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Recent Important Decisions Mar 1929

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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Forestalling, Regrating And Engrossing, Wendell Herbruck Feb 1929

Forestalling, Regrating And Engrossing, Wendell Herbruck

Michigan Law Review

The earliest attempts in English Law to regulate trade are to be found in the enactments against forestalling, regrating and engrossing and in them, it has been asserted, is the basis of our modern legislation against monopolies and combinations in restraint of trade. Aside, however, from the mention that is occasionally made of these crimes in connection with the history of the laws of trade, the words as a part of legal terminology are almost obsolete, although the word "forestalling" is used to define a crime punishable under the laws of Ohio and doubtless is to be found in other …

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Recent Important Decisions Feb 1929

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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The Scope Of Judicial Review, Edson R. Sunderland Feb 1929

The Scope Of Judicial Review, Edson R. Sunderland

Michigan Law Review

There was nothing known to the common law which was, or could properly be called, a true appeal from one court to another, and this was so in England until the judicature act of 1873. There were, however, certain imperfect and restricted methods by which some sort of redress could be had for an unjust decision.

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Descent And Distribution-Status And Inheritance Rights Of Adopted Child Feb 1929

Descent And Distribution-Status And Inheritance Rights Of Adopted Child

Michigan Law Review

The adoption of the children of another person is said to have been unknown to the common law. In re Johnson, 98 Cal. 531; Morrison v. Sessions, 70 Mich. 297, 14 Am. St. Rep. 500. However, the status of adopted children is one of very ancient origin, existing in Biblical times, Romans 8:15; 9:4:, and was developed to a high degree by the Greeks and Romans. Provisions for child adoption were incorporated in the Code of Justinian, SANDERS, JUSTINIAN; Am. ed. 103 et seq., and took their place in the jurisprudence of all countries in which the civil …

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Vicarious Liability And The Family Automobile, Norman D. Lattin Jun 1928

Vicarious Liability And The Family Automobile, Norman D. Lattin

Michigan Law Review

The advent of the automobile into the family life of the present age brought with it a doctrine which has been the troublesome source of much comment in the adjudicated cases and legal literature generally. Were it not for the fact that the battle still wages with much intensity, with very little outward evidence of abatement, it would be presumptuous to add to the already voluminous supply of legal material concerning the law of the family automobile, commonly termed the "family purpose" or "family car" doctrine. If further justification were needed, the problems arising from air navigation, which threatens to …

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Remedies For Wrongful Action In The Levy And Enforcement Of Taxes Jun 1928

Remedies For Wrongful Action In The Levy And Enforcement Of Taxes

Michigan Law Review

Although there is a distinct policy in favor of prompt and efficient procedure for the levy and collection of taxes, unhindered by judicial "red tape," yet the government cannot exercise its power so as to deprive the taxpayer of his property without due process of law. What are the taxpayer's remedies against wrongful action on the part of those in charge of tax administration? How may due process of law be secured to him in tax administration matters? The purpose of this note is to review some of the principal remedies, with especial reference to the equitable remedy of injunction, …

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Due Process Of Law In State Labor Legislation, Fowler Vincent Harper Jun 1928

Due Process Of Law In State Labor Legislation, Fowler Vincent Harper

Michigan Law Review

With this material in mind, is it possible to arrive at any useful conclusions as to what constitutes due process of law in labor legislation? In each group of cases, there seem to be two distinct, though inseparable functions of the judicial process of reviewing the legislation in question. The courts, in brief, are arriving at conclusions both of fact and of law. The impression was, at one time prevalent that the extent of review of certain types of labor legislation was limited to the reasonableness of the' statute as respects the end sought and the means of attaining that …

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Recent Important Decisions Jun 1928

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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The Collection Of Criminal Statistics In The United States, Raymond Moley May 1928

The Collection Of Criminal Statistics In The United States, Raymond Moley

Michigan Law Review

It is well known to those who have attempted to secure final reliable and significant statistical data concerning crime and the enforcement of the criminal law in the United States that only the barest outline of the American crime problem is shown by the data now obtainable. Such diversity exists among recording agencies that we can not safely compare cities and states in the amount of crime reported to the police; the characteristics of these crimes or of those arrested for their crimes are so inadequately kept that little sociological data are available; we can not from material now published …

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Recent Important Decisions May 1928

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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Law School Announcement 1928-1929 And Catalogue Of Students 1927-1928, University Of Michigan Law School Apr 1928

Law School Announcement 1928-1929 And Catalogue Of Students 1927-1928, University Of Michigan Law School

Law School Announcement and Bulletins

History and Organization; Library; Summer Session; Directions to Candidates for Admission; Foreign Students; Requirements for Admission; Requirements for Graduation: Degrees; The Law Curriculum; Seminar Courses; Special Courses; The Practice Court; Fees and Expenses; The Lawyers' Club; Michigan Law Review; Fellowships, Scholarships, and Prizes; Requests and Gifts; Order of the Coif; Additional Information; Students' Physical Welfare; The Michigan Union; Summer Session; Requirements for Admission; Fees; Credit; Advanced Standing; Schedule of Work for 1928; Courses of Free Lectures; Additional Information; Graduates of 1927; Students; Summary of Students;

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Power Of Agricultural Co-Operative Associations To Limit Production, Milton J. Keegan Apr 1928

Power Of Agricultural Co-Operative Associations To Limit Production, Milton J. Keegan

Michigan Law Review

Farmers within recent years have recognized the necessity of combining in larger and still larger numbers, and great cooperative farm organizations have been formed, some of them with sales reaching $100,000,000 each year. These organizations in 1923 did a combined business estimated at $2,200,000,000. "Giant marketing associations, covering whole states, and even groups of states, have been organized with startling rapidity in the great cotton and tobacco growing states." Co-operative marketing legislation has given these groups great and far reaching powers to attain the end of making agriculture more profitable and to secure better returns to the producers of farm …

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Constitutional Law-Eminent Domain-Judcial Review By Certiorari Apr 1928

Constitutional Law-Eminent Domain-Judcial Review By Certiorari

Michigan Law Review

In a previous number of this volume the holding of the supreme court of Michigan was discussed wherein sections 1 and 2, article 13, of the constitution of 1908 were held to make necessity as well as compensation a judicial question in eminent domain cases. Accordingly, in that case, the court held that the feature of the statute (P. A. 1925, No. 352) authorizing the state highway commissioner to make a conclusive determination of necessity, without notice and hearing to the landowner, and without judicial review, was unconstitutional.

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Corporations-Right Of Majority To Amend Charter Under Reserved Right Of State Apr 1928

Corporations-Right Of Majority To Amend Charter Under Reserved Right Of State

Michigan Law Review

As everyone knows, the famous Dartmouth College case established, rightly or wrongly, that a corporate charter is a contract between the state and the corporation and the members of the corporation. Ever since that case the states have sought to avoid the resulting restrictions placed on the power to amend or repeal by the federal Constitution by expressly reserving the power at the time of incorporation.

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Recent Important Decisions Apr 1928

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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Tort Liability Of A Landlord, Raymond Harrison Harkrider Mar 1928

Tort Liability Of A Landlord, Raymond Harrison Harkrider

Michigan Law Review

The discussion thus far has dealt with the tort liability of a landlord for failing to perform some duty owed by him to persons upon the demised premises. There remains to be considered the tort liability of a landlord who fails to perform some duty owed by him to persons not upon the demised premises. The majority of the people composing this class are users of property adjoining that of the landlord. The cases dealing with the landlord's duties to persons upon the demised premises should always be distinguished from those dealing with his duties to persons using adjoining property. …

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The Doctrine Of "Hot Pursuit"--A New Application Mar 1928

The Doctrine Of "Hot Pursuit"--A New Application

Michigan Law Review

A recent decision of the United States District Court for the District of South Carolina involves a point apparently unique in the records of international law. The Vinces, a schooner of British registry, laden with a cargo of intoxicating liquors not under seal, was discovered by the United States Coast Guard cutter Mascoutin seven and one-half miles off the coast and within one hour's sailing distance from the United States headed in the direction of land. On being hailed by the Mascoutin, the Vinces turned about and headed for the high seas. The cutter followed in continuous chase and overtook …

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Surgeon's Liability For Operation Without The Patient's Consent Mar 1928

Surgeon's Liability For Operation Without The Patient's Consent

Michigan Law Review

Under the maxim volenti non fit injuria, a surgeon may inflict upon the body of his patient what otherwise would amount to a technical battery. The consent of the patient justifies the application of force to his person. Zoterell v. Repp, 187 Mich. 319, 153 N.W. 692; Robinson v. Crotwell, 175 Ala. 194, 57 So. 23; King v. Carney, 85 Okla. 62, 204 Pac. 270; POLLOCK, TORTS, 159; BURDICK, LAW OF TORTS, 110; TORTS, RESTATEMENT No. 1, Sec. 66. A generally accepted limitation to this doctrine is that consent to the commission of an unlawful act …

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Recent Important Decisions Mar 1928

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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Book Reviews Mar 1928

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

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Constitutional Law-Methods Of Testing The Constitutionality Of Rate Status Involving Heavy Penalties Feb 1928

Constitutional Law-Methods Of Testing The Constitutionality Of Rate Status Involving Heavy Penalties

Michigan Law Review

Where a state statute prescribes maximum intrastate railroad rates and also attaches heavy penalties for violations of the statute by a railroad or its agents, and where a railroad thinks the rates are confiscatory and hence unconstitutional, it is faced with an apparent dilemma. Must it either submit to the supposed confiscatory rates or else run the chance of incurring heavy penalties in case the statute is held constitutional? Or, is there another alternative-a painless way of testing the validity of the rates?

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The Law Institute And The Teacher Of Law, Herbert F. Goodrich Feb 1928

The Law Institute And The Teacher Of Law, Herbert F. Goodrich

Michigan Law Review

The American Law Institute will soon be five years old. It is not necessary here to describe its aims and purposes; every law teacher knows of the state of our law that brought the Institute into being, and of the high hopes which are entertained of its influence and accomplishments. Beginnings have been made in Trusts and Property. Substantial progress has been shown in Agency, Contracts, Conflict of Laws, and Torts, as well as the code of criminal procedure. We have by this time an appreciable amount of the product of the body which is restating our law. How can …

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The Case Of The S. S. "Lotus", George Wendell Berge Feb 1928

The Case Of The S. S. "Lotus", George Wendell Berge

Michigan Law Review

A momentous judgment was rendered by the Permanent Court of International Justice, sitting at the Hague, on September 7, 1927, in the Case of the S.S. Lotus. Interest in the case is especially manifest among students of international and maritime law, as well as others, because it is perhaps the first case to come before the Permanent Court in which the question for decision was a point of general international law. Thorough analysis and comment on the questions involved would fill a good-sized volume. Only a few observations can be made in this article on the merits of the …

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Corporations-Debts In Excess Of Statuatory Limit Feb 1928

Corporations-Debts In Excess Of Statuatory Limit

Michigan Law Review

Business Corporations generally have the power to borrow money for the purpose of their ordinary business, and to give the customary evidence of the debt and security therefor. Such power can be limited only by statute or by the charter. Statutes frequently provide that corporations should not incur indebtedness in excess of some particular stated amount, usually a certain proportion of the capital stock. A recent Nebraska case allowed the lender full recovery from the guarantor of corporate notes given in exchange for a loan in excess of the statutory limit, holding that excessive indebtedness does not necessarily invalidate contract …

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Book Reviews Feb 1928

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

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Recent Important Decisions Feb 1928

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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The Influence Of Control In The Determination Of Partnership Liability, Scott Rowley Jan 1928

The Influence Of Control In The Determination Of Partnership Liability, Scott Rowley

Michigan Law Review

The influence of control in the determination of partnership liability raises many interesting questions. Particularly within the past decade or slightly more it has been considered by the courts, at times with considerable vigor and with little logic or historical background. A perusal of the texts on partnership discloses very little mention of control as a test of partnership. As a rule it has not earned a place in the indices. The digests are almost equally devoid of place for it. In the few older cases where it is considered at all, it is quite often treated as a poor …

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Congress And The National Administration, John A. Farlie Jan 1928

Congress And The National Administration, John A. Farlie

Michigan Law Review

Under the Constitution of the United States, Congress is vested with legislative powers; and under the classical doctrine of the separation of powers, it is primarily a law-making organ. A recent writer on government has, however, analyzed its functions under seven heads, as follows: as a constituent assembly, a canvassing board and electoral college, an organ of public opinion, a board of directors, an organ of legislation, an executive council, and a high court of justice. In its capacity as board of directors, he also states that "the whole power of direction, supervision and control of administrative affairs is legally …

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The "Fence" Jan 1928

The "Fence"

Michigan Law Review

Whenever crime is discussed, one's attention is invariably called to the person who actually commits crime, such as the bandit, the murderer, the automobile thief, etc.; and whenever the so-called crime wave gains such proportions as to arouse the public to a state of indignation, laws are passed and reforms instituted to make more certain the punishment of such criminals. Very often, however, one of the most vicious enemies of society is forgotten, because he practices his nefarious profession hidden from the eye of the public and under a cloak of respectability. I refer to the one who receives the …

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