Harvard Law Review, Volume 27Harvard Law Review Pub. Association, 1914 - Electronic journals |
From inside the book
Results 1-5 of 99
Page vi
... declare statutes unconstitutional . 45-67 , 300- procedure : Action barred by limitation clause in statute . 84 creation Obligations ex delicto : and enforcement : Recogni- tion in admiralty of foreign rights accruing under laws ...
... declare statutes unconstitutional . 45-67 , 300- procedure : Action barred by limitation clause in statute . 84 creation Obligations ex delicto : and enforcement : Recogni- tion in admiralty of foreign rights accruing under laws ...
Page 15
... declared that in the exercise of all powers given for these objects it is supreme . It can , then , in affecting these objects , legitimately control all individuals or governments within the American territory . The constitution and ...
... declared that in the exercise of all powers given for these objects it is supreme . It can , then , in affecting these objects , legitimately control all individuals or governments within the American territory . The constitution and ...
Page 23
... declaration that commerce in that matter shall be free . Thus the absence of regulations as to in- terstate commerce ... declared with all possible emphasis that , from the beginning , the fact has always been recognized " that there is ...
... declaration that commerce in that matter shall be free . Thus the absence of regulations as to in- terstate commerce ... declared with all possible emphasis that , from the beginning , the fact has always been recognized " that there is ...
Page 31
... declare criminal ( mala prohibita ) . But , said the court , " it would be for Congress to determine what are within and what without the rule . " Our present inquiry , however , is not concerned with this phase . use of the mails ...
... declare criminal ( mala prohibita ) . But , said the court , " it would be for Congress to determine what are within and what without the rule . " Our present inquiry , however , is not concerned with this phase . use of the mails ...
Page 32
... declaration as to the limits to which Congress may go in its exercise of what , lacking a better phrase , we may call " indirect regulation under the postal power . " The court's opinion shows that in the classification of mail matter ...
... declaration as to the limits to which Congress may go in its exercise of what , lacking a better phrase , we may call " indirect regulation under the postal power . " The court's opinion shows that in the classification of mail matter ...
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Common terms and phrases
action apply authority Bank carrier chose in action claim claimant common law Congress consideration Constitution constructive trust contract contributory negligence corporation creditor damage debt debtor decision declared defendant defendant's doctrine domicil duty employer enforce England English equity exercise express fact federal fraud fund fundamental law garnishment HARV Harvard Law School held highest court House of Lords injury intent interest interstate commerce Interstate Commerce Act judgment judicial jurisdiction jurisdiction in rem jury justice land legislative legislature liability lien limits Lord mails manufacturer Mass ment N. Y. Supp negligence owner Parliament parties person plaintiff principal promise protection question railroad reason regulation resulting trust rule seems statute Statute of Frauds supra Supreme Court theory tion tort trade mark unilateral contracts United valid warranty Western Union workmen wrongdoer
Popular passages
Page 41 - If, therefore, a statute purporting to have been enacted to protect the public health, the public morals, or the public safety has no roal or substantial relation to those objects, or is a palpable invasion of rights secured by the fundamental law, it is the duty of the courts to so adjudge, and thereby give effect to the constitution.
Page 326 - It may be put forth in aid of what is sanctioned by usage, or held by the prevailing morality or strong and preponderant opinion to be greatly and immediately necessary to the public welfare.
Page 17 - They form a portion of that immense mass of legislation, which embraces everything within the territory of a state, not surrendered to the general government ; all which can be most advantageously exercised by the states themselves.
Page 211 - The right of a person to sell his labor upon such terms as he deems proper is, in its essence, the same as the right of the purchaser of labor to prescribe the conditions upon which he will accept such labor from the person offering to sell it.
Page 534 - A valuable consideration, in the sense of the law, may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered, or undertaken by the other.
Page 237 - It may well be doubted whether the nature of society and of government does not prescribe some limits to the legislative power; and if any be prescribed, where are they to be found, if the property of an individual, fairly and honestly acquired, may be seized without compensation?
Page 433 - ... in order to ascertain that value, the original cost of construction, the amount expended in permanent improvements, the amount and market value of its bonds and stock, the present as compared with the original cost of construction, the probable earning capacity of the property under particular rates prescribed by statute, and the sum required to meet operating expenses, are all matters for consideration and are to be given such weight as may be just and right in each case.
Page 321 - The exercise of the right of eminent domain shall never be abridged, or so construed as to prevent the General Assembly from taking the property and franchises of incorporated companies, and subjecting them to public use, the same as the property of individuals; and the exercise of the police power of the State shall never be abridged or so construed as to permit corporations to conduct their business in such manner as to infringe the equal rights of individuals or the general well-being of the State.
Page 359 - does not include any person employed otherwise than by way of manual labour whose remuneration exceeds two hundred and fifty pounds a year, or a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business...
Page 590 - The several states are of equal dignity and authority, and the independence of one implies the exclusion of power from all others. And so it is laid down by jurists, as an elementary principle, that the laws of one state have no operation outside...