Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Courts (9)
- Contracts (8)
- Family Law (8)
- State and Local Government Law (8)
- Bankruptcy Law (7)
-
- Constitutional Law (7)
- Evidence (7)
- Banking and Finance Law (6)
- Comparative and Foreign Law (6)
- Insurance Law (6)
- Property Law and Real Estate (6)
- Estates and Trusts (5)
- Legal Writing and Research (5)
- Torts (5)
- Transportation Law (5)
- Labor and Employment Law (4)
- Commercial Law (3)
- Legal History (3)
- Common Law (2)
- Jurisdiction (2)
- Jurisprudence (2)
- Legislation (2)
- Military, War, and Peace (2)
- Religion Law (2)
- Water Law (2)
- Admiralty (1)
- Agency (1)
- Animal Law (1)
- Communications Law (1)
- Keyword
-
- England (4)
- State courts (4)
- Attaint (2)
- Federal courts (2)
- History (2)
-
- Judicial administration (2)
- Juries (2)
- Martial law (2)
- Philippine Islands (2)
- Acceptances (1)
- Agents (1)
- American Church Property (1)
- Arbitration (1)
- Burial law (1)
- Canada (1)
- Cemetary (1)
- Church cemetary (1)
- Church property (1)
- Committee on Cities and Villages (1)
- Common carriers (1)
- Constitution (1)
- Contract theory of liability (1)
- Contractual liability (1)
- Courts of law (1)
- Cuba (1)
- Dead bodies (1)
- Declaration of war (1)
- Defence of the Realm Act (1)
- Department of Agriculture (1)
- Desecration of a corpse (1)
Articles 1 - 30 of 39
Full-Text Articles in Law
Martial Law And The English Constitution, Harold M. Bowman
Martial Law And The English Constitution, Harold M. Bowman
Michigan Law Review
On August 7th, 1914, three days after Great Britain had dedared war, a momentous statute, called the Deference of the Realm Act, was passed through the House of Commons with lightning speed, without a word of protest, in that spirit of decision and confidence which has marked the war measures of this Parliament.
The Attaint, John M. Zane
The Attaint, John M. Zane
Michigan Law Review
The assize of novel disseisinoriginally lay against the disseisor in possession in favor of the disseisee, and was soon extended to the heir of -the disseisee, but not against the heir or grantee of the disseisor. But the disseisor might be dead or might have conveyed the land, and in such a case the disseisee would be driven to the writ of right with iis delays and chance of battle. But the cases where the defendant had come into possession under a lawful title which was limited in time and had ceased to exist, i.. e., cases where there was …
Note And Comment, Ralph W. Aigler, Harry G. Gault, Thomas E. Atkinson, Harry R. Hewitt
Note And Comment, Ralph W. Aigler, Harry G. Gault, Thomas E. Atkinson, Harry R. Hewitt
Michigan Law Review
Special Assessments Upon Cemetaries - Though the power to tax cemeteries would seem to be'entirely clear, very commonly land devoted to such purpose is declared by constitution or statute to be exempt. See CooLY, TAxATION, (3rd ed.) 354. So also in the case of special assessments such land, in the absence of a clear exemption, is liable thereto. Bloomington Cemetery Assoc. v. People, i39 IIl. 16, 28 N. E. io76; Mullins v. Cemetery Assoc., 239 Mo. 681, i44 S. W. iog; Buffalo City Cemetery v. Buffalo, 46 N. Y. 5o3; Lima v. Lima Cemetery Assoc., 42 Oh. St. 128, 5! …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adoption - Inheritance from Natural Kindred - The plaintiff, a minor, by his guardian sued to recover his share of his deceased grandfather's estate under the law of succession of the state of California. After the death of his father and mother he had been adopted into another family. The statute of California provides that the natural parents of an adopted child are "relieved *** of all parental duties towards and all responsibilities for the child so adopted and have no right over it," and the child and persons adopting "shall sustain towards each other the legal xelation of parent …
Liability Of A Carrier Under A Bill Of Lading When The Goods Have Not Been Received By The Carrier, H S. Ross
Liability Of A Carrier Under A Bill Of Lading When The Goods Have Not Been Received By The Carrier, H S. Ross
Michigan Law Review
The coming into force on January I, 1917 in the United States of the FXDMAL BILL Or LADING AcT1 has given new interest to a question which was at one time much debated, namely: should a carrier whose shipmaster or agent has signed a bill of lading be liable to an innocent holder for value of such bill of lading if the carrier can show that the goods were never shipped?
Direct Primary Legislation In Michigan, Arthur C. Millspaugh
Direct Primary Legislation In Michigan, Arthur C. Millspaugh
Michigan Law Review
The first local direct nomination law in Michigan was passed ir 1901; the first general law in 1905. The public opinion, however, which looked to the abolition of the convention system of nomination, rather than to its legal regulation, had its inception as early as 1894. The unusually objectionable primaries of that year led to a pronounced but unorganized agitation for reform, in the course of which a few of the most radical proposed to abolish absolutely all conventions.1 The legislature of 1895 contented itself, however, with attempting the regulation of primaries and conventions, leaving most of the nominating machinery …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adjoining Landowners-Lateral Support.-Defendant was sued for injuries to plaintiff's dwelling on an adjoining lot caused by defendant's having -excavated on his lot after having given plaintiff notice of the intended excavation. Held, defendant, after having given plaintiff reasonable notice of 'the intended excavation, was not liable for injuries to plaintiff's building which resulted from defendant's "ordinarily careful excavation of his own lot:' Vandegrift, et al. v. Boward (Md. I916), 98 AtI. 528.
The Attaint, John M. Zane
The Attaint, John M. Zane
Michigan Law Review
The practice of attainting a jury was the method by which for centuries the English law corrected an erroneous finding of fact by the body of men who, in course of time, came to be called a jury. Today this necessary corrective of judicial administration is very inadequately performed by the judge or judges presiding over the trial. The proceeding is now called a motion for a new trial. The new trial is inadequate for the reason that it does not, as did the attaint, substitute a correct verdict for the one given. It merely reverses or sets aside the …
Note And Comment, Edgar N. Durfee, Harry J. Connine, Harry R. Hewitt, George C. Claassen
Note And Comment, Edgar N. Durfee, Harry J. Connine, Harry R. Hewitt, George C. Claassen
Michigan Law Review
The Mortgages in Possession in New York and in Michigan - It is interesting to observe how tenaciously the old common law of mortgages has persisted in the state of New York, the very cradle of the modem lien theory of the mortgage. As early as 18o2 Chancellor KENT began the importation into that state of Lord MANSFIELD'S Civil Law doctrines of mortgage. Johnson v. Hart, 3 Johns. Cas. 322. In 1814, in the case of Runyan v. Mersereau, ii Johns. 534, the lien theory definitely triumphed over the old law. In other cases, both before and since the statute …
Liability Of The Carrier To Passengers For Injuries By Its Servants, Renville Wheat
Liability Of The Carrier To Passengers For Injuries By Its Servants, Renville Wheat
Michigan Law Review
With the unprecedented development of the means' of transportation in the early nineteenth century, and the increased use of the corporate form of ownership and control of these means, the inadequacy of the familiar rule of law, respondeat superior, as a protection to the travelling public from the torts of the carrier's servants was recognized. The majority of courts applied with the utmost rigor a test which determined the master's liability by considering whether the act complained of was within the scope of the servant's authority. Some few courts said that the liability depended rather upon whether the act was …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Book Reviews, Joseph H. Drake
Book Reviews, Joseph H. Drake
Michigan Law Review
A collection of book reviews by multiple authors.
Game Protection And The Constitution, Edward S. Corwin
Game Protection And The Constitution, Edward S. Corwin
Michigan Law Review
The Agricultural Department Appropriation Act of March 4, 1913, contains these provisions: "All wild geese, wild swans, brant, wild ducks, snipe, plover, woodcock, rail, wild pigeons, and all other migratory game and insectivorous birds which in their northern and southern migrations pass through or do not remain permanently the entire year within the borders of any state or territory, shall hereafter be deemed to be within the custody and protection of the government of the United States, and shall not be destroyed or taken contrary to regulations hereinafter provided therefor."
Tax Exemptions Of American Church Property, Carl Zollmann
Tax Exemptions Of American Church Property, Carl Zollmann
Michigan Law Review
The exemption from taxation of public property in the various states of the Union rests on reason and presents no difficulty. If a state were to tax its own property or the property of the counties, cities, towns and villages created by it, the burden of the ultimate taxpayer would not be lightened in the least. Since such property is not only acquired but also maintained at public expense the money necessary for this purpose must in any case be ultimately paid by the owners of private property. An attempt to tax public property would only make the bookkeeping of …
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.
Status Of The Philippines, George A. Malcolm
Status Of The Philippines, George A. Malcolm
Michigan Law Review
The mainland included within the boundaries of the United, States proper is now made up of States, and of the District of Columbia, specially created for the national capital. Outside of this compact territory are other units, not States, related in. some manner to the national government.
Reception Of The Roman Law In Germany, Charles Sumner Lbingier
Reception Of The Roman Law In Germany, Charles Sumner Lbingier
Michigan Law Review
As in other countries. it was the universities which prepared the way for the Reception of Roman Law in Germany. Many of those great institutions which still .lead the world in learning date from about the middle of the thirteenth century, and instruction in foreign law was offered from the beginning. At first the emphasis was placed on the Canon law -but chairs of Roman law were established at Heidelberg in 1387, at Basel in 146o, at Ingolstadt in 1472, at Tfibingen in 1477, at Freiburg in 1479, at Vienna in 1493 and at Greifswald in 1498, and were filled …
Note And Comment, Evans Holbrook, Myron Mclaren, Walter F. Whitman
Note And Comment, Evans Holbrook, Myron Mclaren, Walter F. Whitman
Michigan Law Review
The Death of President Angell - The death of Dr. James Burrill ANGELL, president-emeritus of the university, has deprived the law school of a sympathetic and helpful friend. Such was the catholicity of Dr. ANGL'S mind and his intellectual interests that probably all departments of the university felt and had good reason to feel that he was in some special sense the interested friend of each.
Recent Important Decisions; Book Reviews, Edwin C. Goddard, John R. Rood
Recent Important Decisions; Book Reviews, Edwin C. Goddard, John R. Rood
Michigan Law Review
A collection of recent important court decisions and book reviews.
Form Of The General Acceptance, F Thulin
Form Of The General Acceptance, F Thulin
Michigan Law Review
Of the various subdivisions of the law of commercial paper, the form of the acceptance is one that in a way has had the most diversified history. Furthermore, from its very nature, and from the fact that the law merchant was very seldom touched by statute, and from the fact that the common law attached no particular significance toa writing (except as to writings under seal and as to writings required by the Statute of Frauds), the form of the acceptance was possible of a rather elaborate analysis.
Note And Comment, John B. Waite, Thomas H. Westlake, William C. Mullendore, Harry B. Sutter
Note And Comment, John B. Waite, Thomas H. Westlake, William C. Mullendore, Harry B. Sutter
Michigan Law Review
Dean Pound Harvard has honored itself in the appointment of Roscoe POUND to the deanship of its law school
Power Of The President Over Foreign Affairs, Allen Welsh Dulles
Power Of The President Over Foreign Affairs, Allen Welsh Dulles
Michigan Law Review
In a recent article former Assistant Attorney General James M. Beck challenges the constitutionality of the measures which President Wilson has taken in the carrying out of the foreign affairs policy of this government. While his criticism is especially directed against the action of the President in appointing such confidential agents as John Lind and Colonel House without the consent of the Senate, he makes the sweeping assertion that the President must share the general control of foreign affairs with the Senate. Mr. Beck's position is clearly shown in the following quotations from his article: "Those provisions of the Constitution …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Inquiry Concerning Justice, Floyd R. Mechem
Inquiry Concerning Justice, Floyd R. Mechem
Michigan Law Review
Justice, said Daniel Webster, "is the greatest interest of man on earth." Alexander Hamilton, in the Federalist, declared "Justice is the end of government. It is the end of civil society. It has ever been, and ever will be, pursued until it be obtained, or until liberty be lost in the pursuit."
Church Cemeteries In The American Law, Carl Zollmann
Church Cemeteries In The American Law, Carl Zollmann
Michigan Law Review
One of the most usual sights in any rural community in the United States is a church edifice with a cemetery in the immediate neighborhood. This condition of affairs, where a church society antedates the municipal corporation within whose limits it exists, can even occasionally be found in populous cities. Such cases, however, are fast disappearing. The demands of commerce and the doctrines of modern sanitation are too strong to be resisted. When a cemetery situated in the heart of a city is not abandoned on account of the monetary inducements held out by commercial interests, the law-making power of …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Book Reviews, Willard Barbour, John R. Rood, John B. Waite
Book Reviews, Willard Barbour, John R. Rood, John B. Waite
Michigan Law Review
A collection of book reviews by multiple authors.
Note And Comment, Walter F. Whitman, William C. Mullendore, Myron Mclaren, Harry B. Sutter, Renville Wheat
Note And Comment, Walter F. Whitman, William C. Mullendore, Myron Mclaren, Harry B. Sutter, Renville Wheat
Michigan Law Review
Attempt, Assault, and Assault with Intent - The case of State v. Lewis, decided in October, 1915, by the Supreme Court of Iowa, has an interesting bearing upon the law of assault and of criminal attempts. Two men, Tropp and Cox, observed a third, Dunlevy, asleep on a cot with a pocketbook under his pillow. Tropp armed himself with a leather sap and a loaded revolver and moved quietly to the head of the cot, when Dunlevy, feeling the presence of some one in the room, sprang to his feet. Tropp fled from the room with Dunlevy after him, but …
Charter Amending Powers Of Cities Under Michigan Home-Rule Legislation, Robert R. Jacobson
Charter Amending Powers Of Cities Under Michigan Home-Rule Legislation, Robert R. Jacobson
Michigan Law Review
The recent development in Michigan of the idea of home-rule for cities and villages makes the relation of municipal to state government there a matter of particular interest at the present time. The constitution of 1908 provided that the legislature should pass general laws giving to cities and villages the power to construct their own charters.1 The next two assemblies both attempted to frame statutes in accord with this general provision, 2 but the decisions of the Supreme Court in a number of important cases showed that these acts failed of their purpose. Having found that under the constitution as …
Note And Comment, John B. Waite, Werner W. Schroeder, Russell H. Neilson, Harry L. Bell, Walter F. Whitman, C E. Eldridge
Note And Comment, John B. Waite, Werner W. Schroeder, Russell H. Neilson, Harry L. Bell, Walter F. Whitman, C E. Eldridge
Michigan Law Review
Recovery of the Purchase Price Before Title Has Passed - In an action recently instituted' by The General Electric Co. to recover on a contract to manufacture certain machinery for the defendant, which machinery the defendant had refused to accept, the trial court adopted the contract price as the measure of damages. The upper court approved this measure of damages, rejecting the argument that the measure should have been the difference between the market value and the contract price, and dismissed, as no longer appropriate to modern conditions, the decisions in Bement v. Smith, 15 Wend. (N. Y.) 493, and …