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Articles 1 - 24 of 24
Full-Text Articles in Law
Growth And Development Of The Police Power Of The State, Collins Denny Jr
Growth And Development Of The Police Power Of The State, Collins Denny Jr
Michigan Law Review
The police power of the state is one of the most difficult phases of our law to understand, and it is even more difficult to define it and to place it within any bounds. In speaking of this power the court has recently said: "It extends not only to regulations which promote the public health, morals, and safety, but to those which promote the public convenience or the general prosperity. * * * It is the most essential of powers, at times the most insistent, and always one of the least limitable of the powers of government."' The term is …
Note And Comment, D Hale Brake, Edson R. Sunderland, Ralph W. Aigler, Leo W. Kuhn, Edwin C. Goddard
Note And Comment, D Hale Brake, Edson R. Sunderland, Ralph W. Aigler, Leo W. Kuhn, Edwin C. Goddard
Michigan Law Review
Constitutional Law - Applicability of First Ten Amendments to Unincorporated Territory - A man was killed aboard an American ship in a Virgin Island port. A police investigation was started the next day and continued for twelve days thereafter, during which twenty three witnesses were examined by the government. During most of the investigation the prisoners were present, and most of the testimony was translated into Spanish for their benefit, that being the only language they understood. No formal charge had been made against them and they were without counsel, but they were given an opportunity to "explain" after the …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Carriers - Telegram Not Order Required by Bill of Lading - A car of oil was shipped over the defendant's line to the order of the consignor, "notify Royal Crown Soap Limited" Plaintiff purchased the cargo, and the bill of lading was indorsed to him. Upon arrival of the car at its destination, the defendant notified Royal Crown Soap Limited. Plaintiff was notified, and sent this telegram: "Am doing all possible locate documents in order stop demurrage suggest you establish bond to produce documents and unload car." The soap company advised the defendant of receipt of the telegram, and the …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Constitutional Law - Adoption and Amendment - Rearrangement not a New Constitution. - A convention was authorized to propose revision, alterations, or amendments to the existing state Constitution. After proposing several amendments which were adopted at popular elections, the convention appointed a special committee to draft a rearrangement of the Constitution and amendments. The reported rearrangement contained slight changes of substance, while declaring that "Such Rearrangement shall not be deemed * * * to change the meaning or effect of any part of the Constitution * * * as theretofore existing or operative." This Rearrangement was adopted by the convention …
Note And Comment, Herbert F. Goodrich, Edson R. Sunderland, Victor H. Lane, Paul W. Gordon
Note And Comment, Herbert F. Goodrich, Edson R. Sunderland, Victor H. Lane, Paul W. Gordon
Michigan Law Review
The Domicile of a Wife - In 1908 Professor Dicey stated flatly, as a rule of the English law without exceptions, that the domicile of a married woman during coverture is the same as that of her husband, and changes with his." It is a rule which makes for hard cases and offers constant invitations for exceptions to meet the situations it creates. Must a deserted wife follow her husband to the ends of the earth to secure the domiciliary jurisdiction for divorce? May he, by shifting his own place of permanent residence, arbitrarily deprive her of capacity to make …
Note And Comment, Edwin C. Goddard, Edson R. Sunderland, George D. Clapperton, Herman A. August
Note And Comment, Edwin C. Goddard, Edson R. Sunderland, George D. Clapperton, Herman A. August
Michigan Law Review
Public Utility Valuations and Rates - In comparing the reports of the public utility commissions with the decisions of the courts on questions of valuation of public utilities, nothing is more striking than this-that as time goes on the commissions are growingly impatient of the cost of reproduction theory, while the courts still insist there is no inflexible method of fixing value, but continue to prefer largely figures as to supposed reproduction cost. This attitude of the commissions is remarkable in view of the fact that every finding may be carried to the courts for review and possible reversal. The …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attorney at Law - Disbarment - Disloyalty - Margolis was admitted to the bar in ioio and in disbarment proceedings he admitted he was an anarchist, a syndicalist, a communist, a Bolshevik, an I. W. W. and a member of the Union of Russian Workers. He had aided in the distribution through the mails of an anti-war magazine, was active in the organization of the Anti-Conscription League, and encouraged others to violate the laws of the land. He was disbarred, and although he had not been convicted under any statute, the Supreme Court of Pennsylvania affirmed the order, saying :-"He …
Note And Comment, Henry M. Bates, Lewis H. Mattern, Paul W. Gordon, Jean Paul Thomas
Note And Comment, Henry M. Bates, Lewis H. Mattern, Paul W. Gordon, Jean Paul Thomas
Michigan Law Review
Freedom of Press and Use of the Mails - Strangely enough, the First Amendment to the Federal Constitution, although it guarantees against federal attack highly important and fundamental rights, has received very little authoritative interpretation by our courts. It remained for the Gr&t War and conditions following in its train to bring before that tribunal almost the first really important controversies relating to freedom of press and of speech. The case of U. S. ex rel. Milwaukee Social Democratic Publishing Company, Plaintiff in Error, v. Postmaster-General Albert S. Burleson, decided March 7, 192i, is the- latest of a series of …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession - Life Tenant under Void Devise Holding Against Remainderman - Testratrix was seised in fee of certain tenements, which by a void will she devised to her husband for life with remainder over. The husband entered claiming under the will and held for the statutory period. UpOn his death the remainderman claimed possession under the will on the ground that as the husband also claimed under the will he was estopped from setting up its invalidity. Held, title in fee accrued to the husband and his heirs by adverse possession; for the will being void the husband was …
Departure From Precedent, H W. Humble
Departure From Precedent, H W. Humble
Michigan Law Review
With the death of the reason for it, every legal doctrine dies.' * * * The fact that the reason for a given rule perished long ago is no just excuse for refusing now to declare the rule itself abrogated, but rather the greater justification for so declaring; and if no, reason ever existed, that fact furnishes additional justification. The doctrine of stare decisis does not preclude a departure from precedent established by a series of decisions clearly erroneous, unless property complications have resulted and a reversal would work a greater injury and injustice than would ensue by following the …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession - Color of Title - Written Instrument. - Where the defendant under a parol gift of an entire tract of land, but without any "paper" titlq took actual possession of only a part of the tract, but claimed title up to its well-defined boundaries for the statutory period, it was held, in an action by the heirs of the donor, that the defendant had acquired title to the whole tract. Nelson v. Johnson (Ct. of App., Ky., r92o), 226 S. W. 94.
Note And Comment, Horace Lafayette Wilgus, Edson R. Sunderland, Carl G. Brandt, A George Bouchard
Note And Comment, Horace Lafayette Wilgus, Edson R. Sunderland, Carl G. Brandt, A George Bouchard
Michigan Law Review
Boycott - Clayton Act - In Duplex Printing Press Company v. Deering et al. (January 3, 192I) 41 S. Ct. 172, the facts were: The plaintiff, a Michigan corporation, manufactures at Battle Creek, and sells throughout the United States, especially in and around New York City, and abroad, very large, heavy and complicated newspaper printing presses. Purchasers furnish workmen, but ordinary mechanics alone are not competent to do this, and so they are supervised by specially skilled machinists furnished by plaintiffs. The plaintiffs have always operated on the "open shop" plan, without discrimination against union or non-union labor, either at …
Note And Comment, Albert G. Guetz, Edson R. Sunderland, Herman A. August, Edwin C. Goddard, Paul W. Gordon
Note And Comment, Albert G. Guetz, Edson R. Sunderland, Herman A. August, Edwin C. Goddard, Paul W. Gordon
Michigan Law Review
Declaratory Judgments - The widespread interest in this ntw form of remedial instrument, which was. somewhat dashed by the recent decision of the Michigan Supreme. Court 'n Amwmy v. Grand Ropds.Ry. Co. (r920), 211 Mich. 59, holding declaritoty relief to b! non-judicial and -outside the constitutional power of 'courts (9ig MicH. LAw Rzv. 86), has been revived by the action of'the legislature of. Kansas in enacting a derlaratory judgment statute almost identical with the .Michigan act.. This was done with full knowledge of the decision in the .4mmy case, and inasmuch -as it is well known that some of the …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession - Possession in One County Carries Possession to Claimed Boundaries in Another County - In an action of ejectment for a tract oft land lying in two counties, the defendant claimed title'by adverse possession undi- color of tiae. The question was whether actual possession in one county woul4 " give constructive possession in the other county. Hel, since the enactment of Section"6, Civil Code, allowing an action for ihe recovery of real property to be brought in the county in which the land -lie, ot any part thereof, actual possession in one couty, gives constructive possession in- the …
Damage Liability Of Charitable Institutions, Carl Zollman
Damage Liability Of Charitable Institutions, Carl Zollman
Michigan Law Review
The question of the liability of charitable institutions to actions for damages presents great difficulties. This is not due how- -ever to a lack of cases. The question has peculiarly "engaged the attention of the bench and bar of the country. The problem has been scrutinized from every conceivable viewpoint. The arguments for and against have well nigh been exhausted, and little, if anything, new remains to be advanced".' In their opinions the courts have frequently gone back to certain English cases disregarding the points decided but stressing certain dicta which have been uttered by the judges which decided them. …
Note And Comment, Alan W. Boyd, Ralph E. Gault, Horace Lafayette Wilgus, Edwin C. Goddard
Note And Comment, Alan W. Boyd, Ralph E. Gault, Horace Lafayette Wilgus, Edwin C. Goddard
Michigan Law Review
The Permanent International Court of Justice - For the first time in history leading powers both great and small have been able to agree upon a plan for an international court of justice. The plan was formulated last summer by an advisory committee of jurists sitting at The Hague. Since then it has been submitted to the Council and the Assembly of the League of Nations and has been approved. It will come into operation as soon as the project has been ratified by a majority of the nations belonging to the League
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Acknowledgment - Under a Statute Regulating Acknowledgments by Married Women - An Examination Made Over Telephone is not Sufficient - In a question involving the validity of a mortgage deed, it appeared that the acknowledgment of a Mrs. Bertholf had been taken by means of telephone. The court, in construing the Idaho statute regulating acknowledgments of married women, held that the clear intent of the statute was that all acknowledgments should be taken in person before the magistrati, and any attempted acknowledgment not taken in person, though correct in form and without suspicion of fraud, was void, being beyond the …
Preventive Justice Through Declaratory Relief, Edson R. Sunderland
Preventive Justice Through Declaratory Relief, Edson R. Sunderland
Other Publications
Professor Sunderland describes the history, and current directions, of declaratory judgments. "The practice of making declarations of right has completely revolutionized English remedial law. The American lawyer who peruses the current English reports is bewildered by their novelty...."
Public Policy And Personal Opinion, John B. Waite
Public Policy And Personal Opinion, John B. Waite
Articles
THE real relation of economics to law, only recently acquiring positive recognition, is illuminated by the varying decisions in regard to attempted restrictions on the enjoyment of personal property.
Due Process Of Law In Procedure, Edson R. Sunderland
Due Process Of Law In Procedure, Edson R. Sunderland
Articles
There are two classes of cases which may arise under the "due process" provisions of the 5th and 14th Amendments of the United States Constitution, so far as rules of procedure are concerned. One embraces cases of new remedial processes which may be criticized as too radical. The other consists of cases of old processes which may be criticized as obsolete and out of harmony with prevailing conceptions of justice. Due process may thus be said to fill the wide space between those innovations which carry us so far away from established methods as to remove the safeguards which are …
The Newberry Case, Ralph W. Aigler
The Newberry Case, Ralph W. Aigler
Articles
Senator Newberry of Michigan and sixteen others were convicted in the United States District Court on the charge that they "unlawfully and feloniously did conspire, combine, confederate, and agree together to commit the offense [in the Newberry indictment] on his part of wilfully violating the act of Congress approved June 25, 1910, as amended, by giving, contributing, expending, and using and by causing to be given, contributed, expended and used in procuring his nomination and election at said primary and general elections, a greater sum than the laws of Michigan permitted and above ten thousand dollars," etc. The Act of …
The Right Of A Jury In A Criminal Case To Render A Verdict Against The Law And The Evidence, Edson R. Sunderland
The Right Of A Jury In A Criminal Case To Render A Verdict Against The Law And The Evidence, Edson R. Sunderland
Articles
One George D. Horning was convicted of the criminal offense of doing business as a pawnbroker in the District of Columbia without a license. The jury, which rendered the verdict of guilty, were told by the court, in the course of the charge, that there really was no issue of fact for them to decide; that the evidence showed a course of dealing constituting a breach of the law, and that they were not warranted in capriciously saying that the witnesses for the government and for the defendant were not telling the truth; that it was their duty to accept …
The Permanent International Court Of Justice, Edwin D. Dickinson
The Permanent International Court Of Justice, Edwin D. Dickinson
Articles
For the first time in history leading powers both great and small have been able to agree upon a plan for an international court of justice. The plan was formulated last summer by an advisory committee of jurists sitting at The Hague. Since then it has been submitted to the Council and the Assembly of the League of Nations and has been approved. It will come into operation as soon as the project has been ratified by a majority of the nations belonging to the League.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Automobiles - Constitutionality of Statute Making Owner Liable for Injury Caused by Another's Negligent Driving The automobile of D, driven negligently by his fifteen-year-old son. injured P. In an action for damages, D offered evidence that his son took and was driving the automobile against his express orders. Held, such evidence is not admissible in view of PUBLIc AcTs or 1915, No. 302, Sec. 29, providing that if the motor vehicle is being driven at the time of the injury by an immediate member of the owner's family it shall be conclusively presumed that it was with the owner's consent …