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Full-Text Articles in Law

The Administrative Crime, Its Creation And Punishment By Administrative Agencies, Edmund H. Schwenk Aug 1943

The Administrative Crime, Its Creation And Punishment By Administrative Agencies, Edmund H. Schwenk

Michigan Law Review

The application of the penal sanction in the field of administrative law involves mainly three problems: (1) the constitutionality of a statute which authorizes an administrative agency to issue rules and regulations enforceable by punishment and thus to create certain elements of crime; (2) the constitutionality of a statute which authorizes an administrative agency to create the penalty for the violation of its rules and regulations; and (3) the constitutionality of a statute which authorizes an administrative agency to impose a penalty upon the delinquent. Even if the first problem can be answered in the affirmative, two questions still remain: …


Constitutional Law - Criminal Law And Procedure - Presence Of Accused During Arguments Of Law, Arthur B. Lathrop Apr 1943

Constitutional Law - Criminal Law And Procedure - Presence Of Accused During Arguments Of Law, Arthur B. Lathrop

Michigan Law Review

The defendant was indicted for a felony on charges of wilfully attempting to "evade or defeat'' federal income taxes based on his failure to report money allegedly received by him from "backers" of numbers games in exchange for political protection. On cross-examination he was questioned about certain payments made in the year following the ones on which the indictment was based. His attorney objected on the ground that the question was going to be the subject of another indictment against the defendant, and asked that the jury be dismissed while an argument was had upon the point of law raised. …


The Story Of A County Prosecutor: A Review, Henry M. Bates Apr 1943

The Story Of A County Prosecutor: A Review, Henry M. Bates

Michigan Law Review

During the later years of the last century the writing about law began to undergo a profound change. Generally speaking, prior to the period indicated it had been largely a statement of what the law was supposed to be as found in legislation and, in Anglo-American countries particularly, in the decisions and opinions of courts. Relatively, it was dogmatic, technical, often too general to be of much use in particular cases and gave a very imperfect picture of the law as actually administered.


Abstracts, Katherine Kempfer Feb 1943

Abstracts, Katherine Kempfer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.


Assault And Battery - Defense Of Property Feb 1943

Assault And Battery - Defense Of Property

Michigan Law Review

In a suit brought to recover damages for the death of plaintiff's husband the evidence indicated that the deceased, and other intruders, entered defendant's place of business after having been ordered to leave. The group "threw bricks and other missiles at Gennaro, destroying whiskey bottles and other property, whereupon Gennaro secured a pistol and shot and killed Wade." It was held that defendant was justified in killing the inebriated trespasser. Wade v. Gennaro, (La. App. 1942) 8 So. (2d) 561.