The Yale Review, Volume 19

Voorkant
George Park Fisher, George Burton Adams, Henry Walcott Farnam, Arthur Twining Hadley, John Christopher Schwab, William Fremont Blackman, Edward Gaylord Bourne, Irving Fisher, Henry Crosby Emery, Wilbur Lucius Cross
Blackwell, 1911
 

Geselecteerde pagina's

Inhoudsopgave


Overige edities - Alles bekijken

Veelvoorkomende woorden en zinsdelen

Populaire passages

Pagina 20 - Section 1 provides that every contract combination in the form of a trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is hereby declared to be illegal.
Pagina 378 - Government, including the Department of State, the Department of the Treasury, the Department of Justice, the Department of the...
Pagina 151 - I confess that I think that the right to make contracts at will that has been derived from the word liberty in the Amendments has been stretched to its extreme by the decisions; but they agree that sometimes the right may be restrained. Where there is, or generally is believed to be, an important ground of public policy for restraint, the Constitution does not forbid it, whether this Court agrees or disagrees with the policy pursued. It cannot be doubted that to prevent strikes and, so far as possible,...
Pagina 216 - Attention is expressly called to the rule that a competitor is not confined to topics proposed in the announcements of this committee ; but any other subject chosen must first be approved by it. 1.
Pagina 151 - It cannot be doubted that to prevent strikes, and, so far as possible, to foster its scheme of arbitration, might be deemed by Congress an important point of policy, and I think it impossible to say that Congress might not reasonably think that the provision in question would help a good deal to carry its policy along. But suppose the only effect really were to tend to bring about the complete unionizing of such railroad laborers as Congress can deal with, I think that object alone would justify...
Pagina 368 - ... securities which if owned by a natural person resident in this commonwealth would be liable to taxation...
Pagina 61 - Merely to persuade a person to break his contract may not be wrongful in law or fact. . . .But if the persuasion be used for the indirect purpose of injuring the plaintiff, or of benefiting the defendant at the expense of the plaintiff, it is a malicious act, which is in law and in fact a wrong act, and therefore a wrongful act, and therefore an actionable act if injury ensues from it.
Pagina 71 - But there is a notion, which latterly has been insisted on a good deal, that a combination of persons to do what any one of them lawfully might do by himself will make the otherwise lawful conduct unlawful. It would be rash to say that some as yet unformulated truth may not be hidden under this proposition. But in the general form in which it has been presented and accepted by many courts, I think it plainly untrue, both on authority and on principle.
Pagina 18 - ... the United States, that are engaged, under state charters, in interstate and international commerce, enter into a combination such as the one here in question, and by the device of a holding corporation obtain the absolute control throughout the entire country of rates for passengers and freight, beyond the power of Congress to protect the public against their exactions? The argument in behalf of the defendants necessarily leads to such results, and places Congress, although invested by the people...
Pagina 151 - The section simply prohibits the more powerful party to exact certain undertakings or to threaten dismissal or unjustly discriminate on certain grounds against those already employed. I hardly can suppose that the grounds on which a contract lawfully may be made to end are less open to regulation than other terms. "So I turn to the general question whether the employment can be regulated at all. I confess that I think that the right to make contracts at will that has been derived from the word liberty...

Bibliografische gegevens