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Articles 15421 - 15450 of 16296

Full-Text Articles in Courts

We Will Hear More On The Supreme Court, George C. Anderson Feb 1938

We Will Hear More On The Supreme Court, George C. Anderson

Tennessee Law Review

No abstract provided.


Requirements For Admission To The Bar In Revolutionary America, W. Raymond Blackard Feb 1938

Requirements For Admission To The Bar In Revolutionary America, W. Raymond Blackard

Tennessee Law Review

No abstract provided.


Merit Rating Under The Tennessee Unemployment Compensation Act, Cyril J. Smith Feb 1938

Merit Rating Under The Tennessee Unemployment Compensation Act, Cyril J. Smith

Tennessee Law Review

No abstract provided.


Student Case Notes Feb 1938

Student Case Notes

Tennessee Law Review

No abstract provided.


Book Reviews Feb 1938

Book Reviews

Tennessee Law Review

No abstract provided.


Bar Association Section Feb 1938

Bar Association Section

Tennessee Law Review

No abstract provided.


The Development Of The Tennessee Valley Authority Act, C. Herman Pritchett Feb 1938

The Development Of The Tennessee Valley Authority Act, C. Herman Pritchett

Tennessee Law Review

No abstract provided.


Administrative Tribunals-Organization And Reorganization, E. Blythe Stason Feb 1938

Administrative Tribunals-Organization And Reorganization, E. Blythe Stason

Michigan Law Review

No doubt overhauling is needed. However, a consistent and rational theory for the integration of the independent agencies with the remainder of the governmental structure is a condition precedent to an intelligent overhauling. This article constitutes a groping for such a theory. First, I shall discuss some of the more significant attacks which have been made in recent years upon modern administrative organization. Then, the reasons for these attacks will be examined and appraised, for they reveal certain pathological conditions which need excision. Finally, and with all due deference to the other remedies that have been suggested, I shall venture …


Federal Courts - Procedure For Determining Jurisdiction Ab Facto - Burden Of Pleading And Proof, Richard B. Maxwell Feb 1938

Federal Courts - Procedure For Determining Jurisdiction Ab Facto - Burden Of Pleading And Proof, Richard B. Maxwell

Michigan Law Review

Since the beginning of our government it has been recognized that the federal courts are courts of limited jurisdiction. At an early date it was decided that because of this the plaintiff must state in his complaint the facts upon which the jurisdiction depended. The reason given in support of this rule, which is still the unquestioned law, is that there is no presumption of jurisdiction in courts which have only limited jurisdiction, but it is presumed not to exist unless its existence be shown upon the record. When the plaintiff sustained his burden of pleading the jurisdictional facts, his …


Criminal Law-Effect Of Breach Of Duty By Ministerial Officer-Sentences Of State And Federal Courts Jan 1938

Criminal Law-Effect Of Breach Of Duty By Ministerial Officer-Sentences Of State And Federal Courts

Indiana Law Journal

No abstract provided.


The Part Of The United States Constitution Made By The Supreme Court, Hugh Evander Willis Jan 1938

The Part Of The United States Constitution Made By The Supreme Court, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.


Expansion Of Federal Supervision Of Securities Through The Inquisitional And Census Powers Of Congress-A Suggestion, Kenneth Rush Jan 1938

Expansion Of Federal Supervision Of Securities Through The Inquisitional And Census Powers Of Congress-A Suggestion, Kenneth Rush

Michigan Law Review

The Securities Act and the Securities Exchange Act, principally through the means of compulsory disclosure of information, are intended to aid the investing public in evaluating securities and to prevent the undue influencing of their value, market price and sale. These ends are undoubtedly worth seeking in their entirety, but such is the nature of our federal system that the acts, being founded upon the powers of Congress over the facilities of interstate commerce and of the mails, purport to relate only to transactions in securities involving use of those facilities.


Judgments - Default Judgments Rendered Without Jurisdiction - Validating Effect Of A Subsequent General Appearance, Richard B. Maxwell Jan 1938

Judgments - Default Judgments Rendered Without Jurisdiction - Validating Effect Of A Subsequent General Appearance, Richard B. Maxwell

Michigan Law Review

The effect of a general appearance by the defendant following a default judgment rendered without jurisdiction over the person of the defendant has been again raised by the recent Wisconsin case of Schwantz v. Morris. In this case the original judgment was invalid for lack of jurisdiction over the defendants, but the Supreme Court of Wisconsin held, that by joining non-jurisdictional grounds with jurisdictional grounds in a motion to set the judgment aside, the defendants had waived any defects in or objections to the jurisdiction of the court and that this waiver related back to the time of the …


Judgments - Declaratory Judgments - Scope Of The Federal Act, Michigan Law Review Jan 1938

Judgments - Declaratory Judgments - Scope Of The Federal Act, Michigan Law Review

Michigan Law Review

After the insured had made formal claims for total disability benefits for four years without bringing action to enforce them, the insurer, having at all times denied the total disability of the insured, brought suit in a federal district court for a declaration that it was not liable for the benefits claimed and that the policies had lapsed for non-payment of premiums. The district court granted a motion to dismiss because the insurer failed to present a "controversy" within the Federal Constitution and the Declaratory Judgments Act and because the insurer had no "rights or other legal relations" to be …


The Logan Bill, Gregory Hankin Jan 1938

The Logan Bill, Gregory Hankin

Kentucky Law Journal

No abstract provided.


Proposed Rule Requiring Appellant In All Briefs Filed In The Supreme Court To Make On The First Page Of The Brief A "Statement Of Questions Involved", Alfred J. Schweppe Jan 1938

Proposed Rule Requiring Appellant In All Briefs Filed In The Supreme Court To Make On The First Page Of The Brief A "Statement Of Questions Involved", Alfred J. Schweppe

Washington Law Review

With a view to facilitating the most adequate and detailed consideration, in the State Supreme Court, of each case from the standpoint of the litigants, their counsel, and the public, the Judicial Council has under consideration a proposal to recommend to the State Supreme Court a rule of appellate practice requiring the appellant at the very commencement of his brief to make a "statement of questions involved." This practice has been found in the State of Pennsylvania to give most excellent results. It has been referred to in numerous cases. In order to show how this practice actually works, there …


The Development And Evaluation Of Judicial Review [Part 1], C. Perry Patterson Jan 1938

The Development And Evaluation Of Judicial Review [Part 1], C. Perry Patterson

Washington Law Review

The doctrine of judicial review is as much a principle of the Constitution as the principle of federalism or the doctrine of separation of powers and checks and balances. It is a far more definite power than the powers of Congress or those of the President. It should be remembered that the Constitution nowhere mentions federalism, separation of powers, checks and balances, national supremacy or concurrent powers, taxation for only a public purpose, business affected with a public interest is subject to regulation, contracts involving governmental powers are null and void, neither the national government nor the states can tax …


Politics And Judicial Administration, Maurice E. Crites Dec 1937

Politics And Judicial Administration, Maurice E. Crites

Indiana Law Journal

No abstract provided.


Superior Court Judges Promulgate New Rules, Anon Nov 1937

Superior Court Judges Promulgate New Rules, Anon

Washington Law Review

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 Nov 1937

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 …


Student Case Notes Jun 1937

Student Case Notes

Tennessee Law Review

No abstract provided.


Constitutionality Of The Fee System Of Justices Of The Peace, Hugh C. Simpson Jun 1937

Constitutionality Of The Fee System Of Justices Of The Peace, Hugh C. Simpson

Tennessee Law Review

No abstract provided.


Who Shall Study Law?, Leon Green Jun 1937

Who Shall Study Law?, Leon Green

Tennessee Law Review

No abstract provided.


Divorces In Tennessee, Harold C. Warner Jun 1937

Divorces In Tennessee, Harold C. Warner

Tennessee Law Review

No abstract provided.


Bar Association Section Jun 1937

Bar Association Section

Tennessee Law Review

No abstract provided.


Book Reviews Jun 1937

Book Reviews

Tennessee Law Review

No abstract provided.


The President's Plan: A Defense Of The Middle Way, Leon Jourolmon, Albert Williams Jun 1937

The President's Plan: A Defense Of The Middle Way, Leon Jourolmon, Albert Williams

Tennessee Law Review

No abstract provided.


Constitutional Law- Right To Jury Trial - Petty Statutory Offenses, James H. Roberton Jun 1937

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 …


Courts Rule - Making Power, Peter S. Boter Jun 1937

Courts Rule - Making Power, Peter S. Boter

Michigan Law Review

A statute of the State of New Mexico delegated to the supreme court of the state the power to promulgate rules regulating pleading, practice, and procedure in judicial proceedings for the purpose of simplifying the same and for the promotion of the speedy determination of litigation upon the merits. The act further provides that all statutes relating to pleading and practice now in force shall have effect only as rules of court and remain in effect as such unless modified or suspended by rules promulgated pursuant to this Act. Held, that the rule-making power can constitutionally be delegated to …


Patent Clauses In Sales Contracts, Robert E. Sadtler Apr 1937

Patent Clauses In Sales Contracts, Robert E. Sadtler

Tennessee Law Review

No abstract provided.