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Adminsitrative Law: Journey Through The Administrative Process And Judicial Review Of Administrative Actions., William H. Chamblee Jun 1905

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

St. Mary's Law Journal

Abstract Forthcoming.

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Discount Brokerage Services, The Glass-Steagall Act, And Branch Banking In Texas., Scott D. Osborn Jun 1905

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

St. Mary's Law Journal

Abstract Forthcoming.

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State Jurisdiction In Divorce Actions Involving A Non-Resident Spouse., Linda Bustamente Specht Jun 1905

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

St. Mary's Law Journal

Abstract Forthcoming.

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Church And State - The Mandate Of The Establishment Clause: Wall Of Separation Or Benign Neutrality., William J. Cornelius Jun 1905

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 …

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The Scope Of Texas Probate Jurisdiction Over Matters Incident And Appertaining To An Estate., Paula C. Tredeau Jun 1905

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 …

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Community Entitled To Reimbursement For Enchanced Value Of Separately Owned Corporate Stock., Gregory L. Watkins Jun 1905

Community Entitled To Reimbursement For Enchanced Value Of Separately Owned Corporate Stock., Gregory L. Watkins

St. Mary's Law Journal

Abstract Forthcoming.

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An Employer Has A Duty As A Reasonably Prudent Employer To Exercise Control Over An Intoxicated Employee In Order To Prevent Unreasonable Risk Of Harm To Others., M. Jennifer Osment Jun 1905

An Employer Has A Duty As A Reasonably Prudent Employer To Exercise Control Over An Intoxicated Employee In Order To Prevent Unreasonable Risk Of Harm To Others., M. Jennifer Osment

St. Mary's Law Journal

Abstract Forthcoming.

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Stenographic Report Of The Proceedings Of The Librarian's Conference On Copyright, 1st Session, In New York City, May 31-June 2, 1905, United States Congress Jun 1905

Stenographic Report Of The Proceedings Of The Librarian's Conference On Copyright, 1st Session, In New York City, May 31-June 2, 1905, United States Congress

Legislative History – Copyright Act of 1909

The origin and the occasion and the purpose of the Conference … is a general agreement that our present copyright laws are defective in definition and imperfect and perhaps inconsistent in expression. The occasion is an intimation from the Senate Committee on Patents that at the coming session of Congress it proposes to submit abill for a codification of these laws. Such a bill would naturally be drafted in the Copyright Office. If so, it would be the desire of the Copyright Office to have upon it the criticism of the various interests concerned with copyright protection. But the office …

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Mandamus Against A Governor, Edward J. Myers Jun 1905

Mandamus Against A Governor, Edward J. Myers

Michigan Law Review

The question whether the courts have the power to issue he writ of mandamus against the chief executive of a state to compel the performance of a duty imposed upon him by law, has been answered in two irreconcilable lines of decision-the one being that the Governor is not answerable to the writ to compel the performance of his duty, be it either discretionary or ministerial in its character, the other, that he is liable to the writ to compel the performance of duties purely ministerial in nature. Mr. High, in his work on Extraordinary Legal Remedies, says: "The jurisdiction …

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Note And Comment, Michigan Law Review Jun 1905

Note And Comment, Michigan Law Review

Michigan Law Review

The Michigan Railroad Tax Cases; Is a vote by Machine a Constitutional Ballot?--Signing "At the End" of a Will; Another Attempt to Evade the Lottery Laws; Saving Exception on Overruling of Motion to Quash Summons; Wills Executed Without Animus Testandi; The Legal Status of a Participant in a Guessing Contest

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Recent Legal Literature, Victor H. Lane, Horace Lafayette Wilgus, Victor H. Lane, Horace Lafayette Wilgus, James H. Brewster Jun 1905

Recent Legal Literature, Victor H. Lane, Horace Lafayette Wilgus, Victor H. Lane, Horace Lafayette Wilgus, James H. Brewster

Michigan Law Review

Wigmore: A Treatise on the System of Evidence in Trials at Common Law including the Statutes and Judicial Decisions of all Jurisdiction of the United States; Snyder: The Interstate Commerce Act and Federal Anti-Trust Laws, including the Sherman act, the act creating the Bureau of Corporations, the Elkins act, the act to expedite suits in the Federal courts, act relating to telegraph, military, and post roads, act affecting equipment of cars and locomotives of carriers engaged in interstate commerce, with all amendments, with comments and authorities, and rules of practice and forms used in practice before the Interstate Commerce …

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Recent Important Decisions, Michigan Law Review Jun 1905

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Banks, National--Stockholders' Liability--Statute of Limitations; Bills and Notes--Indorsements Procured by Fraud; Carriers--Drover's pass--Release from Liability; Carriers--Unreasonable Freight Rates--Interstate Commerce Act--Common Law Remedy; Chattel Mortgages--Failure to Record--Mortgagor in Possession--Estoppel; Connecting Carriers--Loss of Goods--Liability; Constitutional Law--Civil Rights--Discrimination in Licenses; Constitutional Law--Eight Hour Law--Police Power--Health Regulations; Corporations--Duplicate Stock Certificate--Indemnity; Corporations--Subscription to Stock--Liability of Subscriber; Equity--Specific Performance--Contract to Make Will; Evidence--Physicians of conflicting Schools--Competency as Witnesses; Evidence--Radiograph--X-ray; Garnishment--One Railroad as Debtor of Another; Husband and Wife--Application of Doctrine of Tenancy by Entireties to Personality; Husband and Wife--Indebtedness to Wife--Notes--Presumption of Payment; Judgment--Default--appearance; Libel--Publishing of a White Man that He is "Colored"; Master and Servant--Concurrent …

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Liability Of Water Companies For Fire Losses Another View, Albert Martin Kales May 1905

Liability Of Water Companies For Fire Losses Another View, Albert Martin Kales

Michigan Law Review

In the Superior Court of Cook County, Illinois, before Judge Arthur H. Frost, there was recently presented in substance this case: A private corporation furnishing water to a municipality for fire protection had contracted with the town, in consideration of certain fire hydrant rentals, to keep at all times a pressure of water of at least thirty-five pounds per square inch on the water pipes connected with said fire hydrants, and, in case of a fire, to increase, at once, the pressure to forty pounds per square inch. A fire occurred. It was assumed that the water company had notice …

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Marriage And Divorce In State And Church, Benjamin Brewster May 1905

Marriage And Divorce In State And Church, Benjamin Brewster

Michigan Law Review

When, in 1831, the French philosopher De Tocqueville visited America, he was impressed with the stability of the marriage relation. In his great work, "Democracy in America," he thus sums up the results of his observations: "There is certainly no country in the world where the tie of marriage is so much respected as in America, or where conjugal happiness is more highly or worthily appreciated." And this acute and discerning reasoner makes a further reflection, from his stand-point as one interested in the maintenance of order and stability in the state: "Agitated by the tumultuous passions which frequently disturb …

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Note And Comment, Michigan Law Review May 1905

Note And Comment, Michigan Law Review

Michigan Law Review

A Lesson in Patriotism from Pennsylvania; The Effect of a Motion by Each Party for a Directed Verdict; The Right of Privacy; Mutual Mistake as to the Quantity of Land Conveyed; The Privilege; Riparian Owner's Title to Contiguous Islands;

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Recent Important Decisions, Michigan Law Review May 1905

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bailments--Care Required of Agistor--Special Contracts; Bankruptcy--Trading Corporations--Hotels; Common Carriers--discrimination--Exclusive Depot Privileges; Conditional Sales--Street Railway Equipment--Rights of Vendor; Constitutional Law--Class Legislation--Equal Protection of the Amendment of the Federal Constitution and the Massachusetts Declaration of Rights; Constitutional Law--Interference with Civil rights--Power of Congress to Enforce the Fourteenth Amendment; Contempt of Court--Fraudulent Claims; Contract--Assignment; Contract to Indemnify Against negligence--Statutory Prohibition--Public Policy; Corporations--Sale of corporate Property to Directors--Validity; Damages--Remote; Deeds--Duress--Grantor in Possession; Deeds--Restriction Against Building Tenement House--Deeds--Standing Timber--Construction; Equity--Possession of Personal Property; Evidence--Hypothetical Question; Execution--Exemptions--Life Insurance; Fixtures--Mortgage--Distruction of Property; Foreign Corporations--Service of Summons of Officer of; Highway--Rights of Abutting Owner; Husband and Wife--Contracts--Effects of …

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Recent Legal Literature, Edson R. Sunderland May 1905

Recent Legal Literature, Edson R. Sunderland

Michigan Law Review

Taylor: Jurisdiction and Procedure of the Supreme Court of the United States; The American State Reports, and Green: Digest of the Decisions of the Courts of last resort of the several states from 1887 to 1904, contained in the American State Reports, Vols. 1 to 96, inclusive, and of the notes to the cases reported therein, and Torbert: Table of Cases alphabetically arranged as to the several states in the American Decisions, 100 vols., American Reports, 60 vols., American State Reports, 100 vols.,showing the cases to which notes are appended, also what cases in these …

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University Of Michigan Department Of Law Annual Announcement 1905-1906 And Catalogue Of Students For 1904-1905, University Of Michigan Law School Apr 1905

University Of Michigan Department Of Law Annual Announcement 1905-1906 And Catalogue Of Students For 1904-1905, University Of Michigan Law School

Law School Announcement and Bulletins

Contents: Announcements for 1905-1906; Board of Regents; Faculty of Law; Department of Law; Work in the Department of Literature, Science, and the Arts; Students; Summary of Students; Officers of the Alumni Association.

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Recent Legal Literature, Harry B. Hutchins, Robert E. Bunker, Harlow P. Davock, James H. Brewster Apr 1905

Recent Legal Literature, Harry B. Hutchins, Robert E. Bunker, Harlow P. Davock, James H. Brewster

Michigan Law Review

Langdell: A Brief Survey of Equity Jurisdiction; Vance: Handbook of the Law of Insurance; Collier: The Law and Practice in Bankruptcy Under the National Bankruptcy Act of 1898; Yearbook of Legislation, 1903;

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Curb-Stone Patent Opinions, Dwight B. Cheever Apr 1905

Curb-Stone Patent Opinions, Dwight B. Cheever

Michigan Law Review

Having been asked almost every day for the last nine years for offhand-commonly called curb-stone-opinions on one or more of certain very elementary propositions in Patent Law, it has occurred to me that perhaps a discussion of some of these questions would be of more practical value to the readers of this magazine than a comprehensive discussion of a more elaborate subject.

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Note And Comment, Michigan Law Review Apr 1905

Note And Comment, Michigan Law Review

Michigan Law Review

Statute Requiring Examination and License as Prerequisites to Ownership or Management of a Dental Office Unconstitutional; Railroad Control of the Telegraph Business; The Need of Uniform Laws Governing "Conditional Sales"; Jurisdiction of Equity over Void Instruments; Quitclaim Deed as Affecting the Question of Good Faith; Competency of a child as a Witness; Compensation for Party Walls as Between Subsequent Grantees;

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Recent Important Decisions, Michigan Law Review Apr 1905

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attachment--Equity Decree in Support of; Bankruptcy--Attachment--Sheriff's Fees; Bankruptcy--title of Trustee--Validity and Preservation of Liens; Bills and Notes--Discharge of Endorser of Check--Waiver; Bills and notes--Indorsement of Payee Forged by Drawer--Recovery by Drawee; Constitutional law--Equal Protection of the Laws--master and Servant--Railroad Fellow Servants' Act; Corporate Stock--Statute Requiring Registration of Transfer--Attachment; Criminal law--Evidence--confidential Communications--Letters from Accused to Wife; Dead body--Action for Mutilation; Deeds--Delivery--Estoppel; Deeds--Fraudulent Conveyance--bona Fide Purchaser from Fraudulent Grantee; Domicil--Election--Residence and Intention; Ejectiment--By Railroad Company for Right of Way; Equity--navigable Waters--Obstruction--Special Injury; Equity--Personal Trespass--Injunction; Foreign Corporations--Failure to Comply with Laws--Effect on Contracts; Judicial Officer--Liability of Inferior Judicial Officer Acting Under a Void …

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University Of Michigan University Bulletin, New Series Vol. Vi No. 4 March 1905 Summer Session Department Of Law Eleventh Annual Announcement, University Of Michigan Law School Mar 1905

University Of Michigan University Bulletin, New Series Vol. Vi No. 4 March 1905 Summer Session Department Of Law Eleventh Annual Announcement, University Of Michigan Law School

Law School Announcement and Bulletins

Contents: Faculty of the Summer Session; Summer Session of the Department of Law; Regular Session of the Department of Law of the University of Michigan; Departments of Literature, Science, and the Arts, and of Medicine and Surgery; Students Enrolled in 1904; Summary of Students.

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Note And Comment, Michigan Law Review Mar 1905

Note And Comment, Michigan Law Review

Michigan Law Review

The Federal Safety Appliance Act as a Regulation of Interstate Commerce; Liability of Christian Science Healer for Negligence and Deceit; Iowa and the Rule in Shelley's Case; Are Conditions Imposed by the Vendor of Chattels Binding on Subsequent Purchasers? Necessity for the Personal Presence of the Accused Upon Arraignment; Unconstitutional Aids to Local Industries; Damages for Mental Suffering Unaccompanied by Physical Injury

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Removal Of Public Officers From Office For Cause, Ii, Alonzo H. Tuttle Mar 1905

Removal Of Public Officers From Office For Cause, Ii, Alonzo H. Tuttle

Michigan Law Review

We have seen by the great weight of authority that removal for cause requires notice, charges and a chance to defend. It remains for us to discuss the most difficult question of all. What is the nature of this power? Is it judicial or executive in character? The importance of this question is two-fold. 1. If executive in nature, the courts have no power to review it by the writ of certiorari. If judicial, they have. 2. If judicial, the question arises, is it constitutional to confer such a power on an executive officer? Upon the question whether the power …

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United States Department Of Justice, John A. Fairlie Mar 1905

United States Department Of Justice, John A. Fairlie

Michigan Law Review

The Department of Justice has been developed from the English office of Attorney-General, with important features added in the course of American experience. As early as the reign of Edward I, almost contemporaneous with the appearance of a special legal profession in England, we find Crown Attorneys (Attornati Regis) employed for guarding the royal privileges in the courts. By the time of Edward IV the official title of Attorney-General appears for the first time. A little later, as the distinction between barristers and solicitors became established, the Crown lawyers are distinguished as the King's Attorney and the King's Solicitor. These …

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Ecclsiastical Jurisdiction In England, Edwin Maxley Mar 1905

Ecclsiastical Jurisdiction In England, Edwin Maxley

Michigan Law Review

Previous to the invasion of William the Conqueror the ecclesiastical jurisdiction in England was not at all clearly defined. Under the protection, and, as protection implies jurisdiction, under the jurisdiction of the bishops were the following: sacred persons and sacred things. Among the former were included men in orders, monks and nuns; and among the latter: churches and church-yards, books and furniture of churches, sacraments, ecclesiastical and marital rituals. So far as can be found, there were not at that time any separate ecclesiastical courts. The bishops, with the assistance of archdeacons and deans, exercised their ecclesiastical jurisdiction through the …

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Constitutional Limitations On Primary Election Legislation, Floyd R. Mechem Mar 1905

Constitutional Limitations On Primary Election Legislation, Floyd R. Mechem

Michigan Law Review

In determining what aspect of the general question I should discuss in the brief time available, it seemed to me desirable that I should confine my attention to the constitutional aspect of the matter, leaving the discussion of the practical workings of the various laws actually enacted to those who have had more opportunity to observe them. The constitutional side of the matter has already been very ably discussed by Professor Tuttle in MICHIGAN LAW REVIEW and I do not hope to add materially to what is there said, though certain of the questions may be approached in a somewhat …

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Recent Important Decisions, Michigan Law Review Mar 1905

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession--Boundaries--Mistake; Attachment--Fraudulent Conveyance--Damages for Breach of Promise of Marriage; Bailments--Liability of Private Carrier on a Special Contract; Bailments--Loss of Goods Resulting from Violation of Ordinance; Constitutional Law--Equal Protection of the Laws--Due Process--State's control of Fish and Game; Contributory Negligence--Passenger on Car Platform; Conveyance--Standing Timber--Recording--Bona Fide Purchaser; Deeds--Building Restrictions--Easements; Deeds--Rule in Shelley's Case; Equity--Mistake of Fact--Negligence; Evidence--Photograph--X-Ray; Executors and Administrators--Liability of Executrix to Account fo rTrust Estate Held by Her Testator; Foreign Corporations--Interstate Commerce; Garnishment--Situs of Debt; Gift-Parent and Child--Undue Influence--Presumption; Guardian and Ward--Filling of Blank After Execution; married Women--Separate Estate--Note and Mortgage to Secure Husband's Debt; Master and Servant--Independent …

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Recent Legal Lit, Edson R. Sunderland, Henry M. Bates, Gustav Stein, Gustav Stein Mar 1905

Recent Legal Lit, Edson R. Sunderland, Henry M. Bates, Gustav Stein, Gustav Stein

Michigan Law Review

Willoughby: The American Constitutional System; Ingersoll: Handbook of the Law of Public Corporations; Gilbert (ed.): Street Railway Reports, Annotated; Patterson: The United States and the States Under the Constitution

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