Harvard Law Review, Volume 28Harvard Law Review Pub. Association, 1915 |
From inside the book
Results 1-5 of 100
Page 34
... authority of Congress is at all times adequate to meet the varying exigencies that arise , and to protect the national interest by securing the freedom of interstate commercial intercourse from local control . " 2 The first quotation is ...
... authority of Congress is at all times adequate to meet the varying exigencies that arise , and to protect the national interest by securing the freedom of interstate commercial intercourse from local control . " 2 The first quotation is ...
Page 52
... authority to limit these charges , it was urged that the act of Illinois violated the commerce clause . But the court , through Chief Justice Waite , in an opinion replete with learning , and notable for its extension of the doctrine of ...
... authority to limit these charges , it was urged that the act of Illinois violated the commerce clause . But the court , through Chief Justice Waite , in an opinion replete with learning , and notable for its extension of the doctrine of ...
Page 54
... authority to regulate rates for transportation wholly intrastate , such authority went no further . In this case there was before the court a statute of Illinois which enacted that if any railroad company should charge or receive for ...
... authority to regulate rates for transportation wholly intrastate , such authority went no further . In this case there was before the court a statute of Illinois which enacted that if any railroad company should charge or receive for ...
Page 61
... authority over intrastate rates is be- lieved to contain an enunciation of congressional power which was not only unnecessary for the decision in these cases , but which has no support in former decisions , and which , furthermore , if ...
... authority over intrastate rates is be- lieved to contain an enunciation of congressional power which was not only unnecessary for the decision in these cases , but which has no support in former decisions , and which , furthermore , if ...
Page 62
... authority which is consistent with and not opposed to the grant to Congress . There is no room in our scheme of government for the assertion of state power in hostility to the authorized exercise of federal power . The authority of ...
... authority which is consistent with and not opposed to the grant to Congress . There is no room in our scheme of government for the assertion of state power in hostility to the authorized exercise of federal power . The authority of ...
Contents
2 | |
12 | |
14 | |
20 | |
24 | |
32 | |
33 | |
34 | |
35 | |
38 | |
39 | |
51 | |
52 | |
55 | |
58 | |
60 | |
67 | |
68 | |
78 | |
79 | |
89 | |
95 | |
100 | |
104 | |
105 | |
106 | |
108 | |
109 | |
111 | |
112 | |
113 | |
129 | |
140 | |
150 | |
163 | |
172 | |
189 | |
191 | |
193 | |
198 | |
200 | |
203 | |
209 | |
211 | |
213 | |
215 | |
218 | |
225 | |
237 | |
238 | |
239 | |
243 | |
244 | |
245 | |
246 | |
251 | |
270 | |
275 | |
281 | |
287 | |
299 | |
302 | |
303 | |
307 | |
314 | |
321 | |
322 | |
323 | |
326 | |
327 | |
328 | |
331 | |
332 | |
337 | |
339 | |
341 | |
342 | |
343 | |
366 | |
382 | |
393 | |
394 | |
405 | |
410 | |
414 | |
424 | |
425 | |
484 | |
496 | |
498 | |
499 | |
509 | |
511 | |
513 | |
514 | |
518 | |
522 | |
524 | |
526 | |
527 | |
529 | |
531 | |
532 | |
537 | |
539 | |
558 | |
570 | |
573 | |
574 | |
580 | |
585 | |
587 | |
597 | |
605 | |
609 | |
617 | |
620 | |
627 | |
628 | |
630 | |
632 | |
639 | |
645 | |
664 | |
667 | |
673 | |
681 | |
688 | |
692 | |
697 | |
703 | |
707 | |
710 | |
712 | |
713 | |
715 | |
718 | |
719 | |
720 | |
723 | |
725 | |
735 | |
744 | |
749 | |
751 | |
762 | |
779 | |
783 | |
791 | |
793 | |
794 | |
797 | |
802 | |
808 | |
810 | |
811 | |
813 | |
814 | |
815 | |
816 | |
821 | |
822 | |
823 | |
824 | |
828 | |
Other editions - View all
Common terms and phrases
27 HARV action apply assumption of risk authority Bank breach carrier cause cestui que trust commerce clause Commission common carrier common law Congress constitutional constructive trust contract corporation creditor damage decision declared defendant definitional consequence doctrine domicile duty easement effect employee enforced equity estoppel evidence exercise fact federal fraud ground held injury intention interest interstate commerce Interstate Commerce Commission intrastate rates involved judicial jurisdiction land legatee or devisee legislative legislature liability limited Mass matter ment N. Y. Supp nature negligence opinion owner pardon parties partner partnership person plaintiff present principle probability promise proximate purpose question railroad reason recover recovery regulation result riparian rule secret trust seems STAT statute Statute of Frauds supra Supreme Court testator testator's theory tion tort United valid violation Webb-Kenyon Act York
Popular passages
Page 402 - States, or fix a price charged therefor, or discount from, or rebate upon, such price, on the condition, agreement or understanding that the lessee or purchaser thereof shall not use or deal in the goods, wares, merchandise, machinery, supplies or other commodities of a competitor or competitors of the lessor or seller, where the effect of such lease, sale, or contract for sale or such condition, agreement or understanding may be to substantially lessen competition or tend to create a monopoly in...
Page 180 - That any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this Act, shall to that extent be void...
Page 91 - Amendment is perverted when it is held to prevent the natural outcome of a dominant opinion, unless it can be said that a rational and fair man necessarily would admit that the statute proposed would infringe fundamental principles as they have been understood by the traditions of our people and our law.
Page 173 - Provided, That no such employee who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.
Page 163 - Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce...
Page 182 - Act to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Page 436 - No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing...
Page 770 - Every partner is an agent of the partnership for the purpose of its business, and the Act of every partner, including the execution in the partnership name of any instrument, for apparently carrying on in the usual way the business of the partnership...
Page 273 - All patents granted, or pre-emption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by the preceding section.
Page 402 - 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...