Legislation Commons^™

Constitutional Law - State Action - Trade Union's Authority Is Not Derived From The State, S. I. Shuman S.Ed.

Michigan Law Review

Plaintiffs claimed that defendant union and defendant company conspired to discriminate against Negro cab driver employees by means of a working regulation intended to compel plaintiffs to pick up passengers only in wards inhabited primarily by Negroes. Two bases for original jurisdiction in federal court were advanced. First, it was contended that the cause of action involved more than $3,000 and arose under the laws of the United States because the bargaining power of the union was conferred upon it by the National Labor Relations Act. Second, it was maintained that the Civil Rights Act vested jurisdiction, on the ground …

Constitutional Law - Congressional Powers - Validity Of The 1951 Gamblers' Occupation Tax Act, James W. Callison S.Ed.

Michigan Law Review

The Revenue Act of 1951 levied a tax on persons engaged in the business of accepting wagers, requiring such persons to register their names and places of business and residence with the Collector of Internal Revenue. The act also required the disclosure of the name and address of each person receiving wagers for the registrant, or, if the registrant himself received wagers for another, the name of that person. Violations of the act were punishable by fine and imprisonment. Defendant was indicted for willful failure to register and pay the tax. The district court granted defendant's motion to dismiss on …

Constitutional Law-Due Process-Vague And Indefinite Statute, S. I. Shuman

Michigan Law Review

The Food, Drug, and Cosmetic Act by section 301(f) prohibits a factory operator from refusing to permit entry and inspection as provided by section 704. Violation of section 301(f) is made a misdemeanor by section 303(a). Section 704 authorizes persons "duly designated by the Administrator, after first making request and obtaining permission of the . . . operator" of the factory, "to enter" and "to inspect" at "reasonable times." Defendant was convicted by the district court for violating section 301(f), having refused permission to authorized persons to enter and inspect at a reasonable time. The court of appeals reversed, on …

Constitutional Law-Relation Between State And Federal Governments, J. David Voss

Michigan Law Review

Plaintiffs, employees of a United States Naval Ordnance Plant located in an area of exclusive federal jurisdiction within the State of Kentucky, sued in a state court for a declaratory judgment that a license tax on the privilege of working in the City of Louisville, measured by a percentage of all salaries, wages and commissions earned within the city, was not applicable to them. Defendants' demurrer was overruled, and the collection of the tax enjoined. The Kentucky Court of Appeals reversed, and judgment was entered for the defendants. The court of appeals affirmed. On appeal to the United States Supreme …

Legislation-Invalidity Of Statutes Framed In Vague Terms, Richard W, Pogue S.Ed

Michigan Law Review

Defendant, president of a corporation which processes apples for shipment in interstate commerce, was convicted of violating §301(f) of the Food, Drug, and Cosmetic Act. That section prohibits "the refusal to permit entry oi inspection as authorized by section 704"; section 704 authorizes federal officers, "after first making request and obtaining permission of the owner, operator or custodian" of the factory "to enter" and "to inspect" the establishment "at reasonable times." Federal authorities requested permission to enter and inspect defendant's factory at reasonable hours, but permission was refused. This refusal was the basis of the conviction. The Court of Appeals …

Constitutional Law-Civil Rights-Discharge Of Teachers For Subversive Activity, William H. Bates

Michigan Law Review

An action was brought seeking a declaratory judgment as to the constitutionality of New York's Feinberg law. The statute provided that the Board of Regents of the University of the State of New York should list organizations found to be subversive. Membership in such organizations was made prima facie disqualification for the position of public school teacher. At the time of suit the Board of Regents had made no listing of subversive groups nor had any teacher been discharged under the provisions of this enactment. The supreme court of New York, special term, held the law unconstitutional; the appellate division …

The Legislative Status Of An Unconstitutional Statute, Earl T. Crawford

Michigan Law Review

Once a statute has been found to violate some constitutional provision, a legislature is faced with a difficult problem of how to change the statute so as to effect the desired policy and still not violate constitutional principles. The general nature of this problem is suggested by such inquiries as these: Will the subsequent overruling of a previous judicial decision declaring a statute unconstitutional require any legislative action to put the statute into effect? Can a statute, which has been held violative of the constitution, be amended by corrective or curative legislation without complete re-enactment if the statute as amended …

Book Reviews, Frank E. Horack Jr., Nathaniel L. Nathanson, Max Radin, Robert L. Taylor, Roy R. Ray, Robert H. Wettach, David R. Deener, Monrad G. Paulsen, Austin W. Scott

Journal of Legal Education

No abstract provided.

Federal Civil Rights Legislation And The Constitution, Frank K. Sloan

South Carolina Law Review

No abstract provided.

Compulsory Licensing By Judicial Action: A Remedy For Misuse Of Patents, Neal Seegert

Michigan Law Review

Having viewed the fundamental problems, it is pertinent to outline some of the alleged abuses of the American patent system as it operates in our modern business and industrial economy and to canvass some of the proposed remedies. First are abuses that might be termed attempts to extend the duration of the patent monopoly. These stem mainly from the procedural aspects of the patent laws. Foremost among them is the problem of long pendency of applications, particularly the dilatory tactics that are possible under the law, which postpone issuance of the patent, thus extending the time duration of the patent …

Workmen's Compensation Acts-Amendments Changing Period For Additional Compensation Due To Aggravation Of Injury, W. Stirling Maxwell S. Ed.

Michigan Law Review

The typical workmen's compensation act provides both for an award to compensate the employee for his original injury and for subsequent awards to compensate him for aggravation of the injury occurring after the original award. The time during which the original award may be opened to allow additional compensation for subsequent aggravation may not be expressly limited, or opening may be limited to a stated time after the original injury or the last payment of the original award. By amendment, the legislature may either lengthen or shorten this period for opening. Whether such amendment applies to a claim for compensation …

The Presidential Succession Act Of I947, Ruth C. Silva

Michigan Law Review

The Constitution of the United States empowers the Congress to designate what officer shall act as President in case of the death, resignation, removal, or inability of both the President and Vice President. Recently the Eightieth Congress passed a statute under this grant of power. Although the new succession act is frequently alleged to be unconstitutional, it is similar to the first succession law enacted by the Second Congress, which contained many of the men who framed the Constitution and voted for its ratification. The law of 1792 provided that the President pro tempore of the Senate or, if the …

Coigne: Statute Making, Michigan Law Review

Michigan Law Review

A Review of STATUTE MAKING. By Armand B. Coigne.

Constitutional Law - Anti-Lynching Legislation, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.

Leon V. Acting District Commissioner Of Tel-Aviv (Yehoshua Gobernik), Moshe Smoira, Yitzhak Olshan, Simha Assaf

Translated Opinions

The Law and Administration Ordinance 1948, provides that the law which existed in Palestine on May 14, 1948, "shall remain in force... subject to such modifications as may result from the establishment of the State and its authorities".

The Acting District Commissioner of Tel Aviv, as the competent authority under the Defence Regulations of 1939, made pursuant to the (English) Emergency Powers (Defence) Act 1939, requisitioned a flat situated at no. 3, Chen Boulevard, Tel Aviv, by order dated 6 September 1948. The requisition was for the benefit of the Attorney-General who, previously to his then recent appointment to that …

Void For Vagueness: An Escape From Statutory Interpretation

Indiana Law Journal

Constitutional Law Note

Vested Rights And The Portal-To-Portal Act, Ray A. Brown

Michigan Law Review

The Portal-to-Portal Act of 1947 attempts, by new and retroactive definitions of what constitutes working time of an employee under the Fair Labor Standards Act of 1938, to deprive employees of claims under that earlier act, to which the Supreme Court of the United States has held they were entitled. This article will discuss whether this can be done under the due process clause of the Fifth Amendment.

Consideration Of Facts In Due Process Cases

Indiana Law Journal

Constitutional Law Note

State Regulation Of Interstate Pipelines-Natural Gas Act

Indiana Law Journal

Constitutional Law Note

Legislative Abolition Of Remedies

Indiana Law Journal

Notes and Comments: Constitutional Law

Congressional Silence: A Tool Of Judicial Supremacy, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

Constitutional Law--Impairment Of Obligation Of Contract--Mortgage Moratorium--Determination Of The Existence Of An Emergency, George Brody

Michigan Law Review

In 1943 the New York State Legislature extended its moratorium legislation for another year, thereby continuing the suspension of mortgage foreclosure proceedings on real property due to default in payments on principal. The legislature declared that an emergency still existed and therefore the continuance of legislative action, first taken in 1933, was justified. The law made payment of interest, taxes, insurance and amortization charges a prerequisite to suspension of foreclosure. Appellant brought an action to foreclose a mortgage on appellee's property for the non-payment of principal, contending that the suspension of foreclosure proceedings resulted in an impairment of the obligation …

Constitutional Liberties And Statutory Construction, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

List Of Indiana Statutes (1816-1935) Held Unconstitutional

Indiana Law Journal

No abstract provided.

Unconstitutional Legislation In Indiana, Oliver P. Field

Indiana Law Journal

Includes "an extensive appendix" listing all the Indiana Statutes (1916-1935) Held Unconstitutional, p.115-127.

Constitutional Implications Of The Opp Cotton Mills Case With Respect To Procedure And Judicial Review In Administrative Rule-Making, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Constitutional Law-Conditional Legislation-Delegation To Judiciary Magistrates Court Act

Indiana Law Journal

Recent Case Notes

Constitutional Law - Delegation Of Legislative Power - Agricultural Marketing Agreement Act, Edward S. Biggar

Michigan Law Review

The declared policy of the Agricultural Marketing Agreement Act of 1937 was to raise the purchasing power of agricultural commodities and, at the same time, to protect the interest of the consumer. The Secretary of Agriculture was empowered to issue orders which, in his belief, based upon a consideration of evidence introduced at a public hearing, would tend to effectuate this policy. Certain minimum requirements as to the provisions of the orders were imposed. For any order to be effective, it must have been approved by a proportion of the producers of the commodity concerned. Pursuant to the provisions of …

Constitutional Law - Schools And School Districts - Teachers' Tenure Legislation, Bertram H. Lebeis

Michigan Law Review

Although the question of security of employment for public school teachers was discussed as far back as the year 1885, when tenure was interpreted to mean the application of civil service principles to the teaching profession, the organized teacher tenure movement is of comparatively recent origin. From within the profession itself impetus was given to the movement by continuous campaigns carried on by local, state and national teachers' associations. From without, the growth of the movement was facilitated by a wider recognition of the evils attendant upon the unlimited power of school boards to "hire and fire" their employees at …

"Extra Time For Overtime" Now Law, Frank E. Cooper

Michigan Law Review

The Fair Labor Standards Act of 1938 presents a great many legal and practical problems of importance commensurate with the comprehensiveness of the act itself, which is probably the most far-reaching of the New Deal statutes since the N. R. A. The act is conceived on the theory that any physical handling of goods destined to be subsequently shipped to another state is an act so closely and substantially related to the flow of interstate commerce as to be subject to Congressional regulation, and thus depends for its validity upon an extension of the theories approved in the Wagner Act …