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Note And Comment, Edson R. Sunderland, Henry M. Bates, Harry B. Hutchins, John R. Rood, James H. Brewster, James H. Brewster

Michigan Law Review

Constitutional Privileges in the Philippine Islands; A Laudatory Publication as a Cause of Action; The Cy-Pres Doctrine; Duty of Vendee to See to Investment of Funds; the Power to Declare a forfeiture and Sell Property Used in Violation of a Statute; Dying Declarations; "Juvenile Courts" and Jury Trials for Neglected, Delinquent, Children;

Recent Legal Literature, William J. Meyers, William J. Meyers, Joseph H. Drake, Jerome C. Knowlton, Victor H. Lane, Robert E. Bunker, Frank L. Sage, Joseph H. Drake, Frank L. Sage

Michigan Law Review

Noyes: American Railroad Rates; Meyer: Railway Legislation in the United States; Diccy: Lectures on the Relation between Law and Public Opinion in England During the Nineteenth Century; Page: Law of Contracts; Camp: The Encyclopaedia of Evidence; Clement: Fire Insurance as a Void Conttract and as Affected by Construction and Waiver of Estoppel, including miscellaneous provisions and an analysis and comparison of the various standard forms, all reduced to rules with the relevant statutory provisions of all the states. Volume II.; Woodruff: A Selection of Cases on Domestic Relations and the Law of Persons; Kinkead: …

The Laws Of Jamaica, 1906, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1906

Published by authority

University Of Michigan Department Of Law Annual Announcement 1906-1907 And Catalogue Of Students For 1905-1906, University Of Michigan Law School

Law School Announcement and Bulletins

Contents: Announcements for 1906-1907; Board of Regents; Faculty of Law; Department of Law; The Department Building; Directions to Candidates for Admission; Requirements for Admission; Admission to Advanced Standing; Class Rating; Examinations for Admission; Courses of Instruction; Special Courses; Examinations; Theses; The Practice Court; Conveyancing; The Graduate Course; Roman Law; Mathematics of Annuities and Insurance; Elocution and Oratory; Oratorical Associations; Literary Societies; Requirements for Graduation; Certificates of Attendance; Work in the Department of Literature, Science, and the Arts; Master's Degree in Arts or in Science; Text-Books and Books of Reference; Fees and Expenses; Summer Session; Students;

Directory Of 1906 Law Class

Yearbooks & Class Year Publications

Directory of the Law Class of 1906. Published 1908.

Selected Cases On The Law Of Negotiable Instruments, Robert E. Bunker

Books

The cases appearing in this volume have been selected primarily for the use of students pursuing the study of Negotiable Instruments and particularly for students in the Law Department of the University of Michigan. They are arranged in order to conform to the plan of instruction now pursued in that Department. The plan to which reference is made is sufficiently indicated by the Table of Contents infra. In brief, it involves a study of the law of Negotiable Instruments on the basis of the contract of the several parties as that law has been declared by the courts and, …

Law As A Culture Study, Edson R. Sunderland

Articles

That acute observer and commentator on American institutions, James Bryce, in an oft-quoted statement in his American Commonwealth, pays a high tribute to the efficiency of American law schools. "I do not know if there is anything," he writes, "in which America has advanced more beyond the mother country than in the provision she makes for legal education." In passing this generous judgment, in which many other eminent Englishmen have concurred, he views our law schools simply as institutions for developing technical proficiency among students destined to fill the ranks of the legal profession. And this is, indeed, the principal …

Bulletin Of Richmond College: Catalogue Of The Law School For 1906-1907, University Of Richmond

Law School Catalogues

The founders of Richmond College showed rare wisdom and foresight in selecting a location for their institution. Richmond is not only the capital of Virginia, but is the best known city in the South, and one of the historic cities of the world. Enduring memorials of American heroes constantly teach lessons of patriotism and inspire young men with noble ideals. The busy city, with its varied manufactories and extensive commerce, reminds the student that the modern scholar must be practical as well as learned. Richmond lies midway between the severe cold of the North and the relaxing heat of the …

Some Observations On Case Law Reporting, John R. Rood

Articles

There is an old tradition, still believed by many lawyers, that these year-books were official reports made by a reporter appointed and paid by the king. If there ever was such a reporter, he is yet to be discovered. No year-books have been found in the treasury of the courts; there is no record of the appointment or payment of any official reporter, through all the two hundred and fifty years covered by the year-books; all the year-books now in the British Museum were found in private hands.2 Is it conceivable that an official reporter would criticize the court and …

The Cy-Pres Doctrine, Harry B. Hutchins

Articles

The CY-Pres Doctrine.-The court of chancery of New Jersey in the recent case of Brow et al. v. Condit et al. (Sept. 30, 1905), 61 Atl. Rep. 1055, refused to apply this doctrine under the following circumstances: The will of one Susan M. Corson, bearing date July 7, 1897, disposed of her residuary estate "to the Hospital Fund for Sick Seamen at Navy Yard, Brooklyn, New York, care of Mr. John M. Wood, chaplain." It appears that neither at the time of the making of the will nor at any time thereafter was there a fund in existence at or …

An Inroad Upon Fiduciary Integrity, Edson R. Sunderland

Articles

It is a principle universally recognized throughout our system of law, that no person shall be permitted to occupy a position of trust and confidence who at the same time is clearly subject to influences hostile to a faithful performance of his trust. There is a rule as old as Christianity, and it has been incorporated into our law from the earliest times, that "no man shall serve two masters; for either he will hate the one and love the other, or he will hold to the one and despise the other." Fiduciary relations can rest upon no foundation but …

The Compensation Of Medical Witnesses, Harry B. Hutchins

Articles

The power to compel testimony is inherent in every court, for without it justice could constantly be thwarted. Generally all persons may be compelled to give evidence that is relevant to the matter in controversy. If, therefore, a person who has been duly summoned as a witness at a particular trial absents himself therefrom, without just cause, or attending, refuses to give evidence or to answer questions when directed so to do by the court, he is liable to punishment for contempt.1 But there are limitations upon the general rule, some based upon principles of legal policy and some upon …

Are A Knowledge Of An Offer And Intent To Accept Essential To The Recovery Of A Reward Offered?, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

Recent Legal Literature, Harry B. Hutchins, Joseph H. Drake, Jerome C. Knowlton, Edwin C. Goddard, John R. Rood

Michigan Law Review

Pomeroy: Equity Jurisprudence and Equitable Remedies, 3rd ed.; Ware: Roman Water Law, translated from the Pandects of Justinian; Scott (ed.): Cases on Quasi-Contracts; Woodruff: Selected Cases on the Law of Quasi-Contracts; Clark and Skyles: A Treatise on the Law of Agency; Clark and Marshall: A Treatise on the Law of Crimes; Hill: Lincoln the Lawyer

War Arbitration And Peace, William Perry Rogers

Michigan Law Review

In examining any question which pertains to the welfare of humanity there are two prominent view points from which to start. One is that of the individual being; the isolated man; the unit of society. The other is that of the mass of mankind; the people as a whole; the corporate organization of states and nations. There are those who believe in a God of nations. They believe He guides their destinies in perils of battle, and in great and dangerous emergencies; but they insist that He has little or nothing to do with the affairs of the individual. Conversely, …

Note And Comment, Horace Lafayette Wilgus, Henry M. Bates, Charles H. L'Hommedieu, Maurice C. Mcgiffin

Michigan Law Review

Including Breach of Contract--Lumley V. Gye; Vote by machine is a Constitutional Ballot; Administration Upon Estates of Absentees; A Labor Union's Right to Declare and Carry Out a Boycott

Recent Legal Literature, Jerome C. Knowlton, Edson R. Sunderland, Edwin C. Goddard, John R. Rood, Harry B. Hutchins

Michigan Law Review

Lawson: The Principles of the American Law of Contracts at Law and in Equity; Hartsbhorne: Courts and Procedure in England and New Jersey; Schouler: The Law of Bailments, Including Pledge, Innkeepers and Carriers; Freeman: The American State Reports. Containing cases of general value and authority, etc.; Bowlby, Lloyd, Amory, Emerson, and Abbe (Eds.): Wharton and Still's Medical Jurisprudence

Territorial Expansion Of The Common Law Ideal, John F. Simmons

Michigan Law Review

It is a truism to declare that we live in an age of evolution; but evolution is only growth and growth, however trite it may seem, is after all an ever-recurring miracle and a miracle implies the marvelous. Among the marvels which appear in the evolution of our times, none is more remarkable than the persistency of the expansion of the ideas and ideals of the Common Law. Before the dawn of history, the records which the tongues of mankind have kept, and which the persistency of certain tribal peculiarities has confirmed, teach us that the races which today dominate …

Consideration V Causa In Roman-American Law, Joseph H. Drake

Michigan Law Review

In the case of Mtembre v. Webster, decided recently (19o4) in the Supreme Court of Cape Colony, South Africa, the court (De VILLIERS, J.) says that the causa of Roman-Dutch Law* (oorsaak-German Ursache) has become for all practical purposes equivalent to the valuable consideration of the Common Law., The court says further, 'I can not find that in practice any gratuitous promises except donations-as to which there are especial rules were ever enforced by law.' Sir Frederick Pollock in commenting on this case says, "The power of the Common Law to impose its conceptions on foreign systems when opportunities occur …

Uniform State Laws Governing Negotiable Documents Of Title, Francis B. James

Michigan Law Review

Our forefathers, not foreseeing that the States would some day become one country for commercial purposes, failed to vest in Congress power to regulate all commerce, but limited that body to such as was interstate or foreign. An unexpected (and by many now believed erroneous) decision by the Supreme Court of the United States1 in 1869, that a contract between citizens of different states did not constitute interstate commerce, checked the growth of that unity of law so convenient in the development of industries, national in character. For one hundred years, from 1789, when the Constitution was adopted, to 1890, …

Note And Comment, Harry B. Hutchins, Henry M. Bates, John R. Rood, John R. Rood, Charles R. Dibble, John R. Rood, Horace Lafayette Wilgus

Michigan Law Review

The Law School; Unauthorized Operation by Physician; The Kansas Oil Refinery Bill; Garnishment of Public Corporations; The rule in Wild's Case Today; Effect of a complicated Form of Ballot on the Elector's Freedom of Choice; Situs of Debts for Garnishment; Malicious Interference With the Contract of Employment

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Banks--Equity--Insolvency--Preference of Creditors; Banks--Special or General Deposit; Constitutional law--Due Process of Law; Constitutional Law--Right of Property; Contract--Liability for Breach in Discharge of a Professor; Corporations--Liability of Directors for Excessive Indebtedness; Criminal Law--Larceny Distinguished from False Pretenses; Criminal Law--Remarks of District Attorney--Appeals to Race Prejudice; Damages--Proper Averment in an Action for Deceit in the Sale of Realty; Easement--Right of Way--Immemorial Custom--Easements Appurtenant; Elections--Constitutionality of Law Changing Date--Holding Over; Evidence--Personal Injury--Physical Examination of Plaintiff; Evidence--Physical Examination of Accused; Evidence--Privileged Communication--County Attorney; Execution--Premature--Collateral Attack; Foreign Corporations--Service of Process on Officer; Homestead--Oral Contract for Conveyance--Specific Performance; Husband and Wife--Liability of Husband for the Support …

Recent Legal Literature, Joseph H. Drake, Victor H. Lane, John R. Rood, Victor H. Lane, John R. Rood

Michigan Law Review

Willard: Notes to the Spanish Civil Code; Howe: Studies in the civil Law and its relations to the jurisprudence of England and America, with references to the alw of our insular possessions; Judson: The Law of Interstate Commerce and its Federal Regulation; Bigelow: The Law of Crimes; Wheeler: Daniel Webster, The Expounder of the Constitution; Goodwin: A Treatise on the Law of Real Property

Yellow Pages Legal Ads In Texas: The Complexities Of Dr 2-101(B) & (And) (C)., Vincent Robert Johnson

St. Mary's Law Journal

This Article explains how attorneys can avoid private reprimands for advertisements in the Yellow Pages pursuant to subsection (B) and (C) of the Texas Code of Professional Responsibility Disciplinary Rule 2-101, given there is no scholarship or precedent. Subsection (B) requires an advertisement to include the name of a lawyer who is licensed to practice law in Texas, who will be responsible for performing the legal service, and the areas of law in which they practice. Subsection (C) requires detailed statements be included concerning whether the individuals named in compliance with subsection (B) are certified with the Texas Board of …

The 1983 Revision Of The Texas Mental Health Code., George E. Dix

St. Mary's Law Journal

Abstract Forthcoming.

Adminsitrative Law: Journey Through The Administrative Process And Judicial Review Of Administrative Actions., William H. Chamblee

St. Mary's Law Journal

Abstract Forthcoming.

Discount Brokerage Services, The Glass-Steagall Act, And Branch Banking In Texas., Scott D. Osborn

St. Mary's Law Journal

Abstract Forthcoming.

State Jurisdiction In Divorce Actions Involving A Non-Resident Spouse., Linda Bustamente Specht

St. Mary's Law Journal

Abstract Forthcoming.

Church And State - The Mandate Of The Establishment Clause: Wall Of Separation Or Benign Neutrality., William J. Cornelius

St. Mary's Law Journal

Instead of continuing down the path of confusing, contradictory, and inconsistent nonestablishment clause decisions, the Court should opt for a new approach—benign neutrality. The Court currently follows one of three general approaches when deciding nonestablishment clause issues—Wall of Separation theory, Strict Neutrality theory, or the Accommodation theory. None of these three approaches has led to any clear standards or principles. The Wall of Separation theory has been argued to be the most historically accurate representation of the Framer’s intent, but that is inaccurate. Instead, the Framers pursued religious freedom instead of complete separation in order to partially avoid usurpation by …

The Scope Of Texas Probate Jurisdiction Over Matters Incident And Appertaining To An Estate., Paula C. Tredeau

St. Mary's Law Journal

Providing for probate court jurisdiction to accommodate all types of probate issues would lead to a more efficient probate system in terms of cost, time, and judicial economy. However, the constitutional and statutory constraints establish serious limits on probate jurisdiction. The 1973 legislature adopted a major revision to section 5 of the Probate Code to simplify and clarify probate jurisdiction by reorganizing the probate court system. In the four subsequent revisions to section 5 of the Probate Code, the issue of whether to distinguish the phrases “appertaining to an estate” and “incident to an estate” arose. These subsequent amendments continued …