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Full-Text Articles in Law

The Commerce Clause Of The Federal Constitution And Two Recent Cases Dealing With It, S. S. Gregory Apr 1907

The Commerce Clause Of The Federal Constitution And Two Recent Cases Dealing With It, S. S. Gregory

Michigan Law Review

In the historic case of M'Culloch v. Maryland, CHIEF Justice Marshall said, referring to the Federal Government: "This government is acknowledged by all to be one of enumerated powers. The principle that it can exercise only the powers granted to it, would seem too apparent to have required to be enforced by all those arguments which its enlightened friends, while it was depending before the people, found it necessary to urge. That principle is now universally admitted, but the question respecting the extent of the powers actually granted is perpetually arising and will probably continue to arise as long as …

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Recent Important Decisions, Michigan Law Review Feb 1907

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Admiralty--Liability of Public Corporation for Tort; Bankruptcy--bills and Notes--discharge of Indorser; Bankruptcy--Title to Stock Held by Stockholders; Bills and Notes--Renewal of Void Note--Moral Obligation Not a Good Consideration; Bills and Notes--Renewal of Void Note--Moral Obligation Sufficient Consideration; Carriers--contributory Negligence--Protruding Arms of Passengers; Carriers--Contributory Negligence--Protruding Arms of Passengers; Constitutional law--foreign Corporations--Service of Summons on the Auditor of State--Due Process of Law; Contract to Devise--Parol Evidence to vary Consideration Expressed in a Deed; Corporations--application for Shares--Contracts; Easements--Way of Necessity--Relation of Parties; Equity--Jurisdiction--Bills of Peace; Executors and Administrators--Allowance to Surviving Children--Stepchildren; Garnishment--Proceeds form Sale of Homestead Exempt; Garnishment--Waiver of Defect in Writ; Homestead--conveyance--Joinder …

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The Interstate Commerce Clause And State Control Of Foreign Corporations, Frank E. Robson Feb 1907

The Interstate Commerce Clause And State Control Of Foreign Corporations, Frank E. Robson

Michigan Law Review

The Congress shall have power * * * to regulate commerce with foreign nations, and among the several states, and with the Indian tribes." "* * * to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or any department or officer thereof." Only one possessed of prophetic vision would dare to state the extent of the power contained in these clauses of the constitution, to say nothing of the subjects or persons to which it may be …

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Note And Comment, Justice Wilson, William B. Clark, James Harrington Boyd Dec 1906

Note And Comment, Justice Wilson, William B. Clark, James Harrington Boyd

Michigan Law Review

The Constitutionality of Statutory Restrictions Upon Sales of Merchandise; The Liability of a Collecting Bank for the Defaults of its Correspondents; Reasonable Regulation of Primary Elections; Assignment of Wages to be Earned in the Future in the Absence of a Contract of Employment Definite as to Time

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Note And Comment, Edwin C. Goddard, Emiliano Gala, Willis Gordon Stoner, Henry M. Bates Apr 1906

Note And Comment, Edwin C. Goddard, Emiliano Gala, Willis Gordon Stoner, Henry M. Bates

Michigan Law Review

Liability of Principal for Mistake or Fraud of Agent; Contracts by Correspondence; The Police Power and city ordinances for the disposal of Garbage; Restriction Upon the Right of a Carrier to Deal in Commodities Transported by It;

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Recent Important Decisions, Michigan Law Reivew Apr 1906

Recent Important Decisions, Michigan Law Reivew

Michigan Law Review

Agency--Ratification--Action by Principal Based on His Own Ratification; Bailments--Negligence of Bailor and Bailee; Bills and Notes--Designation of Amount--Marginal Figures; Bills and Notes--Sufficiency of Plaintiff's Title; Bills and Notes--Rights of an Accommodation Maker; Carriers--Liability of Steamship Company for Loss of Passenger's Baggage; Common Carrers--Limitation of Liability by Special Contract--Exemption Includes Limitation; Constitutional Law--Game Laws; Constitutional Law--Habeas Corpus--Former Jeopardy; Contract for Sale of Realty--Rescission--Bringing Action not Sufficient Notice of Recission; Corporations--Foreign Corporations--Doing Business in the State--State Control--Taxation of Intra-State Business; Corporations--Illegal Payment of Dividends--Statuatory Liability of Directors--Discretion of Directors; Corporations--Ultra Vires Contract--Powers of Railroad Company--Estoppel; Criminal Law--Homicide--Threats by Deceased; Damages--Nursing by Husband …

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Uniform State Laws Governing Negotiable Documents Of Title, Francis B. James Nov 1905

Uniform State Laws Governing Negotiable Documents Of Title, Francis B. James

Michigan Law Review

Our forefathers, not foreseeing that the States would some day become one country for commercial purposes, failed to vest in Congress power to regulate all commerce, but limited that body to such as was interstate or foreign. An unexpected (and by many now believed erroneous) decision by the Supreme Court of the United States1 in 1869, that a contract between citizens of different states did not constitute interstate commerce, checked the growth of that unity of law so convenient in the development of industries, national in character. For one hundred years, from 1789, when the Constitution was adopted, to 1890, …

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Note And Comment, Michigan Law Review Mar 1905

Note And Comment, Michigan Law Review

Michigan Law Review

The Federal Safety Appliance Act as a Regulation of Interstate Commerce; Liability of Christian Science Healer for Negligence and Deceit; Iowa and the Rule in Shelley's Case; Are Conditions Imposed by the Vendor of Chattels Binding on Subsequent Purchasers? Necessity for the Personal Presence of the Accused Upon Arraignment; Unconstitutional Aids to Local Industries; Damages for Mental Suffering Unaccompanied by Physical Injury

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Recent Important Decisions, Michigan Law Review Mar 1905

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession--Boundaries--Mistake; Attachment--Fraudulent Conveyance--Damages for Breach of Promise of Marriage; Bailments--Liability of Private Carrier on a Special Contract; Bailments--Loss of Goods Resulting from Violation of Ordinance; Constitutional Law--Equal Protection of the Laws--Due Process--State's control of Fish and Game; Contributory Negligence--Passenger on Car Platform; Conveyance--Standing Timber--Recording--Bona Fide Purchaser; Deeds--Building Restrictions--Easements; Deeds--Rule in Shelley's Case; Equity--Mistake of Fact--Negligence; Evidence--Photograph--X-Ray; Executors and Administrators--Liability of Executrix to Account fo rTrust Estate Held by Her Testator; Foreign Corporations--Interstate Commerce; Garnishment--Situs of Debt; Gift-Parent and Child--Undue Influence--Presumption; Guardian and Ward--Filling of Blank After Execution; married Women--Separate Estate--Note and Mortgage to Secure Husband's Debt; Master and Servant--Independent …

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Practical Suggestions On Codifying The Law Of Warehouse Receipts, Francis B. James Feb 1905

Practical Suggestions On Codifying The Law Of Warehouse Receipts, Francis B. James

Michigan Law Review

Of one hundred and sixty national commercial organizations in the United States, the American Bankers' Association and the American Warehousemen's Association have manifested the deepest interest and cooperation in improving the commercial law and making it uniform. It will be superfluous to discuss the wisdom of and necessity for codifying the law of warehouse receipts and making that law uniform throughout the United States, because the American Warehousemen's Association has already placed itself on record on these questions and appropriated fifteen hundred dollars and The Conference of Commissioners on Uniform State Laws has employed Mr. Barry Mohun of the Washington …

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Recent Important Decisions, Michigan Law Review Jan 1905

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney--Disbarment--Procedure; Carriers--Injury to Passenger From Strike Sympathizers; Constitutional Law--Reasonable Classification--Regulation of Insurance Companies--Discrimination in Favor of Foreign Corporations; Constitutional law--Use of Trading Stamps--Police Police Power; Contract--Breach--Damages; Corporation--Notes Given in payment for its own Stock--Bankruptcy--Provable Debts; Damages--Measure--Contribution; Deeds--construction--Description of Subject Matter; Easements--Recital in Deed--Injunction; Election--Candidates--Oath--Constitutionality of Primary Law; Equity--Jurisdiction to Restrain Injunction Proceeding Denied; Estates of Decendents--Funeral Expenses of Married Woman--Liability of Surviving Husband; Executor de Son Tort--Right to Equitable Relief; Foreign corporations--doing Business in State--Failure to Comply with State Laws--Validity of Contract; Garnishment--Situs of Debt; Husband and Wife--Separation Agreements--Validity--Defenses; Insurance--Employer's Liability--Notice of Injury; Intoxicating Liquors--License Non-Transferable; Judgments--dormancy--Effect of Special Execution; …

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Note And Comment, Michigan Law Review Nov 1904

Note And Comment, Michigan Law Review

Michigan Law Review

Lawyers and Jurists at the Exposition; Convention of the Commercial Law League of America; The Philippine Island Cases in the Supreme Court of the United States; The Writ of Habeas Corpus in Chinese Exclusion Cases; What is a "Crime" Within the Meaning of the Constitution?; Due Process of Law; Winding up Proceedings; Literary Criticism and the Law of Libel; The New Japanese Civil Code;

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Recent Important Decisions, Michigan Law Review Nov 1904

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Husband as Agent of Wife in Transfer of Real Property; Assignment of Insurance Policy--Change of Beneficiary; Banks--Deposits Made by Estate in Trust for Another; Chattel Mortgages--When Void as Against Trustee in Bankruptcy of Mortgagor; Constitutional Law--Class Legislation--Restrictions upon Building and Loan Associations; Corporations--Foreign, Transacting Business in State--Right of Action--Condition Precedent--Interstate Commerce; Corporations, Insolvent--Preferring Creditors--Directors; Damages--Breach of Contract; Damages--Mental Suffering Unconnected with Physical; Deeds--Delivery to a Third Person--Requisites; Deeds--Signing by One not Named as Grantor; Election Contest--Tie Votes--Effect; Injunction--Special Injury--Street Improvement; Insolvency of Building and Loan Associations--Borrowing Shareholder--Credits; Insurance--Delay in Making Proofs of Death when Blanks were to be Furnished by …

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One Phase Of Federal Power Under The Commerce Clause Of The Constitution, John C. Donnelly May 1904

One Phase Of Federal Power Under The Commerce Clause Of The Constitution, John C. Donnelly

Michigan Law Review

No clause of the Federal Constitution, making a grant of power, has, by judicial interpretation, been declared so broad and comprehensive in its scope as that clause which empowers Congress "to regulate commerce with foreign nations and among the several states and with the Indian tribes." In one of the very first cases in which the Supreme Court was called upon to consider the scope of this provision, it was quite properly held that under it, navigation was one of the important subjects which came within the federal power. Under it navigation was not only an important subject considered by …

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Note And Comment, Michigan Law Review Mar 1904

Note And Comment, Michigan Law Review

Michigan Law Review

Is Commerce Between a State and a Territory Interstate Comerce?; Right of Court to Instruct upon the Failure of Defendant to Testify in a Criminal Action; The Last of the Kentucky Bank Cases, and the Relations Between the State and Federal Courts; The Last of the Kentucky Bank Cases--Federal Tax Judgementss in STate Courts; Power of the Court to Order a Physical Examination in Personal Injury Cases; The Porto Rican is not an Allien; Mimicry as Infringement of Musical Composition;

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Latest Development Of The Interstate Commerce Power, Edward B. Whitney May 1903

Latest Development Of The Interstate Commerce Power, Edward B. Whitney

Michigan Law Review

The litigation under the anti-lottery act of 1895, has for the first time raised the important constitutional question whether congress, under its general power to regulate interstate commerce, can select any particular article and exclude it from interstate commerce altogether-whether the power to regulate involves the power to prohibit. For nearly a century after the foundation of the government no attempt was made by congress to restrict interstate commerce by excluding any article therefrom. Quarantine legislation, however, opened the way, and the anti-lottery act sharply raised the question of power. Lottery tickets in the earliest days of the republic were …

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Recent Important Decisions, Michigan Law Review May 1903

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Action by Undisclosed Principal; Agency--Authority to Sell Land--Notice of Revocation by Record; Agency--Good Faith--Commissions; Bankruptcy--Intent of Insolvent; Carriers--Damages for Loss of Market--Carriage of Goods Destined for Enegies--Seizure of Ships; Constitutional Law--Cigarettes--Original Package; Constitutional Law--Municipal Corporations--Validity of Ordinance Requiring Union Label; Constitutional Law--Vested Rights--Alimony; Contract--Rescission as Affecting Rights of a Stranger to the Consideration; Contract--Public Policy--Agreement to ASsist Attorney to Secure Clients; Courts--contempt--Publication of Evidence in Newspapers; Criminal law--burglary--Sufficient Breaking; Criminal Law--Embezzlement; Damages--Exemplary--Parol License--Revocable--Trespass; Damages--Reversing Judgment for Defendant in Order to Give Plaintiff Nominal Damages; Deeds--Grantees--Constructions; Deeds--Reservation--Construction--Extent of Property; Deeds--Reservation--effectin Equity--Implied Trust; Fraudulent Conveyance--Who are Creditors--claimant in Tort Action; Highways--Street Car …

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