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Articles 211 - 240 of 259
Full-Text Articles in Law
What Should The American Law Institute Do?, Hessel E. Yntema
What Should The American Law Institute Do?, Hessel E. Yntema
Michigan Law Review
It will generally be agreed, I believe, that the creation of the American Law Institute in 1923 was one of the most hopeful events in the recent legal history of this country. The plan for the Institute, as formulated in the impressive report which motivated its establishment, was well-conceived, broad-visioned, and based upon a comprehensive analysis of the chief defects in the legal system of the United States. This plan was significant in at least three important respects. In the first place, it defined an ambitious and, in some respects, a unique task for the Institute to accomplish; the report …
Attorney And Client-Forfeiture Of Right To Fee For Failure Of Attorney To Register Under Integrated Bar Act
Michigan Law Review
Plaintiff, an attorney, sued for reasonable value of professional services rendered to defendant. The Washington integrated bar act requires all attorneys to register annually at certain date and to pay a registration fee. Those who fail to comply are deemed to be under suspension until the provisions are complied with. At the time these services were performed plaintiff was in default. Held, this requisite is a condition imposed for the privilege of exercising a lawyer's franchise. Failure to comply forfeits plaintiff's right to compensation for professional services undertaken during the period of default. Smith v. Kneisley, (Wash. 1935) …
May The Bar Set Its Own House In Order?, Lowell Turrentine
May The Bar Set Its Own House In Order?, Lowell Turrentine
Michigan Law Review
California is a particularly appropriate jurisdiction to be used as the basis for a study such as the present. Its State Bar Act of 1927 was one of the early, detailed, legislative attempts to confer self-governing powers upon the bar, its decisions have become leading cases on the questions of constitutionality and construction thus presented, and its reported disciplinary cases far outnumber those of any other state-baract jurisdiction. Consideration of the relative merits of different methods of bar integration is outside the scope of this paper. But no inference should be drawn from anything herein that a statutory bar of …
A Proposed Plan Of Classification For The Law, Charles C. Ulrich
A Proposed Plan Of Classification For The Law, Charles C. Ulrich
Michigan Law Review
One of the greatest needs of the law today is a satisfactory plan of classification. Whenever codes have been drafted, or digests and encyclopedias of the law compiled, from the time of the Romans to the present, the first problem that presented itself was always that of classification. The question of classification was considered when the work of the American Law Institute was begun and the restatement of the law attempted, though it does not seem to have been given the attention it merited. And despite various schemes of legal classification that have been proposed in the course of time, …
Constitutional Law - Reinstatement Of Attorney - Constitutionality Of Pardon Statute - Legislative Encroachment On Judicial Power
Michigan Law Review
In proceedings based on the record of his conviction for attempted extortion, the petitioner was disbarred. Having received a full pardon from the governor, he sought reinstatement, relying on a statute which purported to make reinstatement mandatory on the court upon proof of the pardon. Held, the statute is unconstitutional in so far as it directs the court to reinstate a disbarred attorney without a showing of moral rehabilitation. It is an encroachment by the legislature upon the inherent power of the court to admit attorneys to practice and in effect vacates a judicial order by legislative mandate. In …
Attorney And Client-Appropriate Penalty For Embezzlement As Executor
Attorney And Client-Appropriate Penalty For Embezzlement As Executor
Michigan Law Review
An attorney over a period of two years converted for his own purposes $12,500 from two estates of which he was executor. Although the Chicago Bar Association Committee on Grievances recommended disbarment it was held, three justices dissenting, that defendant should be suspended for two years and until complete restitution was made. In re Borchardt, (III. 1934) 192 N. E. 383.
Legal Aid Clinics In Less Thickly Populated Communities, John S. Bradway
Legal Aid Clinics In Less Thickly Populated Communities, John S. Bradway
Michigan Law Review
Legal aid work, whether performed by independent societies, or by clinics connected with law schools, has ceased to be a novelty in large cities, especially in the northeastern and extreme western parts of the United States. When one comes to examine the progress of this charitable aspect of law practice in less thickly settled communities, a definite orientation is necessary. There is little literature dealing either with the need in rural sections and the smaller cities for definite organizations or the question as to whether there is enough clinical material to make possible a law school course in this field. …
Lay Encroachments On The Legal Profession, E. Smythe Gambrell
Lay Encroachments On The Legal Profession, E. Smythe Gambrell
Michigan Law Review
The holding of the Minnesota supreme court in the Otterness case that: "Neither a corporation nor a layman, not admitted to practise, can practise law, nor indirectly practise law by hiring a licensed attorney to practise law for others for the benefit or profit of such hirer" is one of many recent judicial pronouncements in defense of the legal profession. These decisions may prompt many individuals to ask why there should be a professional monopoly in the practise of law. Governmental restraint against free and unregulated practise of law is not for the purpose of advancing the individual interests of …
Process--Privilige Of Nonresident Attorney
Process--Privilige Of Nonresident Attorney
Michigan Law Review
The defendant, an attorney at law and resident of Minnesota, came into Wisconsin to take depositions to be used in suits pending in Minnesota. Upon arrival he and the witnesses were served with an injunction restraining the taking of the depositions. While awaiting a hearing upon the injunction, in which he intended to appear in his own behalf and as attorney for the witnesses, personal service of a Wisconsin summons in the instant action was made upon him, naming as defendants himself and the law firm of which he was a member. A motion to set aside the service of …
Corporations-What Amounts To Practice Of Law-Solution Of The Difficulty By Agreements
Corporations-What Amounts To Practice Of Law-Solution Of The Difficulty By Agreements
Michigan Law Review
The defendant trust company advertised that it made a specialty of drawing contracts, deeds, mortgages and wills. It also purported to specialize in the drawing of trust agreements and the management of estates. In a statutory contempt proceeding, upon proof of the performance of these functions for compensation, held the defendant was engaged in the practice of law, and guilty of contempt. In re Eastern Idaho Loan and Trust, Co. (Idaho 1930) 288 Pac. 157.
Tenure Of Office Under The Constitution, Everett S. Brown
Tenure Of Office Under The Constitution, Everett S. Brown
Michigan Law Review
A review of TENURE OF OFFICE UNDER THE CONSTITUTION By James Hart.
The Law Institute And The Teacher Of Law, Herbert F. Goodrich
The Law Institute And The Teacher Of Law, Herbert F. Goodrich
Michigan Law Review
The American Law Institute will soon be five years old. It is not necessary here to describe its aims and purposes; every law teacher knows of the state of our law that brought the Institute into being, and of the high hopes which are entertained of its influence and accomplishments. Beginnings have been made in Trusts and Property. Substantial progress has been shown in Agency, Contracts, Conflict of Laws, and Torts, as well as the code of criminal procedure. We have by this time an appreciable amount of the product of the body which is restating our law. How can …
Note And Comment, Edwin C. Goddard, George Seletto, Edson R. Sunderland, Victor H. Lane, Burke Shartel, George E. Longstaff
Note And Comment, Edwin C. Goddard, George Seletto, Edson R. Sunderland, Victor H. Lane, Burke Shartel, George E. Longstaff
Michigan Law Review
Carriers - Second Cummins Amendment - It was seven years after the Carmack Amendment of the Hepburn Act of i9o6 before the Supreme Court began that series of decisions, extending from Adams Express Co. v. Croninger, 226 U. S. 491 (1913), to George N. Pierce Co. v. Wells, Fargo & Co., 236 U. S. 278 (1915), which directly resulted in the First Cummins Amendment of March, 1915. One has only to read those cases, reviewed in 13 Micn. L. REv. 59o, and other notes referred to in 17 MICH. L. Rzv. 183, to see that the language of the Cummins …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Assignments- Assignment of an Expectancy - Joseph and James were two of six children. A contract witnessed "that Joseph Snyder has sold to James Snyder one undivided sixth of the real estate owned by the mother, Susan Snyder; to secure said interest to James after her death, the mother unites in the conveyance of said interest The said Joseph warrants and defends the interest from all claims." The contract was signed by Joseph and by the mother. Held, Joseph had no estate which he could convey, and the contract, though made with the consent of the mother, was unenforceable either …
Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin
Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin
Michigan Law Review
The title of this brilliant little volume might, more accurately, have been, "The Spirits of the Common Law," for it depicts the common law as the battleground of many conflicting spirits, from which a few relatively permanent ideas and ideals have emerged triumphant. As a whole, the book is a pluralistic-idealistic interpretation of legal history. Idealistic, because Dean Pound finds that the fundamentals of the 'common law have been shaped by ideas and ideals rather than by economic determinism or class struggle; he definitely rejects a purely economic interpretation of legal history, although he demands a sociological one (pp. io-ii). …
Book Reviews, Nathan Isaacs, Horace Lafayette Wilgus, Arthur H. Basye, Leonard D. White, Victor H. Lane, Edwin D. Dickinson
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 …
Book Reviews, John B. Waite, Edwin C. Goddard, Edwin D. Dickinson
Book Reviews, John B. Waite, Edwin C. Goddard, Edwin D. Dickinson
Michigan Law Review
The purpose of this book is, to quote from the preface, "to present a clear, accurate, and impartial study of the law in the hope of offering assistance to those who are attempting to choose a career or who are about to enter upon the profession. This necessitates a review of the nature of the law, present day legal conditions, personal and educational requirements, the dangers and disadvantages incident to practice, the high professional demands made upon the lawyer, the varied fields of service open to him, his probable earnings and emoluments,--in a word, all that has a distinct and …
Note And Comment, Ralph W. Aigler, Edgar N. Durfee, Werner W. Schroeder, Arthur A. Morrow, Harry B. Sutter, Russell H. Neilson
Note And Comment, Ralph W. Aigler, Edgar N. Durfee, Werner W. Schroeder, Arthur A. Morrow, Harry B. Sutter, Russell H. Neilson
Michigan Law Review
Estates in Fee Tail - Quite generally estates in fee tail under the STATUTE DE DONIS were recognized by the states as a part of the common law. Statutory provisions in the way of modification and abolishment of such estates, however, are very common. The nature and scope of the statutory provisions have varied. See the states classified according to the character of the legislation in BREWSTER, CONVEYANCING, § § 142, 143.
Some Myths Of The Law, Walter Clark
Some Myths Of The Law, Walter Clark
Michigan Law Review
When I was a child, I spake as a child, I understood as a child, I thought as a child; but when I became a man, I put away childish things." These words of the great Apostle to the Gentiles apply to every calling and to every profession under the sun save only that of the law.
Lay Tradition As To The Lawyer, Roscoe Pound
Lay Tradition As To The Lawyer, Roscoe Pound
Michigan Law Review
We all know the lay tradition as to the lawyer. Mike Monaghan rhymes lawyer with trier. He tells us that the Probate Court is instituted to see that "iviry mimber of the bair gits a fair chanct at phwat the dicaysed didn't take wid 'im." In the timeworn anecdote of the epitaph "here lies an honest lawyer" everyone is ready to say, "that's Strange."' Laymen, who, sitting as arbitrators, will insist on technicalities which the law would instantly reject, and in corner-grocery discussions will argue that a contract signed with a lead pencil is void for informality, are quite sure …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Defects In Our Legal System, Henry M. Bates
Defects In Our Legal System, Henry M. Bates
Michigan Law Review
That the practice of law and the administration of justice are under a fire of popular distrust and criticism of extraordinary intensity requires no proof. A fact of which there is evidence in numerous contemporary books, in almost every magazine, in the daily papers, in the remarks, or the questions, or it may be in the sneers, of one's friends, requires no further demonstration. The only questions of importance to be answered are to what extent this criticism and this distrust are well founded, what are the remedies for such defects as exist, and how and by whom should they …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Note And Comment, Ralph W. Aigler, Paul P. Farrens, Newton K. Fox, Leonard F. Martin, Albino Z. Sycip
Note And Comment, Ralph W. Aigler, Paul P. Farrens, Newton K. Fox, Leonard F. Martin, Albino Z. Sycip
Michigan Law Review
Provability in Bankruptcy of Claims Arising out of Alimony Decrees or Separation Agreements Between Husband and Wife; The Scope and Function of the Federal Employer's Liability Act; Control by the Judiciary Over the Chief Executive of a State; What Constitutes an Appearance in an Action for Divorce; The Question of the Validity of a Stipulation for Attorney's Fees Under the Negotiable Instruments Law
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attachment--Power of Notary Public to Take Affidavit Where He is an Attorney for One of the Parties; Bankruptcy--Effect of Discharge--Res Adjudicate; Bills and Notes--Presentment and Demand by Telephone; Constitutional Law--Commerce--State Regulation of Interstate Telegrams; Constitutional Law--community Property--Alienation Without Consent of Wife; Corporations--Criminal Responsibility--Imputation of Intent and Knowledge; Corporations--Dividends--Compulsory Declaration; Corporations--Stockholder's Right to Examine Books--Motive; Easements--Grants for Pipe Lines--Rights Acquired--Telephone Line; Evidence--Character of Disbarment Proceedings--Use of Deposition; Evidence--Uncorroborated Testimony of an Accomplice; Fraudulent Conveyances--Voluntary Conveyances--Solvency and Insolvency of Grantor; Homestead--When Liable for Debts; Husband and Wife--Exception to Presumption of Coercion--House of Ill Fame; Injunction--Action on Note by Attorney Against Client--Remedy at …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy--rights of Action Passing to Trustee--Injury to Property; Banks and Banking--Who May Question the Power of National Banks to Take Real Estate in Trust; Bills and Notes--Avoidance of Indorser's Liability by Fraudulent Representations of Indorsee; Carriers--Is the Ticket Conclusive Evidence of the Passenger's Right to be Carried?; Carriers--When does the Liability of a Carrier change to That of A Warehouseman?; Constitutional Law--Equal Protection of the Law--Right to Hunt and Fish; Constitutional law--Liberty and Freedom of Conscience--Right to Wear a Religious Garb in Public Schools--Power of the Legislature; Contracts--Implied Contracts--Persons in Family Relations; Contributory Negligence--Acts in Emergency--Emergency Caused by Party Injured--Saving …
The Practice Of Law In Quebec Province, Canada, Howard S. Ross
The Practice Of Law In Quebec Province, Canada, Howard S. Ross
Michigan Law Review
There are not more than one hundred and forty practicing English lawyers in the whole Province but they practically all read French and the greater number speak French sufficiently well to conduct business or examine a witness in Court. Lawyers from the other Provinces seldom seek admission to the Quebec Bar unless they are prepared to specialize in some branch of law in which they have gained a national reputation, or enter some established firm. Lawyers of other Provinces seeking to become members of the Quebec Bar are asked to pass an oral examination on the Statute Law of the …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attorney and Client--Authority of Attorney--Compromise; Attorney and Client--Disbarment--Reasonable Doubt; Bankruptcy--Corporations Subject to Involuntary Bankruptcy--Amendment of 1910; Bankruptcy--Following Trust Funds into Hands of Trustee in Bankruptcy; Bills and Notes--Notice by Mail--Proof of Mailing; Bills and Notes--Right of Drawee of Forged Check or Draft to Recover Money Paid Thereon; Boundaries--Line Between Riparian Owners; Boundaries--Monuments Give Way to Courses and Distances; Carriers--Limitation of Amount of Recovery in Case of loss of Baggage; Charities--Testamentary Trusts--Gift for Masses; Constitutional Law--Religious Liberty--Religious Exercises in Schools--Bible; Contracts--In Restraint of Trade--When Valid; Courts--Doctrine of Stare Decisis; Evidence--Admissibility of Confessions; Evidence--Admissibility of Market Quotations; Executors and Administrators--Denial of Application …