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Articles 17221 - 17250 of 18711
Full-Text Articles in Entire DC Network
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
The Next Task Of The Law School, James Parker Hall
The Next Task Of The Law School, James Parker Hall
Michigan Law Review
When, last December, I first saw these beautiful buildings, I could only exclaim: "It is a dream--a wonderful dream come true!" There was nothing original about this exclamation. You have all said or thought the same thing every time you have approached this quadrangle. In my mouth this trite but spontaneous utterance was but part of the res gestae of being conducted through the group by Dean Bates, the proud and intimate spirit of this architectural magnificence. And now, when I am privileged to return and to share in the dedication to the high service of man of this miracle …
The Russian Reinsurance Case, Edwin D. Dickinson
The Russian Reinsurance Case, Edwin D. Dickinson
Articles
Professor Dickinson's second commentary on Russian Reinsurance Company v. Stoddard and Bankers Trust Company: "The facts in the Russian Reinsurance Company case were without precedent. The Reinsurance Company had been incorporated in Russia in 1899 under a special statute constituting its charter and by-laws.... In 1917 the revolutionary Soviet Government was established in Russia and seven of the eight persons constituting the company's board of directors was driven into exile. In 1918 Soviet decrees nationalized the company, confiscated its property, and apparently terminated its corporate existence. Nevertheless, the exiled directors held meetings in Paris and continued to direct the …
Cooperation Between The Bar And The Public In Improving The Administration Of Justice, Edson R. Sunderland
Cooperation Between The Bar And The Public In Improving The Administration Of Justice, Edson R. Sunderland
Articles
Professor Sunderland compares public participation in the legal systems of the United States and Great Britain. "There must be a partnership between the profession and the laity for improving the administration of justice. Law must become a matter of public concern, and not treated as a mere perquisite of a professional class."
Waiver Of State Immunity, Edwin D. Dickinson
Waiver Of State Immunity, Edwin D. Dickinson
Articles
"English and American courts have come to regard it as 'an axiom of international law' that foreign states should be immune from suit in the national tribunals unless they to the expressly or impliedly waive their immunity and submit to the jurisdiction.... Yet it has not been doubted that states may waive immunity and submit to the local jurisdiction if they wish. In practice they frequently find it advantageous to do so. Some difficult questions arise when it becomes necessary to define the requisites of a waiver or to determine its precise effect in a particular case."
Redemption From Foreclosure Sale--The Uniform Mortgage Act, Edgar Noble Durfee, Delmar W. Doddridge
Redemption From Foreclosure Sale--The Uniform Mortgage Act, Edgar Noble Durfee, Delmar W. Doddridge
Michigan Law Review
If it be objected that our proposal is wholly novel and that it is the function of the Uniform Act merely to codify existing law, changing it only in so far as is necessary to remove conflicting rules, we would answer that codification in a strict sense is impossible in a field which presents so many conflicting views as that before us. We also believe that the objection is less forceful when the existing law is wholly statutory and half our states have no such law. And we understand that the commissioners have more and more abandoned the strict ideal …
Proof Of Good Faith, Jason L. Honigman
Proof Of Good Faith, Jason L. Honigman
Michigan Law Review
Section 59 of the Uniform Negotiable Instruments Law provides, that, "Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as holder in due course. But the last mentioned rule does not apply in favor of a party who became bound on the instrument prior to the acquisition of such defective title." Numerous questions of interpretation have arisen in …
Search Of Automobile Without Warrant--When Reasonable
Search Of Automobile Without Warrant--When Reasonable
Michigan Law Review
The enforcement of the National Prohibition Act has been responsible for raising the search and seizure question to a new height of importance. By Section 26 of that act, any officer discovering any person in the transportation of intoxicating liquors is to seize all such liquors being transported contrary to law. Obviously to secure a search warrant is impossible in the very nature of things the automobile, adapted to speed, is gone long before a warrant could be secured. And the employment of the automobile in the transportation of liquor is carried to such an extent that search and seizure …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Arbitration Under The Modern Statutes
Arbitration Under The Modern Statutes
Michigan Law Review
Of late years the way of the "fair and free trial in open court," to which every man is deemed to have an inalienable right, has become so long, devious, intricate and costly, that the law faces the danger of falling into general disrepute. The calendars of courts in most jurisdictions ·are crowded and filled for months and years in advance. the situation being most acute in the larger cities and commercial centers. the very places where delays are most undesirable. New York City serves as a horrible example-here an ordinary case generally takes three years to come to trial. …
Co-Operation Between The Judiciary And The Police, John B. Waite
Co-Operation Between The Judiciary And The Police, John B. Waite
Articles
"The problem in which I have been interested is the reason for the great disproportion between the number of arrests by the police and the number of convictions resulting...." Professor Waite expresses his opinion that judges occasionally thwart police in their lawful activities out of distrust or ignorance of police practices by capriciously interfering with criminal procedure.
The United States And The Mandates, Quincy Wright
The United States And The Mandates, Quincy Wright
Michigan Law Review
Although the United States has not yet become a member of the League of Nations nor burdened itself with any responsibilities in regard to the mandatory system established by that instrument for the government of former German and Turkish colonies, nevertheless (1) American influence was all important in gaining acceptance of the system by the Paris Peace Conference. (2) American influence was again felt in the process of putting the system into practical operation. (3) Finally the right of America to influence the future operation of the mandates irrespective of her ultimate relation to the League of Nations has been …
Prohibition And The Doctrine Of The Weeks Case, Thomas E. Atkinson
Prohibition And The Doctrine Of The Weeks Case, Thomas E. Atkinson
Michigan Law Review
One of the most disputed present day questions is whether evidence obtained in violation of constitutional guarantees against unreasonable searches and seizures should be admissible. The case of Weeks v. United States is perhaps the leading authority upon the proposition that evidence procured by officers through unreasonable search is not admissible. The holding may be justified upon how theories, vis., (1) that the admission of the evidence substantially violates the rule against self-incrimination in the Fifth Amendment, (2) that the exclusion of the evidence is the only practical means of enforcing the guarantee against unreasonable searches and seizures.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Recognition Cases, Edwin D. Dickinson
Recent Recognition Cases, Edwin D. Dickinson
Articles
"The prolonged interval during which the United States declined to recognize the government functioning in Mexico, and the still more protracted period during which recognition has been withheld from the de facto government in Russia, have produced some unusually interesting problems with respect to the appropriate judicial attitude toward an unrecognized de facto foreign government."
The Judicial Review Of Executive Acts, Albert Levitt
The Judicial Review Of Executive Acts, Albert Levitt
Michigan Law Review
The relation of the judiciary to the executive branch of the Government is a perplexing one. According to the Constitution, the government of the United States is threefold in character, legislative, executive and judicial. Each of these is supposed to be independent of the others. One cannot usurp the function of any one of the others. At the same time, this is a "Government of laws and not of men." It is equally true that this is a government of laws and not of political subdivisions or of the subdivisions of governmental mechanisms. Legislators, executives and judiciary must abide by …
Graduate Study In Law At Michigan
Graduate Study In Law At Michigan
Michigan Law Review
A notable advance in the organization of graduate study in law at Michigan has been achieved recently in the approval by the Board of Regents of a new program prepared and submitted by the Law Faculty. The program is the result of several years of experimentation and study. The word "program'', indeed, should not be permitted to give a false impression. In substantial measure the recent action only approves a new and more adequate description of such advanced work in law as the Law School is not only now prepared to offer but is actually offering for a limited class …
War Crimes, Elbridge Colby
War Crimes, Elbridge Colby
Michigan Law Review
Grant that as far as military jurisdictions are concerned, the superior order justifies the act of the subordinate. Yet is such a judgment valid outside of military circles? Grant that public armed troops and soldiers have generally been held exempt when acting under the orders of their sovereign, and are responsible only to their own government. Is this an absolute protection? Is it true that, by the authority vested in him, "the commanding general determines what measures are necessary unless restrained by the orders of his government, which alone is his superior." Are there no qualifications to the idea that …
Conflict Of Laws Rules As Constitutional Limitations
Conflict Of Laws Rules As Constitutional Limitations
Michigan Law Review
With the constant growth of the United States as a commercial nation, it has been inevitable that state lines should figure in business transactions to an ever diminishing extent. Business relations, keeping pace with the rapid development of modem means of transportation, have increasingly assumed an interstate aspect. With this extension of commercial dealings, the question of the legal rights of the parties so engaged has frequently arisen. Diversity of local rules of law has led to much litigation and disagreement. Differences in local rules might be overcome through the services of competent commercial lawyers, and contracts might then be …
Torts-Use Of Force To Expel Trespassers-Defences
Torts-Use Of Force To Expel Trespassers-Defences
Michigan Law Review
One of the most elementary and fundamental principles of the law of torts is that one in the lawful possession of premises may remove trespassers therefrom, using therefor so much force as is reasonably necessary. This is but a correlative of the right of an owner to have the free and undisturbed possession of his premises. The enunciation of this universally accepted rule furnishes a starting point, or basis, for an answer to the query, what is reasonable force? There can be no doubt as to the owner's liability for excessive or unreasonable force employed in ejecting a trespasser. Emmons …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Irresistible Impulse And Criminal Liability, John Barker Waite
Irresistible Impulse And Criminal Liability, John Barker Waite
Michigan Law Review
Do you believe in free-will, or mechanistic determinism, or fore-ordination, or fatalism? What do you mean by 'irresistible impulse'? What is the purpose of this prosecution against which you advocate, or deny, irresistible impulse as a defense; and just what do you mean by 'defense'? If, instead of one question, "is irresistible impulse a defense", we should ask these other questions of counsel, judge and medical expert, how often would their answers be in accord? Yet the one question can never be intelligently discussed in the absence of certainty and agreement as to the other premises. There are certain combinations …
War Crimes, Elbridge Colby
War Crimes, Elbridge Colby
Michigan Law Review
It is not necessary to enumerate exactly what may now be considered war crimes or violations of the laws of war. The list will change from time to time, by the addition of new offences and the omission of those now so considered. Most of the Hague Conventions and rules and regulations are sufficiently well furnished with the signatures of world wide plenipotentiaries and adequately ratified to insure of their being accepted as international law on the points covered. There are only a few exceptions. In general the precepts are valid. Indeed, most modern writers on international law, when they …
Admiralty-The Effect Of Ths Supreme Court's Interpretation Of The Lien Act Of 1910
Admiralty-The Effect Of Ths Supreme Court's Interpretation Of The Lien Act Of 1910
Michigan Law Review
Prior to the Lien Act of June 23, 1910, there was great confusion among the district courts over the question of the presumption of credit. The General Smith, 4 Wheaton 438, had held that though a lien was given to the furnisher of a foreign ship, the furnisher of a domestic ship got no lien unless the municipal law of the place gave him one. The states all passed various kinds of statutes giving material-men liens and these liens were enforced in admiralty. When the situation became unbearable Congress passed the Lien Act of 1910 to clarify the law. …
Justification For Inducing Breach Of Contract
Justification For Inducing Breach Of Contract
Michigan Law Review
Liability for inducing breach of contract, though of comparatively recent development in the field of torts, has grown so rapidly and with so little method or system in many decisions, that courts are somewhat anxious to find legitimate theories for checking the wholesale recoveries resulting from the application of the general principle. Justification for the tort shows some promise of being one of the checks for which the courts have been searching. The recent English case of Brimelow v. Casson (Aug. 1294) 93 L. J. Rep. 256, sheds some light on the problem of justification. In that case the plaintiff …