Digital Commons Network^™

The Position Of The Law Of Torts In The Spanish System, Clyde Alton Dewitt

Michigan Law Review

The penal and civil codes of Spain, together with its procedural codes, its commercial and notarial codes, and its mortgage law combine to form as highly developed a system of jurisprudence as that enjoyed by any of the civilized nations of today. Under it, the people of our insular possessions have carried on an extensive domestic and foreign commerce, and have developed an organized social and political life. Our government has adopted the commendable policy of interfering as little as possible with the local laws and institutions of the Philippines and Porto Rico, it being evident that any extensive attempt …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Evidence of Performance--right to Compensation--Acting for both Parties; Assignment for Benefit of Creditors--Marshaling Assets; Bonds--Bona Fide Purchasers--Mandamus--Redemption of Bonds; Carriers--may, as Lessors, Contract for Total Exemption from Liability for Negligence; Constitutional law--Jurisdiction of Federal Courts to Review Contempt Proceedings in State Court; Contracts--Accord and Satisfaction--Consideration; Criminal Law--Venue--Statutes--Validity; Damages--Conversion; Deeds--Construction--Intent of Parties; Deeds--Seal Essential; Dower--rights of Widow Pending Assignment--Possession of Lands; Eminent domain--Interurban Railways; Evidence--Presumption as to Foreign Law; Fee Simple Estate--Restraints on Alienation; Fraudulent Conveyances--Sales in Bulk--Validity as Between the Parties--Lien for Price; Husband and Wife--Separation Agreements--Validity; Insurance--Fire--Concurrent Insurance; Insurance--Mutual Benefit--Unreasonable Change of By-Laws; Judgment--Res Judicata; Master and Servant--Liability of …

Recent Legal Literature, Henry M. Bates, Henry M. Bates, Evans Holbrook

Michigan Law Review

Calvert: Regulation of Commerce, Under the Federal Constitution; Prentice: The Federal Power over Carriers and Corporations; McCall: the Clerk's Assistant, containing a large variety of legal forms and instruments adapted not only to county and town officers, but to the wants of professional and business men throughout the United States;

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adoption--Who is a "Child"; Agency--Ratification--Act Must Have Been Done as Agent--Trusts--Pretended Agent as Constructive Trustee; Bankruptcy--Assets--Commissions of Agent on Policies Written Prior to Adjudication; Bankruptcy--Property Held Under conditional Sale--Right to Reclaim; Banks and Banking--Usury Laws--Notes Purchased in Good Raith--Power of Congress to Regulate National Banks; Bills and Notes--Execution in Blank--Statutory Provisions; Constitutional Law--Inheritance Tax--due Process of Law; Contracts--Abandonment--Recovery;

Recent Legal Literature, Charles A. Kent, Joseph H. Drake

Michigan Law Review

Brown: The Austinian Theory of Law; Schuster: the Principles of German Civil Law

Case Of The Monopolies Some Of Its Results And Suggestions, Sydney T. Miller

Michigan Law Review

Apparently the monopolistic idea is as old as the history of man. That great and good man, Job, may be counted as the earliest recorded "trust-buster," if we read between the lines of his story, and Solomon said, "He that withholdeth corn, the people shall curse him; but blessing shall be upon the head of him that selleth it." Doubtless, by exhaustive search, we could find some record of attempts to monopolize during each century from Biblical days to the time of printing, and as surely there must have been a countermovement. But not until the last five hundred years …

Federal Treaties And State Laws, Charles Noble Gregory

Michigan Law Review

The rights of foreigners, in case of conflict between federal treaties with their several countries and laws enacted by the states, have been recently much considered. Such questions are undoubtedly to be solved by constitutional law under our frame of government, but they so directly affect our international obligations and relations that they are habitually treated as proper topics to be discussed in our best works on International Law.

Roman Law And Mohammedan Jurisprudence (Part 1), Theodore P. Ion

Michigan Law Review

A comparison of the Roman law with Mohammedan jurisprudence, is a task not easy to accomplish, nor can an essay on that theme be made comprehensive enough to embrace all the ramifications of both legal systems. The object, therefore, of the present article, is to make only a cursory comparison of them; and to demonstrate their similarity in more than one point, showing the close analogy existing between them, and the influence that the laws of Rome exercised in the development of the Islamic legislation. As in the early days of Rome, law and religion had a close connection with …

Note And Comment, Henry M. Bates, Robert M. See, Horace Lafayette Wilgus, Clyde A. Dewitt

Michigan Law Review

Courts--Jurisdiction of Circuit Court--Enjoining Writ of Error; Criminal Law--Arraignment--Waiver; Damages--Personal Injuries--Expense of Nursing; Deeds--Boundaries--Navigable Waters; Deeds--Variance Between Granting Clause and Habendum--Construction; Eminent Domain--Use of Urban Street Car Lines by Interurban Cars; Evidence--Admissibility of Statement of One Partner to a Commercial Agency as to Asset and Liabilities; Evidence--Admission of a Carbon Copy of a Contract as a Duplicate Original; Federal Courts--jurisdiction--Action Against State Officers; Foreign Corporations--Liability to be Sued; Homicide--Self-Defense--Provoking Difficulty; Insurance--Certificate Silent as to Suicide; Joint Stock Associations--have they at Common law Powers and Privileges of a Corporation not Possessed by Individuals or Partnerships?; Municipal corporations--Protecting Against Fraud by Ordinance--Sale …

National University, The Law School, 1907-1908, National University

Catalogues, Registers, and Announcements of the National University School of Law

This 1907 pamphlet from the National University Law School provides information about the school, faculty, academics, students, the almuni association, and class exercises.

Recent Legal Literature, Charles A. Kent, Evans Holbrook

Michigan Law Review

Raeburn: Commentaries on the Constitution of Pennsylvania; Bigelow, Adams, et al.: Centralization and the Law; Freeman: The American State Reports. Containing cases of general value and authority, etc.

A Written Constitution In Some Of Its Historical Aspects, Andrew C. Mclaughlin

Michigan Law Review

That an institution of government, like an institution or practice of society, is a growth and not a creation is now an accepted proposition. No one seeks to argue for it; no one endeavors to deny it. The introduction of this idea into our political thinking strongly influenced our methods and our ideas. In no field of study has the evolutionary idea shown itself more strongly than among workers in history and political science. And yet occasionally one is surprised by seeing how recently this idea has manifested itself in the examination of some historical problems. Until a short time …

The Beveridge Child Labor Bill And The United States As Parens Patriae, Andrew Alexander Bruce

Michigan Law Review

Although strenuous opposition has been encountered in the courts whenever an attempt has been made by the legislatures to interfere with the contractual freedom of adults in matters pertaining to the contract of employment, the right of interference in the case of children has been always conceded. From an early time minors have been placed under contractual disability by the law and have been looked upon as wards of the State. Having denied to them a full measure of contractual freedom, the State can hardly deny an equivalent protection; in fact the rule of contractual disability is in a large …

The Constitutionality Of Federal Legislation Concerning Employer And Employee Engaged In Interstate And Foreign Commerce, Carl V. Wisner

Michigan Law Review

To what extent does the relation of employer and employee, when engaged in interstate or foreign commerce, come within the regulating power of Congress? The power of Congress to legislate concerning employer and employee, where the service is rendered in interstate or foreign commerce, has been recently questioned in several important Federal decisions. The ground on which such legislation has been challenged is that it is an attempt by Congress to regulate what is not commerce, that "creating new liabilities growing out of the relations of master and servant on the one hand and regulating commerce on the other are …

Note And Comment, Harry B. Hutchins, Edwin C. Goddard

Michigan Law Review

The Liability of Charitable Corporations for the Torts of Their Servants; the Powers of General and Special Agents; Municipal Ordinances Licensing Trades and Occupations; "Sic Utere Tuo Ut Alienum Non Laedas"; Interference with the Formation of Contracts; The Right of Directors to Use Corporate Funds in Getting Proxies From the Stockholders; Sales Void for Uncertainty and Lack of Mutuality; The Negotiable Instruments Law as Affecting the Discharge of Accommodation Maker and Surety by Extension of Time of Payment

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Insurance Policies--Cash Surrender Value; Bankruptcy--Partnership and Individual Assets; Bills and Notes--Payment by the United States of Pension Checks on Forged Indorsements--Recovery of Payment; Common Carriers--Defective Transfers; Constitutional Law--Commerce in Intoxicating Liquors--License Tax of Traveling Salesman; Constitutional Law--Equal Protection of the Law--State Statute; Constitutional law--Police Power--Flag Legislation; Contracts--Assignments of--Right of Assignee Against Debtor; Corporations--Acquisition of Exemption in Merger; Deeds--Construction and Operation--Reservation and Exception; Deeds--Suit to Set Aside--Duress of Wife--Parties in Pari Delicto; Evidence--Confessions to One Not in Authority--Admissibility; Foreign Corporations--Effect on contracts of Failure to Register--Contracts; Fraud--Independent Investigation; Frauds, Statute of--agreement to Deal in Lands; Husband and Wife--Right to Disposition of …

Professor Kales And Common Law Remainders, Joseph W. Bingham

Michigan Law Review

In an article in Vol. 22 of the Law Quarterly Review, Professor Albert M. Kales presents a reclassification of future interests in land, the salient feature of which is an attempt to overthrow the conventional conception of a contingent remainder as a future estate given, not presently, but on condition precedent, and to substitute an entirely new conception of his own. This effort, by its boldness and novelty commands something more than a mere passing mention. It is my purpose, first to present as briefly as is consistent with clearness what I conceive to be the common law theory of …

The Scottish Jury, Rufus Fleming

Michigan Law Review

The origin of the jury is one of the subjects on which an agreement has not been. reached by writers on the history of law. A number of theories have been put forward at different times. At this day two of these theories receive considerable support. The first is that the jury system is a gradual and natural sequence from the modes of trial in use among the Anglo-Saxons and Anglo-Normans. The second-and perhaps the one more widely accepted at present-is that we owe trial by jury to the legal institutions of the Frankish empire. (Forsyth's "History of Trial by …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Assigned Claim for Wages--Preference; Bankruptcy--time of Filing Claims; Banks and Banking--Liability of Stockholders--Unregistered Transfer; Banks and Banking--What is a Bank?; Bills and Notes--Indorsement Before Issue--Liabilities; Bills and Notes--usury--Evidence--Burden of Proof; Carriers--Freight Elevators as Carriers of Passengers; Carriers of Passengers--Servants--Communication of Disease; Constitutional Law--Delegation of Power; Constitutional Law--Police Power to Restrict Hours of Labor; Contracts--Mutuality; Courts--Criminal Law--Instructions to Jury; Covenants--Warranty--claims "By, Through or Under" Grantor--Eminent Domain; Criminal Law--Exclusion of Public From Trial; Criminal Law--Trial--conduct of Jury--comments on Defendant's Failure to Testify; Divorce--Custody of Minor Children--Duty to Support Father's Misconduct; Ejectment--When Maintainable--Easements; Estate by Entirety--Effect of Murder of Wife by Husband; Evidence--Wife …

Humanistic, And Paticularly Classical, Studies, As A Preparation For The Law, Harry B. Hutchins

Michigan Law Review

Aside from the elementary branches, no particular subject is absolutely essential as a basis for the study and practice of the law. In this respect the law occupies a place somewhat different from that of the other learned professions. The student and practitioner of medicine must of necessity get a substantial scientific foundation for his professional work. This for him is an absolutely essential prerequisite. For the professional courses in engineering, a special and definite scientific preparation must be made. Without it nothing but the most ordinary work in engineering can be accomplished. And it is probable that for theology, …

Note And Comment, Harry B. Hutchins, Ralph W. Aigler, T. Harry Slusser, Ivan E. Chapman

Michigan Law Review

The James McMillan Memorial Association; Liability of Hospitals for the Negligence of Their Physicians and Nurses; Intent in Embezzlement by Corporate Official; The Validity of the Initiative and Referendum; Scope of Review, on Appeal from Decision of State Board of Health, Revoking Certificate to Practice Medicine; What are the Rights of a Person Under a Promise to do That Which He was Already under Obligation to Do?;

Commercial Aspect Of Uniform State Laws, Francis B. James

Michigan Law Review

A T the close of the American Revolution and even after the adoption of the articles of Confederation, each American State was not only a political unit but an industrial and commercial unit. Meafis of communication were few and cost of transportation almost prohibitive except in border and coast cities. Each State not only determined its political future but its own industrial and commercial policy. The Constitution of the United States, adopted in 1789, recognized the fact that each State continued as a political unit and at the same time created another political unit, the nation at large. It also …

Recent Legal Literature, Henry M. Bates, John R. Rood

Michigan Law Review

Clark (ed.): Probate Reports Annotated: with Notes and References; Wharton: The Law of Homicide; Ballard: Cream of the Law; The American Political Science Review;

Recent Legal Literature, Horace Lafayette Wilgus, John P. Barnes, Henry M. Bates

Michigan Law Review

Joyce and Joyce: Treatise on the Law Governing Nuisances, With Particular Reference to its Application to Modern Conditions; Hamilton: A Treatise on the Law of Taxation by Special Assessments; Wilcox: Frailties of the Jury; Remsen: The Preparation and Contest of Wills

The Commerce Clause Of The Federal Constitution And Two Recent Cases Dealing With It, S. S. Gregory

Michigan Law Review

In the historic case of M'Culloch v. Maryland, CHIEF Justice Marshall said, referring to the Federal Government: "This government is acknowledged by all to be one of enumerated powers. The principle that it can exercise only the powers granted to it, would seem too apparent to have required to be enforced by all those arguments which its enlightened friends, while it was depending before the people, found it necessary to urge. That principle is now universally admitted, but the question respecting the extent of the powers actually granted is perpetually arising and will probably continue to arise as long as …

Benjamin Franklin Graves, Hoyt Post

Michigan Law Review

BENJAMIN FRANKLIN GRAVES, the oldest and last surviving of the four noted judges-Cooley, Campbell, Christiancy and Graves-who composed the Supreme Court of Michigan in 1868 and succeeding years, died in Detroit, Michigan, on the third day of March, 1906, at the age of eighty-eight years and five months.

Some Suggested Changes In The Constitution Of Michigan, John A. Fairlie

Michigan Law Review

In April of last year the proposition to call a convention to revise the Constitution of Michigan was adopted by a substantial popular vote. The approach of the time when this Convention will be called suggests the advisability of discussing at least some of the changes which may be proposed. For while the full debate on proposed changes must take place in the Convention and after its work is submitted for popular ratification, it is important that some definite ideas should be publicly considered even before the delegates are elected. At the outset it should be understood that if the …

Note And Comment, Horace L. Wilgus, Thomas V. Williams, Fabian B. Dodds, Hugo Sonnenschein

Michigan Law Review

Wilgus: Payment of Dividends Out of Capital of Corporations and the Nature of Treasury Stock; Wilgus: Duty of a Managing Director of a Corporation to an Individual Shareholder; Williams: Impairing Obligation of Contract with Foreign Corporations; Dodds: May a Legislature Pass an Act Allowing Actual Expenses to Circuit Judges Whose Salaries are Fixed by the State Constitution?; Sonnenschein: What Constitutes a Waiver by Implication of the Privilege of Confidential Communications Between Attorney and Client

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Aliens - Right to Take Land by Descent - Loss of State's Right to Escheat; Bailment - Liability of Incidental Bailee; Bankruptcy - Preferences - Franchise Tax; Bankruptcy - Transfers Required to be Recorded - Preferences; Bills and Notes - Bona Fide Purchaser - Notice of Want of Power in Transferrer; Bills and Notes - Unrestricted Negotiability of Bills of Lading; Constitutional Law - Commerce Clause - Statute Relating to Interstate Carriers as Employers; Constitutional Law - Indeterminate Sentence Law; Courts - Rules of Property - Stare Decisis; Criminal Law - Exclusion of Public from Trials; Criminal Law - Impeachment …

H. R. Report 7083, Pt. 2, March 2, 1907 (Minority Report) 59th Cong. 2d Session, United States Congress

Legislative History – Copyright Act of 1909

We disagree with a portion of the majority report submitted by the Committee on Patents on House bill 25133, reported on January 30, 1907.

The bill is a redraft of House bill 19853, which was introduced in this House on May 31, 1906. In its original form the bill had a provision (subdivision g, section 1) securing to musical composers the exclusive right to reproduce their compositions by mechanical means, such as perforated rolls and disk or cylinder records.

The greater part of the time given by the committee to public hearings on this bill was taken up by the …