislatures under the United States Constitution, and Judicial review proper; or the power of the courts to pass upon the constitutionality of acts of the coordinate legislatures. That the Judiciary Act of 1789 contemplated, in the mind of its author, Ellsworth, the exercise of the power of review by the national …

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The Establishment Of Judicial Review (I), Edwin S. Corwin Dec 1910

The Establishment Of Judicial Review (I), Edwin S. Corwin

Michigan Law Review

When Gladstone described the Constitution of the United States as "the most wonderful work ever struck off at a given time by the brain and purpose of man," his amiable intention to flatter was forgotten, while what was considered his gross historical error became at once a theme of adverse criticism. Their contemporaries and immediate posterity regarded the work of the Constitutional Fathers as the inspired product of political genius and essentially as a creation out of hand. Subsequently, due partly to the influence of the disciples of Savigny in the field of legal history, partly to the sway of …

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Historical Lights From Judicial Decisions, Edward Cahill Jan 1908

Historical Lights From Judicial Decisions, Edward Cahill

Michigan Law Review

The history of a nation is to be looked for in a great variety of places. Its traditions, its public and private records, its religious and social orders, its literature and its laws, each yield copious results to the researches of the historian. The social, religious and economic conditions of a nation at any period of its history, the state of the· domestic relations, the rights of property and of succession, the growth of personal liberty, all these and many more find their accurate expression sooner or later, in the written or unwritten laws of the land. And the movement …

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