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Articles 2521 - 2550 of 2718

Full-Text Articles in State and Local Government Law

Constitutional Law-Interstate Commerce-Congressional Consent To Discriminatory State Taxation, George Brody S.Ed. Jan 1947

Constitutional Law-Interstate Commerce-Congressional Consent To Discriminatory State Taxation, George Brody S.Ed.

Michigan Law Review

South Carolina statutes imposed upon foreign insurance companies a tax of 3 per cent of the aggregate premiums received from business done within the state, without reference to its interstate or local character, as a condition to receiving a certificate of authority to do business within the state. No similar tax was imposed upon domestic insurance companies. The Prudential Life Insurance Company, a New Jersey corporation doing business in South Carolina, refused to pay, contending that since it was a discriminatory tax it was unconstitutional. Furthermore, Prudential challenged the power of Congress to consent to the levying of such discriminatory …

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Constitutional Law-Interstate Commerce-State Regulation Of Insurance, Eugene H. Lattin Jan 1947

Constitutional Law-Interstate Commerce-State Regulation Of Insurance, Eugene H. Lattin

Michigan Law Review

The California Insurance Code forbids a person to act as agent for an insurance company until a license is obtained from the commissioner, and forbids acting as agent for any non-admitted insurer in the transaction of insurance business in the state. Summarily stated, the provisions for the admission of insurance companies forbid either foreign or domestic companies to do a life insurance business in California other than on a legal reserve basis, thereby excluding the company represented by appellant as its agent. Appellant was convicted for violations of both provisions of the law. He contended that these sections, as applied …

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Constitutional Law-Protection Of Civil Liberties-Federal Criminal Prosecution Of State Police Officers-Constitutionality And Construction Of Section 20 Of Criminal Code, George Brody Apr 1946

Constitutional Law-Protection Of Civil Liberties-Federal Criminal Prosecution Of State Police Officers-Constitutionality And Construction Of Section 20 Of Criminal Code, George Brody

Michigan Law Review

In United States v. Classic the Civil Liberties Unit of the Department of Justice resurrected the long dormant section 20 of the United States criminal code to prosecute successfully election officials in Louisiana for altering and falsely counting ballots cast in a Louisiana primary for representatives to Congress. Although the acts of the defendants were also in violation of state law the court asserted that "misuse of power possessed by virtue of state law and made possible only because the wrongdoer is clothed with authority of state law, is action taken under color of state law" and therefore within the …

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Constitutional Law-Intergovernmental Immunities-Federal Tax On State Function, Joseph N. Morency, Jr. Apr 1946

Constitutional Law-Intergovernmental Immunities-Federal Tax On State Function, Joseph N. Morency, Jr.

Michigan Law Review

In 1911 the State of New York began to acquire title to all of the lands in the Saratoga Springs area with a view to halting excessive pumping of the mineral waters for which the springs are famous. As a result of state ownership the area became a state reservation which, in 1930, was placed under control of, the Saratoga Springs Commission. A hotel-sanitarium, recreational facilities, bath houses, drink halls, a research laboratory as well as state operation of the springs were part of a state program under legislative authority. During the period from 1932 to 1934, sales of the …

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Apportionment Of Representation In The Legislature: A Study Of State Constitutions, Elizabeth Durfee Jun 1945

Apportionment Of Representation In The Legislature: A Study Of State Constitutions, Elizabeth Durfee

Michigan Law Review

This paper is concerned with the rules found in our state constitutions for apportionment of representation in the state legislature. It does not attempt to solve the problems of high-tension politics that are involved in the making and remaking of such rules; it goes no deeper than an exposition of existing rules. Even on this level it is not exhaustive. Since the constitutions exhibit manifold variations, from simple directions which are scarcely more than a declaration of policy to complex rules for the formation of districts, no attempt will be made to classify all the different types of provisions. With …

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Constitutional Law-Freedom Of Speech For Labor Organizers-Registration Requirement Invalid, Francis Powers Jun 1945

Constitutional Law-Freedom Of Speech For Labor Organizers-Registration Requirement Invalid, Francis Powers

Michigan Law Review

Collins v. Thomas decided by the Supreme Court in January is a decision of great practical importance in that it falls at a point where three recently developed constitutional doctrines enmesh or intersect with one another. The case makes it necessary that the Court integrate these doctrines and distinguish the areas in which they are respectively applicable.

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Constitutional Law, Limitation Of State Employers' Salaries By Section 246 Of The Kentucky Constitution, William H. Fulton Jr. Jan 1945

Constitutional Law, Limitation Of State Employers' Salaries By Section 246 Of The Kentucky Constitution, William H. Fulton Jr.

Kentucky Law Journal

No abstract provided.

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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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Constitutionality Of Parking Meter Ordinance Jul 1943

Constitutionality Of Parking Meter Ordinance

Indiana Law Journal

Notes and Comments: Municipal Corporations

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Constitutionality Of The Act Permitting State Departments And Agencies To Employ Attorneys, Robert M. Spragens Jan 1943

Constitutionality Of The Act Permitting State Departments And Agencies To Employ Attorneys, Robert M. Spragens

Kentucky Law Journal

No abstract provided.

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States--Constitutional Limitations--Loan Of Credit, L. E. B. Dec 1942

States--Constitutional Limitations--Loan Of Credit, L. E. B.

West Virginia Law Review

No abstract provided.

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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 - 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 - 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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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 - Commerce Clause - Labor Law - Power Of State To Enjoin Unfair Labor Practices Of Employees In Industries Engaged In Interstate Commerce, Michigan Law Review May 1941

Constitutional Law - Commerce Clause - Labor Law - Power Of State To Enjoin Unfair Labor Practices Of Employees In Industries Engaged In Interstate Commerce, Michigan Law Review

Michigan Law Review

The appellant (defendant in the case below) and certain of its members were found guilty of unfair labor practices as defined by the Wisconsin Employment Relations Act. Plaintiff-appellee issued a cease and desist order, which was sustained by the lower court despite defendant's contention that the statute was unconstitutional on the ground that Congress had precluded such state legislation affecting interstate industries by enacting the National Labor Relations Act. Held, plaintiff's order sustained. State legislation not repugnant to the Wagner Act is operative in this field so long as the National Labor Relations Board has not acted in the …

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"Lease And Option" Device For Avoiding Constitutional Limitations On The Indebtedness Of School Districts In Kentucky, John C. Lovett Jan 1941

"Lease And Option" Device For Avoiding Constitutional Limitations On The Indebtedness Of School Districts In Kentucky, John C. Lovett

Kentucky Law Journal

No abstract provided.

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Constitutional Law- Eminent Domain - Power Of State To Condemn Land For Low-Cost Housing And Transfer To The United States, Oscar Freedenberg Jan 1941

Constitutional Law- Eminent Domain - Power Of State To Condemn Land For Low-Cost Housing And Transfer To The United States, Oscar Freedenberg

Michigan Law Review

Public low-cost housing legislation on a national scale in this country began with title II, section 202 of the National Industrial Recovery Act of 1933, which authorized the administrator to embark upon a program for "construction, reconstruction, alteration, or repair under public regulation or control of low-cost housing and slum-clearance projects." But soon thereafter, in United States v. Certain Lands in the City of Louisville, a majority of the United States Circuit Court of Appeals for the Sixth Circuit decided that the N.I.R.A. was unconstitutional so far as it attempted to authorize the condemnation of land by the United …

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Constitutionality Of Kentucky Statute Section 2635: Appliances For The Prevention Of Venereal Diseases, B. H. Henard Jan 1941

Constitutionality Of Kentucky Statute Section 2635: Appliances For The Prevention Of Venereal Diseases, B. H. Henard

Kentucky Law Journal

No abstract provided.

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Constitutional Law - Labor Law - Peaceful Picketing Guaranteed By Due Process Clause Of Fourteenth Amendment, Eugene T. Kinder Nov 1940

Constitutional Law - Labor Law - Peaceful Picketing Guaranteed By Due Process Clause Of Fourteenth Amendment, Eugene T. Kinder

Michigan Law Review

In the recent Thornhill and Carlson decisions the Supreme Court of the United States declared an Alabama statute and a California county ordinance prohibiting all picketing, peaceful or otherwise, unconstitutional on the ground that such broad legislation deprived employees and union members of their right of free speech, guaranteed by the due process clause of the Fourteenth Amendment to the Constitution of the United States. In holding that employees and workers have a constitutional right to publicize the facts of a labor dispute, the Court was but taking another step in its recent crusade for the preservation of civil liberties. …

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Constitutional Law - Interstate Commerce - Validity Of Ordinance Requiring Drummer's License, Michigan Law Review Jun 1940

Constitutional Law - Interstate Commerce - Validity Of Ordinance Requiring Drummer's License, Michigan Law Review

Michigan Law Review

Defendant, a door-to-door salesman, solicited orders in Minnesota for goods, which were later shipped from his employer's factory in Wisconsin to his house in Minnesota. There he broke the original packages and filled his customers' orders by delivering the goods in a truck provided him by his employer. Defendant was convicted of violating a municipal ordinance requiring a license of all door-to-door canvassers. Held, the ordinance was unconstitutional as an unreasonable burden on interstate commerce, and the conviction should be set aside. City of Waseca v. Braun, (Minn. 1939) 288 N. W. 229.

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Constitutional Law - Equal Protection Of The Laws - Discrimination Against Transients Vending Purchased Produce, Michigan Law Review Feb 1940

Constitutional Law - Equal Protection Of The Laws - Discrimination Against Transients Vending Purchased Produce, Michigan Law Review

Michigan Law Review

A Minneapolis ordinance required transient dealers in farm produce to procure a license, but exempted farmers selling their own produce. The appellant was fined for selling butter without the necessary transient merchant license as provided by the ordinance. On appeal, appellant contended that the ordinance was unconstitutional because of class discrimination since (1) sellers in established places of business paid one type of fee while the transients paid another, and (2) farmers selling produce grown by themselves were exempt while other transients were required to pay a fee and furnish bond. Held, that the ordinance was unconstitutional because the …

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Process Service On Resident Agent Of Non-Resident: Is Sec. 51-6 Of The Kentucky Civil Code Constitutional?, J. Paul Curry Jan 1940

Process Service On Resident Agent Of Non-Resident: Is Sec. 51-6 Of The Kentucky Civil Code Constitutional?, J. Paul Curry

Kentucky Law Journal

No abstract provided.

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Constitutional Law--License Taxes--Classification, Marvin M. Tincher Jan 1940

Constitutional Law--License Taxes--Classification, Marvin M. Tincher

Kentucky Law Journal

No abstract provided.

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Prospective Overruling Of Constitutional Construction, Alan R. Vogeler Jan 1940

Prospective Overruling Of Constitutional Construction, Alan R. Vogeler

Kentucky Law Journal

No abstract provided.

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Constitutional Law- State Regulation Of Hours Of Labor - Police Power And Due Process, Michigan Law Review Dec 1939

Constitutional Law- State Regulation Of Hours Of Labor - Police Power And Due Process, Michigan Law Review

Michigan Law Review

A South Carolina statute prohibited labor of employees in enumerated manufacturing and mercantile establishments for more than fifty-six hours per week or more than twelve hours in any one day. Plaintiffs were druggists who brought suit to restrain the commissioner of labor from enforcing the statute. A temporary restraining order was issued and the commissioner of labor appealed. Held, the statute was unconstitutional as in violation of the due process and equal protection clauses in both state and federal constitutions. Gasque, Inc. v. Nates, (S. C. 1939) 2 S. E. (2d) 36.

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Constitutional Law - Discriminatory State Game Legislation - Constitutionality As To Non-Resident Landowner, Russel T. Walker Jun 1939

Constitutional Law - Discriminatory State Game Legislation - Constitutionality As To Non-Resident Landowner, Russel T. Walker

Michigan Law Review

A non-resident landowner and his assignee brought an action to enjoin enforcement of a Louisiana statute which denied them the right to secure licenses to trap furbearing animals or alligators on the former's land until they had resided in the state for not less than one year. Held, the statute, discriminating as it did against landowners purely on the basis of non-residence, was unconstitutional as a deprivation of property and a denial of equal protection of the law. Pavel v. Patterson, (D. C. La. 1938) 24F. Supp. 915.

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Constitutional Law - Validity Of Voting Machine In General Election - Constitutional Construction, Michigan Law Review Jun 1939

Constitutional Law - Validity Of Voting Machine In General Election - Constitutional Construction, Michigan Law Review

Michigan Law Review

Pursuant to statutory provisions the fiscal court of Jefferson County, Kentucky, appropriated $1,000 for renting voting machines to be used in the general election of 1938. The county on relation of its attorneys filed suit for a declaratory judgment on the constitutionality of the statute. The relators appealed from a judgment declaring the act valid. Held, the statute authorizing the use of voting machines in popular elections is a violation of section 147 of the Kentucky Constitution which provides for a "secret official ballot, furnished by public authority to the voters at the polls, and marked by each voter …

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The Judiciary Amendment, Leo Carlin Apr 1939

The Judiciary Amendment, Leo Carlin

West Virginia Law Review

The object of this commentary is twofold: first, to present to the public--particularly the legal public-a complete copy of the revision of Article VIII of the West Virginia Constitution dealing with courts and their personnel, as proposed by the Legislative Interim Committee and as finally approved, with amendments, by the Legislature; second, to call attention, as briefly as practicable, to the substantial changes which the redraft makes in the present Constitution.

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Constitutional Law - Twenty-First Amendment - Validity Of State Statute Discriminating Against Liquor Imports, Benjamin Guille Cox Apr 1939

Constitutional Law - Twenty-First Amendment - Validity Of State Statute Discriminating Against Liquor Imports, Benjamin Guille Cox

Michigan Law Review

A Michigan statute prohibited local dealers from selling beer manufactured in a state designated by the Michigan Liquor Control Commission, acting pursuant to statutory standards, as one which by its laws discriminated against Michigan-made beer. Because Indiana was one of ten states so designated, an Indiana brewing company filed a bill in the federal court to enjoin enforcement of the Michigan statute as unconstitutional under the interstate commerce, equal protection and due process clauses of the Federal Constitution. Held, that the bill should be dismissed, since the statute, even though discriminating among importers, was a valid enactment under the …

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