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Full-Text Articles in Law

Trade Restraints - Is The United States A Person Within The Treble Damages Provision Of The Sherman Antitrust Act?, William C. Whitehead Nov 1941

Trade Restraints - Is The United States A Person Within The Treble Damages Provision Of The Sherman Antitrust Act?, William C. Whitehead

Michigan Law Review

The United States filed a complaint charging that defendants had attempted collusively to fix prices in bids submitted by them to the federal government. A judgment for three times the money damages sustained was sought under the Sherman Antitrust Act. Held, that the United States is not a person within section 7 of the act under which relief was demanded. United States v. Cooper Corp., 312 U. S. 600, 61 S. Ct. 742 (1941).


Substance And Procedure In The Conflict Of Laws, Edgar H. Ailes Jan 1941

Substance And Procedure In The Conflict Of Laws, Edgar H. Ailes

Michigan Law Review

It is perhaps the most inveterate doctrine of the conflict of laws that all questions of procedure in a given instance are governed by the lex fori, or the law of the court invoked, regardless of the law under which the substantive rights of the parties accrued. For seven centuries, at least, courts and lawyers have broadly stated or assumed to be axiomatic the rule that substantive rights are fixed and immutable whilst the procedural devices by which such rights may be vindicated and enforced depend solely upon the law of the forum.