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Articles 1 - 30 of 61
Full-Text Articles in Law
The Law School And The State, William W. Cook
The Law School And The State, William W. Cook
Michigan Law Review
On the legal profession rests the responsibility for the future of America. Now here else does the necessary leadership exist, and leadership, based on training, character and intelligence, will determine the future of the republic. The rapid rise of America to the primacy of the world; its vast wealth, power and population; its problems of capital and labor; its expansion of governmental functions; its diversity of races; its determination to preserve American institutions-all demand leadership of the highest order, and that can be found only in the legal profession. It is a problem of the ages. From Plato's Republic to …
Vicarious Liability And The Family Automobile, Norman D. Lattin
Vicarious Liability And The Family Automobile, Norman D. Lattin
Michigan Law Review
The advent of the automobile into the family life of the present age brought with it a doctrine which has been the troublesome source of much comment in the adjudicated cases and legal literature generally. Were it not for the fact that the battle still wages with much intensity, with very little outward evidence of abatement, it would be presumptuous to add to the already voluminous supply of legal material concerning the law of the family automobile, commonly termed the "family purpose" or "family car" doctrine. If further justification were needed, the problems arising from air navigation, which threatens to …
The Influence Of Securities Regulation Upon Standards Of Corporation Financing, Forrest B. Ashby
The Influence Of Securities Regulation Upon Standards Of Corporation Financing, Forrest B. Ashby
Michigan Law Review
During the first years of the present century both promotional and manipulative swindling in connection with stocks and bonds flourished in the face of the obsolescent and poorly enforced fraud laws which were administered by prosecutors and courts inexperienced in corporate finance. It was not until 1911, after the securities problem had been put squarely before it by the state banking commissioner, that the Kansas legislature passed the first blue sky law to check the issuance and sale of unsound corporate obligations. Since 1911 the development of securities legislation has proceeded until at the present time forty-six states have statutes …
Due Process Of Law In State Labor Legislation, Fowler Vincent Harper
Due Process Of Law In State Labor Legislation, Fowler Vincent Harper
Michigan Law Review
With this material in mind, is it possible to arrive at any useful conclusions as to what constitutes due process of law in labor legislation? In each group of cases, there seem to be two distinct, though inseparable functions of the judicial process of reviewing the legislation in question. The courts, in brief, are arriving at conclusions both of fact and of law. The impression was, at one time prevalent that the extent of review of certain types of labor legislation was limited to the reasonableness of the' statute as respects the end sought and the means of attaining that …
Corporations-Consolidation And Merger-Liability For The Obligations Of The Old Company-American Railway Express Company Cases
Michigan Law Review
Following the taking over of the railroads under proclamation of the President dated December 26, 1917, it was suggested by Mr. McAdoo, Director General of Railroads, that various express companies whose contracts with the railroads for transportation of goods pursuant to the general conduct of the express business had been virtually annulled by the proclamation, should form a new corporation, transfer to it property used in the express business and receive in consideration stock in the new company. The Director General made the suggestion to expedite the nation's war time transportation, and it was immediately accepted by the companies. He …
The Massachusetts Trust-Called Partnership, Joint-Stock Company, Corporation By The Courts
The Massachusetts Trust-Called Partnership, Joint-Stock Company, Corporation By The Courts
Michigan Law Review
The so-called Massachusetts Trust, as a form of business organization, had its beginning in England some two hundred years ago, and as trading associations they came to be preferred to corporations, in the early days of their history, for their members lacked the immunity from debts of the concern that corporate shareholders possessed. The business trust, in a rudimentary form, made its initial appearance in Massachusetts in 1827, and due to the current of more or less dissatisfaction with the corporate form of business organization there appears to be a present tendency toward the trust form, though Mr. Cook believes …
Boundaries On Great Lakes-Accretion And Reliction-Effect Of Meander Line
Boundaries On Great Lakes-Accretion And Reliction-Effect Of Meander Line
Michigan Law Review
Kavanaugh filed a bill against The Director of Conservation of the State of Michigan to quiet title to a strip of land several hundred feet in width between the meander line and the present waters of Saginaw Bay, a part of Lake Huron. Complainant claims title to this land by reason of the fact that it was added to his abutting property by accretion and reliction. The State defends on the ground that the meander line conclusively for all time determines the boundary line of abutters on the Great Lakes, and that consequently the doctrine of accretion and reliction is …
Remedies For Wrongful Action In The Levy And Enforcement Of Taxes
Remedies For Wrongful Action In The Levy And Enforcement Of Taxes
Michigan Law Review
Although there is a distinct policy in favor of prompt and efficient procedure for the levy and collection of taxes, unhindered by judicial "red tape," yet the government cannot exercise its power so as to deprive the taxpayer of his property without due process of law. What are the taxpayer's remedies against wrongful action on the part of those in charge of tax administration? How may due process of law be secured to him in tax administration matters? The purpose of this note is to review some of the principal remedies, with especial reference to the equitable remedy of injunction, …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
The Radio And Interstate Commerce
The Radio And Interstate Commerce
Michigan Law Review
As each newly discovered scientific principle is taken advantage of in the practical world, new legal problems arise around it. One way or another it is eventually taken care of by the expansion of the legal system to embrace the new situation. The discovery of radio transmission is an example made striking by the extraordinary speed with which it has become a part of the people's daily life and the conflicts of interest that are peculiar to it. The law found itself relieved of many of the embarrassments in dealing with the problem by the fact that Congress early undertook …
Going Value And Rate Valuation, Ben W. Lewis
Going Value And Rate Valuation, Ben W. Lewis
Michigan Law Review
From the mere circumstance "that a controversy has been long kept on foot, and remains still undecided, we may presume that there is some ambiguity in the expression, and that the disputants affix different ideas to the terms employed ...... " Although David Hume was not here concerning himself with twentieth century utility regulation, his observation finds appropriate employment as a preface to a present day study of the problem of going value. The problem is an open one-temptingly open. Years of contention, an impressive array of publications by economists, attorneys, and engineers, and hundreds of opinions of courts and …
The Collection Of Criminal Statistics In The United States, Raymond Moley
The Collection Of Criminal Statistics In The United States, Raymond Moley
Michigan Law Review
It is well known to those who have attempted to secure final reliable and significant statistical data concerning crime and the enforcement of the criminal law in the United States that only the barest outline of the American crime problem is shown by the data now obtainable. Such diversity exists among recording agencies that we can not safely compare cities and states in the amount of crime reported to the police; the characteristics of these crimes or of those arrested for their crimes are so inadequately kept that little sociological data are available; we can not from material now published …
Due Process Of Law In State Labor Legislation, Fowler Vincent Harper
Due Process Of Law In State Labor Legislation, Fowler Vincent Harper
Michigan Law Review
State interference with conditions of employment, as determined by the strength of the contracting parties, by imposing requirements calculated to protect the safety and health of employees, has not been without interruption from the courts. In the earlier cases, when organized labor was not strong enough to enforce the most reasonable demands without assistance from the legislature, the courts were wont to look with astute eye upon the infringement of liberty of contract thus resulting. When the reasoning started with the assumption that liberty of contract was the rule and the employment of the police power of the State the …
Corporations-Repurchase Of Its Own Shares By A Corporation In Performane Of A Promise Forming Part Of The Contract Of Sale
Michigan Law Review
One Rosenthal entered the employ of the defendant corporation for two years at a salary of $10,000.00 per year; $75.00 per week to be paid in cash, and the balance to be paid in stock of the corporation at the end of each year. The contract contained a proviso that if the parties could not, at the end of the second year, reach an understanding for a continuation of the employment, the company would repurchase its shares at their par value. No such agreement was reached, and the company refused to take back its stock. Rosenthal brought his bill in …
Damages-Apportionment Of Punitive Damages In An Action Against Agent And Corporation Jointly
Damages-Apportionment Of Punitive Damages In An Action Against Agent And Corporation Jointly
Michigan Law Review
The recent South Carolina case of Johnson v. Atlantic Coast Line R. Co., presents, it is submitted, an undesirable extension of the rule announced in Goddard v. Grand Trunk R. Co. The latter decided that a corporation or principal is liable in punitive damages for a malicious act of its agent committed in the course of, or in connection with, his duties or employment. The prevailing opinion seems to be that the principal is liable (in exemplary damages) only when he has authorized, participated in, or ratified the act of the agent. or was negligent in the selection of …
Taxation-May A Stats Levy A Tax On Acts Done Outside The State?
Taxation-May A Stats Levy A Tax On Acts Done Outside The State?
Michigan Law Review
Beginning with the great case of Union Transit Co. v. Kentucky, the Supreme Court has steadily advanced the principle that a state lacks power to tax property located out of the state. But the law, as to taxation of acts done out of the state, has not been so well worked out. It is believed that a recent decision of the court is of importance in this field. But first, a very brief review will be made of the more important cases marking steps in the working out of the problem.
International Law-Recognition Of Governments
International Law-Recognition Of Governments
Michigan Law Review
The decision of the Circuit Court of Appeals for the Second Circuit recently brought to a close an interesting piece of litigation which had been dragging its way through the courts for several years. The issue on the international law point was so sharply presented, the counsel so able, investigation so completely exhaustive, and the recovery so substantial that the case has been given full attention by the newspapers as well as by legal commentators.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
The Final Argument Of The Law School Case Clubs Of The University Of Michigan, University Of Michigan Law School
The Final Argument Of The Law School Case Clubs Of The University Of Michigan, University Of Michigan Law School
Miscellaneous Law School History & Publications
Program for the final arguments of the Law School Case Clubs.
Due Process Of Law In State Labor Legislation, Fowler Vincent Harper
Due Process Of Law In State Labor Legislation, Fowler Vincent Harper
Michigan Law Review
Any regulation on the part of the state of the relations between the laborer and his employer must necessarily deprive the one or the other of his liberty or property, by interfering with his freedom to contract. The protection of freedom of contract which the Constitution affords is not, however, an absolute right. There is nothing necessarily unconstitutional about such legislation unless it is "without due process of law." In other words, legislation of this kind is usually a valid regulation if it can be justified as coming within the due process of law provision.
Interstate Ferries And The Commerce Clause, C. M. Kneier
Interstate Ferries And The Commerce Clause, C. M. Kneier
Michigan Law Review
The Constitution of the United States confers upon Congress the power to regulate commerce among the several states; the transportation of passengers and freight across a navigable river from one state to another by ferryboat, however short the distance traversed, or frequent the trips made, is interstate commerce. It is the purpose of this study to point out what action Congress has taken under the power thus conferred upon it relative to interstate ferries and to determine the relative spheres of authority of the states and of the National Government over this subject.
Power Of Agricultural Co-Operative Associations To Limit Production, Milton J. Keegan
Power Of Agricultural Co-Operative Associations To Limit Production, Milton J. Keegan
Michigan Law Review
Farmers within recent years have recognized the necessity of combining in larger and still larger numbers, and great cooperative farm organizations have been formed, some of them with sales reaching $100,000,000 each year. These organizations in 1923 did a combined business estimated at $2,200,000,000. "Giant marketing associations, covering whole states, and even groups of states, have been organized with startling rapidity in the great cotton and tobacco growing states." Co-operative marketing legislation has given these groups great and far reaching powers to attain the end of making agriculture more profitable and to secure better returns to the producers of farm …
Constitutional Law-Eminent Domain-Judcial Review By Certiorari
Constitutional Law-Eminent Domain-Judcial Review By Certiorari
Michigan Law Review
In a previous number of this volume the holding of the supreme court of Michigan was discussed wherein sections 1 and 2, article 13, of the constitution of 1908 were held to make necessity as well as compensation a judicial question in eminent domain cases. Accordingly, in that case, the court held that the feature of the statute (P. A. 1925, No. 352) authorizing the state highway commissioner to make a conclusive determination of necessity, without notice and hearing to the landowner, and without judicial review, was unconstitutional.
Public Utilities-Easement In Public Highways As An Element In Rate-Base Of Street Railway
Public Utilities-Easement In Public Highways As An Element In Rate-Base Of Street Railway
Michigan Law Review
Out of the vast amount of indefiniteness that characterizes the law governing the valuation of public utility corporations for the purpose of fixing rates, two theories have been evolved as guiding principles in determining the "fair value" of the utility upon which a reasonable return is to be allowed. Some courts adhere to the reproduction theory; others to the prudent investment theory as the controlling factor in determining the rate-base. See 15 MICH. L. REV. 205; 22 MICH. L. REV. 147. And it is now evident that one of these two theories will prevail, but which one is still uncertain. …
A New Application Of The Right Of Privacy
A New Application Of The Right Of Privacy
Michigan Law Review
The right of an individual to privacy in matters personal to him has again been expressly recognized by an interesting application of the doctrine in a recent Kentucky case. The defendant painted a sign on his garage window in large letters to the effect that "Dr. W. R. Morgan owes an account here of $49.67. And if promises would pay an account this account would have been settled long ago. This account will be advertised as long as it remains unpaid." The plaintiff brought suit for damages alleging great mental pain, humiliation, and mortification, and that it tended to expose …
Corporations-Right Of Majority To Amend Charter Under Reserved Right Of State
Corporations-Right Of Majority To Amend Charter Under Reserved Right Of State
Michigan Law Review
As everyone knows, the famous Dartmouth College case established, rightly or wrongly, that a corporate charter is a contract between the state and the corporation and the members of the corporation. Ever since that case the states have sought to avoid the resulting restrictions placed on the power to amend or repeal by the federal Constitution by expressly reserving the power at the time of incorporation.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.