Landlord and Tenant: Assignment: Liability of Assignee on Contract with Lessor

1919 Michigan law review  
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more » ... out Early Journal Content at http://about.jstor.org/participate--jstor/individuals/early-journal--content. JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people discover, use, and build upon a wide range of content through a powerful research and teaching platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not--for--profit organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please contact support@jstor.org. MICHIGAN LAW REVIEW MICHIGAN LAW REVIEW Labor Case (Hammer v. Dagenhart) (19I8), 247 U. S. 251, 3 So. LAW Q. 175, 17 MICH. LAW REV. 83, although the element of deceit was present, it was held that Congress could, under the commerce clause only, prohibit evils subsequent to interstate commerce, but not evils antecedent thereto. This decision, which was very much criticised, was based on the fact that the act would tend to regulate the hours of labor of children in factories, a purely state authority. Clearly under the commerce clause Congress has the power to prohibit interstate commerce in proper cases, and, as the evil aimed at in the instant case followed importation, the case is not open to the objection which the court in the Child Labor Case, supra, seemed keen to find in order to uphold the right of the states to control their manufactures under the power reserved to them by the Tenth Amendment. That the Reed Amendment was constitutional was based on the same reasoning as that applied in
doi:10.2307/1277620 fatcat:x445xahg3vchfoozrxhhgbpk5a