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Waiver Of State Immunity, Edwin D. Dickinson Jul 1925

Waiver Of State Immunity, Edwin D. Dickinson

Articles

"English and American courts have come to regard it as 'an axiom of international law' that foreign states should be immune from suit in the national tribunals unless they to the expressly or impliedly waive their immunity and submit to the jurisdiction.... Yet it has not been doubted that states may waive immunity and submit to the local jurisdiction if they wish. In practice they frequently find it advantageous to do so. Some difficult questions arise when it becomes necessary to define the requisites of a waiver or to determine its precise effect in a particular case."


Freedom Of Speech Under Our Constitution, Abraham Pinsky Jun 1925

Freedom Of Speech Under Our Constitution, Abraham Pinsky

West Virginia Law Review

No abstract provided.


Order Of The Coif Jun 1925

Order Of The Coif

West Virginia Law Review

No abstract provided.


Dual Sovereignty And The Supreme Court, Overton G. Ellis Jun 1925

Dual Sovereignty And The Supreme Court, Overton G. Ellis

Washington Law Review

No abstract provided.


Rights And Estates Of Vendor And Vendee Under An Executory Contract For The Sale Of Real Property, P. John Lichty Jun 1925

Rights And Estates Of Vendor And Vendee Under An Executory Contract For The Sale Of Real Property, P. John Lichty

Washington Law Review

No abstract provided.


The Assignment Of Merchants' Book Accounts As Security, Robert B. Porterfield Jun 1925

The Assignment Of Merchants' Book Accounts As Security, Robert B. Porterfield

Washington Law Review

Repudiating the rule commonly attributed to the famous case of Dearie v. Hall, a rule which for at least 70 years had been understood to be the rule of the Federal courts, the United States Supreme court decided in 1924 that as between successive assignees of the same chose in action, mere priority of notice did not give priority of right.


Principles Of Corporation Law, By William W. Cook (1925), Ivan W. Goodner Jun 1925

Principles Of Corporation Law, By William W. Cook (1925), Ivan W. Goodner

Washington Law Review

No abstract provided.


Cases On The Law Of Public Service, Including The Law Peculiar To Common Carriers And Innkeepers, By Charles K. Burdick, 2d Ed., Harvey Lantz Jun 1925

Cases On The Law Of Public Service, Including The Law Peculiar To Common Carriers And Innkeepers, By Charles K. Burdick, 2d Ed., Harvey Lantz

Washington Law Review

No abstract provided.


What Happens In A French Criminal Trial, D. C. Westenhaver Jun 1925

What Happens In A French Criminal Trial, D. C. Westenhaver

West Virginia Law Review

No abstract provided.


The Statute Of Legitimization And Adoption, Everett Lewis Dodrill Jun 1925

The Statute Of Legitimization And Adoption, Everett Lewis Dodrill

West Virginia Law Review

Legitimation and adoption are institutions unknown to the common law. They are purely creatures of statutes, borrowed from the civil and canon law, in those jurisdictions where the common law prevails. Statutes, providing for the legitimation and adoption of children, however, have become common in the United States, and these Civil Law institutions have been woven into the fabric of common law notions. The development has been especially interesting in the field which we know as the Conflict of Laws. It is the purpose of this paper to examine these institutions with a view to determine under what circumstances, and …


What Is The Beginning Of An Action Or Suit In West Virginia?, L. C. Jun 1925

What Is The Beginning Of An Action Or Suit In West Virginia?, L. C.

West Virginia Law Review

No abstract provided.


Search And Seizure Of Contraband Liquor In Automobile, James Parker Hall Jun 1925

Search And Seizure Of Contraband Liquor In Automobile, James Parker Hall

Articles

No abstract provided.


Prospect For International Law In The Twentieth Century, Manley O. Hudson Jun 1925

Prospect For International Law In The Twentieth Century, Manley O. Hudson

Cornell Law Review

No abstract provided.


Prospect For International Law In The Twentieth Century, Manley O. Hudson Jun 1925

Prospect For International Law In The Twentieth Century, Manley O. Hudson

Cornell Law Review

No abstract provided.


How The Federal Courts Were Given Admiralty Jurisdiction, Harrington Putnam Jun 1925

How The Federal Courts Were Given Admiralty Jurisdiction, Harrington Putnam

Cornell Law Review

No abstract provided.


Extraterritorial Operation And Effect Of Confiscatory Decrees Of The Soviet Government, John Paul Trotter Jun 1925

Extraterritorial Operation And Effect Of Confiscatory Decrees Of The Soviet Government, John Paul Trotter

North Carolina Law Review

No abstract provided.


Redemption From Foreclosure Sale--The Uniform Mortgage Act, Edgar Noble Durfee, Delmar W. Doddridge Jun 1925

Redemption From Foreclosure Sale--The Uniform Mortgage Act, Edgar Noble Durfee, Delmar W. Doddridge

Michigan Law Review

If it be objected that our proposal is wholly novel and that it is the function of the Uniform Act merely to codify existing law, changing it only in so far as is necessary to remove conflicting rules, we would answer that codification in a strict sense is impossible in a field which presents so many conflicting views as that before us. We also believe that the objection is less forceful when the existing law is wholly statutory and half our states have no such law. And we understand that the commissioners have more and more abandoned the strict ideal …


Search Of Automobile Without Warrant--When Reasonable Jun 1925

Search Of Automobile Without Warrant--When Reasonable

Michigan Law Review

The enforcement of the National Prohibition Act has been responsible for raising the search and seizure question to a new height of importance. By Section 26 of that act, any officer discovering any person in the transportation of intoxicating liquors is to seize all such liquors being transported contrary to law. Obviously to secure a search warrant is impossible in the very nature of things the automobile, adapted to speed, is gone long before a warrant could be secured. And the employment of the automobile in the transportation of liquor is carried to such an extent that search and seizure …


The Effect Of Martial Law Upon The Soldier's Liability To The Citizen Jun 1925

The Effect Of Martial Law Upon The Soldier's Liability To The Citizen

Michigan Law Review

The recent case of Bishop v. Vandercook, 228 Mich. 299, raises a group of problems of grave importance, seldom discussed in the courts. Can martial law ever exist under our constitutional form of government, so that a soldier becomes privileged, for the time being, to invade the interests of private citizens in a way which the ordinary police powers would not warrant? When may such extraordinary law and extraordinary privilege exist? Is a soldier ever justified in acting under orders given by his superior under supposed martial law when martial law for some reason is not in force?


Book Reviews Jun 1925

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.


Recent Important Decisions Jun 1925

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Arbitration Under The Modern Statutes Jun 1925

Arbitration Under The Modern Statutes

Michigan Law Review

Of late years the way of the "fair and free trial in open court," to which every man is deemed to have an inalienable right, has become so long, devious, intricate and costly, that the law faces the danger of falling into general disrepute. The calendars of courts in most jurisdictions ·are crowded and filled for months and years in advance. the situation being most acute in the larger cities and commercial centers. the very places where delays are most undesirable. New York City serves as a horrible example-here an ordinary case generally takes three years to come to trial. …


Immunity Of Non-Resident Defendants In Criminal Cases From Service Of Civil Process, Edward W. Hinton May 1925

Immunity Of Non-Resident Defendants In Criminal Cases From Service Of Civil Process, Edward W. Hinton

Articles

No abstract provided.


Use In A State Court Of Evidence Unlawfully Seized By Federal Officer, Edward W. Hinton May 1925

Use In A State Court Of Evidence Unlawfully Seized By Federal Officer, Edward W. Hinton

Articles

No abstract provided.


Book Reviews May 1925

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.


An Address To Young Lawyers, Emmett N. Parker May 1925

An Address To Young Lawyers, Emmett N. Parker

Chicago-Kent Law Review

No abstract provided.


The Reckoning Of Damages In Fluctuating Exchange, Joseph H. Drake May 1925

The Reckoning Of Damages In Fluctuating Exchange, Joseph H. Drake

Michigan Law Review

Not the least serious of the evil effects of the Great War has been the resultant collapse in value of the currencies of foreign countries and the consequent dislocation of exchanges. The case of Sirie v. Godfrey, decided in the Appellate Division of the Supreme Court of New York, presents clearly one of the legal problems arising out of this situation. Goods were bought by an American lady in Paris, in 1913 and 1914, at a cost of about 10,000 francs. These goods were delivered in due time but were not paid for. At the time the goods were …


Negotiable Instruments-Carelessness In Making Checks May 1925

Negotiable Instruments-Carelessness In Making Checks

Michigan Law Review

In a recent case the supreme court of Texas held that the drawer of a check could recover from the drawee bank money paid on a check which had been fraudulently altered in amount by the payee even though the drawer was negligent in drawing the check in such a manner as to facilitate the fraudulent alteration. Glasscock v. First National Bank of San Angelo (Nov. 26, 1924) 266 S. W. 393. The court takes the view, though the decision is not based on it, that sec. 124 of the Negotiable Instruments Law which provides that: "Where a negotiable instrument …


The Remedies Of A Landlord Against A Subtenant May 1925

The Remedies Of A Landlord Against A Subtenant

Michigan Law Review

As against the assignee of the lessee the landlord at common law has practically the same remedies that he had against the original lessee. He can distrain on goods found on the leased premises, to secure rent which is in arrears, 2 TIFFANY, LANDLORD AND TENNANT, § 328; and he has the right to re-enter on breach of expressed condition. 2 TIFFANY, LANDLORD AND TENANT, § 194h. As there is privity of estate between the parties, the landlord can recover for breaches of those covenants in the lease, which run with the land. These primarily are those which touch and …


Extraordinary Writ Of Prohibition In Missouri, The (Concluded), J. P. Mcbaine Apr 1925

Extraordinary Writ Of Prohibition In Missouri, The (Concluded), J. P. Mcbaine

University of Missouri Bulletin Law Series

No abstract provided.