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Articles 12151 - 12180 of 12606
Full-Text Articles in Entire DC Network
Constitutional Law - Self-Incrimination - Effect Of State Immunity Statute In Federal Court
Constitutional Law - Self-Incrimination - Effect Of State Immunity Statute In Federal Court
Michigan Law Review
The defendant was indicted for violation of the National Prohibition Act. He pleaded immunity from prosecution in the federal court because of his forced testimony in the trial of another in the state court. Held, the state immunity statute was ineffective to protect the defendant in a federal court. United States v. Smith, 51 F.(2d) 803 (1931).
Should Iowa Establish A Court Of Claims? - Part Ii, Frank E. Horack Jr.
Should Iowa Establish A Court Of Claims? - Part Ii, Frank E. Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Constitutional Law--Compelling Witness Duty From Absent Nationals
Constitutional Law--Compelling Witness Duty From Absent Nationals
Michigan Law Review
One Blackmer, a citizen of the United States wanted as a witness in the prosecution of Fall and Sinclair, removed to France. Primarily for the purpose of compelling him to return as a witness, Congress enacted, in 1926, the statute commonly known as the Walsh Act. This act provides that whenever the Attorney General or any assistant or district attorney acting under him desires as a witness in a criminal action a person abroad who is a "citizen of the United States or domiciled therein," a subpoena may be issued addressed to a United States consul to be served by …
Motions To Make Specific And To Resolve Conclusions, Walter R. Arnold
Motions To Make Specific And To Resolve Conclusions, Walter R. Arnold
Indiana Law Journal
No abstract provided.
State Juvenile Court Procedure For Federal Juvenile Offenders, Howard E. Wahrenbrock
State Juvenile Court Procedure For Federal Juvenile Offenders, Howard E. Wahrenbrock
Michigan Law Review
The Report on the Child Offender in the Federal System of Justice recommends the enactment of federal legislation which will provide means of utilizing the machinery of existing state juvenile courts where federal laws have been violated by children. The details of such legislation are not suggested in the Report. The legal questions to be encountered in the framing of such legislation call for careful consideration if full advantage is to be taken of the knowledge which the study made for the Commission furnishes. Some of the questions of more general interest will be taken as the subject of this …
Appeal And Error - General Verdict On Several Counts- Several Specifications Of Negligence As Constituting One Cause Of Action
Michigan Law Review
In a highway accident case the plaintiff made five distinct allegations of negligence: failure to place lights upon a plank which had been placed across a highway; failure to remove the plank; permitting and suffering the plank to be placed where it was dangerous to travel; failure to construct poles, gates, and guards so that persons using the highway would be informed of the dangerous situation; and failure to employ a watchman to warn the public of the existence of the obstruction. Held, there was but one act of negligence, hence but one cause of action. Therefore, an erroneous …
Progress Report On The Study Of The Federal Courts, Edson R. Sunderland
Progress Report On The Study Of The Federal Courts, Edson R. Sunderland
Michigan Law Review
Report No. 7 is a progress report on the study of the Federal Courts. It describes the plan and scope of the study and presents the results which have been obtained in the only district where sufficiently complete data have been obtained to justify tabulation, namely, the district of Connecticut.
Maintenance Of A Corporation's Capital, D. T. Krauss
Maintenance Of A Corporation's Capital, D. T. Krauss
Tennessee Law Review
No abstract provided.
Foreign Judgments-Defense Of Fraud
Writ Of Coram-Double Jeopardy Limitations
Administrative Tribunals-Right To Federal Injunction Against Administrative Orders
Administrative Tribunals-Right To Federal Injunction Against Administrative Orders
Michigan Law Review
The public utility commission of Ohio refused to permit the plaintiff motor bus company to operate over a portion of the route for which application was made for a certificate. The plaintiff applied to the federal district court for an injunction against enforcement of the commission's order on the ground that it amounted to a deprivation of property without due process. A temporary injunction was granted. Thereafter, the plaintiff took a statutory appeal to the state supreme court, which affirmed the order, after which the plaintiff sought a permanent injunction in the federal court. Held, the decision of the …
Courts-Power To Direct Verdicts Where Forbidden By State Constitution
Courts-Power To Direct Verdicts Where Forbidden By State Constitution
Michigan Law Review
ln a suit for personal injuries the district court of the United States for the district of Arizona directed a verdict for the defendant on the ground that the plaintiff was guilty of contributory negligence. The constitution of Arizona, sec. 5, art. 18 provides: "The defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury." Held, that this section is not binding on a federal court sitting in Arizona, and does not prevent such court from directing a verdict when …
Administrative Finality, A. Martin Tollefson
Administrative Finality, A. Martin Tollefson
Michigan Law Review
The purpose of this article is two-fold. In the first place it is intended to set forth certain determining factors (a) as to whether or not administrative decisions are subject to review in cases where their finality is challenged before the courts and (b) if subject to review, to what extent. The second purpose is to call attention to the need for improvement in this country along the lines of executive or administrative justice from the standpoint of better agencies and better- facilities for disposing of litigated questions within the administrative tribunals. It should be said at the outset, however, …
Federal Practice--Unconstitionality Of A State Statutye-Requirement Of A Three-Judge Court
Federal Practice--Unconstitionality Of A State Statutye-Requirement Of A Three-Judge Court
Michigan Law Review
The plaintiff corporation applied for a preliminary injunction in a suit to restrain the collection of a state franchise tax on the ground that the tax law was unconstitutional under the federal Constitution. After the complaint had been filed and a temporary restraining order had been granted, the defendant moved to dismiss the bill for want of equity, and upon a hearing of the motion the bill was dismissed. The plaintiff then appealed to the circuit court of appeals where the law was held to be unconstitutional and the judgment was reversed. Held, the single judge had no jurisdiction …
Statutory Drafting, G. L. Dosland
The Organization Of The Law Of Corporate Finance, A. A. Berle Jr.
The Organization Of The Law Of Corporate Finance, A. A. Berle Jr.
Tennessee Law Review
No abstract provided.
Executive Encroachment Upon The Judiciary, Charles S. Coffey
Executive Encroachment Upon The Judiciary, Charles S. Coffey
Tennessee Law Review
No abstract provided.
Administative Tribunals-Judicial Review Of Legislative Functions
Administative Tribunals-Judicial Review Of Legislative Functions
Michigan Law Review
On refusal of the Federal Radio Commission to renew its license for a broadcasting station with the existing terms, on the ground that public convenience and necessity did not require it, the applicant company availed itself of a statutory appeal to the court of appeals of the District of Columbia which reversed the finding as to public convenience and necessity. The commission applied to the United States Supreme Court for a writ of certiorari. Held, writ dismissed on the theory that the court had no jurisdiction to review the exercise pf an administrative or legislative power, and that the …
Pleading-Appeal And Error-Theory Of The Case
Pleading-Appeal And Error-Theory Of The Case
Indiana Law Journal
No abstract provided.
Progress Of The Law In The United States Supreme Court, 1929-30, By Gregory Hankin And Charlotte A. Hankin, Hugh E. Willis
Progress Of The Law In The United States Supreme Court, 1929-30, By Gregory Hankin And Charlotte A. Hankin, Hugh E. Willis
Indiana Law Journal
No abstract provided.
Reform Of Legal Procedure: Rulemaking Power For Courts, Sveinbjorn Johnson
Reform Of Legal Procedure: Rulemaking Power For Courts, Sveinbjorn Johnson
Indiana Law Journal
An address delivered to the Indiana State Bar Association at Indianapolis, Thursday, December 18, 1930.
The New Michigan Court Rules, Edson R. Sunderland
The New Michigan Court Rules, Edson R. Sunderland
Michigan Law Review
There are two features of general interest connected with the revised system of practice which went into operation in Michigan on January 1, 1931. The first is the manner of employing the rule-making power, and the second is the content of the new rules.
Inference From An Inference, Malcolm Mcdermott
Inference From An Inference, Malcolm Mcdermott
Tennessee Law Review
No abstract provided.
Regarding Requirements Of Admission To The Bar, Herbert Nace
Regarding Requirements Of Admission To The Bar, Herbert Nace
Tennessee Law Review
No abstract provided.
Courts-Appellate Jurisdiction Of Circuit Courts Of Appeals-Final Decree Or Judgment
Courts-Appellate Jurisdiction Of Circuit Courts Of Appeals-Final Decree Or Judgment
Indiana Law Journal
No abstract provided.
Cases On Pleadings And Procedure, Mason Ladd
Cases On Pleadings And Procedure, Mason Ladd
Michigan Law Review
A review of CASES ON PLEADINGS AND PROCEDURE By Charles E. Clark.