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Articles 2611 - 2640 of 2714
Full-Text Articles in Constitutional Law
Constitutional Law-Municipal Corporations-Police Power
Constitutional Law-Municipal Corporations-Police Power
Michigan Law Review
The defendants circulated, on the streets of Milwaukee, hand bills which set forth the political and economic views of their group. An ordinance made it unlawful for any person "to circulate or distribute any circular, hand bills, cards, posters, dodgers, or other printed or advertising matter, * * * in or upon any sidewalk, street, * * * or other public place, park or ground within the City of Milwaukee." The defendants were arrested and convicted of violating this ordinance. There was no charge that the ordinance was enforced in any unreasonable or discriminatory manner, or that its purpose was …
Constitutional Law-Due Process-Reasonableness Of Police Regulation
Constitutional Law-Due Process-Reasonableness Of Police Regulation
Michigan Law Review
The New York Agriculture and Markets Law, (Cons. Law, c. 69), sec. 252, 253, required an annual license of all persons or corporations gathering milk from producers for manufacture or resale. This was to be issued only upon execution of a bond for at least $2,000, conditioned upon the compliance with this law and the prompt payment to producers for milk or cream bought by the gatherer. The commission, however, could by formal order relieve the gatherer from having to file this bond if satisfied as to the gather's solvency and probable ability to pay for milk purchased. In case …
Constitutional Law-Due Process-Police Power-Junk Yards
Constitutional Law-Due Process-Police Power-Junk Yards
Michigan Law Review
The City of Ashland, Kentucky, acting under a specific power to license and regulate junk yards granted to it by the legislature under section 3058-2 Ky. Stat. (Carroll, 1922) passed an ordinance requiring applicants for licenses to operate junk yards within the city of Ashland. "to make and execute with the Clerk of the City of Ashland, Kentucky, a permit signed by the applicant providing that the Police Department * * * may inspect and search the said shop or place of business." The appellant complied with all other requirements, but refused to execute the permit: Because the clerk would …
Constitutional Law-Due Process-Revocationof Driver's License
Constitutional Law-Due Process-Revocationof Driver's License
Michigan Law Review
Petitioner's license was suspended under a statute which provided that if a judgment for personal injuries or property damage resulting from the ownership or operation of an automobile remained unpaid fifteen days after it became final, the driver's license should be revoked or suspended until payment and until proof offered of ability to pay future claims. Arrested and jailed for driving without a license, petitioner sought release by writ of habeas corpus on the ground that the statute was unconstitutional. Held, that the operation of the statute was discriminatory and based on an unnatural classification; petitioner discharged. Ex parte …
Constitutional Limitations On Public Indebtedness, Richard Priest Dietzman
Constitutional Limitations On Public Indebtedness, Richard Priest Dietzman
Kentucky Law Journal
No abstract provided.
Constitutional Law-Due Process-Statutory Interpretation As Judicial Legislation
Constitutional Law-Due Process-Statutory Interpretation As Judicial Legislation
Michigan Law Review
Plaintiff brought suit in Missouri to enjoin collection of taxes alleged to be discriminatory, basing his claim for equitable relief on the absence of any other remedy. The supreme court of Missouri dismissed the bill, without hearing on the substantive question, on the ground that there existed, under a state statute, an adequate remedy in appeal to the state tax commission. Previously the court had denied, in several cases, that the statute gave such a right, and had allowed equitable relief in one case on that ground. When the decision in the principal case was rendered, it was too late …
Constitutional Law -Elections - Constitutionality Of The Corrupt Practices Act-The Kohler Case
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 …
Indiana Should Call A Constitutional Convention, Albert Stump
Indiana Should Call A Constitutional Convention, Albert Stump
Indiana Law Journal
No abstract provided.
Revision Of The Indiana Constitution, Hugh E. Willis
Revision Of The Indiana Constitution, Hugh E. Willis
Indiana Law Journal
No abstract provided.
The Status Of A Municipal Corporation Organized Under An Unconstitutional Statute, Oliver P. Field
The Status Of A Municipal Corporation Organized Under An Unconstitutional Statute, Oliver P. Field
Michigan Law Review
A municipal corporation has governmental as well as proprietary functions to perform. It differs from a private corporation in that its primary functions are governmental. Municipal corporations are usually spoken of as legal persons, or entities, in the same sense that private corporations are, but in studying them it must always be borne in mind that the main purpose for which most of them are created is that they may perform certain governmental functions.
Due Process Of Law In State Labor Legislation, Fowler Vincent Harper
Due Process Of Law In State Labor Legislation, Fowler Vincent Harper
Michigan Law Review
With this material in mind, is it possible to arrive at any useful conclusions as to what constitutes due process of law in labor legislation? In each group of cases, there seem to be two distinct, though inseparable functions of the judicial process of reviewing the legislation in question. The courts, in brief, are arriving at conclusions both of fact and of law. The impression was, at one time prevalent that the extent of review of certain types of labor legislation was limited to the reasonableness of the' statute as respects the end sought and the means of attaining that …
Due Process Of Law In State Labor Legislation, Fowler Vincent Harper
Due Process Of Law In State Labor Legislation, Fowler Vincent Harper
Michigan Law Review
State interference with conditions of employment, as determined by the strength of the contracting parties, by imposing requirements calculated to protect the safety and health of employees, has not been without interruption from the courts. In the earlier cases, when organized labor was not strong enough to enforce the most reasonable demands without assistance from the legislature, the courts were wont to look with astute eye upon the infringement of liberty of contract thus resulting. When the reasoning started with the assumption that liberty of contract was the rule and the employment of the police power of the State the …
Due Process Of Law In State Labor Legislation, Fowler Vincent Harper
Due Process Of Law In State Labor Legislation, Fowler Vincent Harper
Michigan Law Review
Any regulation on the part of the state of the relations between the laborer and his employer must necessarily deprive the one or the other of his liberty or property, by interfering with his freedom to contract. The protection of freedom of contract which the Constitution affords is not, however, an absolute right. There is nothing necessarily unconstitutional about such legislation unless it is "without due process of law." In other words, legislation of this kind is usually a valid regulation if it can be justified as coming within the due process of law provision.
The Banking Clauses In The Constitution Of Iowa, Frank Edward Horack Jr.
The Banking Clauses In The Constitution Of Iowa, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Constitutional Law-Eminent Domain-Michigan Constitutional Provision
Constitutional Law-Eminent Domain-Michigan Constitutional Provision
Michigan Law Review
The necessity for the exercise of the power of eminent domain in a given case is a legislative question into which the courts cannot inquire, unless an abuse of legislative power is asserted. This results from the very nature of the power to take property for a public use, which power in itself is inherent in sovereignty. When the legislature determines to take a piece of property it is exercising the power in the normal manner. If the use is public, no further determination is necessary once the legislative decision is made. The real reason for the rule would seem …
Unconstitutional Conditions And State Powers, S. Chesterfield Oppenheim
Unconstitutional Conditions And State Powers, S. Chesterfield Oppenheim
Michigan Law Review
The genesis and development of the so-called doctrine of unconstitutional conditions represent a phase of the general problem of the division of state and federal powers. Its importance was first recognized in the series of cases dealing with the power of the state over foreign corporations seeking to do business within its borders, for it was in those decisions that the Supreme Court moderated the absolutism of the principle announced in Paul v. Virginia, by the indefinite qualification that the conditions of admission must not be "repugnant to the Constitution or laws of the United States".
Constitutional Law-Taxation Of Foreign Corporations
Constitutional Law-Taxation Of Foreign Corporations
Michigan Law Review
The constitutional limitations on the power of the states to tax foreign corporations present many intricate questions. In general it may be said that a state may tax foreign corporations the same as it may tax domestic corporations, but subject to the limitations found in the commerce clause and the Fourteenth Amendment of the Federal Constitution. The commerce cause takes certain subjects out of the realm of state taxation altogether. The state cannot directly impose a burden of any sort upon interstate commerce. It cannot even lay an excise on the privilege of doing intrastate business if the basis includes …
Constitutionality Of Municipal Zoning And Segregation Ordinances, George D. Hott
Constitutionality Of Municipal Zoning And Segregation Ordinances, George D. Hott
West Virginia Law Review
No abstract provided.
Constitutional Law-Regulation Of Resale Of Tickets Of Admission To Places Of Entertainment
Constitutional Law-Regulation Of Resale Of Tickets Of Admission To Places Of Entertainment
Michigan Law Review
An addition has been made to a series of cases indicating that the United States Supreme Court is turning away from a tendency to sustain state legislation, especially where the factual basis constituting the inducement of the enactment involves debatable factors. in a five to four decision that gives the unscrupulous ticket scalpers free rein to shear all the fleece from the theatre going lambs of greater New York, the Supreme Court has held to be in violation of the Fourteenth-Amendment a New York statute limiting the resale price of tickets of admission to places of entertainment to fifty cents …
Constitutional Law-Statutory Prohibition Of Possession Of Liquor
Constitutional Law-Statutory Prohibition Of Possession Of Liquor
Michigan Law Review
The Michigan court has recently declared the state statute prohibiting the mere possession of liquor to be constitutional. People v. Burt, 236 Mich. 62, 210 N. W. 97. The court does not enter into any: discussion as to the constitutionality, but relies on a previous decision, People v. Stambosva, 210 Mich. 436, 178 N. W. 226. This phase of the case is stressed, however, in a vigorous dissent by Chief Justice Bird, who denies that the Stambosva case is controlling. That case held the statutory provision in question to be valid, as not violative of due process, but …
The Four Constitutions Of Kentucky, Richard Priest Dietzman
The Four Constitutions Of Kentucky, Richard Priest Dietzman
Kentucky Law Journal
No abstract provided.
Our Dual Form Of Government, Hugh Evander Willis
Our Dual Form Of Government, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Admission To The Bar As Provided For In The Indiana Constitutional Convention Of 1850-1851, James J. Robinson
Admission To The Bar As Provided For In The Indiana Constitutional Convention Of 1850-1851, James J. Robinson
Indiana Law Journal
No abstract provided.
Effect Of An Unconstitutional Statute, Oliver P. Field
Effect Of An Unconstitutional Statute, Oliver P. Field
Indiana Law Journal
No abstract provided.
Sterilization Of Mental Defectives, Burke Shartel
Sterilization Of Mental Defectives, Burke Shartel
Michigan Law Review
In 1923 the legislature of Michigan passed an act "to authorize the sterilization of mentally defective persons". This act has recently been sustained in its main provisions by the Michigan supreme court in a case brought to test its constitutionality. Probably the United States Supreme Court will also have an opportunity to pass upon the validity of this law, but the Michigan decision, although not final on the question whether the sterilization of defectives is violative of the "due process clause" of the Fourteenth Amendment, is nevertheless very significant. It is the first instance so far as the writer can …
Distinction Between Governmental And Proprietary Functions Of Municipal Corporations, Delmar W. Doddridge
Distinction Between Governmental And Proprietary Functions Of Municipal Corporations, Delmar W. Doddridge
Michigan Law Review
There are many places in the law where the making of a distinction has resulted in a difficulty in application that has greatly increased litigation, but there are few places where this is more true than in the distinction made between the governmental and the proprietary functions of municipal corporations. The distinction has taken a firm grip upon the law of municipal corporations and seems well settled, although its propriety as applied to particular subjects may be doubted. The terminology of the distinction is in itself productive of doubt, the function or duty in the one branch being denominated "governmental", …
Early Frontier Democracy In The First Kentucky Constitution, E. Merton Coulter
Early Frontier Democracy In The First Kentucky Constitution, E. Merton Coulter
West Virginia Law Review
No abstract provided.
Constitutional Law-Liberty Of Contract-Regulation Of Loaves Of Bread
Constitutional Law-Liberty Of Contract-Regulation Of Loaves Of Bread
Michigan Law Review
A Nebraska statute aimed at short weights in loaves of bread, forbade the manufacture or sale of loaves weighing either more or less than specified standard amounts. It applied only to quantities of 25 loaves or more and a "tolerance" of two ounces per pound was allowed in excess of the standard weights, to be measured by taking an average of the whole consignment. The prohibition of excess weights was explained by the Nebraska court as an attempt "to prevent a loaf of one standard from being increased in size until it can readily be sold for a larger standard". …
Fair Value Of Public Utilities, Edwin C. Goddard
Fair Value Of Public Utilities, Edwin C. Goddard
Michigan Law Review
Such being the decisions, we turn to the practical working of the theories that have been applied. The law is a practical subject. Even in so sacred a matter as protection of property, rules of law should regard the practical results of any theory. A theory that works badly, presumptively at least, is defective, and may be wrong. The guaranties of the Constitution were made for man, not man for the guaranties, and a conception of property that does not work out for the advantage of man may raise a query whether the Constitution demands that conception. It was that …
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. …