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Business Trusts And Their Relation To West Virginia Law, James B. Riley Jun 1922

Business Trusts And Their Relation To West Virginia Law, James B. Riley

West Virginia Law Review

No abstract provided.


Methods For Relieving Courts Of Last Resort From The Growing Burden Of Appeals, Edson R. Sunderland Mar 1922

Methods For Relieving Courts Of Last Resort From The Growing Burden Of Appeals, Edson R. Sunderland

Articles

"At the last meeting of the Michigan State Bar Association, held in Detroit in June, 1920, the question of employing an intermediate appellate court in this state, as a means for relieving the Supreme Court and expediting the disposal of appeals, was discussed at some length, and it was thereupon moved and carried that the whole subject be referred to the Committee on Legislation and Law Reform to be investigated, and that the Committee report upon the matter at the next meeting of the Association."


Book Reviews, Edwin C. Goddard, Evans Holbrook, Ralph W. Aigler, Edwin D. Dickinson Feb 1922

Book Reviews, Edwin C. Goddard, Evans Holbrook, Ralph W. Aigler, Edwin D. Dickinson

Michigan Law Review

Books in general, law books in particular, are like people. Most of them are ordinary, some useful, some not, but if they had not appeared they would not have been greatly missed, having appeared they will live their few years and at least seem to be forgotten. A few are so outstanding that they make a strong impress on their time and live on beyond the period of a life. If not great they have great influence and make notable contributions. Among the notable books of our time in the field of property law may be mentioned Jarman on Wills …


Constitutional Problems Of Kentucky, Leon P. Lewis Jan 1922

Constitutional Problems Of Kentucky, Leon P. Lewis

Kentucky Law Journal

No abstract provided.


Foreign Marriages And The Conflict Of Laws, Herbert F. Goodrich Jan 1922

Foreign Marriages And The Conflict Of Laws, Herbert F. Goodrich

Articles

With the purely local phases of the law governing the relation of husband and wife, Conflict of Laws has no concern. Nor do we deal with Public International Law problems, such as the question of expatriation by marriage. We are concerned with two questions: first, what law governs the creation of the marriage relation; and second, the recognition and protection to be given the relation and incidents arising therefrom, under the law of states other than that in which the relationship was created.


Landowner's Duty To Strangers On His Premises - As Developed In The Iowa Decisions, Herbert F. Goodrich Jan 1922

Landowner's Duty To Strangers On His Premises - As Developed In The Iowa Decisions, Herbert F. Goodrich

Articles

It is one thing to know a general rule of common law. It is another to know the application of the general rule, its variations and-exceptions, in a particular state. Both are important. Without the first, the lawyer becomes the mere tradesman. Worse than that for him, he is often helpless, for with all the gray mule and spotted cow cases to which a benevolent digester directs him he does not sense the legally significant facts so that he can recognize an authority when he sees it. Without the second, even the lawyer with a grasp of fundamentals is at …


Declaratory Judgments, Edson R. Sunderland Jan 1922

Declaratory Judgments, Edson R. Sunderland

Articles

The subject of declaratory judgments has received a great deal of attention in the United States during the last few years, and the interest aroused has resulted in the enactment of statutes in a considerable number of states authorizing courts to declare the rights of parties in cases where relief of the conventional sort is inadequate, inconvenient or impossible. Such judgments may now be obtained in California, St I92I, ch. 463; Connecticut, P. A. 1921, ch. 258; Florida, Laws 1919, No. 75; Hawaii, Laws 1921, Act 162; Kansas, Laws 1921, cl. 168; New Jersey, Laws 1915, ch. 116, Sec. 7; …


Growth And Development Of The Police Power Of The State, Collins Denny Jr Dec 1921

Growth And Development Of The Police Power Of The State, Collins Denny Jr

Michigan Law Review

The police power of the state is one of the most difficult phases of our law to understand, and it is even more difficult to define it and to place it within any bounds. In speaking of this power the court has recently said: "It extends not only to regulations which promote the public health, morals, and safety, but to those which promote the public convenience or the general prosperity. * * * It is the most essential of powers, at times the most insistent, and always one of the least limitable of the powers of government."' The term is …


The Court Of Industrial Relations In Kansas, H W. Humble May 1921

The Court Of Industrial Relations In Kansas, H W. Humble

Michigan Law Review

Most of the articles which have heretofore appeared in print in reference to the new Court of Industrial Relations in Kansas have beet taken up with such matters as the nationality of Alexander Howat; president of the 'Kansas district of the United Mine Workers, the cost and frequency of strikes among miners, the ideals of Governor Henry J. Allen and others responsible for the creation of the new Court and the like. But little has found its way -into print in the way of an exact analysis of the jurisdiction, powers and methods of procedure of this'tribunal. Such an analysis …


Rent Regulations Under The Police Power, Alan W. Boyd Apr 1921

Rent Regulations Under The Police Power, Alan W. Boyd

Michigan Law Review

Conditions resulting from the widespread housing shortage caused by the cessation of building during the war have given rise to legislation which must seem startling indeed to much of the legal talent surviving from a generation ago. The outstanding example is to be found in the New York laws which so far have succeeded admirably in eluding the constitutional pitfalls relied upon to nullify them. Three provisions have borne the brunt of the attack. The first prevents the recovery of an unreasonable rent in an action at law, and places the burden of showing reasonableness upon the landlord." Another suspends …


History Of Michigan Constitutional Provision Prohibiting A General Revision Of The Laws, W L. Jenks Apr 1921

History Of Michigan Constitutional Provision Prohibiting A General Revision Of The Laws, W L. Jenks

Michigan Law Review

Alone among the states of the Union, Michigan has, since i85o, pr6hibited any general revision of the laws and permits only a compilation of laws in force without alteration. As practically all the neighboring states, as well as New York, from which much of the early legislatiorf of Michigan was derived, have continued to revise their statutes from time to time, it may be interesting to see why Michigan alone has thought it desirable not only to stop the practice which it followed until I85o, but to prevent effectually its legislature from ever attempting it in the future.


Departure From Precedent, H W. Humble Apr 1921

Departure From Precedent, H W. Humble

Michigan Law Review

With the death of the reason for it, every legal doctrine dies.' * * * The fact that the reason for a given rule perished long ago is no just excuse for refusing now to declare the rule itself abrogated, but rather the greater justification for so declaring; and if no, reason ever existed, that fact furnishes additional justification. The doctrine of stare decisis does not preclude a departure from precedent established by a series of decisions clearly erroneous, unless property complications have resulted and a reversal would work a greater injury and injustice than would ensue by following the …


New Hampshire Constitutional Convention, Leonard D. White Feb 1921

New Hampshire Constitutional Convention, Leonard D. White

Michigan Law Review

New Hampshire's tenth constitutional convention, upon whose labors the voters will pass judgment in November, 1920, offers a striking contrast to most constitutional conventions of recent years.' It met originally in June, 1918, sat for three days, during which it organized, appointed its committees, debated andt disposed of an important constitutional question, and then adjourned awaiting the quieter days of peace. Upon reconvening in January, igo, it concluded its work within seventeen days, at an expense of less than $5oooo, and proposed only seven amendments, five of which had been submitted to the voters by previous conventions. For a body …


A Legislative Reference Bureau For West Virginia, Maurice T. Van Hecke Jan 1921

A Legislative Reference Bureau For West Virginia, Maurice T. Van Hecke

West Virginia Law Review

This paper suggests the benefits that might be derived from the establishment and maintenance of a legislative reference bureau in West Virginia. Similar agencies are now functioning in a majority of the states and at the national capital. It is understood that a need for such a bureau has developed in this state, and that a bill providing for the creation of a legislative reference bureau will be presented to the legislature at this session.


The State Judiciary, John D. Carroll Jan 1921

The State Judiciary, John D. Carroll

Kentucky Law Journal

No abstract provided.


Judges And Advocates Of Kentucky, E. J. Mcdermott Jan 1921

Judges And Advocates Of Kentucky, E. J. Mcdermott

Kentucky Law Journal

This article was originally published in the American Law Review, vol. 4, no. 6.


Public Policy And Personal Opinion, John B. Waite Jan 1921

Public Policy And Personal Opinion, John B. Waite

Articles

THE real relation of economics to law, only recently acquiring positive recognition, is illuminated by the varying decisions in regard to attempted restrictions on the enjoyment of personal property.


Declaratory Judgments, Edson R. Sunderland Jan 1921

Declaratory Judgments, Edson R. Sunderland

Articles

The widespread interest in this new form of remedial instrument, which was somewhat dashed by the recent decision of the Michigan Supreme Court in Anway v. Grand Rapids Ry. Co. (1920), 211 Mich. 59, holding declaritoty relief to be non-judicial and outside the constitutional power of courts (19 MICH. LAW REV. 86), has been revived by the action of the legislature of Kansas in enacting a declaratory judgment statute almost identical with the Michigan act. This was done with full knowledge of the decision in the Anway case, and inasmuch as it is well known that some of the judges …


Declaratory Judgments, Ralph W. Aigler Jan 1921

Declaratory Judgments, Ralph W. Aigler

Articles

The Declaratory Judgments Act of Michigan (Act No. 150, P. A. 1919) provided as follows: (Sec. 1) "No action or proceeding in any court of record shall be open to objection on the ground that a merely declaratory judgment, decree or order is sought thereby, and the court may make binding declarations of rights whether any consequential relief is or could be claimed, or not, including the determination, at the instance of anyone claiming to be interested under a deed, will or other written instrument, of any question of construction arising under the instrument and a declaration of the rights …


The Usefulness Of Intervention As A Remedy In Attachment, Edson R. Sunderland Jan 1921

The Usefulness Of Intervention As A Remedy In Attachment, Edson R. Sunderland

Articles

While rules of procedure are not saved from the rude hand of the reformer by the "due process" guarantees of our constitutions, they do rest, nevertheless, under the very efficient protection of professional conservatism. Such rules are looked upon by the bench and bar as their own special concern, and innovations in this field must maintain the burden of proving their character before both the lawyer members of the legislature and the lawyers and judges who interpret them in the course of litigation. It would be natural, therefore, to expect that a proposed reform in procedure would have to meet …


Enactment In West Virginia Of More Of The United States Laws, H. C. J. Jan 1920

Enactment In West Virginia Of More Of The United States Laws, H. C. J.

West Virginia Law Review

No abstract provided.


Public Utilities—Franchise Rates As Affected By The World War, Edwin C. Goddard Jan 1920

Public Utilities—Franchise Rates As Affected By The World War, Edwin C. Goddard

Articles

The economic convulsions due to the World War are abundantly reflected in the relations between the public and their public utilities operating under franchises fixing rates for service. The enormous rise in cost of labor and materials has, in many cases, so reduced the net income of such utilities as to make it a negative quantity at existing franchise rates. The utilities are crying to be saved from bankruptcy, but the unfortunate suspicion bred by past dealings of many such companies has made the public skeptical, and perhaps in many cases entirely unreasonable. In some cases plain selfishness may explain …


The Courts As Authorized Legal Advisors Of The People, Edson R. Sunderland Jan 1920

The Courts As Authorized Legal Advisors Of The People, Edson R. Sunderland

Articles

It is doubtful whether American legal institutions have witnessed a more far-reaching procedural reform since New York adopted its Code of Civil Procedure in 1848, than the movement toward the authorization of judicial declarations of rights which has received its chief impetus from legislation enacted in three American States during the past year. A somewhat timid step in this direction was taken by the New Jersey Chancery Practice Act of 1915, but it disclosed a want of confidence in the broad effectiveness of the remedy. Now for the first time American legislation has definitely committed itself to the principle that …


Public Utility Valuation - Cost Of Reproduction Theory And The World War, Edwin C. Goddard Jan 1920

Public Utility Valuation - Cost Of Reproduction Theory And The World War, Edwin C. Goddard

Articles

The very grave objections to the cost-of-reproduction theory of valuation of public utilities was pointed out at large in 15 MICH. L. REV. 205. The violent price changes following the World War have greatly increased the weight of these objections to calling anything a base which rests on such uncertainties and fluctuations as cost-of-reproduction. A base should be stable, but this has the stability Of a flying machine. There had been a rising curve of costs from 1893 to 1916, but since that date the rise has been almost vertical. The public utilities by- the thousands desire to take advantage …


Uniform State Laws--Reasons For Their Further Enactment In West Virginia, Henry Craig Jones Jan 1920

Uniform State Laws--Reasons For Their Further Enactment In West Virginia, Henry Craig Jones

West Virginia Law Review

No abstract provided.


Judicial System Of Michigan Under Governor And Judges, W L. Jenks Nov 1919

Judicial System Of Michigan Under Governor And Judges, W L. Jenks

Michigan Law Review

When the Territory of Michigan came into existence July i, 1805, it found a system of jurisprudence in operation which had been adopted by the Governor and Judges of the Northwest Territory from the laws of Pennsylvania, due no doubt, to the fact that Gov. Arthur St. Clair had lived some years in that State, had been a member of its Board of Censors, a magistrate, and was familiar with its judicial system which provided a-Court of General Quarter Sessions of the Peace in each county composed of Justices of the Peace, a Court of Common Pleas in each County, …


Note And Comment, Ralph W. Aigler, Charles L. Kaufman, Edwin D. Dickinson, Lester S. Hecht, Leon L. Greenbaum Jun 1919

Note And Comment, Ralph W. Aigler, Charles L. Kaufman, Edwin D. Dickinson, Lester S. Hecht, Leon L. Greenbaum

Michigan Law Review

Judicial Reform in Michigan - The legislature which has been in regular session this year has enacted a measure enlarging the scope of judicial action in a way likely to add very greatly to the iusefulness of the courts. This law authorizes courts of record to make binding declarations of the rights of parties prior to the commission of a wrongful act


Recent Important Decisions, Michigan Law Review Jun 1919

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Arrest - Right of Officer to Kill when Serving Warrant for Misdimeanor- Defendant-had a warrant for the arrest of one White, charging him with being drunk and disorderly. When the defendant served the warrant, White advanced upon him with an open knife. Although the defendant had a chance to escape through an open door, he shot and wounded White. In the prosecution of defendant for shooting and wounding White, it was held that the defendant was justified in shooting him. State v. Dunning (N. C., igig), 98 S. E. 530


Extraterritorial Effect Of The Equitable Decree, Willard T. Barbour May 1919

Extraterritorial Effect Of The Equitable Decree, Willard T. Barbour

Articles

ANYONE whom the study of equity has led into the by-paths of V Canon Law will recall that the Sext ends with a splendid array of imposing maxims, not improbably the source of the Latin maxims with which every lawyer is familiar. The inveterate habit formed by the ecclesiastics of expressing a legal principle in a short and crisp formula persisted when they came into the courts of law and is peculiarly in evidence among the chancellors of the fifteenth century. What may at first have been merely casual became through repetition a habit and the result has been to …


Religious Liberty In The American Law, Carl Zollman Apr 1919

Religious Liberty In The American Law, Carl Zollman

Michigan Law Review

It remains to examine the application of this principle* to particu- 1 lar offenses. Statutes have been passed against blasphemy and offenders have been prosecuted under them. This, as said in a Massachusetts case, has not been done "to prevent or restrain the formation of any opinions or the profession of any religious sentiments whatever but to restrain and punish acts which have a tendency to disturb the public peace.185 To prohibit the open, public, and explicit denial of the-popular religion of a country is a necessary measure to preserve the tranquility of a government. Of this no person in …