Digital Commons Network^™

Griffith: Congress - Its Contemporary Role, George Meader

Michigan Law Review

A Review of Griffith: Congress - Its Contemporary Role. Second Revised Edition. By Ernest F. Griffith.

Constitutional Law - Self-Incrimination - Relation To Loyalty Discharge From Government Service, George E. Ewing

Michigan Law Review

A doctor, drafted into the Army as a private by authority of the Doctors Draft Law, exercised his constitutional privilege against self-incrimination in refusing to complete a loyalty certificate required for a military commission. The Army refused to grant the commission. In a prior habeas corpus proceeding, he had been ordered discharged unless granted the commission. Since the Army intended to grant the discharge under conditions other than honorable, the doctor sought an injunction to compel prompt honorable discharge. Held, injunction granted. Exercise of the constitutional privilege in refusing to complete a loyalty certificate could not be considered a …

Federal Supremacy And State Anti-Subversive Legislation, Alan Reeve Hunt

Michigan Law Review

State legislatures have been prompted by international tensions of recent years to enact new and stringent anti-subversive laws, thus adding to an already large body of statutes directed against various forms of subversion. Many of these statutes are open to serious objection on constitutional ·grounds. The purpose of this article is to examine those objections which are based upon the notion either that federal power in the area is exclusive or that Congress, expressly or by necessary inference, has pre-empted the field.

Federal Taxation: Perspective During The Fifth Decade, J. W. Riehm

Michigan Law Review

Since the enactment of the income tax provisions of the Tariff Act of October 3, 1913 forty years have elapsed within which we have seen a profound change in the revenue system of our federal government, the growth of a great new branch of public law, the development of a highly specialized field of legal practice and the publication in legal periodicals of innumerable articles on the subject of taxation. Tax men can, with great pride, point out that technical proficiency has done an amazing job of keeping pace with the rapid expansion of the system from the utilization of …

Is The Rule Against Perpetuities Doomed?, Lewis M. Simes

Michigan Law Review

Few rules of the common law have shown such amazing vitality as the rule against perpetuities. Emerging in the Duke of Norfolk's Case in 1682, as a rule to restrict unbarrable entails in land, it is now applied, not only to interests in land, legal and equitable, but also to personal estate, tangible and intangible, including beneficial interests in trusts. It is regarded as a part of the common law of nearly every English speaking country, except a few of the United States where statutory substitutes have been provided. Since 1930, statutory substitutes have been abolished and there has been …

Constitutional Law-Scope Of Police Power As Basis For Regulation Of Practice Of Professions [State V. Boren, Wash. 1950]

Washington and Lee Law Review

No abstract provided.

Limitation Of Actions--Public Officer's Bond, K. P. S.

West Virginia Law Review

No abstract provided.

Patent Monopolies And Free Enterprise, Myron W. Watkins, George W. Stocking

Vanderbilt Law Review

Public policy has long recognized the intimate relation between a dynamic technology and a well-adjusted economy. Without experiment, industrial arts stagnate. Rightly understood, invention is synonymous with improvement in the industrial arts, and invention comes about only from experimenting. Not every inventor finds what he is looking for, true enough, or is looking for what he finds. But unless, consciously or unconsciously, he is seeking a new way to do something or a new "combination of matter" he will never discover anything.

To encourage experiment and thus foster technical improvment is the avowed purpose of the American patent system. The …

The Position Of Statutory Construction In Present Day Law Practice, John W. Macdonald

Vanderbilt Law Review

Even the title assigned to this article emphasizes a point of view. We will consider the position of statutory construction not from the aspect of judges, appellate or trial, who must decide cases. Instead we are to look at the subject from the point of view of the practitioner, the lawyer himself. The practice of law is of course varied. And there are many fields of knowledge which control that practice. Some of these obviously do not involve law at all. The lawyer is a litigator, an advocate in court or before quasi-judicial bodies. He is also a counsellor, an …

The Standard Of Care Owed By A Hospital To Its Patients, William J. Harbison

Vanderbilt Law Review

Despite the: great number of tort cases which have arisen between hospitals and their patients, comparatively little has been written upon the subject of the standard of care required of a hospital in its relationship with those who enter it for treatment. In this Note some of the types of problems arising out of this relationship will be examined.' Questions of substantive and procedural law will be treated together in order to present these problems more clearly.

Generally, public hospitals are excused from tort liability to their patients upon the ground of governmental immunity ; in most states charitable institutions …

Strikes By Government Employees, William V. Sanford

Vanderbilt Law Review

It has been the purpose of this Note to examine the various principles and arguments involved in the development of a policy for court or legislative action with regard to strikes by government employees. It is suggested that the following principles should be controlling in the determination of that policy: (1) the general policies of the law towards striking private employees are applicable to striking government employees; (2) strikes by government employees are not all necessarily unlawful; (3) the legality of a strike by government employees depends upon its objects and upon the means used to attain them; (4) the …

Tort Liability Of The State: The Federal Tort Claims Act And The Crown Proceedings Act, Harry Street

Michigan Law Review

Anglo-American legal systems have for so long lingered behind the Continent of Europe in developing a satisfactory basis of governmental civil liability that the enactment of the Federal Tort Claims Act of 1946 in the United States, and the Crown Proceedings Act of 1947 in Great Britain are events justifying a comparison and evaluation of these belated attempts to provide the citizens with an adequate remedy against the State.

Bills And Notes-Personal Liability Of Agent Who Signs Note Which Principal Has No Legal Power To Execute, N. S. Peterman S.Ed.

Michigan Law Review

Defendant gave a note, signed by him in his representative capacity as village president, to plaintiff in payment for services rendered to the village. Defendant signed after he was authorized to do so by a resolution of the village board of trustees. The facts showed that the parties understood the village to be the primary obligor on the note. Actually, the village had no legal power to make such notes and could not have been indebted by them. Plaintiff sued defendant as an individual and won a verdict in the trial court. On appeal, held, reversed. Defendant having signed …

Book Review. Free Speech And Its Relation To Self-Government By Alexander Meiklejohn, John P. Frank

Articles by Maurer Faculty

No abstract provided.

The Liability Of Public Corporations In England And America, Stanley D. Rose

Vanderbilt Law Review

The public corporation is a common device to carry on governmental activities in the British Commonwealth, Europe and the United States.' It has been the uniformly favored instrument of nationalization policies. The reason for the use of such a public body is "unquestionably due to the realization that it offers the most convenient though by no means the only method for a successful application in public enterprise of principles of business efficiency developed in the private field." The necessarily extensive dealings of private citizens with such corporations force the courts to face promptly the problem of the legal status of …

Rostow: A National Policy For The Oil Industry., Michigan Law Review

Michigan Law Review

A Review of A NATIONAL POLICY FOR THE OIL INDUSTRY. By Eugene V. Rostow.

Foreign Exchange Restrictions And Public Policy In The Conflict Of Laws: Part Ii, Evsey S. Rashba

Michigan Law Review

Political Laws have been the subject of a much disputed doctrine. It has been stated by Dicey, and by other authoritative writers in various countries, that a court has no jurisdiction to entertain an action for the enforcement of a "political law" of a foreign state. The term "political law" is not limited to the field of public law. It is, of course, only exceptionally that rules governing the relations between a state and its citizens are given extraterritorial effect. The doctrine goes further. It holds that rules which are technically a part of private law, but which are designed …

Constitutionality Of Kentucky Statute Section 2635: Appliances For The Prevention Of Venereal Diseases, B. H. Henard

Kentucky Law Journal

No abstract provided.

What Is Law, Roscoe Pound

West Virginia Law Review

No abstract provided.

An Approach To Administrative Law, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Symposium On Administrative Law, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

International Public Law, Charles S. Hyneman

Indiana Law Journal

No abstract provided.

Cooperation Between The Bar And The Public In Improving The Administration Of Justice, Edson R. Sunderland

Articles

Professor Sunderland compares public participation in the legal systems of the United States and Great Britain. "There must be a partnership between the profession and the laity for improving the administration of justice. Law must become a matter of public concern, and not treated as a mere perquisite of a professional class."

Book Reviews, Nathan Isaacs, Horace Lafayette Wilgus, Arthur H. Basye, Leonard D. White, Victor H. Lane, Edwin D. Dickinson

Michigan Law Review

What does a judge do when he decides a case? It would be interesting to collect the answers ranging from those furnished by primitive systems of law in which the judge was supposed to consult the gods to the ultra-modern, rather profane system described to me recently by a retrospective judge: "I make up my mind which way the case ought to be decided, and then I see if I can't get some legal ground to make it stick." Perhaps the widespread impression is the curiously erroneous one lampooned by Gnaeus Flavius (Kantorowitz). The judge is supposed to sit at …

Note And Comment, G L. Canfield, Edson R. Sunderland, Horace Lafayette Wilgus, George D. Clapperton

Michigan Law Review

Maritime Liens - Personality of Ship - In Coal Company v. Fisheries Company (Advanced Sheets, Nov. 15, ig2o), the Supreme Court denies a lien for supplies of coal furnished the owner of a fleet of vessels for use thereon and, incidentally, brings into stronger relief the admiralty doctrine of the personality of the ship as distinguished from that of the owner. At the time the arrangement was made, the shipowner was without money or credit and could not enter upon its operations without a supply of coal for its ships and factories. The Coal Company agreed to supply its requirements …

Plurality Of Advantage And Disadvantage In Jural Relations, Albert Kocourek

Michigan Law Review

A recent writer has inveighed, not without some declamation, against the use of rhetoric in the field of law-making.1 But rhetoric finds a place, and often an unprofitable one, not only in legislation, but even in technical legal analysis. Metonymy (change of name) has often been pointed out. When we say that X is the owner of blackacre, what we mean is that X has certain legal advantages concerning blackacre; in other words, that X is the holder or dominus of claims (rights) and powers concerning certain land. Synecdoche (saying more or less than i' meant) is very commonly found; …

The Public Service Of The Future Lawyer, John C. Park

Michigan Law Review

The lawyer has two characters. He is a private personage, and as such cares for his family, contributes to the local improvement and philanthropies and conducts the common business affairs of his clients. He is also a public functionary and as such his usefulness is not confined to appearance in court and the conduct of litigation. From him must be had the counsel necessary in public movements, his brain must plan and his hand write the rules necessary to make right and wrong govern modem conditions. His must be the thought which shall stir the people to action. In him …

Some Questions In Connection With State Rate Regulation, Guy A. Miller

Michigan Law Review

There are probably few questions of greater interest, both present and future, than those which concern the relations between corporations performing the so-called public services on the one hand, and their immediate patrons and the general public on the other. These questions relate to the quality and safety of the services rendered, to the rights of all members of the public to receive service without discrimination, and to the charges which may be exacted for those services. To a great extent they involve matters of public policy and economics, rather than those which are strictly legal in nature, while even …

An Organic Conception Of The Treaty-Making Power Vs. State Rights As Applicable To The United States, Charles Sumner Clancy

Michigan Law Review

When we talk of the State, its rights or its structures, we are necessarily led to the inquiry, "What do we mean by the State?" Beginning with the proposition that the State is a composite formed of individuals whose lives are shaped by the life of the whole, it necessarily follows that a perfect understanding of any particular State would involve a knowledge of the characteristics of the members who compose it. This of course is obviously impossible, but the theory underlying States generally is founded upon general human characteristics. So we may take as a basis the great truth …

Revision Of The Laws Of The United States, Everett P. Wheeler

Michigan Law Review

June 22, 1874, President Grant put his signature to a great quarto volume which we know as the United States Revised Statutes. This has since been amended, and many additions have been made to the general laws of the United States which have not been incorporated in the Revised Statutes. These are scattered through the Statutes at Large, mingled with many temporary provisions. To convert this chaos into order, Congress in 1897 created a Commission to revise the Criminal and Penal Laws of the United States. In 1899 the duties of this Commission were extended to a revision of the …