\u3ci\u3ePolitical and Civil Rights in the United States\u3c/i\u3e, by Thomas I. Emerson and David Haber (1952)

Although not so described on its title page, this is essentially a casebook and is an amplification of materials prepared by the editors for a course offered by them at Yale Law School. In addition to cases, the great majority of which are decisions of the United States Supreme Court, there are numerous excerpts from legal and non-legal literature designed to provide a factual background for the problems considered in the cases, and to supplement the doctrinal analyses and arguments of the opinions. Then there are digests of a host of recent cases, and finally, extensive bibliographies of the literature, legal and nonlegal, on each of the areas covered in the book. These last two features are designed, most successfully, to meet the needs of the practicing lawyer, or any other person who wishes to pursue a particular subject further

Manufacturer\u27s Advertisement as Express Warranty to Consumer

One of the important developments in economic life in recent years has been the greatly increased production of packaged and labeled goods, advertised and distributed nationally by the manufacturer. The scope of the retailer\u27s function has been correspondingly reduced, especially in regard to inspection. Naturally there has resulted a tendency in the law to increase the responsibility of the manufacturer to the consumer

The Washington Public Utility Legislation of 1933: Budget Orders as Res Judicata

The Washington legislature at its regular 1933 session enacted a series of statutes radically altering the system of public utility regulation in this state both in scope and method. Recent years have witnessed similar developments in several other states. As is always the case with novel legislation, a number of questions of statutory construction and of constitutional law have arisen. It is the purpose of this paper to discuss one of the basic constitutional problems presented by the Washington legislation. Can preliminary, fact-finding orders of a public service commission which have been affirmed by the state courts be made conclusive as to such facts in subsequent litigation

Final Contribution of John B. Sholley

The following is an unfinished review by Professor Sholley of Politics and the Constitution in the History of the United States by William Winslow Crosskey, University of Chicago Press, 1953, two volumes, pp. 1410, $20.00

The Washington Public Utility Legislation of 1933: Budget Orders as Res Judicata

The Washington legislature at its regular 1933 session enacted a series of statutes radically altering the system of public utility regulation in this state both in scope and method. Recent years have witnessed similar developments in several other states. As is always the case with novel legislation, a number of questions of statutory construction and of constitutional law have arisen. It is the purpose of this paper to discuss one of the basic constitutional problems presented by the Washington legislation. Can preliminary, fact-finding orders of a public service commission which have been affirmed by the state courts be made conclusive as to such facts in subsequent litigation

Are the Gasoline, Cigarette, and Sales Taxes Unconstitutional?

It is indeed rather surprising to discover that there is a strong possibility that all three of these taxes are unconstitutional in their present statutory forms. But this appears to be the effect of a recent decision of the state supreme court. The case referred to, State v. Inland Empire Refineries, involved the validity of a 1939 statute imposing an excise tax of one-fourth cent per gallon upon the distribution of petroleum products other than motor fuel, lubricants, and medicants. The statute was held unconstitutional in its entirety upon three independent grounds. First, the discrimination against vendors and users of fuel oil and in favor of vendors and users of other fuels such as coal or wood, etc. was held to violate the equal protection clause of the United States Constitution and the equal privileges clause of the state constitution. Second, the exemptions from the tax of fuel oil sold to vessels engaged in foreign commerce, of that sold to a gas company and used by it to manufacture gas for distribution to the public, and of that refined within the state, were held to violate the same constitutional provision; and since these exemptions were deemed inseparable, the whole statute was thereby rendered invalid. Third, the provisions requiring distributors to secure a license, pay a fee, and file a surety bond, inasmuch as they applied to distributors who imported petroleum products into the state and those who purchased from such importers, were held to impose an improper burden upon interstate commerce in contravention of the commerce clause of the Federal Constitution

Civil Rights

Covers racial discrimination