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Articles 31 - 42 of 42

Full-Text Articles in Law

Civil Liberties And The Trade Union, T. Richard Witmer Jan 1941

Civil Liberties And The Trade Union, T. Richard Witmer

Faculty Scholarship Series

WE usually think of the civil liberties problem, I suppose, as one of
limiting the area within which the state may bring its power to bear
against the individual. We do not ordinarily think of it as a matter of
protecting one private person from the power of another. But it can
have this aspect, too. The importance of this side of it was as well put
as it ever has been by Governor Shunk of Pennsylvania ninety-five years
ago. Asked by the General Assembly of the state to approve a bill to
incorporate the North Branch Railroad and Coal ...


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.


Statutory Protection Of Creditors In Reduction Of Capital Stock, Charles C. Callahan Jan 1936

Statutory Protection Of Creditors In Reduction Of Capital Stock, Charles C. Callahan

Faculty Scholarship Series

The sharp process of deflation which business has undergone
during recent years has vested statutes relating to the reduction
of corporate capital with an importance little appreciated when
most of such statutes were enacted. Since 1929 an abrupt reversal
of the previous tendency to increase corporate capitalizations
has taken place. Enormous sums of money and the interests
of many people have been subjected to the procedures for
reduction of capital prescribed by the various corporation acts.
With a few exceptions the protection which these acts afford to
the creditors of the corporation involved is entirely inadequate,
a situation which may ...


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 ...


Uncontrolled Expansion In The Light And Power Industry, Richard J. Smith Jan 1933

Uncontrolled Expansion In The Light And Power Industry, Richard J. Smith

Faculty Scholarship Series

IT has been characteristic of public utility regulation in the United
States to defer governmental interference with private management
until abuses have become too flagrant to be ignored. Statutory
control as established by Munn v. Illinois came only after reckless
rate practices of railroads had goaded shippers of the middlewest
into disorderly political agitation. Subsequent extensions of governmental
authority have followed in the wake of newly discovered
abuses. Improvident capitalization endangering the interests of
consumers and investors has led to the supervision of security issues.
Inadequate, if not misleading, corporate records have resulted in the
prescription of uniform systems of ...


The Federal Tort Claims Bill, Edwin Borchard Jan 1933

The Federal Tort Claims Bill, Edwin Borchard

Faculty Scholarship Series

Forty years ago, Ernst Freund, in an article which is still fundamental to the subject, stated: A tort committed in the exercise of governmental functions creates no private cause of action against the state; where a liability is demanded by justice, it must be created by statute. A tort committed in connection with private relations should give rise to a corresponding civil liability, with such statutory exceptions as may be dictated by public policy. This is not the recognized law, but seems to be demanded on general principles. After nearly ten years of effort, the Committees on Claims of the ...


Negotiability Of Corporate Bonds, Roscoe T. Steffen, Henry E. Russell Jan 1932

Negotiability Of Corporate Bonds, Roscoe T. Steffen, Henry E. Russell

Faculty Scholarship Series

There has smouldered for many years a question whether the
Negotiable Instruments Law should apply to long term commercial
paper-the bonds, debentures, equipment trust certificates
and other instruments invented by an ingenious financial community.
Not that any one doubts that such paper should be negotiable,
for there has been no criticism of the decisions so holding,
nor has there been much concern whether negotiability was
reached under the Act or by common law recognition of custom.
But when, as has happened several times in recent years, an instrument
of this class has run afoul the statute and been held
non-negotiable ...


Declaratory Judgments, Edwin Borchard Jan 1929

Declaratory Judgments, Edwin Borchard

Faculty Scholarship Series

You may think it a little presumptuous, and I guess it is, to have a man come here from the East and undertake to point out any defects in the law of Ohio. My interest in the subject of declaratory judgments is such, however, that I have ventured to incur whatever dangers there may be in that undertaking. I was the more disposed to run those risks because what I hope to discuss today is not anything really new, but is an institution that England has had for over fifty years and which has been adopted in some twenty-three states ...


Government Responsibility In Tort Vii, Edwin Borchard Jan 1928

Government Responsibility In Tort Vii, Edwin Borchard

Faculty Scholarship Series

In addition to the historical doctrines justifying government irresponsibility, already discussed, it seems proper to review the more modern doctrines and theories advanced in the nineteenth and twentieth centuries either to deny or to support the responsibility of the State or other public corporation for the torts of its officers. The recognition of governmental responsibility for the torts of officers required certain political and social conditions which, until comparatively modern times, hardly prevailed in the western world. It was necessary for political theory to mature to a position according the individual a large measure of recognition for his personal rights ...


Transfer Of Flag And The Declaration Of London, Edwin Borchard Jan 1923

Transfer Of Flag And The Declaration Of London, Edwin Borchard

Faculty Scholarship Series

It happens not infrequently when international legal conventions, designed to harmonize or recodify conflicting rules of law, are drafted, that the resulting convention is so broad or indefinite that confusion rather than agreement is effected, each party reading into the convention its own preconceptions. This was neither the purpose nor the necessary result of those articles of the Declaration of London, 55 and 56, which deal with the transfer of flag; yet in two important prize cases in which article 56 was applied, the prize courts of France and England came to diametrically opposite conclusions as to the meaning of ...


Earning Of Freight On Uncompleted Voyages, Edwin Borchard Jan 1921

Earning Of Freight On Uncompleted Voyages, Edwin Borchard

Faculty Scholarship Series

An inevitable consequence of the Great War was the interruption or breaking up of commercial voyages it necessarily brought about. These acts of interference have occasioned much litigation on the question of the amount of freight earned by vessels thus rendered unable to complete their voyages, and have given renewed importance to an interesting subject of admiralty and contract law. The imagination has not conjured more varied and romantic circumstances than the actual facts of maritime adventure, as disclosed in the prosaic pages of the law reports. It may, therefore, be of interest to discover how the courts have dealt ...


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 ...