Harvard Law Review, Volum 27
The Harvard Law Review is a student-run journal of legal scholarship. It is intended to be an effective research tool for practicing lawyers and students of the law. The Review publishes articles by professors, judges, and practitioners and solicits reviews of important recent books from recognized experts.
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26 HARV action actual applied authority Bank breach carrier claim common law common-law marriage conduct CONFLICT OF LAWS consideration Constitution constructive trust contract contributory negligence corporation cost creditor damage decision declared defendant defendant's doctrine domicile duty employer enforce English equity exercise existing express trust extra-hazardous fact federal Fourteenth Amendment fraud fundamental law grantor held injury intent interest judicial jurisdiction jury justice land legislation legislature liability limits Lord Mass ment N. J. Eq N. Y. Supp negligence owner Parliament parties passenger person plaintiff police power presumption principle promise protection Q. R. Co question railroad reason recover regulation remedy resulting trust Roman law rule seems Sir Frederick Pollock statute Statute of Frauds supra Supreme Court theory tion Torts trespasser unilateral contract United workmen Workmen's Compensation Act wrong wrongdoer York
Side 43 - If, therefore, a statute purporting to have been enacted to protect the public health, the public morals, or the public safety has no roal or substantial relation to those objects, or is a palpable invasion of rights secured by the fundamental law, it is the duty of the courts to so adjudge, and thereby give effect to the constitution.
Side 19 - They form a portion of that immense mass of legislation, which embraces everything within the territory of a state, not surrendered to the general government ; all which can be most advantageously exercised by the states themselves.
Side 213 - The right of a person to sell his labor upon such terms as he deems proper is, in its essence, the same as the right of the purchaser of labor to prescribe the conditions upon which he will accept such labor from the person offering to sell it.
Side 536 - A valuable consideration, in the sense of the law, may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered, or undertaken by the other.
Side 239 - It may well be doubted whether the nature of society and of government does not prescribe some limits to the legislative power; and if any be prescribed, where are they to be found, if the property of an individual, fairly and honestly acquired, may be seized without compensation?
Side 435 - ... in order to ascertain that value, the original cost of construction, the amount expended in permanent improvements, the amount and market value of its bonds and stock, the present as compared with the original cost of construction, the probable earning capacity of the property under particular rates prescribed by statute, and the sum required to meet operating expenses, are all matters for consideration and are to be given such weight as may be just and right in each case.
Side 323 - The exercise of the right of eminent domain shall never be abridged, or so construed as to prevent the General Assembly from taking the property and franchises of incorporated companies, and subjecting them to public use, the same as the property of individuals; and the exercise of the police power of the State shall never be abridged or so construed as to permit corporations to conduct their business in such manner as to infringe the equal rights of individuals or the general well-being of the State.
Side 361 - does not include any person employed otherwise than by way of manual labour whose remuneration exceeds two hundred and fifty pounds a year, or a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business...