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Full-Text Articles in Law

Declaratory Judgments And Insurance Litigation, Edwin Borchard Jan 1939

Declaratory Judgments And Insurance Litigation, Edwin Borchard

Faculty Scholarship Series

The passage of the Federal Declaratory Judgments Act in 1934 has stimulated throughout the country the employment of the action for declaratory judgment In few branches of commercial activity has it been used more successfully than in insurance litigation. It would be hard to say whether this new device for the construction of written instruments and the clarification and adjudication of all types of legal relations has been more effectively used for the determination of disputed status, the construction of contracts, conflicting claims to property, or administrative law disputes between the Government and the citizen.


Municipal Debt Adjustment And The Supreme Court, George H. Dession Jan 1936

Municipal Debt Adjustment And The Supreme Court, George H. Dession

Faculty Scholarship Series

LAST May the Supreme Court of the United States once again entered
what has been described as "a vast arena . . . filled with special interests
which conflict and contradict and clamor."' This is the scene of local
government defaults- and of the struggles and negotiations to which they
give rise. Their frequency and wide geographical distribution since 1926
have become common knowledge.2 Our institutional unpreparedness to
cope with such situations in a manner wholly compatible with the
public interest has likewise been demonstrated. Not that this unpreparedness
should have been news; but so few were the defaults between
1900 and ...


The Uniform Declaratory Judgements Act, Edwin Borchard Jan 1934

The Uniform Declaratory Judgements Act, Edwin Borchard

Faculty Scholarship Series

Minnesota is the thirtieth American state to adopt in one form or another, the procedure for declaratory judgments, and the eighteenth to adopt the Uniform Act. The bill proposing it had been pending in the Minnesota legislature for a number of years, and the Uniform Law Commissioners of Minnesota, notably Mr. Donald E. Bridgman, had devoted much energy and intelligence to eliciting the experience of other states as to the practical operation of the act for the information of the Minnesota legislature and, incidentally, of other states that had not yet adopted it. Its passage, therefore, is something of a ...


Foreign Bondholders Protective Organizations, Edwin Borchard Jan 1933

Foreign Bondholders Protective Organizations, Edwin Borchard

Faculty Scholarship Series

The unfortunate experience in recent years of the American holders of defaulted foreign bonds led to the passage by Congress on May 27, 1933, of the Corporation of Foreign Bondholders Act, as Title II of the Federal Securities Act. It was designed to furnish a medium through which American bondholders could act jointly in the adjustment of their claims against defaulting governments or other foreign entities. The holders of the defaulted bonds of a foreign state occupy a peculiar position. They cannot sue in the bondholders' state, nor, even where foreign governments permit themselves to be sued, have they any ...


Declaratory Judgments - Germany, Edwin Borchard Jan 1933

Declaratory Judgments - Germany, Edwin Borchard

Faculty Scholarship Series

Other codes and statutes also provide for declaratory judgments. The Code of Criminal Procedure provides that, when the question as to whether an act is punishable depends upon the determination of a legal relationship, this issue shall be decided by the criminal court. The law of noncontentious jurisdiction provides that the Court of Registration (Registergericht) may postpone an order of registration which depends upon the determination of a disputed legal relationship until that dispute has been decided by declaration. Judgments upon disputed claims in bankruptcy and in execution proceedings are declaratory. By the law of associations, a member may sue ...


Declaratory Judgment As An Exclusive Or Alternative Remedy, Edwin Borchard Jan 1932

Declaratory Judgment As An Exclusive Or Alternative Remedy, Edwin Borchard

Faculty Scholarship Series

In a recent Michigan case the seller of a boiler, claiming a chattel mortgage therein for the unpaid purchase price, brought an action against the person who had bought the boiler at a bankruptcy sale of the property of the original buyer for a declaration that the plaintiff had the right to possession, or in the alternative, that the defendant was under a duty to pay the balance of the original purchase price. The defendant claimed to be the owner free of the mortgage. A majority of the Michigan Supreme Court, on its own motion, for the propriety of the ...


Declaratory Judgment A Needed Procedural Reform, Edwin Borchard Jan 1918

Declaratory Judgment A Needed Procedural Reform, Edwin Borchard

Faculty Scholarship Series

It is now our purpose to undertake an analysis of numerous declaratory actions and judgments, with a view to determine the scope of and the limitations upon this useful form of procedure. An examination of declaratory judgments in the various jurisdictions in which the institution has been adopted reveals a remarkable similarity of fundamental principles characterizing the practice of making judicial declarations. As our interest is confined to the practice, emphasis will be laid not upon the- decision itself as a matter of substantive law, but rather upon the type of question submitted for declaratory judgment, the cases in which ...