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Sexual Root Of Kleptomania, Wilhelm Stekel Jan 1911

Sexual Root Of Kleptomania, Wilhelm Stekel

Journal of Criminal Law and Criminology

No abstract provided.


Notes On Current And Recent Events Jan 1911

Notes On Current And Recent Events

Journal of Criminal Law and Criminology

No abstract provided.


Bibliography Of Periodical Literature Jan 1911

Bibliography Of Periodical Literature

Journal of Criminal Law and Criminology

No abstract provided.


Public Defense In Criminal Trials , Maurice Parmelee Jan 1911

Public Defense In Criminal Trials , Maurice Parmelee

Journal of Criminal Law and Criminology

No abstract provided.


Crime And Punishment , George W. Kirchwey Jan 1911

Crime And Punishment , George W. Kirchwey

Journal of Criminal Law and Criminology

No abstract provided.


Notes On Current And Recent Events Jan 1911

Notes On Current And Recent Events

Journal of Criminal Law and Criminology

No abstract provided.


Book Reviews And Notes Jan 1911

Book Reviews And Notes

Journal of Criminal Law and Criminology

No abstract provided.


Criminal Procedure In England , John D. Lawson, Edwin R. Keedy Jan 1911

Criminal Procedure In England , John D. Lawson, Edwin R. Keedy

Journal of Criminal Law and Criminology

No abstract provided.


Editorial Jan 1911

Editorial

Journal of Criminal Law and Criminology

No abstract provided.


Anglo-American Philosophies Of Penal Law, Herbert Spencer Jan 1911

Anglo-American Philosophies Of Penal Law, Herbert Spencer

Journal of Criminal Law and Criminology

No abstract provided.


Judicial Decisions On Criminal Law And Procedure Jan 1911

Judicial Decisions On Criminal Law And Procedure

Journal of Criminal Law and Criminology

No abstract provided.


Editorial Comment Jan 1911

Editorial Comment

Journal of Criminal Law and Criminology

No abstract provided.


Reform Of The Criminal Law In Germany, Adolf Hartmann Jan 1911

Reform Of The Criminal Law In Germany, Adolf Hartmann

Journal of Criminal Law and Criminology

No abstract provided.


Book Reviews Jan 1911

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.


Notes On Current And Recent Events Jan 1911

Notes On Current And Recent Events

Journal of Criminal Law and Criminology

No abstract provided.


Liquidated Damages And Estoppel By Contract, Joseph H. Drake Jan 1911

Liquidated Damages And Estoppel By Contract, Joseph H. Drake

Articles

In the last edition of "Sedgwick's Elements of the Law of Damages" the author says (p. 232) that the subject of liquidated damages has been put in a new light by the two cases of the Sun Printing and Publishing Association v. Moore1 and the Clydebank R. &S. Co. v. Castaneda,2 and that they may be expected to have a considerable effect upon the further development of the law on the subject. The learned author then presents the old canons of interpretation with full illustration from the cases, followed by the citation of the decisions above mentioned, and concludes that …


What Are The Rights Of The Vendor Of Good Will?, Joseph H. Drake Jan 1911

What Are The Rights Of The Vendor Of Good Will?, Joseph H. Drake

Articles

Various attempts have been made to answer this question by defining the term "good will" and in this way determining what passes to the vendee and, e converso, what rights are left to the vendor. Lindley, however, says, "the term good will can hardly be said to have any precise signification." LINDLEY-EWELL, 2nd Ed., 439. Though indefinable the term is said to be divisible, as in the case of Foss v. Roby (1907), 195 Mass. 297, where it is said, following previous decisions, that in a commercial partnership the good will is largely local in character whereas in a professional …


Power Of Governor-General To Expel Resident Aliens From Insular Territory Of The United States, Horace Lafayette Wilgus Jan 1911

Power Of Governor-General To Expel Resident Aliens From Insular Territory Of The United States, Horace Lafayette Wilgus

Articles

In the case of Forbes et al. v. Chuoco Tiaco, decided by the Supreme Court of the Philippine Islands July 30, 1910, 8 Off. Gaz., p. 1778, some of the most interesting, important, and fundamental questions were presented and determined for the time being, but not settled, it is reasonably safe to say until passed upon by the Supreme Court of the United States. The questions involved were whether the Governor General of the Philippine Islands has the power to expel resident Chinese aliens without a hearing or an opportunity to be heard, and whether the Governor, if he exceeded …


Liability Of Master For Wilful Or Malicious Acts Of Servant (Ii), Floyd R. Mechem Jan 1911

Liability Of Master For Wilful Or Malicious Acts Of Servant (Ii), Floyd R. Mechem

Michigan Law Review

Returning now to the general question of the master's liability for malicious acts in cases not affected by any such special considerations as those which have just been considered, it may be premised, as has been already stated, that the tendency of the modem cases is undeniably to attach less importance to the motive with which the act was done and to give more attention to the question whether or not it can be deemed to fall within the scope of the servant's employment.


Charter Contracts And The Regulation Of Rates, Charles G. Fenwick Jan 1911

Charter Contracts And The Regulation Of Rates, Charles G. Fenwick

Michigan Law Review

Considering how well-established the doctrine has been for over eighty years that the charters of public service corporations are to be construed strictly in favor of the state when a dispute arises as to the extent of their powers, it may be a matter of surprise on first consideration that there should have been such a large body of litigation over the construction of these charters. Why were they not worded in unequivocal terms? Or have the courts, in the desire of protecting the state, done violence to the plain intent of words? Eliminating such charters as have been deliberately …


Topical Index To Recent Legal Literature, Michigan Law Review Jan 1911

Topical Index To Recent Legal Literature, Michigan Law Review

Michigan Law Review

No abstract provided.


Recent Important Decisions, Michigan Law Review Dec 1910

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Banks and Banking--Authority of Cashier--When Knowledge of Cashire is Not Imputed to Bank; bills and Notes--Title to Personality Retained as Collateral Security--Right of Transferee; Boundaries--Fences--Ejectment--Champerty; Charities--Religious Corporations--Torts--Respondent Superior; Constitutional Law--Due Process--Regulation of Railroad; Constitutional Law--Interstate Commerce--Use of Automatic Couplers--Police Power; Corporations--Monopolies--Collateral Contracts--Defenses; Damages--Breach of Contract--Measure of Damages; Damages--Fright Producing Miscarriage--Trespass; Deeds--Privy Examination of Marries Women Over Telephone; Estoppel--What Constitutes; Evidence--Admissibility of Declaration of Pain and Suffering; Fire Insurance--Waiver of Conditions by Agent; Husband and Wife--Right of Wife to Sue for Alienation of Husband's Affections; Judgments on the Merits, What Constitutes--Form--Nonsuit; Landlord and Tenant--collapse of Building--Liability of Tenant; Master and Servant--Acts …


Liability Of Master For Wilful Or Malicious Acts Of Servant (I), Floyd R. Mechem Dec 1910

Liability Of Master For Wilful Or Malicious Acts Of Servant (I), Floyd R. Mechem

Michigan Law Review

In general-While it is well settled that the principal or master is responsible to third persons for the negligent act of his servant or agent, committed within the scope of his authority, it has been held in many cases that he is not liable for the agent's wilful or malicious act. In the language of Judge Cowen, which fairly states the doctrine of these cases, "the dividing line is the wilfulness of the act." It is perhaps not strange that a distinction in the master's responsibility for negligent acts and for wilful acts should constantly present itself. The very idea …


The Establishment Of Judicial Review (I), Edwin S. Corwin Dec 1910

The Establishment Of Judicial Review (I), Edwin S. Corwin

Michigan Law Review

When Gladstone described the Constitution of the United States as "the most wonderful work ever struck off at a given time by the brain and purpose of man," his amiable intention to flatter was forgotten, while what was considered his gross historical error became at once a theme of adverse criticism. Their contemporaries and immediate posterity regarded the work of the Constitutional Fathers as the inspired product of political genius and essentially as a creation out of hand. Subsequently, due partly to the influence of the disciples of Savigny in the field of legal history, partly to the sway of …


Book Reviews, Jerome C. Knowlton, Victor H. Lane, Joseph H. Drake Dec 1910

Book Reviews, Jerome C. Knowlton, Victor H. Lane, Joseph H. Drake

Michigan Law Review

Tucker: Contracts in Engineering; Osborn: Questioned Documents--A Study of Questioned Documents with an Outline of Methods by which the Facts may be Discovered and Shown; Scott (ed. and trans.): The Visigothic Code (Forum Judicum)


Topical Index To Recent Legal Literature, Michigan Law Review Dec 1910

Topical Index To Recent Legal Literature, Michigan Law Review

Michigan Law Review

No abstract provided.


Topical Index To Recent Legal Literature, Michigan Law Review Nov 1910

Topical Index To Recent Legal Literature, Michigan Law Review

Michigan Law Review

No abstract provided.


A Recent History Of English Law, Arthur Lyon Cross Nov 1910

A Recent History Of English Law, Arthur Lyon Cross

Michigan Law Review

In 1607, if his own word can be behaved, "tough old Sir Edward Coke," that monster of legal learning, told King James I "that causes which concern the life, or inheritance, or goods, or fortunes of his subjects are not to be decided by natural reason, but by the artificial reason and judgment of the law, which requires long study and experience before a man can attain to the cognizance of it." The celebrated Sir John Fortesque, when pressed on one occasion in the reign of Henry VI by the legal absurdity of a distinction he was laying down as …


Some Historical Matter Concerning Trade-Marks, Edward S. Rogers Nov 1910

Some Historical Matter Concerning Trade-Marks, Edward S. Rogers

Michigan Law Review

Most of the text books on the subject of trade marks begin with the case of Southern v. How, and either expressly assert, or by implicating convey the impression that trade marks are a comparatively modern thing, when, as a matter of fact few human institutions can boast a more respectable antiquity. The use of trade marks dates from the very earliest times of which we have any knowledge. The recent excavations in Asia Minor and in Egypt have revealed bricks bearing names which are supposed to be those of the manufacturers accompanied in many instances by devices. Roman bricks …


Recent Important Decisions, Michigan Law Review Nov 1910

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney and Client--Authority of Attorney--Compromise; Attorney and Client--Disbarment--Reasonable Doubt; Bankruptcy--Corporations Subject to Involuntary Bankruptcy--Amendment of 1910; Bankruptcy--Following Trust Funds into Hands of Trustee in Bankruptcy; Bills and Notes--Notice by Mail--Proof of Mailing; Bills and Notes--Right of Drawee of Forged Check or Draft to Recover Money Paid Thereon; Boundaries--Line Between Riparian Owners; Boundaries--Monuments Give Way to Courses and Distances; Carriers--Limitation of Amount of Recovery in Case of loss of Baggage; Charities--Testamentary Trusts--Gift for Masses; Constitutional Law--Religious Liberty--Religious Exercises in Schools--Bible; Contracts--In Restraint of Trade--When Valid; Courts--Doctrine of Stare Decisis; Evidence--Admissibility of Confessions; Evidence--Admissibility of Market Quotations; Executors and Administrators--Denial of Application …