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Articles 1 - 30 of 66
Full-Text Articles in Law
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 …
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 …
Book Reviews, Henry M. Bates, Evans Holbrook, Edwin D. Dickinson
Book Reviews, Henry M. Bates, Evans Holbrook, Edwin D. Dickinson
Michigan Law Review
Collected Papers. By Oliver Wendell Holmes, Associate Justice of the Supreme Court of the United States. New York: Harcourt, Brace & Howe. i92o. Pp. vii, 316.
Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell
Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell
Michigan Law Review
In a proceeding brought by the United States to restrain the construction of a dam in a stream alleged to be a "navigable river, or other navigable water of the United States," Economy Light & Power Co. v. United States2 held that "a river having actual navigable capacity in its natural state and capable of carrying commerce among the states is within the power of Congress to preserve for future transportation, even though it be not at present used for such commerce, and be incapable of such use according to present methods, either by reason of changed conditions or because …
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 …
Gratuitous Partial Assignments, Edwin D. Dickinson
Gratuitous Partial Assignments, Edwin D. Dickinson
Articles
"Is it possible to make an effective and irrevocable assignment by way of gift of part of a close action? There are no obvious reasons why it should not be possible. Gifts of a great variety of valuable rights are favored and protected by law. Why not a gift of part of a chose in action?"
Rules Of Warfare, Edwin D. Dickinson
Rules Of Warfare, Edwin D. Dickinson
Articles
Professor Dickinson anticipates the 1921 Conference of Washington on arms control and limitation in light of the recent world war and the special situations in the Far East. "War is abnormal, the negation of law and order, the exaltation of force..... This does not mean that codes of war law, so called, have no place or function ...."
Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell
Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell
Michigan Law Review
This review of Supreme Court decisions on constitutional law during the October Term of 1920 follows the plan of its predecessors.' Its aim is the modest one of exposing the precise points decided and the precise or unprecise reasons given in support of the results reached. A valiant effort is made to refrain from criticism or from adding anything to the contributions of the judges. In the footnotes are assembled references to discussions of the cases reviewed in the text and of other issues of constitutional law considered in recognized law journals from October, 1920, to October, 1921. No effort …
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 …
Judges In The British Cabinet And The Struggle Which Led To Their Exclusion After 1806, Arthur Lyon Cross
Judges In The British Cabinet And The Struggle Which Led To Their Exclusion After 1806, Arthur Lyon Cross
Michigan Law Review
Among the anomalies in the queer and devious course of Eng- £ lish constitutional progress few have been more striking than the number of reforms which have been due to the Conservatives.. One of no little significance was brought about during that period of political stagnation-the era of the French Revolution and the Napoleonic Wars. This was the exclusion of judges from the Cabinet, as the result of a political struggle in which the forces of opposition, though temporarily defeated, formulated a policy which was destined henceforth to prevail.
The Commerce Clause As A Restriction On State Taxation, J M. Landis
The Commerce Clause As A Restriction On State Taxation, J M. Landis
Michigan Law Review
In the discussion of a topic of this nature, my purpose is to restrict and not to enlarge the field of available evidence. The immense powers granted to Congress under the commerce clause are too well known, and the magnitude of their extension by the definition of the word "commerce" cannot be comprehended in a restricted dissertation such as this. Thus, the topic itself sets limits to our.range. It concerns itself with the existence of two powers, the paramount congressional control over commerce and the state's powers to tax. Both are inclined to encroach upon the prerogatives of the other, …
Book Reviews, Edwin C. Goddard, Edwin D. Dickinson
Book Reviews, Edwin C. Goddard, Edwin D. Dickinson
Michigan Law Review
The plight of the public utilities following the World War has been shouted in a babel of demands for increased rates from one and all. The public has turned a doubting or hostile ear to these demands, and the utilities have overwhelmed the utility commissions with a vast mass of evidence to prove their case. None seem to have been harder hit than the electric railways. Some have ceased to operate, automobiles have already made deep cuts in their revenues, and there are not wanting those who predict that the electric railways, operating on fixed tracks, are already out of …
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 …
League Of Nations And The Laws Of War, Ralph W. Aigler
League Of Nations And The Laws Of War, Ralph W. Aigler
Michigan Law Review
Everyone would agree that the renovation of international law presents a problem of commanding importance. Diversity of opinion is manifested, however, as soon as attention is directed to the details of the renovating process. Where to begin, what to emphasize, and how to go about it are questions which provoke a medley of discordant answers. Out of this medley a few paramount issues are beginning to emerge. One such issue concerns the so-called law of war. What shall be done about it? The World War revealed its lack of sanction, its confusion with self-interest, its chaotic uncertainty. Can it really …
Statutes Of Edward I Their Relation To Finance And Administration, Nathan Isaacs
Statutes Of Edward I Their Relation To Finance And Administration, Nathan Isaacs
Michigan Law Review
Perhaps the most far-reaching effect of the American Civil war, in the long run, could be illustrated by a chart showing government expenditures before and after that rebirth of the nation. The jump from the bottom of the chart to the top, with no apparent tendency to return, reflects a new conception of the function of the government, the creation of new powers and a redistribution of- the old ones. In like manner one of the most significant features of the present period of reconstruction throughout the civilized world seems likely to find its graphic representation in a curve that …
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 …
Constitutional Decisions By A Bare Majority Of The Court, Robert Eugene Cushman
Constitutional Decisions By A Bare Majority Of The Court, Robert Eugene Cushman
Michigan Law Review
In December, 1823, the legislature of Kentucky, in a blaze of resentment against a decision of the Supreme Court of the United States invalidating a Kentucky statute,' petitioned Congress "so to organize the Supreme Court of the United States that no constitutional question * * * involving the validity of State laws, shall be decided by said Court unless two-thirds of all the members belonging to said court shall concur in such decision." 2 At the same time a United States senator from Kentucky was demanding that Congress- require for such decisions the concurrence of seven judges out of a …
Termination Of War, John M. Mathews
Termination Of War, John M. Mathews
Michigan Law Review
The termination of war must, at the outset, be distinguished Ifrom the termination of hostilities or actual warfare. As has been said, war is "not the mere employment of force, but the existence of the legal condition of things in which rights are or may be prosecuted by force. Thus, if two nations declare war one against the other, war exists, though no force whatever may as yet have been employed."' Similarly, it follows that, although actual hostilities have ceased, the status of war may continue until terminated in some regular way recognized by international law as sufficient for that …
Book Reviews, William W. Cook, Edwin D. Dickinson, Joseph H. Drake, Wayne C. Williams
Book Reviews, William W. Cook, Edwin D. Dickinson, Joseph H. Drake, Wayne C. Williams
Michigan Law Review
This is a book that every lawyer should read and every law student should be required to read. It is the culminating work of a masterly mind that for over fifty years has been studying governments, ancient and modern,' and meantime the writer has had the practical advantage of holding high and responsible offices, including that of British Ambassador to the United States. Viscount Bryce speaks plainly of American national, state and municipal shortcomings in government, especially the last, but it is done in a kindly vein. He is a friend of America and gives us credit for much.
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 …
Trust Company In Michigan, Ralph Stone
Trust Company In Michigan, Ralph Stone
Michigan Law Review
A trust company in Michigan is a financial and business institution. It came into being, in this state -as elsewhere, in response to the need for an efficient and business-like organization to administer estates and trusts of all kinds as a relief to the individual executor, administrator and trustee. The ever -increasing complications of business and finance placed a burden upon the individual- the relative, the friend, or the business associate-which he found he could not carry without considerable sacrifice either to his own interests or to those of the trust. Those who create trusts either by will, or private …
Book Reviews, Edwin D. Dickinson, Herman Oliphant
Book Reviews, Edwin D. Dickinson, Herman Oliphant
Michigan Law Review
The British Year Book of International Law, 1920-1921. Editor, Cyril M. Picciotto. Editorial Committee, Sir Erle Richards, Prof. A. Pearce Higgins, Sir John Macdonell, Sir Cecil Hurst, and, E. A. Whittuck. London: Henry Fioude and Hodder & Stoughton, x92o. Pp. viii, 292.
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 …
The Court Of Industrial Relations In Kansas, H W. Humble
The Court Of Industrial Relations In Kansas, H W. Humble
Michigan Law Review
Most of the articles which have heretofore appeared in print in reference to the new Court of Industrial Relations in Kansas have beet taken up with such matters as the nationality of Alexander Howat; president of the 'Kansas district of the United Mine Workers, the cost and frequency of strikes among miners, the ideals of Governor Henry J. Allen and others responsible for the creation of the new Court and the like. But little has found its way -into print in the way of an exact analysis of the jurisdiction, powers and methods of procedure of this'tribunal. Such an analysis …
States And Foreign Relations, John M. Matthews
States And Foreign Relations, John M. Matthews
Michigan Law Review
The conduct of a nation's foreign relations may be affected to a considerable extent by its internal governmental organization. Generally speaking, a more energetic and effective foreign policy is possible for a nation whose government is characterized by unity and coherence. This is true not only with reference to the relations between the -departments of the central government, but also with reference to the relations between the central government and the local or state governments. In countries whose government is based on the federal plan, therefore, an important question to be considered is that as to the extent, if any, …
Purchase Of Shares Of Corporation By A Director From A Shareholder, Harold R. Smith
Purchase Of Shares Of Corporation By A Director From A Shareholder, Harold R. Smith
Michigan Law Review
As suggested by the title to this paper, a discussion of the relationship between the directors of a corporation and the corporate entity is not within its scope. Neither is the lrelationship between the directors-and the entire body of the shareholders. These two subjects are generally treated in another branch of the law of corporations and generally are not governed by the same rules of law.' The purchase of shares of stock by a director from a nonofficial shareholder naturally brings into question the relationship between the director and the shareholder in his individual capacity, and not in his capacity …
Rent Regulations Under The Police Power, Alan W. Boyd
Rent Regulations Under The Police Power, Alan W. Boyd
Michigan Law Review
Conditions resulting from the widespread housing shortage caused by the cessation of building during the war have given rise to legislation which must seem startling indeed to much of the legal talent surviving from a generation ago. The outstanding example is to be found in the New York laws which so far have succeeded admirably in eluding the constitutional pitfalls relied upon to nullify them. Three provisions have borne the brunt of the attack. The first prevents the recovery of an unreasonable rent in an action at law, and places the burden of showing reasonableness upon the landlord." Another suspends …
Book Reviews, C D. Allin
Book Reviews, C D. Allin
Michigan Law Review
The Equality of States in International Law. By Edwin De Witt Dickinson. (Cambridge: Harvard University Press, ig"o. Harvard Studies in Jurisprudence, Vol. III.) Pp. ix, 424.
History Of Michigan Constitutional Provision Prohibiting A General Revision Of The Laws, W L. Jenks
History Of Michigan Constitutional Provision Prohibiting A General Revision Of The Laws, W L. Jenks
Michigan Law Review
Alone among the states of the Union, Michigan has, since i85o, pr6hibited any general revision of the laws and permits only a compilation of laws in force without alteration. As practically all the neighboring states, as well as New York, from which much of the early legislatiorf of Michigan was derived, have continued to revise their statutes from time to time, it may be interesting to see why Michigan alone has thought it desirable not only to stop the practice which it followed until I85o, but to prevent effectually its legislature from ever attempting it in the future.