Harvard Law Review, Volumen38Harvard Law Review Pub. Association, 1925 |
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Términos y frases comunes
37 HARV action administrative Amendment appeal applied arbitration authority Bank Ben Avon bill Circ claim clause CODE Comm Commission common carrier common law compulsory arbitration Conflict of Laws Congress constitutional contract corporation creditor criminal damages decision declared defendant doctrine domicil duty easement equity estoppel evidence fact federal courts foreclosure foreign Fourteenth Amendment gavelkind held husband immunity injunction intent interest Interstate Commerce Interstate Commerce Commission involved Judge judgment judicial jurisdiction Justice labor land legislation legislature liability limited Mass matter ment Minn mortgage N. Y. Supp Ohio opinion parties person piracy plaintiff principles question R. R. Co railroad reasonable regulation relation result Roscoe Pound rule seems sovereign STAT statute suit supra Supreme Court tion tort trade trust United validity wife WILLISTON York
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Página 805 - Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings, of the courts and magistrates of every other State.
Página 107 - ... of the commission. Upon such filing of the application and transcript the court shall cause notice thereof to be served upon such person, partnership, or corporation and thereupon shall have jurisdiction of the proceeding and of the question determined therein, and shall have power to make and enter upon the pleadings, testimony, and proceedings set forth in such transcript a decree affirming, modifying, or setting aside the order of the commission.
Página 7 - The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.
Página 460 - For, the very idea that one man may be compelled to hold his life, or the means of living, or any material right essential to the enjoyment of life, at the mere will of another, seems to be intolerable in any country where freedom prevails, as being the essence of slavery itself.
Página 104 - That unfair methods of competition in commerce are hereby declared unlawful. The commission is hereby empowered and directed to prevent persons, partnerships or corporations, except banks, and common carriers subject to the Acts to regulate commerce, from using unfair methods of competition in commerce.
Página 155 - ... there can be no doubt of their power and duty to inquire whether a body of rates prescribed by a legislature or a commission is unjust and unreasonable, and such as to work a practical destruction to rights of property, and if found so to be, to restrain its operation.
Página 316 - The conduct of the foreign relations of our Government is committed by the Constitution to the Executive and Legislative — "the political" — Departments of the Government, and the propriety of what may be done in the exercise of this political power is not subject to judicial inquiry or decision.
Página 104 - Provided, That nothing herein contained shall prevent discrimination in price between purchasers of commodities on account of differences in the grade, quality, or quantity of the commodity sold, or that makes only due allowance for differences in the cost of selling or transportation, or discrimination in price in the same or different communities made in good faith to meet competition...
Página 148 - A judicial inquiry investigates, declares, and enforces liabilities as they stand on present or past facts and under laws supposed already to exist. That is its purpose and end. Legislation, on the other hand, looks to the future and changes existing conditions by making a new rule, to be applied thereafter to all or some part of those subject to its power. The establishment of a rate is the making of a rule for the future, and therefore is an act legislative, not judicial, in kind, as seems to be...
Página 43 - AV Dicey, Lectures on the relation between Law and Public Opinion in England during the Nineteenth Century (London, 1962) p. 175. 108. The Germans were not responsible for the witticism about 'night watchman' state. It appears that the simile of the night watchman was Lassalle's and it was Carlylewho ridiculed the laiseez faire conception in the phrase "Anarchy plus the constable".