Constitutionality Of Statute Research Articles

Legal Aspects of Land Tenure

Man's relations to land are of two major types: land use and land tenure. The first refers to the use made of land in supplying human needs; the latter includes the relations among men, determining their rights and responsibilities in land.' Legal aspects of land tenure are concerned with the laws of property in agricultural land. The law of property may be found in constitutional provisions, statutes, court decisions, common law, or local custom. The laws governing land tenure, whether they concern the State or the individual, the owner or the tenant, the trustee or the mortgagee, or the heir or the squatter, are laws of property, concerned with the distribution of rights in land. Any adjustment in our system of agricultural land tenure represents an adjustment in the position of agricultural land as property. For example, a rural zoning ordinance always changes the rights of the holder of a piece of land; an easement for an electrical transmission line divides rights in land between the owner and the public utility company; and the Kansas law requiring that the landlord compensate the tenant for certain unexhausted improvements under specified conditions reduces the landlord's rights in the land. The tenurial relationships established among men are social phenomena and are never static; they are ever changing. In fact, man's economic, social, political, and religious history is replete with terrific and sustained struggles for a better and better distribution of the rights and responsibilities in land. These struggles have always had as their objective the readaptation of the manmade tenure system to the needs of the time. The battle, of necessity, has been terrific because of the reluctance of those in power to yield to change, and has been sustained owing to the slowness with which significant changes in fundamental arrangements are made even after the need has been recognized. But during the centuries the struggle has been carried on against the power of vested interests and in spite of the costliness of what are inevitably trial and error methods and the dead weight of cumbersome legal traditions. During the major part of our national life, however, owing to our preferred economic position and to numerous programs giving opportunities to or pacifying the disadvantaged, adjustments in our system of land tenure have been exceedingly few and we have tended to fall behind in light of the many new problems facing us.

Testing Constitutionality of Statutes Forbidding Official Action

Testing Constitutionality of Statutes Forbidding Official Action

Public Utilities: Rates: Constitutionality of Statutes Prohibiting Minimum or Service Charges

Public Utilities: Rates: Constitutionality of Statutes Prohibiting Minimum or Service Charges

Criminal Law and Procedure: Appeal by State: Constitutionality of Statutes: Due Process of Law

Criminal Law and Procedure: Appeal by State: Constitutionality of Statutes: Due Process of Law

The Presentation of Facts Underlying the Constitutionality of Statutes

The Presentation of Facts Underlying the Constitutionality of Statutes

The Present Status of the Negro Separate School as Defined by Court Decisions

The question of the separate school for Negroes has been expressly dealt with in state constitutions and statutes and may be divided into four distinct categories. First, there is the case where the Negro is not mentioned separately at all either in state constitutional law or statute, with reference to education, as in California, Iowa, Maine, Montana, Nebraska, Nevada, New Hampshire, North Dakota, Ohio, Oregon, South Dakota, Utah, Vermont, and Wisconsin. Second, there is the case where provisions are made which prohibit by law the establishment of the separate school, as in Colorado, Connecticut, Idaho, Illinois, Massachusetts, Michigan, Minnesota, New Jersey, Pennsylvania, Rhode Island, and Washington. Third, there is the case of permissive legislation which authorizes the separate school if it is desired, as in Indiana, New York, and Wyoming. Fourth, there is the case of mandatory legislation which makes the establishment of the separate school compulsory, as in Alabama, Arizona, Arkansas, Delaware, District of Columbia, Florida, Georgia, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, and Texas. Arizona is listed above as a state where separate public education is mandatory because the mandatory legislation covers elementary education. For high-school education, however, separate education is permissive, for the statute provides as follows:

Taxation: Income from Irrevocable Funded Insurance Trusts: Constitutionality of Statute

Taxation: Income from Irrevocable Funded Insurance Trusts: Constitutionality of Statute

The Constitutionality of Statutes Restricting the Use of Trading Stamps

The Constitutionality of Statutes Restricting the Use of Trading Stamps

Divorce. Proceedings and Relief. Constitutionality of Statute Making Entry of Final Decree Mandatory on Motion of Guilty Party

Divorce. Proceedings and Relief. Constitutionality of Statute Making Entry of Final Decree Mandatory on Motion of Guilty Party

Legal Aspects of the Negro Problem

THROUGHOUT the history of the Negro in America, court decisions have clarified his relationship to the white race. The Dred Scott decision comes readily to mind as an event crystallising two forms of sentiment which later struggled for supremacy. Since the Civil War, hardly an important constitutional question has come before the Supreme Court which has not had some reference to the still vexed and disputed question of the Negro's status in this country. This is true to the extent that the entire question of states' rights, involving many court cases that had nothing directly to do with the American Negro, has hinged upon differences in attitude on these problems mainly sectional. The effect of the Negro, and his part in white America's legal fabric has occasioned a number of books and could easily be made the subject of an extended study. Such a study would show, we are convinced, that no single other set of problems has had such a profound effect in determining the structure and phrasing of American law, and court interpretation of the law, as the problems raised by the Negro's presence here. Our subject is necessarily more limited than this broad consideration of the form and tendency of democracy as expressed in the constitutional provisions and statutes. We are to consider primarily a few outstanding aspects of the Negro's legal status during recent years as showing something of his organic relations in the social structure of the country. The cases that have arisen for adjudication, and that will be considered here, touch democracy at its roots. They concern the right to participation in selfgovernment; the right to safety of the person and property; the right to due process of law; and questions of social procedure ranging from Jim Crow on southern railways to the right to dine in a New York restaurant or to sit in a

Corporations: Constitutionality of Statute: Right to Invoke Question

Corporations: Constitutionality of Statute: Right to Invoke Question

The Constitutionality of Statutes Creating a Conclusive Presumption That Gifts within a Fixed Period of Death Were Made in Contemplation of Death

The Constitutionality of Statutes Creating a Conclusive Presumption That Gifts within a Fixed Period of Death Were Made in Contemplation of Death

Constitutional Law. Liberty to Contract. Constitutionality of Statute Making One Liable Who Purchases Products under Contract of Delivery to a Co-Operative Association

Constitutional Law. Liberty to Contract. Constitutionality of Statute Making One Liable Who Purchases Products under Contract of Delivery to a Co-Operative Association

Constitutional Law: Constitutionality of Statute Making Public School Education Compulsory

Constitutional Law: Constitutionality of Statute Making Public School Education Compulsory

Police Power. Nature and Extent. Constitutionality of Statute Making Illegal the Possession of Liquor Lawfully Obtained

Police Power. Nature and Extent. Constitutionality of Statute Making Illegal the Possession of Liquor Lawfully Obtained

Constitutional Law: Constitutionality of Statute Making Public School Education Compulsory

Constitutional Law: Constitutionality of Statute Making Public School Education Compulsory

Constitutionality of Statutes Requiring Attendance at Public Schools

Constitutionality of Statutes Requiring Attendance at Public Schools

Federal Practice. Injunction Based upon Constitutionality of Statute. Number of Judges Required

Federal Practice. Injunction Based upon Constitutionality of Statute. Number of Judges Required

Federal Practice. Injunction Based upon Constitutionality of Statute. Number of Judges Required

Federal Practice. Injunction Based upon Constitutionality of Statute. Number of Judges Required

Constitutional Law. Validity of Constitutional Provision Depriving Courts of Power of Determining Constitutionality of Statute

Constitutional Law. Validity of Constitutional Provision Depriving Courts of Power of Determining Constitutionality of Statute