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Uniformity Of Commercial Law On The American Continent, Roscoe Pound Dec 1909

Uniformity Of Commercial Law On The American Continent, Roscoe Pound

Michigan Law Review

Anglo-American, lawyers are not, as a rule, believers in codification. Hence, as legislation is the only agency through which in practice a uniform commercial law for the American continent may be looked for, you might, with some degree of reason, anticipate that I should be opposed to such a project. I may say, however, that I do not, at all share the orthodox common-law antipathy toward legislation and codification. I have no doubt that a legislative restatement of the law and a juridical new start upon the basis of such a restatement are inevitable in English-speaking countries for the same …


Recent Important Decisions, Michigan Law Review Nov 1909

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Trustee's Right to Enforce Stockholder's Statutory Liability; Bills and Notes--Failure of Consideration--When Maker is Estopped From Pleading It; Bills and Notes--Instrument Payable After Death--Whether Valid Obligation or of a Testamentary Character; Carriers--Interstate and Intrastate Commerce; Carriers--Regulations Relative to Shipment of Live Stock; Constitutional Law--Equal Protection of Laws--Foreign Corporations--Statute Forfeiting Right to Do Business; Constitutional law--Police Power--Personal Liberty--Photographing Persons Charged With Crime; Contempt--Murder of Prisoner Pending His Appeal; Counties--Action by Taxpayer--Compensation of Attorney; Criminal Law--What Constitutes a Disorderly House; Damages--Allowance of Attorney's Fees--rule in Hadley v. Baxendale Applied; Eminent Domain--Taking or Damaging Property--Noise and Smoke From Operation of Railroad; Equity--Illegal Contract--Duty …


The Commerce Clause, And Taxation Of Gross Receipts And Of "Intangible Property.", Frederick H. Cooke Nov 1909

The Commerce Clause, And Taxation Of Gross Receipts And Of "Intangible Property.", Frederick H. Cooke

Michigan Law Review

The decision in Galveston, Harrisburg &c. Ry. Co. v. Texas curiously, perhaps even painfully, illustrates the confusion that has resulted from the establishment by the Supreme Court of what seem to me to be incompatible rules of taxation. As is well understood, the commerce clause of the Federal Constitution imposes certain restrictions upon action under the authority of a State. That is to say, it is a general rule that has been frequently applied, that no restriction by way of prohibition or otherwise may be validly imposed under the authority of a State upon transportation within the scope of the …


Note And Comment, Edward A. Macdonald, J. Fred Bingham, Joel H. Prescott, Joseph F. Keirnan, Wendall A. Herbruck Apr 1909

Note And Comment, Edward A. Macdonald, J. Fred Bingham, Joel H. Prescott, Joseph F. Keirnan, Wendall A. Herbruck

Michigan Law Review

The Tight of a Trade Union to Enforce a Boycott; Criminal Responsibility of Husband for Maliciously Slandering His Wife; The Bulk Sales Laws; The Police Power and Liberty of Contract; The Obligations Resulting from an Indorsement, In Blank, Before Delivery, of a Negotiable Instrument


Recent Important Decisions, Michigan Law Review Apr 1909

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Arson--Persons Liable--Husband or Wife; Bankruptcy--Exemptions--Homesteads; Carriers--Bill of Lading--Estoppel to Deny Receipt of Goods; Commerce--Carriers--State Regulation--Congressional Inaction; Constitutional Law--Interstate Commerce--Compelling Carrier to Share Facilities with Rival--Due Process of Law; Constitutional Law--Right to Engage in the Business of an Undertaker; Counties--Railway Aid Bonds--Conditions Precedent; Covenants--Power of Court of Equity to Compel Release of, as Cloud on Title; Divorce--alimony--Divorce Granted Against Wife; Eminent Domain--Appropriation of Property--Street Railway Addition Burden; Evidence--Admissibility of Confessions; Evidence--Hearsay Declarations of Pedigree; Execution--Sale--Inadequacy of Price--Setting Aside; Insurance--Exception in Fire Insurance Policy--"Cotton in Open Cars"; Insurance--Right to Sue on Indemnity Policy--Payment of Loss by Receiver's Note; Intoxicating Liquors--Illegal Sale--Ordinance--Validity; Intoxicating …


Recent Important Decisions, Michigan Law Review Mar 1909

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Assignment for Creditors--Validity of Common Law Assignment Under State Statutes--Assignee May Maintain Replevin; Bills and Notes--Fraud--Ability to Read; Bills and Notes--Signature by Agent or Representative--Personal Liability; Boundaries--Meander Line as Boundary in Government Grants--Mistake in Survey; Carriers--Liability as Carriers of Live Stock; Contracts--Antenuptial Agreements--Performance Prevented by Party; Courts--Supreme Court--Review of Decisions of State Courts; Courts--United States Courts Enjoining Proceedings in State Courts--establishment of Railroad Rates by Commission; Criminal Law--Larceny--Fraudulent Use of Legal Process; Criminal Law--Reception of Verdict--Accused's Right to be Present; Dead Bodies--Power of Court to Order Exhumation to Procure Evidence; Evidence--Burden of Proof; Evidence--compelling Accused to Criminate Himself--Waiver of Privilege; …


Note And Comment, Edward S. Rogers, Horace Lafayette Wilgus, Edward A. Macdonald, Floyd Olds, J. Fred Bingham, Michael F. Shannon, Sidney F. Duffey Mar 1909

Note And Comment, Edward S. Rogers, Horace Lafayette Wilgus, Edward A. Macdonald, Floyd Olds, J. Fred Bingham, Michael F. Shannon, Sidney F. Duffey

Michigan Law Review

The Doctrine of Unfair Trade; Valuing Property and Franchises of Public Service Corporations for Fixing Rates; Right of the Interstate Commerce Commission to Adduce Testimony; Rule in Shelley's Case controls Estate Created by Deed to Trustee; The Right of the Garnishee to Dispose of Goods in His Possession While the Litigation is Pending; The Police Power, Billboards and Sky Signs; How Far the Record of Voting Machines is Conclusive;


Recent Important Decisions, Michigan Law Review Feb 1909

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--General Assignment--Liens Acquired by Assignee; Bills and Notes--Contract of Wife--bona Fide Purchasers; Bills and Notes--Non-Existing Payee--Negotiable Instruments Law; Constitutional Law--Jurisdiction of Federal Courts--suits Against A State; Contracts--Agreement in Restraint of Trade if Severable and Reasonable as to Part is Valid; Corporations--Taxation--Franchise Tax; Elections--Primary Elections--Use of Emblem on Ballots; Evidence--Competency of Witness--Transaction With Agent, Since Deceased; Evidence--Judicial Notice of "Football Season"; Evidence--Public Records of Another State; Guaranty--Change in Principal Contract--Discharge of Guarantor; Injunction--Vendee's Fraud Vitiates Right to Use Patented Machine; Insurance--Mutual Life Insurance--Invalid By-Law--Waiver of Breach; Interstate Commerce--Power of Courts to Enjoin Enforcement of Rates; Judgment--Of Foreign Country--Conclusiveness; Judgment--Power of Court …


Note And Comment, Arthur Clarke, Floyd Olds, J. Earl Ogle Jr., James H. Brewster Feb 1909

Note And Comment, Arthur Clarke, Floyd Olds, J. Earl Ogle Jr., James H. Brewster

Michigan Law Review

Termination of the Liability as Common Carrier; Is a Vendee Seeking Specific Performance Entitled to Compensation for the Inchoate Dower Right of the Vendor's Wife?; An Executor's Right to an Allowance out of the Estate for Counsel Fees for Services Rendered Before Letters Testamentary Issue; The Kansas "Manhattan Cocktail Case" and Some Others Concerning Judicial Notice;