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Articles 691 - 706 of 706
Full-Text Articles in Constitutional Law
Due Process Of Law In State Labor Legislation, Pt. 3, Fowler V. Harper
Due Process Of Law In State Labor Legislation, Pt. 3, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Natural Law In American Constitutional Theory, Fowler Vincent Harper
Natural Law In American Constitutional Theory, Fowler Vincent Harper
Michigan Law Review
Natural law has had many meanings and diversified interpretations. Whether in the form of jus naturale, the law of nature, the law of reason, lex naturalis, lex aeterna, natural justice, or due process of law; natural law, in the broadest sense, has evolved as the needs of a particular civilization and the endeavors of its legal scholars have directed. It is significant, however, that as a philosophy of law, natural law continues to thrive, although the particular system which one community constructs may be abandoned by succeeding generations. Periods of growth in the law have been frequently accompanied …
Natural Law In American Constitutional Theory, Fowler V. Harper
Natural Law In American Constitutional Theory, Fowler V. Harper
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.
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 …
Conflict Of Laws Rules As Constitutional Limitations
Conflict Of Laws Rules As Constitutional Limitations
Michigan Law Review
With the constant growth of the United States as a commercial nation, it has been inevitable that state lines should figure in business transactions to an ever diminishing extent. Business relations, keeping pace with the rapid development of modem means of transportation, have increasingly assumed an interstate aspect. With this extension of commercial dealings, the question of the legal rights of the parties so engaged has frequently arisen. Diversity of local rules of law has led to much litigation and disagreement. Differences in local rules might be overcome through the services of competent commercial lawyers, and contracts might then be …
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". …
Constitutional Law-Interstate Commerce-The Transportation Act Of 1920
Constitutional Law-Interstate Commerce-The Transportation Act Of 1920
Michigan Law Review
Contemporaneous comments on Supreme Court decisions involving the "due process" clause too often resolve themselves into mere "debates" as to the wisdom of the particular legislation in question, either from the standpoint of the ultimate object to be accomplished or the methods adopted for its accomplishment. Strongest adherents of our unique system of judicial review must admit that, after all, the duty of the Supreme Court consists primarily in determining whether or not the legislation before it is valid, not whether it is, or is not, a politic enactment.
Real Property-Alienation-Limitation
Real Property-Alienation-Limitation
Michigan Law Review
In the field of property as in that of personal rights (including contract) we still encounter occasionally the specter of certain supposedly absolute rights. The courts have had to declare often enough that the owner's rights of use are limited by the like rights of other owners, by considerations of public policy, public convenience, etc.; it is not so often that a court deals explicitly with the limitations upon an owner's power of disposing and leasing his property. In Terrace v. Thompson, recently decided by the United States Supreme Court (Nov. 12, 1923) it was urged by a United …
Constitutional Law--"Liberty" Under Fourteenth Amendment--Validity Of Foreign Languages Statutes
Constitutional Law--"Liberty" Under Fourteenth Amendment--Validity Of Foreign Languages Statutes
Michigan Law Review
Nine states during the months immediately following the conclusion of the World War passed statutes in substantially the same language, forbidding the teaching of any modem language except English to children below the eighth grade in any school, private or public. Ohio also passed a law applying only to the German language. Teachers in Nebraska, Iowa, and Ohio were convicted during 1920 and 1921 of violating these statutes and, after the supreme courts of the various states had held them valid, their cases were combined in an appeal to the United States Supreme Court. Held, the statutes deprived appellants …
Compulsory Construction Of New Lines Of Railroad, Kenneth F. Burgess
Compulsory Construction Of New Lines Of Railroad, Kenneth F. Burgess
Michigan Law Review
In the half century of public regulation of railroads in the United States, regulatory legislation has dealt primarily with functions incident to the operation of existing enterprises. The basic concept has been that railroad corporations as common carriers have voluntarily assumed obligations to the public which the public has a right to require to be performed.
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 …
Due Process And Punishment, Clarence E. Laylin, Alonzo H. Tuttle
Due Process And Punishment, Clarence E. Laylin, Alonzo H. Tuttle
Michigan Law Review
To threaten such a man with punishment," wrote Sir James .LFitzjames Stephen,' "is like threatening to punish a man for not lifting a weight which he cannot move."
Note And Comment, Edgar N. Durfee, Cyril E. Bailey, Edwin B. Stason, William C. O'Keefe, Clyde Y. Morris
Note And Comment, Edgar N. Durfee, Cyril E. Bailey, Edwin B. Stason, William C. O'Keefe, Clyde Y. Morris
Michigan Law Review
The Basis of Relief from Penalties and Forfeitures - The equitable principle of relief from penalties and forfeitures is so far elementary as almost to defy analysis. Many, perhaps most, of the judicial explanations of the principle have based it upon interpretation or construction, appealing to the doctrine that equity regards intent rather than form. Yet a logical application of this doctrine would lead to results very different from those which have actually been arrived at in the decisions. Thus, a stipulation in a mortgage that the mortgagor waives his equity of redemption can hardly be interpreted as meaning that …
Due Process Of Law In Procedure, Edson R. Sunderland
Due Process Of Law In Procedure, Edson R. Sunderland
Articles
There are two classes of cases which may arise under the "due process" provisions of the 5th and 14th Amendments of the United States Constitution, so far as rules of procedure are concerned. One embraces cases of new remedial processes which may be criticized as too radical. The other consists of cases of old processes which may be criticized as obsolete and out of harmony with prevailing conceptions of justice. Due process may thus be said to fill the wide space between those innovations which carry us so far away from established methods as to remove the safeguards which are …