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Safeguarding The Criminal Defendant, Edson R. Sunderland Jan 1917

Safeguarding The Criminal Defendant, Edson R. Sunderland

Articles

Every now and then a new attack is made somewhere in the United States upon the rule prohibiting comment before the jury upon the fact that the defendant in a criminal case has not testified as a witness in his own behalf. At the present time an effort of this kind is being made in the Michigan legislature, and the introduction of the bill drew quite a little storm of protest from the State press as a dangerous inroad upon our ancient guarantees of personal liberty and security. In fact, however, it directly touches nothing more ancient than a statutory …


Constitutionality Of Segregation Ordinances, John B. Waite Jan 1917

Constitutionality Of Segregation Ordinances, John B. Waite

Articles

The effort of various southern states to segregate white persons and colored ones into mutually exclusive residential districts has received a final quietus, unless the Supreme Court of the United States shall reverse itself, by the decision in Buchanan v. Warley, handed down November 5, 1917. The suit in this case was for specific performance of a contract to buy land. The contract expressly stipulated that the buyer, a colored man, was not to be held to his purchase unless he had "the right under the laws of the state of Kentucky and the city of Louisville to ocupy said …


The Scope Of The Mann Act, Ralph W. Aigler Jan 1917

The Scope Of The Mann Act, Ralph W. Aigler

Articles

As was to be expected in view of the well-settled doctrine of the Supreme Court that the constitutional grant of power to regulate interstate commerce includes power of control over transportation of persons as well as property, it was held in Hoke v. United States, 227 U. S. 308, 57 L. Ed. 523, 33 Sup. Ct. 281, that the WHITE SLAVE TRAFFIC ACT of 1910 (36 Stat. 825), usually referred to as the MANN ACT, was constitutional. State legislation covering the same ground, it has been held, has been displaced. State v. Harper, 48 Mont. 456, 138 Pac. 495.


Martial Law And The English Constitution, Harold M. Bowman Dec 1916

Martial Law And The English Constitution, Harold M. Bowman

Michigan Law Review

On August 7th, 1914, three days after Great Britain had dedared war, a momentous statute, called the Deference of the Realm Act, was passed through the House of Commons with lightning speed, without a word of protest, in that spirit of decision and confidence which has marked the war measures of this Parliament.


Recent Important Decisions Jun 1916

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Game Protection And The Constitution, Edward S. Corwin Jun 1916

Game Protection And The Constitution, Edward S. Corwin

Michigan Law Review

The Agricultural Department Appropriation Act of March 4, 1913, contains these provisions: "All wild geese, wild swans, brant, wild ducks, snipe, plover, woodcock, rail, wild pigeons, and all other migratory game and insectivorous birds which in their northern and southern migrations pass through or do not remain permanently the entire year within the borders of any state or territory, shall hereafter be deemed to be within the custody and protection of the government of the United States, and shall not be destroyed or taken contrary to regulations hereinafter provided therefor."


Recent Important Decisions; Book Reviews, Edwin C. Goddard, John R. Rood May 1916

Recent Important Decisions; Book Reviews, Edwin C. Goddard, John R. Rood

Michigan Law Review

A collection of recent important court decisions and book reviews.


Recent Important Decisions Apr 1916

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Recent Important Decisions Mar 1916

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Recent Important Decisions Jan 1916

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Recent Important Decisions Dec 1915

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Recent Important Decisions Nov 1915

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Note And Comment, John B. Waite, Henry Rottschaefer, Roswell B. O'Harra, Leslie C. Mcclelland, Russell B. James, Hollis Harshman Jun 1915

Note And Comment, John B. Waite, Henry Rottschaefer, Roswell B. O'Harra, Leslie C. Mcclelland, Russell B. James, Hollis Harshman

Michigan Law Review

The Completion of a Contract by Posting of Acceptance - In the recent case of Kennedy Mcrcantile Co. v. Western Union Telegraph Co., the court says, "It is well settled law in this state that,where an offer is submitted by letter, an acceptance is conclusive and binding when a letter is deposited in the post-office accepting the same. The delivery to the one making the offer is not the test; for when the offer is submitted in that way it is equivalent to an invitation to accept by the same means, and when the acceptance is delivered to the agency …


Recent Important Decisions Jun 1915

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Note And Comment, Edwin C. Goddard, John G. Cedergren, Henry C. Bogle, Henry Rottschaefer, Marcy K. Brown May 1915

Note And Comment, Edwin C. Goddard, John G. Cedergren, Henry C. Bogle, Henry Rottschaefer, Marcy K. Brown

Michigan Law Review

Limitation as to the Amount of Liability for Loss of Goods by Carriers - A carload of automobiles was shipped by express, under an express receipt limiting recovery to $50, unless a greater value was named and a greater carrying charge paid. The shipper knew of this stipulation, and deliberately chose the restricted liability so as -to secure the lower rate. On a suit for loss of the automobiles, recovery was limited to $5o. Geo. N. Pierce Co. v. Wells Fargo & Co., I89 Fed. 561, commented on in 10 MICH. L. RSv. 317. The United States Supreme Court has …


Recent Important Decisions May 1915

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Recent Important Decisions Apr 1915

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Recent Important Decisions Mar 1915

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Note And Comment, Hollis Harshman Feb 1915

Note And Comment, Hollis Harshman

Michigan Law Review

Breach of Landlord's Covenant as Defense to Action for Rent - It is undoubtedly well settled that if the agreement to pay rent is dependent upon the performance by the landlord of some undertaking on his part, the failure by the landlord so to perform is a good defense to an action for the rent. It is equally well settled that if the agreements are independent such failure by the landlord is no defense. The difficulty arises in determining whether the agreements are dependent or independent. That question is one of construction, and it cannot be expected that all the …


Recurso De Inconstitucionalidad, Angel C. Betancourt Jan 1915

Recurso De Inconstitucionalidad, Angel C. Betancourt

Cuban Law

Esta obra contiene la Ley de 31 de marzo de 1903 y anotaciones a la misma, seguidas de una exposición, por orden alfabético, de las doctrinas declaradas por el Tribunal Supremo en pleno, hasta el año de 1912 inclusive, al decidir los recursos autorizados por dicha ley, -- redactadas unas y otras --


Recent Important Decisions Jan 1915

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


The Commodity Clause Of The Hepburn Act, Edwin C. Goddard Jan 1915

The Commodity Clause Of The Hepburn Act, Edwin C. Goddard

Articles

The Supreme Court of the United States has added another to the interesting line of cases construing the so-called "Commodity Clause" of the HEPBURN ACT of 1906. In United States v. Delaware, Lackawanna & Western Railroad Co. and the Delaware, Lackawanna & Western Coal Co., decided on June 21, 1915, 35 Sup. Ct. 873, the court reversed the decree of the District Court as reported in 213 Fed. 240, and found the relation and contract between the Railroad Company and the Coal Company to be in violation of the HEPBURN ACT and the SHERMAN ACT.


Recent Important Decisions Dec 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Protection Of Aliens By The United States, Simeon E. Baldwin Nov 1914

Protection Of Aliens By The United States, Simeon E. Baldwin

Michigan Law Review

Every country owes a duty of protection to aliens who are lawfully within its territory. "An alien friend, however transient his presence may be, is entitled to a temporary protection, and owes in return a temporary allegiance."


Recent Important Decisions Nov 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Note And Comment, Harry W. Lippincott, John S. Kelley Jr, George E. Kennedy, Louis R. Lackey Jun 1914

Note And Comment, Harry W. Lippincott, John S. Kelley Jr, George E. Kennedy, Louis R. Lackey

Michigan Law Review

Mutuality in Automobile Agency Contracts - Within the past few years several courts have had to pass upon and construe argreements between the manufacturers and the selling-agents of automoobiles, which have necessitated a thorough discussion of the principles of mutuality of obligation of contracts. The attempt to reach a correct solution has developed a vigorous difference of opinion on the subject in some recent cases which it may be of interest to discuss and compare.


Constitutional Background Of The Recent Japanese Anti-Alien Land Bill Controversy, Harriette M. Dilla May 1914

Constitutional Background Of The Recent Japanese Anti-Alien Land Bill Controversy, Harriette M. Dilla

Michigan Law Review

The recent contention between the Federal Government and the state of California over the anti-alien land measure raised anew the question as to the conflict of state action with treaty stipulations. It is a problem which, under our constitutional system, may arise at any time and demand an individual solution in every instance. The dilemma which has presented itself repeatedly in American history is this: the states have the reserved right to provide for their public welfare and may exercise their police powers even against a foreign country, while to the Federal Government has been delegated the exclusive jurisdiction over …


Note And Comment, George E. Kennedy, Paul B. Barringer Jr, John S. Kelley Jr May 1914

Note And Comment, George E. Kennedy, Paul B. Barringer Jr, John S. Kelley Jr

Michigan Law Review

The Constitutionality of the Webb-Kenyon Act - In the constitutional history of the commerce clause, by virtue of which absolute control of interstate commerce was given to the Federal Government, there is no question which has caused so much difficulty and has resulted in so many unsatisfactory and contradictory. statements of the law as that problem arising through the attempts of many States effectively to enforce prohibition laws. The power over interstate commerce, delegated to the Federal Government, and the police power, reserved to the States, have not seriously conflicted except in this one instance. But the delegation of power …


Marbury V Madison And The Doctrine Of Judical Review, Edward S. Corwin May 1914

Marbury V Madison And The Doctrine Of Judical Review, Edward S. Corwin

Michigan Law Review

What is the exact legal basis of the power of the Supreme Court to pass upon the constitutionality of acts of Congress? Recent literature on the subject reveals a considerable variety of opinion. There are radicals who hold that the power owes its existence to an act of sheer usurpation by the Supreme Court itself, in the decision of Marbury v. Madison. There are conservatives who point to clauses of the Constitution which, they assure us, specifically confer the power. There are legists who refuse to go back of Marbury v. Madison, content in the ratification which, they assert, subsequent …


Recent Important Decisions Apr 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.