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University of Michigan Law School

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Articles 1681 - 1710 of 2298

Full-Text Articles in Constitutional Law

Constitutional Law - Due Process Limitations On Statutes Regulating Extrastate Contracts, Michigan Law Review Aug 1943

Constitutional Law - Due Process Limitations On Statutes Regulating Extrastate Contracts, Michigan Law Review

Michigan Law Review

Plaintiffs, reciprocal insurance associations which insure against fire and related risks, and whose attorneys-in-fact are located in Illinois, brought a declaratory judgment action in New York state courts for a determination of the applicability to them of the New York law requiring that such co-operative insurance associations obtain a license, or be prohibited from doing "any act which effects, aids or promotes the doing of an insurance business" in New York. As a condition of the license, submission to the New York regulations is required. The activities of the associations within the state of New York include investigation by engineers …

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Abstracts, Katherine Kempfer Aug 1943

Abstracts, Katherine Kempfer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

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Abstracts, Katherine Kempfer Jun 1943

Abstracts, Katherine Kempfer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

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Constitutional Law - Criminal Law And Procedure - Presence Of Accused During Arguments Of Law, Arthur B. Lathrop Apr 1943

Constitutional Law - Criminal Law And Procedure - Presence Of Accused During Arguments Of Law, Arthur B. Lathrop

Michigan Law Review

The defendant was indicted for a felony on charges of wilfully attempting to "evade or defeat'' federal income taxes based on his failure to report money allegedly received by him from "backers" of numbers games in exchange for political protection. On cross-examination he was questioned about certain payments made in the year following the ones on which the indictment was based. His attorney objected on the ground that the question was going to be the subject of another indictment against the defendant, and asked that the jury be dismissed while an argument was had upon the point of law raised. …

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Constitutional Law - Validity Of Rent Provisions Of Emergency Price Control Act, George T. Schilling Feb 1943

Constitutional Law - Validity Of Rent Provisions Of Emergency Price Control Act, George T. Schilling

Michigan Law Review

The administrator of the Office of Price Administration brought an action in a federal district court to enjoin defendant from violating the rent provisions of the Emergency Price Control Act of 1942, and orders and regulations issued pursuant thereto. Defendant, by way of counterclaim, challenged the constitutionality of the act and Regulation No. 10 and sought an in junction restraining plaintiff from enforcing against her the provisions of the act, from interfering with the use and occupancy of her premises and her right to invoke the jurisdiction of the state courts, and requesting the suspension of the penal provisions of …

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Abstracts, Katherine Kempfer Feb 1943

Abstracts, Katherine Kempfer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

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Constitutional Law - Interstate Commerce - Agricultural Adjustment Act, H. Marshall Peter Feb 1943

Constitutional Law - Interstate Commerce - Agricultural Adjustment Act, H. Marshall Peter

Michigan Law Review

Under the terms of the Agricultural Adjustment Act of 1938, the Secretary of Agriculture is authorized, whenever it appears that the nation's wheat supply will exceed a certain amount, so to proclaim and to put into effect a marketing quota. A referendum must be conducted among the farmers, and if more than one-third oppose, the operation of the quota must be suspended. In July, 1940, the appellee was given notice of an allotment for his 1941 crop. This notice preceded his fall planting of that crop, and another notice a year later preceded its harvesting. The amendment of May 26, …

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Constitutional Law - Constitutionality Of Tire Rationing, Malcolm M. Davisson Feb 1943

Constitutional Law - Constitutionality Of Tire Rationing, Malcolm M. Davisson

Michigan Law Review

Plaintiff, Price Administrator, sought to enjoin defendants from selling rubber tires and tubes to consumers without tire rationing certificates as required by the tire rationing regulations. Defendants contended that the regulations were void under the Fifth Amendment as taking of property without due process of law and without just or any compensation. Held, judgment for plaintiff. The tire rationing regulations, a proper exercise of the war powers vested by Congress in the President or some duly constituted department, agency, or officer of the federal government, are not in contravention of the prohibition of the Fifth Amendment against the taking …

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Constitutional Law-Trial By Jury-Conditions Of Valid Waiver Dec 1942

Constitutional Law-Trial By Jury-Conditions Of Valid Waiver

Michigan Law Review

Until the rendition of the Supreme Court's lengthy opinion in Patton v. United States the consequence of a defendant's waiver of his constitutional right to trial by jury in criminal cases, and his resultant trial without a jury of twelve persons, was matter for vigorous disputation. The decisions from various jurisdictions are conflicting and confused. Some courts have declared flatly that the right cannot be validly waived and that conviction following an attempted waiver is a nullity. But their reasons for so holding are widely variant.

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Constitutional Law-Saboteurs And The Jurisdiction Of Military Commissions, George T. Schilling Dec 1942

Constitutional Law-Saboteurs And The Jurisdiction Of Military Commissions, George T. Schilling

Michigan Law Review

The jurisdiction of military tribunals in the United States has troubled political and legal writers since the days of the Revolution. Decided cases are not numerous. The boundaries separating military and civil jurisdiction are not precise. Observations of the plight of oppressed peoples in other lands as well as the conception of total war and the course of action necessary for survival warrant a reexamination and reappraisal of our constitutional guarantees, which were in part based upon and reflect a fear of tyrannical military rule. A pronouncement of the Supreme Court of the United States in this field is, therefore, …

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Recent Decisions, Michigan Law Review Oct 1942

Recent Decisions, Michigan Law Review

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

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Constitutional Law - Impairing The Obligation Of Contracts - New York Decedents' Estate Law, Robert Walsh Oct 1942

Constitutional Law - Impairing The Obligation Of Contracts - New York Decedents' Estate Law, Robert Walsh

Michigan Law Review

By a premarital agreement executed in 1922 the wife of decedent waived all rights in his estate. The waiver was signed but not acknowledged. In August, 1930, decedent executed a will leaving $2,000 to his wife. In September, 1930, there went into effect an amendment of the Decedents' Estate Law of New York, which gave to a widow an election to take under or against the will of her husband and provided that such election could be waived only by an instrument signed and acknowledged. The statute applied only to wills executed after September, 1930. The decedent executed a codicil …

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Evidence - Constitutional Problems In Compelling The Attendance Of Witnesses Outside The State, Paul J. Keller, Jr. Aug 1942

Evidence - Constitutional Problems In Compelling The Attendance Of Witnesses Outside The State, Paul J. Keller, Jr.

Michigan Law Review

Cooper, a citizen of New Jersey, was sought as a witness by a defendant in a criminal prosecution in a New York court in accordance with a New Jersey statute, which allowed such a procedure upon certain conditions. The conditions included a hearing in New Jersey on the summons and provisions for compensation and immunity from service of process while acting on the writ outside the state. At the New Jersey hearing on the summons Cooper objected on the ground that the statute was an unconstitutional deprivation of his liberty. Held, that the statute is constitutional. In re Cooper …

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Constitutional Law - Involuntary Servitude, John W. Potter Aug 1942

Constitutional Law - Involuntary Servitude, John W. Potter

Michigan Law Review

Appellant was indicted under a Georgia statute which provided that anyone who contracted to perform services of any kind with the intent not to perform such services was subject, upon conviction, to fine and /or imprisonment. Proof of the contract, procurement of money or any other thing of value, and the failure to perform the service or to return the money advanced without good and sufficient cause were stated to be presumptive evidence of the requisite intent. Appellant claimed that the statute violated the Thirteenth Amendment and the due process clause of the Fourteenth Amendment. The state court held the …

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Constitutional Law - Labor Law - Recent Ramifications Of The Application Of Free Speech Doctrines To The Protection Of Picketing, William H. Kinsey Jun 1942

Constitutional Law - Labor Law - Recent Ramifications Of The Application Of Free Speech Doctrines To The Protection Of Picketing, William H. Kinsey

Michigan Law Review

When the United States Supreme Court declared that peaceful picketing was protected by the constitutional guaranty of free speech, it raised the interesting question how the doctrines shielding the traditional modes of free speech were to be adapted to the preservation of picketing. A smooth cloaking of the right to picket with the sanctity of a constitutionally protected civil liberty is complicated by various factors such as the ease with which picketing may lead to violence, the elements of economic coercion inherent in even peaceful picketing, and the detrimental repercussions upon strangers to the controversy. As a result the clash …

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Constitutional Law - Commerce Clause - Power To Regulate Intrastate Transactions - Milk Prices, Michigan Law Review May 1942

Constitutional Law - Commerce Clause - Power To Regulate Intrastate Transactions - Milk Prices, Michigan Law Review

Michigan Law Review

Pursuant to the Agricultural Marketing Agreement Act of 1937, conferring on the Secretary of Agriculture the power to regulate the handling of milk which is "in the current of interstate or foreign commerce, or which directly burdens, obstructs or affects interstate or foreign commerce in such commodity or product thereof," the secretary issued marketing orders fixing minimum prices to be paid to producers of milk in the Chicago area. Respondent, who purchased and sold milk only within the state of Illinois, refused to comply with the order. The United States sought enforcement of the order, but the complaint was dismissed. …

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Constitutional Law - Commerce Clause - Regulation Of Renovated Butter Manufacture, Michigan Law Review May 1942

Constitutional Law - Commerce Clause - Regulation Of Renovated Butter Manufacture, Michigan Law Review

Michigan Law Review

Plaintiff, who was engaged in the manufacture of renovated butter from packing stock butter, brought an action to enjoin Alabama officials from enforcing state laws relating to the inspection and seizure of the raw material. Plaintiff contended that since the production of renovated butter was taxed and regulated by the United States, state action was excluded. The federal act conferred upon the Secretary of Agriculture, among other things the duty of ascertaining "whether or not materials used in the manufacture of said process or renovated butter are deleterious to health or unwholesome in the finished product, and in case such …

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Constitutional Law - Due Process - Notice And Hearing - Validity Of Statute Authorizing Seizure Of Property Illegally In Possession Of Pawnbroker, Wilbur Jacobs May 1942

Constitutional Law - Due Process - Notice And Hearing - Validity Of Statute Authorizing Seizure Of Property Illegally In Possession Of Pawnbroker, Wilbur Jacobs

Michigan Law Review

Complainant, believing his property to be illegally in the possession of defendant pawnbroker, obtained a search warrant, authorized by statute to be issued, on complaint under oath, by any magistrate who is satisfied that there is reasonable cause for complainant's belief. Although the statute required the property to be seized and delivered to complainant on his posting a bond for double the value of the property, the property was not in fact seized. However, actual notice to appear and be heard on a certain date was given to the defendant, even though such notice was not expressly required by the …

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Constitutional Law - State Proration Acts - Regulation Of Production When Sales Are Largely Interstate, Michigan Law Review Mar 1942

Constitutional Law - State Proration Acts - Regulation Of Production When Sales Are Largely Interstate, Michigan Law Review

Michigan Law Review

The plaintiff, a raisin packer in the state of California, was prevented from purchasing in open market to fill his out-of-state orders because of the California Agricultural Proration Act. By its provisions the producers of raisin grapes are required to turn over seventy per cent of their produce to state "pools." The remaining thirty per cent may be sold without restriction, providing the producer holds certificates issued by a commission. Packers are permitted to purchase only from such certificate holders. These packers operate within California, buying from producers and selling to jobbers, wholesalers, brokers, etc., for resale to the public. …

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Constitutional Law - State Control Of Interstate Migration Of Indigents, Edward W. Adams Mar 1942

Constitutional Law - State Control Of Interstate Migration Of Indigents, Edward W. Adams

Michigan Law Review

The interstate migration of persons presents the United States with one of its most acute economic and social problems and carries in its wake a series of significant legal questions. Of paramount importance is the constitutional question whether the migration of indigents is subject to state control. To lend understanding to this problem, attention will be called first to the basic economic and social urges underlying interstate migration and second to the position of the indigent as defined by traditional legal concepts. To complete the discussion, suggestions will be offered for corrective federal legislation.

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Constitutional Law -- Due Process -- Price-Fixing, Michigan Law Review Mar 1942

Constitutional Law -- Due Process -- Price-Fixing, Michigan Law Review

Michigan Law Review

A Nebraska statute required the licensing of private employment agencies and limited maximum compensation for services rendered to ten per cent of the first month's salary or wages of the person for whom employment was obtained. In this case the Secretary of Labor of Nebraska refused to issue a license because of the applicant's refusal to limit its compensation to the statutory maximum. In a suit for a peremptory writ of mandamus to compel the issuing of the license, the Secretary of Labor relied on the statute. In reliance on Ribnik v. McBride, the Supreme Court of Nebraska, with …

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Constitutional Law - Due Process Of Law - Freedom Of Expression In Commercial Handbills, Edward W. Adams Feb 1942

Constitutional Law - Due Process Of Law - Freedom Of Expression In Commercial Handbills, Edward W. Adams

Michigan Law Review

Petitioner desired to display for profit a privately owned submarine. Upon application, he was denied permission to tie up at the New York City docks, and so he obtained permission to use state-owned docks. He petitioned the police commissioner for permission to distribute handbills advertising his display, but because of a New York City ordinance providing that any handbill which was commercial in nature could not be circulated, this was refused. Petitioner then prepared a handbill with commercial matter referring to the display on one side, and on the other side a protest against the city's refusal to allow petitioner …

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Constitutional Law-Taxation - Express Immunity Of Federal Instrumentalities, Michigan Law Review Feb 1942

Constitutional Law-Taxation - Express Immunity Of Federal Instrumentalities, Michigan Law Review

Michigan Law Review

A federal land bank filed a complaint against defendant lumber company and the tax commissioner seeking exemption from a state sales tax on purchases of lumber by the bank. The Supreme Court of North Dakota found the bank liable for the tax and on certiorari to the United States Supreme Court it was held, that the Federal Farm Loan Act conferred express immunity from the tax upon the bank and that such Congressional exemption was constitutional by virtue of the "necessary and proper" clause. Federal Land Bank of St. Paul v. Bismarck Lumber Co. (U.S. 1941) 62 S. Ct. …

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The Amending Of The Federal Constitution, Lester Bernhardt Orfield Jan 1942

The Amending Of The Federal Constitution, Lester Bernhardt Orfield

Michigan Legal Studies Series

MOST treatises on constitutional law dispose of the federal amending clause in summary fashion. The commentators have thought fit to stress chiefly the division of authority between the federal government and the states. They have attached a high degree of significance to the dogma of separation of powers. A great deal of attention has been devoted to the doctrines of judicial review, the supremacy of the Federal Constitution, and the Bill of Rights. The taxation and the commerce clauses have come in for their full share of consideration. In recent years extensive studies have been made of the due process …

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Constitutional Law - Constitutionality Of State Sales Tax On Defense Materials Purchased Under A Cost-Plus-A-Fixed-Fee Contract With The Federal Government, Lloyd M. Forster Jan 1942

Constitutional Law - Constitutionality Of State Sales Tax On Defense Materials Purchased Under A Cost-Plus-A-Fixed-Fee Contract With The Federal Government, Lloyd M. Forster

Michigan Law Review

X had a cost-plus-a-fixed-fee contract with the federal government, under which the government reserved the right to pay directly for purchases made by X pursuant to contract to give prior authorization for each purchase over $500, to inspect and acquire title to materials delivered under such contract, and to furnish materials itself. X ordered lumber from plaintiff, who contested the constitutionality of an Alabama sales tax levied on this sale, contending that the tax was levied on a transaction by which the United States secured goods for governmental purposes. Held, the tax should be sustained, since X, and …

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Constitutional Law - Federal Election Laws - Primary Elections, Brooks F. Crabtree Jan 1942

Constitutional Law - Federal Election Laws - Primary Elections, Brooks F. Crabtree

Michigan Law Review

Several members of the New Orleans Board of Commissioners of Elections were indicted on charges of having fraudulently altered and counted numerous votes in a Louisiana primary election to nominate a candidate of the Democratic Party for representative in the United States Congress. The indictments were brought under sections 19 and 20 of the Criminal Code of the United States which make it a criminal offense to injure or deprive a citizen of any right or privilege secured to him under the Constitution. The defendants were alleged to have conspired together to deprive citizens in Louisiana of the right to …

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Constitutional Law - Due Process - Price Regulation - Prohibition Of Sales Below Cost, George W. Loomis Dec 1941

Constitutional Law - Due Process - Price Regulation - Prohibition Of Sales Below Cost, George W. Loomis

Michigan Law Review

Defendant was indicted for alleged violation of the Pennsylvania Fair Sales Act, which prohibits the "advertisement, offer for sale, or sale of any merchandise at less than cost by retailers or wholesalers," and makes violation of the act a misdemeanor. His motion to quash the indictment was sustained by the court of the quarter sessions and affirmed by the superior court, and the state appealed to the Pennsylvania Supreme Court. Held, affirming, that the statute violates the due process clause of the Fourteenth Amendment since it is not within the power of the state to prohibit sales below cost …

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Constitutional Law - Impairing The Obligation Of Contracts - Refunding Bonds, John F. Hall Dec 1941

Constitutional Law - Impairing The Obligation Of Contracts - Refunding Bonds, John F. Hall

Michigan Law Review

In 1938, Mississippi authorized the issuance of state highway bonds in the aggregate of $60,000,000. Interest was payable semiannually and the bonds were to mature serially semiannually, and to the extent necessary to make these payments the revenues from gasoline taxes were pledged. The act further provided that the state covenanted that so long as any of the bonds were outstanding and unpaid, it would not authorize "any other obligations or securities payable from gasoline tax revenues" unless such revenues should increase in such an amount that one-third of the proceeds would be sufficient to meet the principal and interest …

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Federal Courts - Review Of State Courts Decision Involving Federal And Nonfederal Ouestions, John C. Johnston Nov 1941

Federal Courts - Review Of State Courts Decision Involving Federal And Nonfederal Ouestions, John C. Johnston

Michigan Law Review

In exercising appellate jurisdiction over federal questions raised in the highest court of a state, the Supreme Court of the United States has refused to adopt the view that the existence of a federal question in the record or decision of the state court will empower it to decide every other question that is raised in the case. Correlated to this refusal to review the nonfederal question is the further self-imposed limitation that where the decision of the state court rests upon a nonfederal ground sufficient in itself to support the judgment of the state court, the Supreme Court will …

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Constitutional Law - Trial By Jury - Right To Waive Presence Of Trial Judge, Robert P. Kneeland Nov 1941

Constitutional Law - Trial By Jury - Right To Waive Presence Of Trial Judge, Robert P. Kneeland

Michigan Law Review

Defendant was tried for the crime of driving a car while intoxicated. After the jury was instructed and had retired, the judge who had supervised the trial up to that point announced that he was going to another town to sit for a judge who was in poor health, but that a second judge would be available to receive the jury's verdict. Defendant's counsel failed to object to these arrangements. After the judge who heard the cause had left, the jury desired further instructions. As defendant objected to this request, however, it was denied. The second judge received the unqualified …

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