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Articles 217981 - 218010 of 220880
Full-Text Articles in Entire DC Network
The Art Of Legal Practice, Edson R. Sunderland
The Art Of Legal Practice, Edson R. Sunderland
Articles
In one respect the law is the most perplexing subject with which a man can deal. It shifts and changes so rapidly that only a nimble and diligent student can keep abreast of it. One is likely to wake up any morning and find that the legislature has repealed a good part of what he knows, and he is in constant danger of having his most carefully formed opinions completely upset by a new decision of the Supreme Court. These violent changes are not due to any new discoveries, such as constantly enliven the scientific world, but merely to the …
Characteristics And Constitutionality Of Medical Legislation, Harry B. Hutchins
Characteristics And Constitutionality Of Medical Legislation, Harry B. Hutchins
Articles
Right to practice medicine regulated by statute.--In the absence of a statute upon the subject, any person is at liberty to practice medicine or surgery or both. This is the common law. And yet in the absence of a statute the physician necessarily assumes certain responsibilities that grow out of his relation to those whom he treats. He is bound to bring to the discharge of his duties the learning, skill and diligence usually possessed and exercised by physicians similarly situated. In other words, while in the absence of statutory regulation, the door of the profession is open to all, …
Book Reviews, Edson R. Sunderland, Henry M. Bates, Joseph H. Drake
Book Reviews, Edson R. Sunderland, Henry M. Bates, Joseph H. Drake
Michigan Law Review
Stace: Chancery Forms and Precedents. Annotated with Reference to the Practice in Michigan.; Tiffany: Handbook of the Law of Sales, (2nd ed., rev.); Taylor: The Science of Jurisprudence. A Treatise in which the Growth of Positive Law is Unfolded by the Historical Method and its Elements Classified and Defined by the Analytical.
"Subject-Matter", Hugh Evander Willis
"Subject-Matter", Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Measure Of Damages When A Property Is Wrongfully Taken By A Private Individual, Hugh Evander Willis
Measure Of Damages When A Property Is Wrongfully Taken By A Private Individual, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy--Concealment of Property--Bankruptcy Schedules Inadmissible Against Bankrupt on Trial for Concealing Property; Bankruptcy--Jurisdiction--Recovering Excessive Counsel Fees; Bills and Notes--Extension of Time of Payment--Release of Lien of Trust Deed; Carriers--Error in Ticket--Ejection of Passenger; Carriers--Free Pass Within Statutory Prohibition; Constitutional Law--Judgment of Sister State--Full Faith and Credit; Corporations--Promoters--Sales to Corporation; Discovery--Personal In juries--Power of Court to Compel Physical Examination of Plaintiff; Divorce--Defense--Connivance; Elections--Primary Elections--Canvassing of Votes; Eminent Domain--Interest on Award Against the Government; Eminent Domain--"Private Property"--Owner's Remedy--Injunction; Evidence--Burden of Proof--Fraudulent Conveyances; Fire Insurance--Forfeiture of Policies--"Other Insurance"; Insurance--Subrogation--Accident Insurance; Judgment--Conclusiveness of Decision of United States Commissioner on Collateral Attack; Master and Servant--Disobedience …
An Organic Conception Of The Treaty-Making Power Vs. State Rights As Applicable To The United States, Charles Sumner Clancy
An Organic Conception Of The Treaty-Making Power Vs. State Rights As Applicable To The United States, Charles Sumner Clancy
Michigan Law Review
When we talk of the State, its rights or its structures, we are necessarily led to the inquiry, "What do we mean by the State?" Beginning with the proposition that the State is a composite formed of individuals whose lives are shaped by the life of the whole, it necessarily follows that a perfect understanding of any particular State would involve a knowledge of the characteristics of the members who compose it. This of course is obviously impossible, but the theory underlying States generally is founded upon general human characteristics. So we may take as a basis the great truth …
Recovery Of Money Paid Under Mistake Of Law, William P. Rogers
Recovery Of Money Paid Under Mistake Of Law, William P. Rogers
Michigan Law Review
Few questions which come before the courts seem more difficult to settle than those growing out of the maxim, ignorantia juris non excusat. The fact that the most recent decisions bearing on the subject are as much at variance and as conflicting as those rendered more than a century ago, is the excuse, if not a justification, for this article. It is proposed, however, to examine only that phase of the subject found in this inquiry: "Can one recover from another money paid under mistake of law to which the payee is not entitled, and which he can not in …
Book Reviews, Horace Lafayette Wilgus, John R. Rood
Book Reviews, Horace Lafayette Wilgus, John R. Rood
Michigan Law Review
Street: The Foundations of Legal Liability. A presentation of the Theory and Development of the Common Law.; Martin: Mining Law and land Office Procedure. With Statutes and Forms.; Devlin: The Treaty Power Under the Constitution of the United States; Freeman: The American State Reports. Containing the Cases of General Value and Authority Decided in the Courts of Last Resort of the Several States.;
Note And Comment, John R. Rood
Note And Comment, John R. Rood
Michigan Law Review
Continuance in Control of Corporate Funds by Fraudulent Directors; Liability of Maker of Overdue Note to Garnishment; The Relation of the Bank to Its Depositors; Invalid Contracts for Contingent Fees;
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Acknowledgement--Persons Entitled to Take--Officer and Stock-Holder of Corporation; Agency--Brokers--contract of Employment--Middleman--When Commissions are Earned; Bankruptcy--Discharge--Vacation; Bankruptcy--Jurisdiction--Summary Proceeding; Bills and Notes--Liability of Infant on note Given for Necessaries--Misrepresentation of Age; Carriers--Passenger's Signature to Excursion Ticket; Constitutional Law--Eleventh Amendment--Jurisdiction of Federal Circuit Court--Penalty for Disobeying Rate Legislation; Constitutional Law--State Taxation--Property in Transit; Corporations--Franchise and License Distinguished; Damages--Liquidated Damages--Discounts; Death by Wrongful Act--Statute--Construction--Death Outside the State--Right to Sue; Deeds--Adverse Possession--Color of Title; Evidence--Admissions in Pleadings; Evidence--Best Evidence; Evidence--Works on History as Evidence; Extortion--Indictment--Sufficiency; Imprisonment for Debt--Solitary Confinement; Injunction--Scope of Order Restraining Strike; Insane Persons--Conveyances--Avoidance--Ejectment; Insurance--Rescission of Contract--Action for--Interest of Beneficiaries; Interstate Commerce--Regulation of, …
Recent Legal Literature, Harry B. Hutchins, Jerome C. Knowlton
Recent Legal Literature, Harry B. Hutchins, Jerome C. Knowlton
Michigan Law Review
Hamlin: the Act to Regulate commerce and Act Supplementary Thereto; Maupin: marketable Title to Real Estate; Wilcox: Fallacies of the Law; Joslyn: Personal Injury Cases in Illinois
Recent Important Decisions, Michigan Law Reviw
Recent Important Decisions, Michigan Law Reviw
Michigan Law Review
Adverse Possession--Property Subject to Highways; Agency--Brokers--Commissions--When Earned; Bankruptcy--Acts of Bankruptcy--Payment with Intent to Prefer a Creditor; Bankruptcy--Jurisdiction of Court--Suits Between Trustee and Claimants of Property--Suites Against Trustee; Bills and Notes--Nonnegotiable Notes--Liability of Indorser; Bonds--Joint Stock Association--Negotiability; Carriers--Free Transportation as a Penalty; Carriers--Waiver of Stipulations as to Suits; Constitutional Law--Due Process of Law--Indeterminate Sentence Law; Constitutional Law--corporations--Foreign Corporations--Exclusion For Removal of Cause to Federal Courts; Constitutional law--Powers of Constitutional Convention; Criminal Law--Capital Offense--Bail--When Granted; Criminal Law--Murder--Elements of Murder; Damages--Action by Husband for Loss of Wife's Services; Damages--Failure to Deliver Telegram--Mental Suffering--Near Relative; Deeds--Joiner of Infant Husband; Divorce--Temporary Alimony and Counsel Fees--Appeal--Decisions …
University Of Michigan Department Of Law Annual Announcement 1908-1909 And Catalogue Of Students For 1907-1908, University Of Michigan Law School
University Of Michigan Department Of Law Annual Announcement 1908-1909 And Catalogue Of Students For 1907-1908, University Of Michigan Law School
Law School Announcement and Bulletins
Contents; Announcements for 1908-1909; Board of Regents; Faculty of Law; Department of Law; The Department Building; Library; Directions to Candidates for Admission; Requirements for Admission; Combined Course in Collegiate and Law Studies; Admission of Special Students; Admission to Advanced Standing; Class Rating; Examinations for Admission; Courses of Instruction; Special Courses; Examinations; Theses; The Practice Court; Conveyancing; Graduate Study; Roman Law; Mathematics of Annuities and Insurance; Elocution and Oratory; Oratorical Associations; Work in the Department of Literature, Science and the Arts; Literary Societies; Michigan Law Review; Requirements for Graduation; Certificates of Attendance; Text-Books and Books of Reference; Fees and Expenses; Summer …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adoption--Defect in Proceedings--Effect; Bankruptcy--Equitable Rights under Unrecorded Mortgage--Agreement to Insure--Equitable Lien on Insurance Money; Bankruptcy--Insolvent Firm--Individual Estate of Unadjudicated Solvent Partner Not Subject to Administration; Bills and Notes--Liability of Indorser of Non-Negotiable Note; Bills and Notes--Liability of Irregular Indorser; Carriers--Wrongful Treatment of Passengers--Damages for Mental Suffering; Constitutional Law--Imprisonment for Debt--Peonage; Constitutional Law--Interstate Commerce--Shipments Within a State; Corporations--Foreign Corporations--Effect of Withdrawal From State--Validity of Service; Courts--Jurisdiction--Action Under the Laws of Another State; Covenants--Running with the Land; Damages--Destruction of Growing Grass; Evidence--Admissibility of a Deed as an Ancient Document; Evident--Admissions in Pleading; Garnishment--Nonresident Defendant--Jurisdiction; Jury--Right to Trial by Twelve Jurors--Waiver of Jury; …
The Rights And Remedies On Permitting, Diverting, Increasing And Obstructing The Natural Flow, John R. Rood
The Rights And Remedies On Permitting, Diverting, Increasing And Obstructing The Natural Flow, John R. Rood
Michigan Law Review
It is evident that no one hard and fast rule could be applied to all cases, either in city or country, "without producing injustice and impolitic results. The needs and conditions in city and country are different. They usually differ widely in different parts of the same city. These considerations have induced the Supreme Court of New Hampshire to adopt the flexible rule, that: "In determining this question all the circumstances of the case would, of course, be considered; and among them the nature and importance of the improvements sought to be made, the extent of the interference with the …
Legal Ethics, Charles A. Kent
Legal Ethics, Charles A. Kent
Michigan Law Review
Legal ethics is a branch of general ethics. Some consideration of the latter is necessary to an understanding of the former. It is a fundamental fact that men generally, if not all sane men, distinguish certain courses of conduct as right and wrong; just as they say particular objects are beautiful and others ugly. They feel a duty to do some things and to refrain from others. If savages do not feel distinctly the sense of duty, at least they are indignant at certain conduct in their associates, and approve of other acts, on moral grounds. This sense of duty …
The Government's Suit Against The Union Pacific Railroad Company, Edson R. Sunderland
The Government's Suit Against The Union Pacific Railroad Company, Edson R. Sunderland
Michigan Law Review
On February 1st, 1908, a bill was filed in the United States Circuit Court for the District of Utah by the government of the United States, against the Union Pacific, the Southern Pacific, the Northern Pacific, the Great Northern, the Atchison, Topeka & Santa Fe and the San Pedro, Los Angeles and Salt Lake railroad companies, and several individual defendants, under the Anti-Trust law. The principal defendant is the Union Pacific company, which is charged by the government with controlling or influencing the management of the other defendant corporations, in restraint of competition. The suit was brought at the direct …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy--Assignment--Validity--Possession of Res.; Carriers--Assaults by Employees on Passengers; Constitutional Law--Judicial Powers--Legislative Action of City Council Not Enjoined; Constitutional Law--Privileges and Immunities; Constitutional Law--Taxation of Imports; Contracts--Accord and Satisfaction--Consideration; Corporations--Liability of Bondholders on "Bonus Stock"; Covenants--Creation by Acceptance of Deed Poll; Criminal Law--Habeas Corpus--Want of Jurisdiction; Damages--For Wrongful Cutting of Timber--Value of the Manufactured Lumber; Evidence--Admissions of a Tenant in Common; Evidence--Effect of Plaintiff's Refusal to Submit to Physical Examination; Equity--Laches; foreign Corporations--What Constitutes "doing Business" in the State--Restrictions on State in Case of Interstate Commerce; Injunction--Suspension of Operative Force Pending Appeal; Judgment--conclusiveness--Matters Concluded; Judgment--foreign Judgment--Enforcement; Landlord and Tenant--Trade Fixtures--Right of …
Note And Comment, Edson R. Sunderland, John E. Winner, Stephen W. Downey
Note And Comment, Edson R. Sunderland, John E. Winner, Stephen W. Downey
Michigan Law Review
Power of Municipal Corporations to Grant Exclusive Privileges; Police Regulation of Sleeping Car Berths; The Liability of a Husband for Slander and Libel Committed by His Wife; Sufficiency of a Verdict Which Fails to Fix the Time of an Attempt to Commit Burglary, the Punishment Varying With the Time; Grantor's Remedy on Breach of Condition Subsequent;
May Congress Levy Money Exactions, Designated "Taxes," Solely For The Purpose Of Destruction?, John Barker Waite
May Congress Levy Money Exactions, Designated "Taxes," Solely For The Purpose Of Destruction?, John Barker Waite
Michigan Law Review
The questions of taxation have furnished a cause of warfare, armed or wordy, since the meaning of government has been known. The possibility of our Constitution was due, superficially, to the imposition of a tax; its adoption, in great measure, to the absence of a tax, to the lack of a taxing power in the Confederation. Since the adoption of the Constitution with its grant of a taxing power, much of our legislative disagreement has centered on the interpretation of that grant. The case of McCray v. United States, opens up a comparatively untrammeled field of dispute. The basis of …
Recent Legal Literature, Victor H. Lane, Joseph H. Drake
Recent Legal Literature, Victor H. Lane, Joseph H. Drake
Michigan Law Review
Van Dyne: a Treatise on the Law of Naturalization of the United States; Various: Select Essays in Anglo-american Legal History;
Is A Provision For The Initiative And Referendum Inconsistent With The Constitution Of The United States?, W. A. Coutts
Is A Provision For The Initiative And Referendum Inconsistent With The Constitution Of The United States?, W. A. Coutts
Michigan Law Review
We are told today that the Constitution of the United States forbids the adoption of the Initiative and the Referendum, as these involve such purely democratic principles as to be inconsistent with the republican form of government guaranteed by the fourth section of the fourth article of the Federal Constitution. The special interests that are opposed to the Initiative tell us that we must find some other cure for the evils at which it aims; that the Initiative is a purely democratic principle and, as such, it is forbidden by the fourth section of the fourth article of the Federal …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attachment--Property Subject to--Goods Conditionally Sold; Bankruptcy--Receiver and Manager--Insufficient Estate--Priorities; Bankruptcy--Solicitor and Client--Account Stated Bankruptcy of Client--Trustee's Right to Go Behind Stated Account, and Require Details; Banks and Banking--Receivers in Proceedings for Dissolution--Sufficiency of Bill; Bills and Notes--Foreign Bill of Exchange--Failure to Protest; Constitutional law--Equal Protection of the Law--Regulation of Common Carrier; Contracts--Mutuality of Obligation; Corporations--Agreement to Take Shares of Stock; Damages--Mental Suffering--Wanton Wrong; Deeds--Date--Presumption as to Time of Delivery; Deeds--Description--Statement of Quantity Controlling; Elections--Certificates of Nomination--Time of Filing--Accident and Mistake Causing Delay; Evidence--Admissibility of Conversation by Telephone; Evidence--Proof of Value--An Exception to the Hearsay Rule; Husband and Wife--Estate by Entirety--application …
Ignorance And Mistake In The Criminal Law, Edwin Roulette Keedy
Ignorance And Mistake In The Criminal Law, Edwin Roulette Keedy
Articles by Maurer Faculty
No abstract provided.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Acknowledgement--Impeachment--Examination of Married Woman; Bankruptcy--Discharge--Libel; Bankruptcy--Selection of Trustee--Right of Creditors to Elect; Bills and Notes--Genuine Draft with Forged Bill of Lading; Bills and Notes--Release of Indorsers; Carriers--Refulsal to Give Transer--Passenger's Motive in Requesting; Covenants--covenant Against Incumbrances--Runs with the Land; Deeds--Parties--One Not Names as Grantor Signing; Elections--Corrupt Practices Act--who is a Candidate; elections--voting Machines--Statute Unconstitutional; Eminent Domain--Taking of railroad Right of Way for Street Purposes--Measure of Damages; Equity--maxims--application in Suit for Divorce on Statutory Grounds; Evidence--Opinion as to One's Physical Condition--Expert Testimony; Foreign Corporations--Right to do business in State can Become Vested; Foreign Corporations--Service of Process on--What Constitutes "Doing Business"; Foreign …
The Revolutionary Records Of The State Of Georgia, Vol. I, Alan D. Candler
The Revolutionary Records Of The State Of Georgia, Vol. I, Alan D. Candler
Historical Treatises
This compilation contains all authentic records and documents relating to. the Revolutionary period of Georgia history that the compiler has been able to find after a most careful, thorough and diligent search. While it is not presented as a complete compilation, it is believed that it contains most of the official records made during the period of which it treats, certainly all that are now in existence, and to supply the place of original papers not now in existence, well authenticated copies and extracts from contemporaneous publications have been utilized.
Surface Water In Cities, John R. Rood
Surface Water In Cities, John R. Rood
Articles
It is evident that no one hard and fast rule could be applied to all cases, either in city or country, without producing injustice and impolitic results. The needs and conditions in city and country are different. They usually differ widely in different parts of the same city. These considerations have induced the Supreme Court of New Hampshire to adopt the flexible rule, that: "In determining this question all the circumstances of the case would, of course, be considered; and among them the nature and importance of the improvements sought to be made, the extent of the interference with the …
Are Too Many Executive Officers Elective?, Bradley M. Thompson
Are Too Many Executive Officers Elective?, Bradley M. Thompson
Articles
We propose very briefly to call attention, to so much of the present constitution of Michigan as has to do with the executive department, and to consider the methods which the people have adopted for selecting those public servants whose official duty it is to enforce the law, to maintain public order and protect private rights.
Police Regulation Of Sleeping Car Berths, Edson R. Sunderland
Police Regulation Of Sleeping Car Berths, Edson R. Sunderland
Articles
From the time of the introduction of the sleeping car there has been a constant feud between the sleeping car companies and the travelling public in regard to the upper berths. The exigencies of the situation have, of course, made economy of space a prime requisite in sleeping car construction, and there is no doubt but that a high degree of success in this respect has attended the efforts of the sleeping car builders.