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Articles 10741 - 10770 of 11284
Full-Text Articles in Entire DC Network
Constitutional Law - Bank Reorganization Legislation - Composition With Depositors And Other Creditors, Maurice S. Culp
Constitutional Law - Bank Reorganization Legislation - Composition With Depositors And Other Creditors, Maurice S. Culp
Michigan Law Review
Twenty States and the federal government now have laws permitting the reorganization and reopening of insolvent or failing banks. The usual statute provides for the reorganization of a bank upon some plan approved by a large majority of the general creditors of the institution; the plan must also have the approval of state banking officials and of a court of general jurisdiction, although the last is by no means a universal requirement. The reorganization, when approved, becomes binding upon all depositors and general creditors of the bank regardless of consent. By the terms of a few statutes, non-assenting creditors are …
Constitutional Law-Mortgage Foreclosure Moratorium Statutes
Constitutional Law-Mortgage Foreclosure Moratorium Statutes
Michigan Law Review
The present economic crisis has been productive of much drastic legislation which is directed at the relief of the debtor class. Rather than let the depression run its course, legislative bodies have endeavored to alleviate some of the evils by so-called "emergency'' statutes. A common type of such enactment is that designed to protect mortgagors against foreclosure and sale of their property. Some of these statutes provide that the period of redemption after foreclosure sale shall be extended for a definite period, others that the courts may stay foreclosures, and some provide that there shall be no foreclosure sales unless …
Criminal Law In Action- Carrying Concealed Weapons - Chicago Statistics, John Barker Waite
Criminal Law In Action- Carrying Concealed Weapons - Chicago Statistics, John Barker Waite
Michigan Law Review
Lawyers are beginning to recognize, though slowly, that enforcement and administration of law are affected more by the psychological conditioning and the character of its administrators than by the content of the law itself. This basis of difference is well demonstrated by some data of Chicago criminal court operations as compared with similar proceedings before Detroit judges.
Mortgages - Assignment Of Rents And Profits - Michigan Statute
Mortgages - Assignment Of Rents And Profits - Michigan Statute
Michigan Law Review
There may be times when legislative action is so obviously dependent upon contemporary circumstances, or when its roots lie so near the chronological surface, that no study of background is possible or necessary. Such is not the case, however, with anything relating to mortgage law; it is too deeply imbedded in our legal system. And though its history be familiar it is felt that a brief review will not be out of place in considering a comparatively recent Michigan statute authorizing the assignment of rents and profits.
Executive Power In Emergencies, Maurice S. Culp
Executive Power In Emergencies, Maurice S. Culp
Michigan Law Review
The events of the last few months indicate that the American chief executive is capable of vigorous action in emergencies. The executive frequently has to use the armed forces of the State or Nation in the performance of his duty to see that the laws are faithfully executed in troubled districts, but it is a new experience to have the governors and the President take emergency measures in combatting a depression. The banking crisis, which first received executive notice in Nevada last November and which attained alarming proportions with Governor Comstock's "bank holiday" in Michigan, culminated in the national holiday …
State Regulation Of Interstate Motor Carriers, Paul G. Kauper
State Regulation Of Interstate Motor Carriers, Paul G. Kauper
Michigan Law Review
After the decision in Buck v. Kuykendall, the question naturally arose whether a State could require an interstate carrier to obtain a certificate of public convenience and necessity in order to engage in intrastate business. The question is important because it is possible that interstate business cannot be conducted profitably on a given route without the benefit of supplemental earnings derived from intrastate business. No doubt was entertained by state commissions after the Buck case that they could still exercise plenary control over the intrastate operations of interstate carriers, and deny them permission to engage in intrastate business if …
Railroads - Power Of Interstate Commerce Commission To Order Extensions
Railroads - Power Of Interstate Commerce Commission To Order Extensions
Michigan Law Review
After due hearing upon a complaint filed by the Public Service Commission of Oregon asserting a failure to provide adequate transportation facilities to a large and unexploited area within that State, the Interstate Commerce Commission found that public necessity and convenience required the construction of a connecting line 185 miles in length. The Commission also found that the proposed extension, adding 1.2 per cent to the existing mileage of the Union Pacific system and costing approximately $10,000,000, would not seriously affect the ability of that organization adequately to serve the public; and that though the venture might not be profitable …
State Regulation Of Interstate Motor Carriers, Paul G. Kauper
State Regulation Of Interstate Motor Carriers, Paul G. Kauper
Michigan Law Review
According to Article 1, section 8, of the Constitution, "The Congress shall have power . . . to regulate commerce . . . among the several States . . . . " Is this provision of the Constitution applicable to interstate motor transportation over a public highway, built, owned, and maintained by a State? The provincial view might have been put forward that because the State owns the highways, therefore it should have exclusive control with respect to the commerce passing over them. Whatever force might have been conceded such a view in the early history of our country, when …
Constitutional Law--Due Process--Martial Law
Constitutional Law--Due Process--Martial Law
Michigan Law Review
The Texas Railroad Commission ordered a limitation of oil production in the East Texas field. Governor Sterling of that State issued a proclamation declaring martial law in the district and setting forth the existence of "a state of insurrection, tumult, riot and breach of the peace," and sent in troops to enforce the orders of the commission. A temporary injunction was issued restraining the commission's action but the governor continued, through the troops, to limit oil production. Such action was sought to be enjoined in the federal courts. The lower court granted the injunction. The decree was affirmed on the …
Injunctions- By Foreign Court-Forum Non Conveniens In Minnesota
Injunctions- By Foreign Court-Forum Non Conveniens In Minnesota
Michigan Law Review
Alert Minnesota lawyers undertake to enlighten aggrieved persons in neighboring States in regard to the procedural advantages to be obtained in Minnesota. As a result of their efforts, a deluge of personal-injury litigation continues to flood the Minnesota courts. These tribunals are crowded with cases between non-residents on causes of action accruing abroad; Minnesota citizens are delayed in the trial of their own suits, and Minnesota citizens pay the bill for the added litigation. In addition, the non-resident defendant, required to appear in Minnesota, is deprived of evidence and is frequently put to useless expenditure; yet the Minnesota court, with …
Special Legislation In West Virginia, Donald F. Black, George W. Mcquain
Special Legislation In West Virginia, Donald F. Black, George W. Mcquain
West Virginia Law Review
No abstract provided.
Garnishment Of Public Corporations, Jeff B. Fordham
Garnishment Of Public Corporations, Jeff B. Fordham
West Virginia Law Review
The notion that garnishment of public corporations is against public policy early took root in the minds of American judges. The history of the subject is an interesting commentary on the growth of our law. The policy objection, based principally on the avoidance of inconvenience to public administration, has been accorded wide judicial acceptance with only occasional reconsideration on the merits. Stare decisis and that characteristic, but for the most part commendable, conservatism of bench and bar have done their part to entrench the doctrine. Judicial revolt against it, which has occurred largely in cases involving municipalities, has made only …
West Virginia Annotations To The Restatements Of Conflict Of Laws And Contracts
West Virginia Annotations To The Restatements Of Conflict Of Laws And Contracts
West Virginia Law Review
No abstract provided.
Banks And Banking--Insolvency--Preference Of County Funds Where Merger Causes Deposits To Exceed Legal Maximum, Kingsley R. Smith
Banks And Banking--Insolvency--Preference Of County Funds Where Merger Causes Deposits To Exceed Legal Maximum, Kingsley R. Smith
West Virginia Law Review
No abstract provided.
Carriers - State Regulation Of Interstate Motor Carriers
Carriers - State Regulation Of Interstate Motor Carriers
Michigan Law Review
Chapter 236, Laws of Kansas, 1931, requires private motor carriers for hire in interstate commerce to secure a license from the public service commission, to secure a liability insurance policy, to keep daily records as prescribed by the commission, to pay a tax of five-tenths of a mill per gross ton for highway maintenance, and to be subjected to the supervision of the commission. Various regulations for making the highways safer are included. Plaintiff operated as a private motor carrier for hire in interstate commerce and sued to enjoin the enforcement of the act which it claimed was unconstitutional, for …
Publicly Owned Utilities And The Problem Of Municipal Debt Limits, Lawrence L. Durisch
Publicly Owned Utilities And The Problem Of Municipal Debt Limits, Lawrence L. Durisch
Michigan Law Review
The far-reaching contest being waged between the advocates of municipal ownership of public utilities and the private ownership group, between those who "want the government to get out of business" and those who desire to see an increase in its proprietary functions, has produced a number of sharp legal controversies. One of the most interesting of these, recently litigated in a number of state courts, is whether an obligation incurred for the purchase or repair of a municipally-owned utility is a "municipal debt" within the meaning of constitutional or statutory debt limits. Because of the wide-spread interest in, and the …
Constitutional Law -Validity Of Restrictions On House-To-House Selling
Constitutional Law -Validity Of Restrictions On House-To-House Selling
Michigan Law Review
Although data of an accurate nature are not available there seems no doubt that the use of house-to-house selling as a means of distribution has received a considerable impetus during the past few years. So extensive, in fact, has the practice become that many communities are seeking relief from whatever undesirable features may be felt. The problem has already been the subject of litigation in Fuller Brush Co. v. Town of Green River. That other controversies will inevitably follow justifies consideration of the legal aspects involved.
Book Review. The Law And Practice Of Municipal Home Rule, 1916-1930 By J. D. Mcgoldrick, Frank Edward Horack Jr.
Book Review. The Law And Practice Of Municipal Home Rule, 1916-1930 By J. D. Mcgoldrick, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Constitutional Limitations On Legislative Procedure In West Virginia, Frank Edward Horack Jr.
Constitutional Limitations On Legislative Procedure In West Virginia, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Book Review. State Legislative Committees By C. I. Winslow, Frank Edward Horack Jr.
Book Review. State Legislative Committees By C. I. Winslow, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Municipal Corporations--Liability On Implied Contract, Bruce Morford
Municipal Corporations--Liability On Implied Contract, Bruce Morford
Kentucky Law Journal
No abstract provided.
Book Review. New York Annotated Real Estate Forms, Bernard C. Gavit
Book Review. New York Annotated Real Estate Forms, Bernard C. Gavit
Articles by Maurer Faculty
No abstract provided.
Intoxicating Liquors -The New Michigan Amendment
Intoxicating Liquors -The New Michigan Amendment
Michigan Law Review
The people of the State of Michigan at the last general election ratified an amendment to section 11, Article 16 of the state constitution, the so-called prohibition section, to authorize the legislature to establish a liquor control commission and to impose an excise tax on liquor sales. In accordance with constitutional provisions this amendment went into effect on December eighth last. As the new amendment is drafted it leaves unsettled at least three important matters: (1) The present law in Michigan on the subject of intoxicating liquors; (2) The powers vested by it in the legislature and the liquor control …
Restatement Of The Law Of Torts Annotated With Kentucky Decisions, Andrew J. Russell
Restatement Of The Law Of Torts Annotated With Kentucky Decisions, Andrew J. Russell
Kentucky Law Journal
No abstract provided.
County And Municipal Indebtedness, H. W. Vincent
County And Municipal Indebtedness, H. W. Vincent
Kentucky Law Journal
No abstract provided.
Regions Versus States, Amry Vandenbosch
Has The Fiscal Court Of The County The Authority To Purchase A Fire Truck?, King Swope
Has The Fiscal Court Of The County The Authority To Purchase A Fire Truck?, King Swope
Kentucky Law Journal
No abstract provided.
The Amendment Of West Virginia Statutes, Trixy M. Peters
The Amendment Of West Virginia Statutes, Trixy M. Peters
West Virginia Law Review
No abstract provided.
Congressional Redistricting And The Constitution, Harold M. Bowman
Congressional Redistricting And The Constitution, Harold M. Bowman
Michigan Law Review
Is congressional redistricting by state legislatures an exercise of the lawmaking function, subject to the governor's veto power? Is fairness in such redistricting secured today either by federal statute or by the federal Constitution? Of these two questions, posed by recent events, the first has been completely answered; the second has been answered in part only -- breeding in its answer new and troublesome problems.