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University of Michigan Law School

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Recent Important Decisions Mar 1926

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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University Of Michigan Law School Annual Announcement 1926-1927 And Catalogue Of Students 1925-1926, University Of Michigan Law School Feb 1926

University Of Michigan Law School Annual Announcement 1926-1927 And Catalogue Of Students 1925-1926, University Of Michigan Law School

Law School Announcement and Bulletins

The Law School; Library; Summer Session; Directions to Candidates for Admission; Foreign Students; Requirements for Admission; Admission as Candidates for Degrees; Changes in Requirements for Admission to Take Effect in 1928; Admission of Special Students; Admission to Advanced Standing; Combined Curriculum in Letters and Law; Requirements for Graduation: Degrees; Regulations Applicable to All Degrees; The Law Curriculum; Seminar Courses; Special Courses; The Practice Court; Public Speaking; Oratorical Associations; Fees and Expenses; The Lawyers' Club; Michigan Law Review; The Howard B. Coblentz Prize; Class of 1908, Memorial Scholarship; Order of the Coif; University Health Service; The Michigan Union; Summer Session; Requirements …

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Voting Trust Agreements, Maurice Finkelstein Feb 1926

Voting Trust Agreements, Maurice Finkelstein

Michigan Law Review

To the student who approaches the study of the law from the point of view of the legal philosophers-from Von Jhering to Pound-the detailed analysis of the law of private corporations in America will seem strange. Accustomed to think of law as a striving to maintain a balance such as the Poundian balance of social interests, he finds in the corporation law of the United States a co-existence of various systems without regard to the conflict of interests thereby created. Each state has its own rules of law and its own policies shaped by a medley of causes. Many states …

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Rights Of Non-Resident Aliens Under United States Laws Regulating Foreign Trade, Borris M. Komar Feb 1926

Rights Of Non-Resident Aliens Under United States Laws Regulating Foreign Trade, Borris M. Komar

Michigan Law Review

The commercial, financial, and industrial rivalry of the principal nations of the world is today the chief cause of the stubborn existence of the main scourge of our civilisation-War.

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Public Utilities-Policy As To Competition Between Utilities Feb 1926

Public Utilities-Policy As To Competition Between Utilities

Michigan Law Review

The older view held that the public would be most benefitted by stimulating a vigorous competition among all occupations, including public utilities. An example of such cut-throat competition is to be seen in United Railroads of San Francisco v. City and County of San Francisco, 249 U. S. 517, 39 S. Ct. 361. There, a street railway which had been operating for forty years was paralleled by a municipal railway, though the volume of business did not warrant such a duplication. Another striking example is discussed in Niagara Gorge R. Co. v. Gaiser, 109 Misc. Rep. 38, 178 …

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Recent Important Decisions Feb 1926

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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Book Reviews Feb 1926

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

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Books Received Feb 1926

Books Received

Michigan Law Review

A list of books received by Michigan Law Review

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Book Reviews Jan 1926

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

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The Power Of The Written Assertion, Gustavus Ohlinger Jan 1926

The Power Of The Written Assertion, Gustavus Ohlinger

Michigan Law Review

In his Outline of History Mr. Wells comments on the exaggerated estimate which people generally, through reading the Old Testament account, have come to entertain of the wisdom of Solomon and of the glory and prestige of the Israelitish Kingdom during his reign. By way of contrast, the facts, which are readily available and discernable even in the scriptural narrative, reveal this much advertised monarch as a rather insignificant chieftain and his kingdom as a pawn in the policies of his powerful neighbors-a striking example, according to Mr. Wells, of the power of the written assertion over realities in men's …

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Going Value, William W. Potter Jan 1926

Going Value, William W. Potter

Michigan Law Review

It has been said that the law defining "Going Value" and prescribing the method of proving its existence, in any particular public utility rate case, is still in a formative stage,--which implies that though there is an undefined something which constitutes the basis of going value, on account of its elusive and intangible nature, no one has a clearly defined idea of what it is, whence it originates, or how it may be proved and established.

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Canada's Treaty Making Power, C. D. Allin Jan 1926

Canada's Treaty Making Power, C. D. Allin

Michigan Law Review

The question of the treaty-making power of the Dominion of Canada was raised in an acute form during the negotiations between Great Britain and the United States governments over the halibut fisheries. After several years of investigation and negotiation, a draft agreement was drawn up by the American State Department and sent to the Canadian government through the British ambassador at Washington. According to the title and preamble of the treaty, the convention was drawn up between the United States and Great Britain, but by Article I, "The Nationals and inhabitants and fishing vessels and boats of the United States …

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International Law--Treaties--Are The Rum Tretaties Self-Executing? Jan 1926

International Law--Treaties--Are The Rum Tretaties Self-Executing?

Michigan Law Review

On May 22, 1924, the United States concluded a treaty with Great Britain by which the latter power agreed that it would raise no objection to the search and seizure of its ships by American authorities on the high seas, provided there was reason to suspect that such ships were committing or attempting to commit an offense against United States laws, and provided the search and seizure were made within an hour's run of the American coast. In return the United States conceded to British ships the privilege of bringing into its ports liquor in bond in their ship stores. …

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Evidence By Surviving Participant Of A Contract Or Other Transaction Jan 1926

Evidence By Surviving Participant Of A Contract Or Other Transaction

Michigan Law Review

Among the most prolific and endless sources of litigation of recent times are the so-called "dead man statutes", which forbid the surviving participant in a contract or other transaction to testify regarding it unless the opposing party waives the restriction. These statutes lay down a rule of thumb which treats all cases, meritorious or unmeritorious, exactly the same. In attempting to apply them to the cases the courts have made one fine distinction after another, only to interject still finer ones in between, until the whole· makes a labyrinth in which suitor and court have often found themselves hopelessly lost. …

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Recent Important Decisions Jan 1926

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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What Is An Unreasonable Search? Jan 1926

What Is An Unreasonable Search?

Michigan Law Review

In Carroll v. United States (1925) 267 U. S. 132, 45 Sup. Ct. 280, the Supreme Court held that there may be a reasonable search of an automobile without a search warrant. The recent case of Agnello v. United States (Oct. 12, 1925) 46 Sup. Ct. 4, goes far in the opposite direction with reference to the search of a dwelling house. In the latter case several defendants were convicted of conspiracy to violate the Harrison Drug Act, a felony under the federal law. Two government revenue agents had negotiated with defendants Alba and Centorino in the home of Alba …

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Estoppels-Legal And Equitable-Question As To Whether Equitable Estoppels May Be A Defense At Law Jan 1926

Estoppels-Legal And Equitable-Question As To Whether Equitable Estoppels May Be A Defense At Law

Michigan Law Review

An estoppel has been defined as "an impediment or bar, by which a man is precluded from alleging, or denying a fact, in consequence of his own previous act, allegation, or denial to the contrary". Jacob. In both law and equity estoppels were introduced at a very early date. Legal estoppels long antedated Coke, who attempted to enumerate them. Co. LIT. (17th ed.) 352, a. In fact, in some forms, as the estoppels by deed and of record, legal estoppels must have existed from the early beginnings of the common law. The doctrine which gave rise to equitable estoppels also …

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The New Law Of Nations, Edwin D. Dickinson Dec 1925

The New Law Of Nations, Edwin D. Dickinson

Articles

"In these disillusioned years which are the aftermath of the World War the law of nations has come to be regarded in many quarters with a kind of sophisticated skepticism. It is freely asserted that the law has proved a futile reliance, that it has broken down, and it is asked--with an air of unbelief too obvious to be misunderstood--What is there that is ever likely to be done about it?"

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The Intention Fallacy In The Construction Of Title Retaining Contracts, Abraham J. Levin Dec 1925

The Intention Fallacy In The Construction Of Title Retaining Contracts, Abraham J. Levin

Michigan Law Review

''Truth", said William James, "lives for the most part on a credit system. Our thoughts and beliefs 'pass', so long as nothing challenges them, just as bank-notes pass, so long as nobody refuses them." This can also be said of legal principles. In the interpretation and construction of conditional sales and kindred title retaining instruments the courts and lawyers and text writers have assumed that the intention of the parties governs under all circumstances regardless of whether the suit is between the original parties to the contract, or whether the issue involves the rights of third parties. So far as …

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An Appraisal Of English Procedure, Edson R. Sunderland Dec 1925

An Appraisal Of English Procedure, Edson R. Sunderland

Michigan Law Review

On paper the program of the London meeting of the American Bar Association last year was not a crowded one. No busy morning sessions hurried the members away from their hotels; at noon there was a leisurely opportunity for comfortable luncheons; and the drowsy summer afternoon was far advanced before the real business of the day began. But the printed program only marked the high points of the meeting. All through the week, by day and by night, there was London to be seen, the Abbey, the Tower, the Thames, palaces, parks and galleries, and the thousand historic spots which …

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Pseudo-Protection Of The Property In Rate Cases Dec 1925

Pseudo-Protection Of The Property In Rate Cases

Michigan Law Review

It is clear that in ascertaining the present value we are not limited to the consideration of the actual investment. If that has been reckless or improvident, losses may be sustained which the community does not underwrite. As the company may not be protected in its actual investment, if the value of its property be plainly less, so the making of a just return for the use of the property involves the recognition of its fair value if it be more than its cost. The property is held in private ownership, and it is that property, and not the original …

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The Law School And The Professional Tradition, Roscoe Pound Dec 1925

The Law School And The Professional Tradition, Roscoe Pound

Michigan Law Review

Only historians know that Michigan, Illinois and Wisconsin were once, at least in legal theory, governed by the Custom of Paris. That fact has not left a mark upon the actual law of any of those jurisdictions. Nor is the reason far to seek. In the pioneer days of the French occupation of this part of North America there was little scope for such law as is to be found in books. There was need only for a rude administration of offhand justice in the simple concerns of a frontier society. And had there been need for anything more, the …

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Boundaries On Highways Dec 1925

Boundaries On Highways

Michigan Law Review

When the subject matter of a conveyance is sought to be identified by reference to boundaries indicated by monuments of appreciable width, inevitably the question arises as to the particular part of the monument which is to control. It is agreed that prima facie the center point or line is to be taken. There is in this rule the practical value of ascertainable certainty; besides, it has, an inherent reasonableness that commends it. The rule, however, should not be applied when a result would be produced that would not accord with what other considerations show pretty clearly must have been …

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Recent Important Decisions Dec 1925

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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Book Reviews Dec 1925

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

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Sterilization Of Mental Defectives, Burke Shartel Nov 1925

Sterilization Of Mental Defectives, Burke Shartel

Michigan Law Review

In 1923 the legislature of Michigan passed an act "to authorize the sterilization of mentally defective persons". This act has recently been sustained in its main provisions by the Michigan supreme court in a case brought to test its constitutionality. Probably the United States Supreme Court will also have an opportunity to pass upon the validity of this law, but the Michigan decision, although not final on the question whether the sterilization of defectives is violative of the "due process clause" of the Fourteenth Amendment, is nevertheless very significant. It is the first instance so far as the writer can …

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The New Holdsworth, Arthur Lyon Cross Nov 1925

The New Holdsworth, Arthur Lyon Cross

Michigan Law Review

In view of the fact that Pollock and Maitland do not go beyond the time of Edward I and Reeves no further than Elizabeth's reign, Professor Holdsworth, in publishing a revision and extension to the eighteenth century of his well known work, ventures to point out that it is "the first continuous history of English law that has ever been written". And so it is, to the point to which he has carried it thus far. One more volume at least is promised in the near future; while it is to be hoped that subsequent contributions may ultimately appear. "From …

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A Letter To The Lawyers' Club, William W. Cook Nov 1925

A Letter To The Lawyers' Club, William W. Cook

Michigan Law Review

In view of the fact that Pollock and Maitland do not go beyond the time of Edward I and Reeves no further than Elizabeth's reign, Professor Holdsworth, in publishing a revision and extension to the eighteenth century of his well known work, ventures to point out that it is "the first continuous history of English law that has ever been written". And so it is, to the point to which he has carried it thus far. One more volume at least is promised in the near future; while it is to be hoped that subsequent contributions may ultimately appear. "From …

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The Needs Of A Law School, Henry M. Bates Nov 1925

The Needs Of A Law School, Henry M. Bates

Michigan Law Review

A wide and remarkable experience, sound judgment, fine legal scholarship, and great intellectual ability have combined to make Mr. Cook's gift and his plan for this School unique in the annals of legal e4ucation. Beautiful and satisfying as are the buildings which he has erected, still more important and still more likely to produce good results for law and the administration of justice, is the plan into which he has put so much thought.

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Constitutional Law-Due Process-Compulsory Arbitration Under Kansas Industrial Relations Act Nov 1925

Constitutional Law-Due Process-Compulsory Arbitration Under Kansas Industrial Relations Act

Michigan Law Review

Another interesting chapter has been written in the legal history of the Kansas Court of Industrial Relations, that most interesting attempt to substitute judicial methods for the present condition of strife in the field of industrial dispute, and to recognize the rights of the public as an interested third party in such disputes. In Wolff Packing Co. v. Court of Industrial Relations, U. S. Sup. Ct., Oct. Term, 1924, Nos. 207 and 299, 45 S. Ct. Rep. 441, the Supreme Court of the United States has decided that the Industrial Relations Act, c. 29, LAWS 1920 (KANSAS), SPECIAL SESSION, …

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