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Articles 12121 - 12150 of 12606
Full-Text Articles in Entire DC Network
Comment Upon Failure Of Accused To Testify, Robert P. Reeder
Comment Upon Failure Of Accused To Testify, Robert P. Reeder
Michigan Law Review
Last year the American Law Institute and the American Bar Association adopted resolutions declaring that when the defendant in a criminal trial does not testify the prosecution should be permitted to comment upon that fact. They urged the overthrow of a rule of law which have prevailed in the federal courts ever since accused persons were first permitted to give testimony, over fifty years ago, and which has governed the courts of forty-two out of the forty-eight states. The discussions which preceded the adoption of the resolutions have been published. In them the advocates of the change do not show …
Limiting Jurisdiction Of Federal Courts-Pending Billscomment By Members Of Chicago University Law Faculty
Michigan Law Review
At the time the last session of Congress adjourned four important bills affecting the jurisdiction of federal district courts were being considered. The Norris-La Guardia bill would abolish the jurisdiction of federal district courts in suits of a civil nature "between citizens of different states." The Attorney General's bill would not eliminate any of the language of the first paragraph of section 24 of the Judicial Code but would add a provision that a foreign corporation carrying on business in a state other than the one wherein it was organized shall be treated as a citizen of the state wherein …
Equity-Injunction Against Criminal Proceedings
Equity-Injunction Against Criminal Proceedings
Michigan Law Review
The possessor of certain slot machines filed a bill in equity to enjoin police interference with their operation. Although the machines, as operated, sold mints for each coin played and occasionally vended tokens which allegedly had no exchange value, they could be changed, by the removal of a pin, into an actual gambling device. The court held in Chambers v. Bachtel, that the bill should be dismissed.
Injunctions Of State Courts Restraining Parties From Proceeding In The Tribunals Of Other States
Injunctions Of State Courts Restraining Parties From Proceeding In The Tribunals Of Other States
Michigan Law Review
It has long been accepted that a court of equity, acting in personam, can enjoin one over whom it has jurisdiction from bringing an action in a foreign tribunal. A nice question is presented when an effort is made to determine on what occasions the court will exercise that power. It is frequently said that it will be exercised but sparingly, and then only where a clear equitable right is established by the petitioner. This, in spite of the strong language commonly accompanying such statements, is no more than that which the court requires for the issuance of any …
Should Record In A Court Of Last Resort Consist Only Of The Opinion In The Intermediate Appellate Court?, Joseph M. Cormack
Should Record In A Court Of Last Resort Consist Only Of The Opinion In The Intermediate Appellate Court?, Joseph M. Cormack
Popular Media
No abstract provided.
Essentials Of Claim And Defense In Actions In Tort, H. B. Schermerhorn
Essentials Of Claim And Defense In Actions In Tort, H. B. Schermerhorn
Tennessee Law Review
No abstract provided.
Conflicting Interests Of States Over Interstate Waters, Charles N. Burch
Conflicting Interests Of States Over Interstate Waters, Charles N. Burch
Tennessee Law Review
No abstract provided.
Cotton And The Constitution, Robert S. Kessler
Cotton And The Constitution, Robert S. Kessler
Tennessee Law Review
No abstract provided.
Cardozo And The Supreme Court, Samuel Jackson
Cardozo And The Supreme Court, Samuel Jackson
Indiana Law Journal
No abstract provided.
Federal Injunction Against Proceedings In State Courts: The Life History Of A Statute, Edgar Noble Durfee, Robert L. Sloss
Federal Injunction Against Proceedings In State Courts: The Life History Of A Statute, Edgar Noble Durfee, Robert L. Sloss
Michigan Law Review
The Judicial Code provides, in section 265, that "the writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a State," except where authorized by the Bankruptcy Act. This provision, minus the bankruptcy exception, first appeared in an act of 1793, amending the Judiciary Act of 1789. We know next to nothing of the parliamentary history of this statute. We do, however, know that the basic political issue in the framing of the Constitution was that of states' rights, the question how far the new government should be a …
Author And Title Index To Papers And Index To Portraits In The Proceedings Of The Bar Association Of Tennessee, Sessions 1050, 1882-1931
Tennessee Law Review
No abstract provided.
The New Tennessee Code, Charles C. Trabue
Proceedings Before A Justice Of The Peace, Richard N. Ivins
Proceedings Before A Justice Of The Peace, Richard N. Ivins
Tennessee Law Review
No abstract provided.
A History Of Codification In Tennessee (Con't), Samuel C. Williams
A History Of Codification In Tennessee (Con't), Samuel C. Williams
Tennessee Law Review
No abstract provided.
Bailments-Nature Of Relationship-Duty Of Bailee
Bailments-Nature Of Relationship-Duty Of Bailee
Indiana Law Journal
No abstract provided.
Limitation Of Diversity Jurisdiction In Cases Affecting Foreign Corporations, Gustavus Ohlinger
Limitation Of Diversity Jurisdiction In Cases Affecting Foreign Corporations, Gustavus Ohlinger
Michigan Law Review
On February 29, 1932, President Hoover sent to the Senate and House of Representatives a message recommending that the jurisdiction of federal courts based on diversity of citizenship be modified by "providing that where a corporation, organized under the laws of one State, carries on business in another State it shall be treated as a citizen of the State wherein it carries on business as respects suits brought within that State between it and the residents thereof arising out of the business carried on in such State."
Procedural Reform In Indiana, Bernard C. Gavit
Procedural Reform In Indiana, Bernard C. Gavit
Indiana Law Journal
No abstract provided.
A History Of Codification In Tennessee, Samuel C. Williams
A History Of Codification In Tennessee, Samuel C. Williams
Tennessee Law Review
No abstract provided.
Contributors Of Articles In This Issue
Changing Concepts Of A Lawyer's Preparation, Will Shafroth
Changing Concepts Of A Lawyer's Preparation, Will Shafroth
Tennessee Law Review
No abstract provided.
Liability Of Drawee Bank Where A Check Or Bill Has Been Materially Altered Before Payment, Acceptance Or Certification, Elmer W. Beasley
Liability Of Drawee Bank Where A Check Or Bill Has Been Materially Altered Before Payment, Acceptance Or Certification, Elmer W. Beasley
Tennessee Law Review
No abstract provided.
History Of The Bar Association Of Tennessee From 1924 To June, 1931
History Of The Bar Association Of Tennessee From 1924 To June, 1931
Tennessee Law Review
No abstract provided.
Courts-Discretion To Refuse Jurisdiction-Forum Non Conveniens
Courts-Discretion To Refuse Jurisdiction-Forum Non Conveniens
Michigan Law Review
In these days of frequent travel and of corporations doing business in many states, a plaintiff with a transitory cause of action often can get personal service on defendant in more than one jurisdiction. This privilege may be abused, and to meet such abuse a plea of forum non conveniens is proper, the substance of which, as its name implies, is that the forum is not appropriate for the trial of the suit. Where either of the parties is a resident, or where the cause of action arose within the jurisdiction, the forum will usually be as appropriate as any, …
Progress Of The Law In The U. S. Supreme Court, 1930-31, By Gregory Hankin And Charlotte A. Hankin, Hugh E. Willis
Progress Of The Law In The U. S. Supreme Court, 1930-31, By Gregory Hankin And Charlotte A. Hankin, Hugh E. Willis
Indiana Law Journal
No abstract provided.
Civil Pleading In Scotland, Robert Wyness Millar
Civil Pleading In Scotland, Robert Wyness Millar
Michigan Law Review
Said Lord Chancellor Loreburn, in his answers to the questions addressed to him by Mr. Justice Lurton, preparatory to the drafting of the Federal Equity Rules of 1912: "It may be worth while for Mr. Justice Lurton and his coadjutors to consider the Scottish method of pleading which, in my opinion, is the best." This can only mean that the Lord Chancellor regarded the method in question as superior to that obtaining under the English Rules - certainly a high testimonial coming from such a quarter. Whether the opinion is justified or not is a question which may be left …