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Public Utility Holding Company Act - Corporate Simplification And Geographic Integration Under Section Ii, Brackley Shaw

Michigan Law Review

Section II of the Public Utility Holding Company Act of 1935, the so-called "death sentence" clause, carries the specifications for achieving two of the government's main objectives in passing the act: corporate simplification and geographical integration of the large utility holding company systems.

Constitutional Law - Validity Of Mortgage Moratorium Act - Effect Of Lapse Of Time On "Emergency'' Legislation, Ralph Winkler

Michigan Law Review

A mortgage moratorium law was enacted in Nebraska in 1933. It was re-enacted in 1935 and again in 1937. The act recited that an emergency existed and that the law was adopted to provide for this condition. The instant case involved the constitutionality of this law. A majority of the court held that the law violated the due process clause and the contracts clause of the state constitution. While the court admitted that "land values have not been restored to the prices they had attained prior to March 1, 1934," nevertheless, "It appears that there is no crisis now prevailing …

Coroners - Inquests - Right To Exhume Body After Burial, James W. Mehaffy

Michigan Law Review

Two weeks after burial of deceased, report was received of analysis of contents of the stomach, indicating death by poisoning. The coroner desired to hold an inquest for further investigation five weeks after burial, and sought to exhume the body for that purpose. The husband of the deceased sought to enjoin the exhumation. Held, the body may be exhumed. Sejrup v. Shepard, (Minn. 1937) 275 N. W. 687.

Family Watchdog, John S. Bradway

Faculty Scholarship

No abstract provided.

Some Legal Aspects Of The Social Security Act, James D. Hayes

Notre Dame Law Review

No abstract provided.

Governmental Powers, State And National, Under Our Constitutional System, Orie Leon Phillips

Michigan Law Review

We are living in a day when democracy is receding and the totalitarian state is advancing on many fronts. Three great nations have accepted as their governmental system authoritarian collectivism. Under the totalitarian systems, the right of the individual to think freely, to engage in free enterprise, to enjoy personal liberty, and to work out his own destiny is taken away. Instead, there is a regimentation of human beings, where everyone's thought, everyone's time, everyone's labor, and at last everyone's life, are at the disposal of a supreme authority. Of course, such a system means the vesting of tremendous powers …

Restricted Testation In New Zealand, Australia And Canada, Joseph Dainow

Michigan Law Review

One of the long accepted differences between the common law and the civil law has been the freedom of testamentary disposition of the former as contrasted with the limitations of the latter. Thus, while the continental testator was limited in the amount of property that he could leave away from the members of his immediate family, the Englishman could cut them all off without a penny. In other common-law countries the same liberty was continued; but recent years have witnessed important departures.

Privileged Communications Between The Doctor And His Patient--An Anomaly Of The Law, Thomas H. S. Curd

West Virginia Law Review

No abstract provided.

Insurance - Material Misrepresentations - Matter Of Fact Or Of Law-"Medical Consultation" Cases, Michigan Law Review

Michigan Law Review

Statutes, in some two-thirds of the forty-eight states, have the approximate effect of changing all warranties in life insurance policies into representations. And in most of the remaining states the courts have interpreted statements of the applicant as representations rather than warranties wherever there has been room for doubt, to avoid the harshness of the rules governing a breach of warranty. The effect of all this is to eliminate immaterial misrepresentations of fact from the list of the insurer's possible defenses, and to increase the importance of determining when a misrepresentation is material, and by whom that inquiry is to …

Wrongful Death And Contributory Negligence, Robert H. Wettach

North Carolina Law Review

No abstract provided.

The Settlement Of Industrial Disputes In Great Britain, Dorothy Sells

Law and Contemporary Problems

No abstract provided.

The Intra-Union Control Of Collective Bargaining, Frank T. De Vyver

Law and Contemporary Problems

No abstract provided.

Book Reviews, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Book Reviews, Roger L. Severns, Donald Campbell

Chicago-Kent Law Review

No abstract provided.

Federal And State Cooperation Under The Constitution, Louis W. Koenig

Michigan Law Review

Federalism, as a system of government, is peculiar in that it involves a union of several autonomous political entities for · common purposes which may be achieved through apportioning the sum total of legislative power between a "national" or "central" government, on the one hand, and constituent "states" on the other. In our own federation, a written Constitution has sought to define the functions of both these centers of government, assigning to each certain spheres of influence upon all persons and property within a given territory. At the Constitutional Convention, the committee of detail carefully listed the powers of the …

Discussion Of Recent Decisions, Chicago-Kent Law Review

Chicago-Kent Law Review

Notes by G. Kloek, J. R. Scott, B. P. Morissette, R. L. Tindall, G. W. McGurn, W. J. Davis, E. B. Miller, G. O. Hebel, H. H. Simpson Jr., B. G. Ottenhoff

Municipal Corporations - Police Power - Extraterritorial Effect, Gerald M. Stevens

Michigan Law Review

A city ordinance prohibited the sale of ice cream within the city unless the seller had first obtained a certificate of registration from the city. The certificate could be obtained by registering the applicant's state ice cream factory license with the city commissioners of health, allowing an inspection of his factory, and paying an annual inspection fee. Defendant sold ice cream in the city without having done so. His factories were located two counties distant from the city; they had been duly licensed by the state. On prosecution by the city, held, the ordinance was void on the ground …

Municipal Corporations - Police Power - Validity Of Ordinance Fixing Closing Hours, Michigan Law Review

Michigan Law Review

A municipal ordinance required that all local business concerns selling or distributing food stay open for business only during the hours of duty of the municipal meat and food inspector. Hotels, restaurants, boarding houses, confectioneries, drug stores, soda fountains, and milk and cream dispensers were expressly excepted from these requirements. Plaintiff, a general grocery store, sought an injunction against the enforcement of these provisions, alleging that they were unreasonable and that the exceptions were discriminatory. Held, that under its police power to protect the public health, the municipality was authorized to pass such an ordinance as an aid to …

Student Case Notes

Tennessee Law Review

No abstract provided.

Limitation Of Actions--Statute Of Limitations Applied To Quasi-Contractual Rights Arising Upon Anticipatory Breach Of An Existing Contract, A. L. B.

West Virginia Law Review

No abstract provided.

Tourist Homes And Cabins As Inns, Lyman H. Cole

Indiana Law Journal

No abstract provided.

Probation And Parole, Edmund C. Dickinson, Clyde L. Colson

West Virginia Law Review

No abstract provided.

Should The States Be Permitted To Make Compacts Without The Consent Of Congress , Ernest C. Carman

Cornell Law Review

No abstract provided.

The State's Legal Business, Albert Coates

North Carolina Law Review

No abstract provided.

Administrative Tribunals-Organization And Reorganization, E. Blythe Stason

Michigan Law Review

No doubt overhauling is needed. However, a consistent and rational theory for the integration of the independent agencies with the remainder of the governmental structure is a condition precedent to an intelligent overhauling. This article constitutes a groping for such a theory. First, I shall discuss some of the more significant attacks which have been made in recent years upon modern administrative organization. Then, the reasons for these attacks will be examined and appraised, for they reveal certain pathological conditions which need excision. Finally, and with all due deference to the other remedies that have been suggested, I shall venture …

Constitutional Law - Public Works Administration - Validity - Requisite Interest To Challenge Constitutionality, Gerald L. Stoetzer

Michigan Law Review

After three years of prolonged litigation which has deprived the nation of many intended immediate benefits, another New Deal measure commonly known as the Public Works Administration has withstood the legal attacks persistently made upon it. One of the earliest enactments of the Seventy-third Congress during the present administration, Title II of the National Industrial Recovery Act, passed with the view of directing the country from an economic abyss, recently received judicial sanction in the United States Supreme Court, although Title I of the same act was early attacked and decreed unconstitutional in Schechter Poultry Corp. v. United States. Title …

Taxation - Constitutionality Of Federal Admissions Tax As Applied To State Universities, Ralph W. Aigler

Michigan Law Review

In declaring invalid the federal tax so far as it applied to admissions to athletic contests conducted under the auspices of the Regents of the University System of Georgia, the United States District Court has added another very interesting case to the many involving immunity from taxation growing out of our dual system of government. The question arose early, and scores of cases have since been decided.

Municipal Corporations - Police Power - Billboard Regulations For Aesthetic Purposes, Bertram H. Lebeis

Michigan Law Review

Plaintiff applied to defendant superintendent of buildings for permits to erect billboards for general advertising purposes on plaintiff's, property in the city of Troy. Defendant refused to issue the permits on the authority of an ordinance which made it unlawful to erect any billboard and/ or signboard within the city limits, except upon real property owned or leased by the occupants thereof and for the sole purpose of advertising the sale of such property or of merchandise kept for sale upon such premises. Plaintiff petitioned for a writ of mandamus to compel defendant to issue the permits. Held, that …

The Laws Of Jamaica, 1937, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1937

Published by authority

Recent Decisions, Clifford Brown, David Gelber, Ernest L. Lanois, Frank J. Lanigan

Notre Dame Law Review

No abstract provided.