Harvard Law Review. May1887, Vol. 1 Issue 2, p73-97. 25p.
Subjects
MONEY, LEGAL tender, FINANCE, and BANK notes
Abstract
Examines the clauses of the Constitution relating to money. Description of the specifications of the power which is given to the Congress of the United States in the Constitution relating to money; Analysis of the clauses of the Constitution about the emission of bills and making paper a legal tender; Explanation of the power of Congress in making a paper currency.
Harvard Law Review. Nov1887, Vol. 1 Issue 4, p159-184. 26p.
Subjects
INTERNATIONAL trade, INTERSTATE commerce laws, JUDGES, and APPELLATE courts
Abstract
Examines how laws are distinguished on principle from regulations of foreign or interstate commerce within the exclusive power of the U.S. Congress. Cause of the hesitancy of the judges to lay down general principles upon the distinction between laws affecting foreign or interstate commerce; Controversies over the commercial power of Congress; Specifications of the case of Gibbons versus Ogden wherein the U.S. Supreme Court construed the clause in the Federal Constitution conferring power upon Congress to regulate commerce with foreign nations and among several states.
Harvard Law Review. Feb1889, Vol. 2 Issue 7, p293-315. 23p.
Subjects
COMMERCIAL law, CONSTITUTIONS, LAW, QUARANTINE -- Law & legislation, and PUBLIC health laws
Abstract
Discusses the limitations imposed by the U.S. Federal Constitution on the right of the states to enact quarantine laws. Regulations of commerce permissible to the states; Power of Congress to regulate commerce; Conflict of state supplementary laws with the regulation exercised by Congress; Bases upon which the quarantine laws are to be sustained
Harvard Law Review. Dec1890, Vol. 4 Issue 5, p221-233. 13p.
Subjects
POLICE power, ADMINISTRATIVE law, INTERSTATE commerce, PROHIBITION of alcohol, and LIQUORS
Abstract
The article focuses on the relation of the police power to inter-state commerce in the U.S. The majority of the Court there decided that a State law prohibiting the sale of intoxicating liquors, except for specified purposes, is void as to liquors imported from another State and sold by the importer in the original package. The most important power possessed by a government is the power to protect its citizens from danger, disease, and vice. This power can be called the police power, and not being delegated to Congress by the Constitution, is reserved to the States exclusively.
Harvard Law Review. Apr1893, Vol. 7 Issue 1, p16-23. 8p.
Subjects
GOVERNMENT corporations, JURISDICTION, CIRCUIT courts, CONSTITUTIONAL law, GOVERNMENT business enterprises, and REPEAL of legislation
Abstract
Argues that the United States Congress should abrogate federal jurisdiction over state corporations provided for in the Judiciary Act of Congress of March 3, 1887. Circuit Court cognizance of suits in favor of assignees, against corporations as parties, upon their obligations passing by delivery; Background on how the word corporation appeared in the Judiciary Act; Scope of the word citizen in a relevant clause of the Constitution; Opinion of Judge Joseph P. Bradley.
Harvard Law Review. Oct1893, Vol. 7 Issue 3, p183-188. 6p.
Subjects
ACTIONS & defenses (Law), COURTS, BROKERS, AMERICAN law, and LABOR unions
Abstract
The article presents information on recent court cases. In one of the case, a customer and a broker buying and selling stocks upon margins stand in the relation of pledger and pledgee and the fact that the broker has an implied right of repledging stocks does not change the relation. An Act of Congress, after continuing the laws then in force for the exclusion of Chinese from the United States, provides for the removal of Chinese not lawfully within this country, requiring that all Chinese laborers entitled to remain in the United States shall obtain certificates of residence from persons authorized by the act to give them, under penalty of removal on failure to do so within one year. In another case a plaintiff was a non-union man working for a clothing house under a contract by which he could be discharged at the end of any week, but he was told that he would be permanently employed. The local union labor organization informed his employers that unless plaintiff were discharged they would have to inform all labor organizations of the city that the house was a non-union one.
Examines the notion of monopoly under the Anti-Trust Act, passed by the United States Congress on July 2, 1890. Interpretation of the statute in the light of the common law; Definition of a monopoly; Engrossing; Results of leading decisions regarding monopoly; Indefinite increase of business; Fixing of arbitrary prices; Agreement not to trade with any one who trades with others than the convenantors.
Harvard Law Review. Mar1894, Vol. 7 Issue 8, p484-493. 10p.
Subjects
AMERICAN law, LAW schools, TRUSTS & trustees, REFERENDUM, LAWYERS, COURTS, NUISANCES, and LIBEL & slander
Abstract
Presents some notes on legal issues in the United States. Law school; Counsel and court; Referendum; Commercial power of Congress; Liquor saloon as a nuisance; Power to regulate commerce; Discretionary trust; Libel; Privacy.
Harvard Law Review. May1894, Vol. 8 Issue 2, p111-116. 6p.
Subjects
LAW, STATUTES, COMMERCIAL law, and CONSTITUTIONAL law
Abstract
Presents facts on several law issues in the U.S. and Great Britain. Acceptability of the provision of the Statute of Frauds in the English Sale of Goods Act of 1894; Doctrine of a case involving malicious interference with contract; Legality concerning the approval of a bill by a U.S. president after the adjournment of Congress.
The article reports on the constitutionality of the Sherman anti-trust act of 1890. The decision of the Supreme Court of the United States in the case of the Trans-Missouri Traffic Association for the first time authoritatively declares the intended scope of the provisions of the so called Anti-Trust Act of 1890. In view of such interpretation of the statute, it is now the legal presumption that it was the intention of Congress to prohibit and render criminal every contract in restraint of trade or commerce among the several States or with foreign nations.
Harvard Law Review. Mar1898, Vol. 11 Issue 8, p539-549. 11p.
Subjects
TRIALS (Law), ACTIONS & defenses (Law), TRIAL practice, LIFE sentences, and PRISON sentences
Abstract
This article presents information on several trials. It is informed that in the year 1894, Alfred Dreyfus, a captain in the French Artillery and attached to the general staff, was found guilty by a court-martial of furnishing secret information concerning French military affairs to a foreign power. In consequence he was degraded before the army and sent to a life imprisonment. It is further reported that the line between the permissible and the impermissible in State legislation affecting interstate commerce becomes at times vague and indistinct. The fundamental reason for this uncertainty lies in the difference of opinion among authorities as to the interpretation of that clause in the U.S. Constitution which gives to Congress the power to regulate commerce between States.
Harvard Law Review. Jan1899, Vol. 12 Issue 6, p393-416. 24p.
Subjects
CONSTITUTIONS, ACQUISITION of territory, POLITICAL systems, CONSTITUTIONAL history, and UNITED States politics & government
Abstract
This article discusses the constitutional questions related to the acquisition of island territory by, and power of government in, the U.S. One of the most important questions with which the convention that framed the constitution of the U.S. had to deal was that as to the disposition and government of the Western lands, with which the new nation was to be endowed. The Congress of the Confederation had undertaken to determine it for all time in 1784 and again in 1787. The article author views that the U.S. constitution has been made by civilized and educated people. It provides guaranties of personal security which seem ill adapted to the conditions of society that prevail in many parts of new possessions of the U.S.
Harvard Law Review. Dec1899, Vol. 13 Issue 4, p303-310. 8p.
Subjects
JURISDICTION, COURTS, COLLATERAL security, COMMERCIAL law, and CONSTITUTIONAL law
Abstract
The article discusses some new legal cases of the United States. In a suit to enforce a lien given by a State statute, for repairs to a vessel, held, that the transaction is maritime in its nature and the State courts have not jurisdiction. The Constitution of the United States, article 3, section 2, declares that " the judicial power shall extend to all cases in admiralty and maritime jurisdiction." An act of Congress provides that the district courts of the United States shall have-exclusive jurisdiction of such causes. Accordingly, the Supreme Court has since held that although the State legislatures may regulate the rights of material-men furnishing necessaries to vessels, so long as Congress does not interpose to regulate the subject, yet State law cannot take the contract out of the exclusive domain of admiralty jurisdiction.
Harvard Law Review. Jan1900, Vol. 13 Issue 5, p319-343. 25p.
Subjects
POLITICAL autonomy and PRESIDENTS
Abstract
The article focuses on the Doctrine of Declaration of Independence in the U.S. It says that the Declaration of Independence, rightly or not, has often been criticized as lacking in originality. The article author views that the two declarations, the one on bill of rights and the other of violations, which are printed in the Journals of Congress for 1774, were two years afterwards recapitulated in the Declaration of Independence, on the Fourth of July, 1776. The article author further says that except as a matter of historical, or biographical interest, it makes no difference whether the Declaration was a copy. He refers to a letter by U.S. President Thomas Jefferson to President James Madison saying that nothing can be more absurd than the cavil that the declaration contains known, and not new truths. The object was to assert, not to discover, truths, and to make them the basis of the Revolutionary act. The article also refers to Virginia Bill of Rights and its comparison with the Declaration of Independence.
Harvard Law Review. Apr1900, Vol. 13 Issue 8, p615-626. 12p.
Subjects
CONSTITUTIONAL law, CONTEMPT of court, CONDUCT of court proceedings, LEGAL etiquette, and COURTS
Abstract
The article focuses on the constitutional regulation of contempt of court. The courts of several states have realized that self-preservation demands the resistance of every legislative encroachment upon the historical judicial prerogative of inflicting penalties for contempt. The Constitution of the U.S. provides that the judicial power of the U.S. shall be vested in one Supreme Court and in such inferior courts as the U.S. Congress may from time to time establish. The inherent power of courts to punish for contempt has been recognized by the Supreme Court.
Harvard Law Review. Nov1900, Vol. 14 Issue 3, p165-183. 19p.
Subjects
INTERNATIONAL relations, TREATIES, DIPLOMACY, and UNITED States history
Abstract
Looks into the history of American diplomacy. Principles on which the U.S. government was founded; Aims of the first treaty adopted by the U.S. Congress after the declaration of independence; Stipulations of various treaties entered by the U.S. prior to 1789.
The article presents information on some of the insular tariff cases in the supreme court. It is fortunate for the country and for the future of our system of constitutional law that the Supreme Court has recognized the essentially political nature of the questions with which the General Government has had to deal in legislating for our new possessions. The United States may acquire territory as the result of war and treaties, without any qualification as to kind or quantity, or as to the character of its population. It may be Canada, or a cannibal island, or an island of slaves and slave owners. The mere acquisition or cession of a region does not incorporate it into the United States so as to subject it generally to those clauses of the Constitution which restrain and prohibit certain action by the Congress of the United States but such regions may be temporarily governed, in some respects, at least, as seems most suitable for their own interests and those of the United States.
Harvard Law Review. Dec1901, Vol. 15 Issue 4, p281-301. 21p.
Subjects
ACTIONS & defenses (Law), CONSTITUTIONS, LEGAL procedure, and LAW
Abstract
This article focuses on various lawsuits. The most glaring case of misconception is in connection with the Dred Scott case. Chief Justice Taney held that the Constitution recognized property in a slave, and protected that property against adverse legislation. The counsel for Dred Scott made this admission in his argument that he admits that whether the power of the U.S. Congress to legislate be given expressly or by implication, it is given with the limitation that it shall be exercised in subordination to the Constitution, and that if it be exercised in violation of any provisions of the Constitution the act would be void.
Harvard Law Review. Jan1902, Vol. 15 Issue 5, p406-416. 11p.
Subjects
BREACH of contract, OBLIGATIONS (Law), CONFLICT of laws, BANKRUPTCY, and LEGAL status of indigenous peoples of the Americas
Abstract
Presents a summary of cases decided in the United States in 1902. Negligence of pilot in a collision between two boats; Intentional act of servant; Surrender of preference in a bankruptcy case; Damages for breach of contract; Petition of creditors in a bankruptcy case; Control of Congress over the Indians; Conflict of laws in jurisdiction in tort.
Harvard Law Review. Dec1903, Vol. 17 Issue 2, p83-103. 21p.
Subjects
RESTRAINT of trade, COMMERCIAL crimes, UNFAIR competition, and ANTITRUST law
Abstract
The article focuses on the rights of the legislatures of the several states and the Congress of the United States in the regulation of contracts, combinations, conspiracies, and monopolies in restraint of trade and commerce. It has been affirmed that an amendment to the Constitution of the United States is necessary in order to vest in the U.S. Congress the requisite power to enable it to deal with the subject. The article demonstrate that there is already existing in Congress a large and extensive power, which it is believed is sufficient without the amendment proposed, and, further, to define the extent of that power.