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Full-Text Articles in Law

International Law-Recognition Of Governments May 1928

International Law-Recognition Of Governments

Michigan Law Review

The decision of the Circuit Court of Appeals for the Second Circuit recently brought to a close an interesting piece of litigation which had been dragging its way through the courts for several years. The issue on the international law point was so sharply presented, the counsel so able, investigation so completely exhaustive, and the recovery so substantial that the case has been given full attention by the newspapers as well as by legal commentators.


Damages-Apportionment Of Punitive Damages In An Action Against Agent And Corporation Jointly May 1928

Damages-Apportionment Of Punitive Damages In An Action Against Agent And Corporation Jointly

Michigan Law Review

The recent South Carolina case of Johnson v. Atlantic Coast Line R. Co., presents, it is submitted, an undesirable extension of the rule announced in Goddard v. Grand Trunk R. Co. The latter decided that a corporation or principal is liable in punitive damages for a malicious act of its agent committed in the course of, or in connection with, his duties or employment. The prevailing opinion seems to be that the principal is liable (in exemplary damages) only when he has authorized, participated in, or ratified the act of the agent. or was negligent in the selection of …


Constitutional Law-Methods Of Testing The Constitutionality Of Rate Status Involving Heavy Penalties Feb 1928

Constitutional Law-Methods Of Testing The Constitutionality Of Rate Status Involving Heavy Penalties

Michigan Law Review

Where a state statute prescribes maximum intrastate railroad rates and also attaches heavy penalties for violations of the statute by a railroad or its agents, and where a railroad thinks the rates are confiscatory and hence unconstitutional, it is faced with an apparent dilemma. Must it either submit to the supposed confiscatory rates or else run the chance of incurring heavy penalties in case the statute is held constitutional? Or, is there another alternative-a painless way of testing the validity of the rates?