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Articles 1 - 10 of 10
Full-Text Articles in Law
Social And Economic Interpretation Of The Fourteenth Amendment, Robert Eugene Cushman
Social And Economic Interpretation Of The Fourteenth Amendment, Robert Eugene Cushman
Michigan Law Review
For those who love precision and definiteness the question of the application of the Fourteenth Amendment to social and economic problems remains an irritating enigma. The judicial construction of due process of law and the equal protection of the law has from the first discouraged systematic analysis and defied synthesis. More than one writer has emerged from the study of the problem with a neat and compact set of fundamental principles, only to have the Supreme Court discourteously ignore them in its next case. But paradoxical as it may seem, those who long for a wise and forward-looking solution of …
Indemnity Act Of 1863 A Study In The War-Time Immunity Of Governmental Officers, James G. Randall
Indemnity Act Of 1863 A Study In The War-Time Immunity Of Governmental Officers, James G. Randall
Michigan Law Review
One of the familiar measures of the Union administration during the Civil War was the suspension of the habeas corpus privilege and the consequent subjection of civilians to military authority. The essential irregularity of such a situation in American law is especially conspicuous when one considers its inevitable sequel-namely, the protection of military and civil officers from such prosecution as would normally follow invasion of private rights and actual injury of persons and property. Such protection was supplied by a bill of indemnity passed in 1863, and this law, with its amendment of i866, forms a significant chapter in the …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Admiralty - Workmen's Compensation - Is a Hydroplane a Vessel? - Claimant was employed in the care and management of a hydroplane which was moored in navigable waters. The hydroplane began to drag anchor and drift toward the beach, where it was in danger of being wrecked. Claimant waded into the water and was struck by the propeller. Held, claimant is not entitled to compensation under the Workmen's Compensation Law, since a hydroplane while on navigable waters is a vessel, and therefore the jurisdiction of the admiralty excludes that of the State Industrial Commission. Reinhardt v. Newport Flying Service Corp. …
Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell
Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell
Michigan Law Review
Cases Arising under the Constitution or Laws of the United States. The question whether a case presents a "federal question," so called, is raised in a number of the controversies in which the asserted federal question was considered and answered. Only a few of these instances need special mention. In Hartford Life Ins. Co. v. Blincoe,3 after reversal by the Supreme Court of a state judgment against a defendant, a second judgment was rendered by the state court on different grounds. These included holding an assessment on an insurance policy to be void for the inclusion of a state tax …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession - What Acts of Strangers Constitute an Interruption - Claimant by adverse possession showed that he had fenced in the land in controversy, and had used it for pasturing cattle during a period sufficient to satisfy the Statute of Limitations. Defendant offered evidence to show that strangers had trapped upon this land during the greater part of this period, and that one party in particular had repeatedly set traps there over protests of the adverse claimant, and that no action had been successfully prosecuted against hi,-although adverse claimant had threatened to prosecute. It did not appear whether the …
Requisitioned And The Government-Owned Ship, J. Whitla Stinson
Requisitioned And The Government-Owned Ship, J. Whitla Stinson
Michigan Law Review
Jurisdiction over requisitioned and government-owned merchantmen and their liabilities under maritime laws are questions which present no real novelty. They were regarded by the ancient sea-law and were as familiar to it as they have recently become,-on account of the exigencies of the late war, to the admiralty systems of to-day. The maritime law of Rome supplies modem cases with the most cogent parallels and is reflected today in the jurisprudence of France and other continental and Latin countries. The jurisdictional question which figures most prominently in these cases relates to the authority to arrest or libel the property of …
Service As A Requirement Of Due Process In Actions In Personam, Charles Kellogg Burdick
Service As A Requirement Of Due Process In Actions In Personam, Charles Kellogg Burdick
Michigan Law Review
A prime requisite of due process is, of course, that the court shall have jurisdiction of the subject-matter. "To give such proceedings any validity, there must be a tribunal competent by its constitution-that is, by the law of its creation-to pass upon the subject-matter of the suit."' In proceedings in personam-proceedings to determine the personal liability of the defendant, no property being brought by the proceedings within the control of the court-the court must also have jurisdiction of the defendant. Attempts have repeatedly been made to take jurisdiction of nonresident defendants through service by publication or through personal service made …
Note And Comment, William C. O'Keefe, Edson R. Sunderland, Grover C. Grismore
Note And Comment, William C. O'Keefe, Edson R. Sunderland, Grover C. Grismore
Michigan Law Review
Taxation - Internal Revenue Act - Under the federal Revenue Act of i921 the taxable profit or deductible loss on sales of stock, bonds and other property is the actual profit or loss, if the purchase was after February I, 1913. Act, § 2o2 (a). The tax payer (other than a corporation) may, however, at his option, pay a flat tax of 1232% on his profit, provided he has held the property more than two years, and provided further that he first deducts losses on other property, and provided further, that his total tax is at least 1232% of his …
Note And Comment, D. Hale Brake, Joseph H. Drake, George Seletto, Ralph W. Aigler
Note And Comment, D. Hale Brake, Joseph H. Drake, George Seletto, Ralph W. Aigler
Michigan Law Review
Attorney's Interest in His Case undera Contract for Contingent Fees - Absolute protection for an attorney who has given services in a cause wherein he runs the risk of receiving no compensation for his efforts would require that he be considered as having an equitable assignment of the specified percentage of the judgment from the filing of the first paper, and that he have the right to carry the case through to final judgment, on his own behalf, any desire of his client to discontinue, dismiss or compromise to the contrary notwithstanding. On the other hand, the courts frequently say …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession - Marketable Title - Land had been in the possession of P and his predecessors for twenty-eight years in such a manner that the court found that, beyond a reasonable doubt, title had been established by adverse possession. Held, that P could give D, a purchaser, a good and marketable title. Winer v. Hooper (Md., i92I), 115 Atl. 31.