Legal History | Open Access Articles | Digital Commons Network™

International Unions For The Protection Of Industrial, Literary And Artistic Property, M. Ostertag Dec 1926

International Unions For The Protection Of Industrial, Literary And Artistic Property, M. Ostertag

Michigan Law Review

The League of Nations, whose guests we presently are in this handsome city of Geneva, is certainly the most· important of the associations of states because its purpose, the peace of the world, is the most noble. It is also one of the youngest of such associations. You do me a great honor, Ladies and Gentlemen, in asking me to introduce to you today two much older sisters of the League of Nations, sisters whose reputation is indeed less brilliant and universal, but of whom people may perhaps say what they say of married ladies: "The best are always those …

Go to article

Curiosities Of The Law-Mandatory Injunctions In The Double Negative Dec 1926

Curiosities Of The Law-Mandatory Injunctions In The Double Negative

Michigan Law Review

The ridiculous practice of framing mandatory injunctions in the double negative seems to have originated in the famous case of Lane v. Newdigate. The bill was filed by a tenant of a water power mill against his landlord, who owned other lands upon the mill stream, to enforce covenants in the lease, praying specifically that defendant be decreed to remove certain locks which he had erected and restore certain gates and canals which he had destroyed or failed to keep in repair. The case came before Lord Eldon on a motion for a temporary injunction, which was heard ex …

Go to article

A Monument To The American Sense Of Justice, Wade Millis Dec 1926

A Monument To The American Sense Of Justice, Wade Millis

Michigan Law Review

In this national anniversary year of profound memories we meet in a garden spot of Michigan within the boundaries of a county that possesses high distinction in being the theatre of important historical events and the home of many who have been notable for their achievements in the profession of the law and in the broad fields of statesmanship.

Go to article

Imprisonment For Debt, Richard Ford Nov 1926

Imprisonment For Debt, Richard Ford

Michigan Law Review

Imprisonment for debt is usually thought of as a barbarous custom which declined continuously as civilization and Christianity advanced and which was totally done away with long ago. The facts, however, are otherwise. It seems doubtful if history warrants any generalization to the effect that the imprisonment of debtors has been a steadily declining practice. Certain it is, that in a greater or less degree it exists today in many parts of the United States, in England, and in some other countries. Moreover, creditors are making use of it on a comparatively large scale. It is the purpose of this …

Go to article

Appeal Of Death Nov 1926

Appeal Of Death

Michigan Law Review

A note from Mr. Justice Riddell says: "In my paper, 'Appeal of Death and Its Abolition.' 24 MICH. L. REV. (June, 1926) at p. 793, it is said, 'when the widow was Appellor, the issue was tried by a jury because a woman could not fight.' While this was generally true, the statement indicating universality was made per incuriam of course, the trial was sicut curia consideraverit; and sometimes Battel was awarded in the case of a woman-appellor.

Go to article

Early American Price-Fixing Legislation, Arthur S. Aiton Nov 1926

Early American Price-Fixing Legislation, Arthur S. Aiton

Michigan Law Review

One of the most pernicious delusions of legislators is the persistent notion that the enactment of a law is the panacea for any human ill from short sheets in hotels to the immodesty of certain styles of female apparel. The history of law-making is strewn with the wreckage of freak legislation of this character but the law-mills, heedless of the past, continue to spew forth new monstrosities and to revive old failures. That the human family cannot be legislated into a set mold of behavior and that the economic laws which underlie trade and intercourse cannot be enacted out of …

Go to article

Justice In Colonial Virginia, Oliver Perry Chitwood Jun 1926