Digital Commons Network^™

The Occupation Of Michigan, Elbridge Colby

Michigan Law Review

The British military occupation of Michigan during the war of 1812 had no real military importance. The events leading up to it were then discussed, and have since been, more as a matter of the propriety or impropriety of the conduct of General Hull and the ineffectiveness of our national military organization for war. From the standpoint of politics the incident is of slight significance. But from the standpoint of the history of belligerent occupations and military government it illustrates and touches upon several distinctly legal points.

The Assignability Of Easements In Gross In American Law, Lewis Mallalieu Simes

Michigan Law Review

In an admirable comment in the Yale Law Journal for June, 1923, signed W. R. V., it was proposed to explain the American cases on the assignability of easements in gross on the ground that those easements which are admeasurable are assignable; while others are not. This explanation is said to be derived from the law of profits. From that view of the American cases the writer respectfully dissents, and desires to show in this article that no good reason exists why easements in gross should not be held to be assignable.

Arrest Without A Warrant, Horace L. Wilgus

Michigan Law Review

The word arrest comes from the Latin through the French, and literally means to stop, stay or restrain. In law it relates to restraints upon a person's liberty of locomotion, movement from place to place. To require one to keep her mouth shut is not an arrest, even if wrongful. Every detention or "confinement of the person is an imprisonment, whether it be in a common prison, or private house, or in the stocks," or in the open street or elsewhere. Where codes define false imprisonment "as the unlawful violation of the personal liberty of another," the gist of the …

Constitutional Law-Interstate Commerce-The Transportation Act Of 1920

Michigan Law Review

Contemporaneous comments on Supreme Court decisions involving the "due process" clause too often resolve themselves into mere "debates" as to the wisdom of the particular legislation in question, either from the standpoint of the ultimate object to be accomplished or the methods adopted for its accomplishment. Strongest adherents of our unique system of judicial review must admit that, after all, the duty of the Supreme Court consists primarily in determining whether or not the legislation before it is valid, not whether it is, or is not, a politic enactment.

Injunction As Remedy For Unlawful Taxation

Michigan Law Review

Whether or not a court of equity should issue an injunction restraining the assessment or collection of an illegal or wrongful tax is a question concerning which there is little harmony among the cases and writers. 4 POMEROY, EQUITY JURISPRUDENCE, ed. 4, §1781; HIGH, lNJUNCTIONS, ed. 3, §484, p. 363; 37 HARV. L. REV. 255.

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

International Law-Counterclaimes In Suits By Foreign Govenments

Michigan Law Review

The confusion to which the courts are reduced by counterclaims in suits by foreign governments is illustrated by the recent cases on the point in the lower federal courts. Unassisted by an authoritative decision from the United States Supreme Court, they reflect the doubts appearing in most of the American cases, doubts that are founded on both the theoretical and practical difficulty of the questions involved.

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

What The American Law Institute Means To The Law School, Herbert F. Goodrich

Articles

"While in no sense a law school affair, the American Law Institute is so intimately connected with the progress of the law and legal education that it justifies mention here. The Institute was organized at a meeting of judges, lawyers and law teachers, held in Washington in February, 1923.... The Law School of the University of Michigan is and will continue to be intimately connected with this movement for the improvement of the law...."

Revival Of Moot Courts At Michigan, Herbert F. Goodrich

Articles

"Clubs formed for the purposes of argument of moot cases exist in varying numbers at several of the best law schools in the country. From the students of the Law School at Michigan has come a movement for the establishment of such clubs here...."

The Michigan Law Review: A Survey, John B. Waite

Articles

"The Michigan Law Review was instituted as a means of special education for those seniors in the Law Department who proved themselves particularly capable of profitting[sic] therefrom. It stands also as an extremely valuable service of the Law School to its alumni and to practicing lawyers in general."

The Future Of Michigan's Law School, Henry M. Bates

Articles

An article penned by Dean Bates in anticipation of the opening of the Law School's Lawyers' Club buildings in the following year. Bates does not mention by name the "distinguished alumnus of the University" whose "vision has developed the best-conceived and most effective plan in the history of the legal profession and the interests which it serves." A general narrative "travelogue" of the Law School in 1924.

The Operation Of The Recording Acts, Ralph W. Aigler

Michigan Law Review

As between successive transfers of land by the same transferor purporting to create legal interests it was the almost invariable rule of the common law that priority in right was determined by priority in time. This followed naturally from the fact that after A had conveyed to B there was no interest left in A which he could transfer to C; first in time was first in right because there was nothing left for the second transferee. Notice and lack of notice were wholly immaterial.

Some Unofficial Relations With Soviet Russia, Everett S. Brown

Michigan Law Review

On August 28, 1923, Colonel William N. Haskell, in charge of the distribution work of the American Relief Administration in Russia, reported to Herbert Hoover on the accomplishments of that organization. In a period of less than two years, 1921 to 1923, nearly 1,000,000 tons of food, seed, clothing and medical supplies were bought in the United States for distribution in Russia. At the height of its activity the American Relief Administration fed nearly II,000,000 men, women and children daily. Supplies for over 15,000 hospitals and institutions were furnished, and over 7,000,000 individuals were inoculated or vaccinated in the campaign …

Interest And Duty In Relation To Qualified Privilege, Harold A. Jones

Michigan Law Review

From the standpoint of the civil law of defamation it is perfectly. permissible to say what one pleases of a man when the subject of the charge is the only person present. To make the same communication to others, however, may be to invite a lawsuit; and the difference between idle gossip and legitimate interest is often the determining factor in ascertaining liability. If Smith calls Brown a thief, they two being alone, Smith cannot be held liable. If Mrs. Smith is present, he may still be immune. If the statement is made in a lodge meeting, Smith still might …

Labor Legislation Under The Treaty Power

Michigan Law Review

Does the treaty making power of the United States offer a method of enacting constitutionally valid federal laws, which under other delegated federal powers would be unconstitutional? The Constitution of the United States provides: Art. II, §2 (2) "He (the president) shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur * * *·" Art I, §8 (18) That Congress shall have power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this …

Property Rights In Church Pews

Michigan Law Review

A recent Pennsylvania decision, Zernosky v. Kluchinsky (Pa. 1923) 122 Atl. 262, lays down the rule that where the trustees of a church rent a pew to a parishioner without the consent of the priest in charge, when such consent is required by the ecclesiastical law, the transaction is of no effect and the ecclesiastical law will be followed by the court. This is the general rule as applied to conditions attached to the renting of pews, Atty. Gen. v. Meetinghouse, 3 Gray (Mass.) 1; French v. The Old South Society, 100 Mass. 479, but the interesting point …

University Of Michigan Law School Annual Announcement 1924-1925 And Catalogue Of Students 1923-1924, University Of Michigan Law School

Law School Announcement and Bulletins

The Law School; Library; Summer Session; Directions to Candidates for Admission; Requirements for Admission; Admission as Candidates for Degrees; Changes in Requirements for Admission to Take Effect in 1926 and 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; 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 for Admission; …

The Machinery Of Procedural Reform, Edson R. Sunderland

Michigan Law Review

Much has been said and written about the imperfections of legal procedure. It is a subject of great interest and concern to the bar and to the public. Since rules of practice prescribe the conditions under which rules of law may be made operative, in so far as they fail of their purpose the law itself becomes ineffective. Lord Campbell is reported to have said that "The due distribution of justice depends more upon the rules by which suits are conducted than on the perfection of the code by which rights are defined."

Constructive Contempt Of Court

Michigan Law Review

The recent case of Craig v. Hecht (1923) 44 Sup. Ct. Rep. 103, aroused an extraordinary amount of interest among laymen, and involved some legal questions of importance to lawyers; but perhaps its most significant result was the opportunity it afforded the legal profession to observe the popular attitude of hostility toward certain phases of judicial administration which lawyers are habitually inclined to overlook.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Humanitarian Intervention In International Law As Related To The Practice Of The United States, Malbone W. Graham

Michigan Law Review

One of the outstanding results of the Great War, as regards international law, has been the tendency to question the bases of that law and to subject almost every portion of it to a minute examination, to determine its adequacy in governing effectively the relations of states to each other. This wholesale questioning has not confined itself merely to the laws of war and of neutrality-open as most of them may be to objection as a result of the practices in the course of the war-but also to the international law of peace, as regards the doctrine of the equality …

Aliens-Right To Own Or Lease Land-Effect Of "Equal Protection" Clause

Michigan Law Review

Right of alien residents under the "equal protection" clause of- the federal Constitution received further delimitation in the Alien Land Law Cases, decisions handed down last November. Terrace v. Thompson (U. S. 1923), Adv. Ops. 35, and Porterfield v. Webb, Adv. Ops. 42. In the former case the court was concerned with a Washington statute passed to enforce a provision in the Washington constitution that forbade the ownership of land by any aliens other than those who had in good faith declared their intention to become citizens. The California statute in the second case differed chiefly in limiting its …

Real Property-Alienation-Limitation

Michigan Law Review

In the field of property as in that of personal rights (including contract) we still encounter occasionally the specter of certain supposedly absolute rights. The courts have had to declare often enough that the owner's rights of use are limited by the like rights of other owners, by considerations of public policy, public convenience, etc.; it is not so often that a court deals explicitly with the limitations upon an owner's power of disposing and leasing his property. In Terrace v. Thompson, recently decided by the United States Supreme Court (Nov. 12, 1923) it was urged by a United …

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Constitutional Law--"Liberty" Under Fourteenth Amendment--Validity Of Foreign Languages Statutes

Michigan Law Review

Nine states during the months immediately following the conclusion of the World War passed statutes in substantially the same language, forbidding the teaching of any modem language except English to children below the eighth grade in any school, private or public. Ohio also passed a law applying only to the German language. Teachers in Nebraska, Iowa, and Ohio were convicted during 1920 and 1921 of violating these statutes and, after the supreme courts of the various states had held them valid, their cases were combined in an appeal to the United States Supreme Court. Held, the statutes deprived appellants …

Cases On Procedure Annotated. Trial And Appellate Practice, Edson R. Sunderland

Books

“A dozen years ago the present editor published a case-book for law school use on Trial Practice. It was then a subject unknown in the law school curriculum. But in the years that have passed the teaching of trial practice has become a common feature in American legal education….

The editor’s earlier volume on Trial Practice has not been incorporated in the present book, but that subject has been entirely reorganized and rewritten. Legal Ethics in connection with trial work has been treated more adequately, new sections on the Verdict and Judgment have been added, certain topics, such as Instructing …

Prize Cases Decided In The United States Supreme Court, 1789-1918, Edwin D. Dickinson

Reviews

"It seems something of a paradox that our first and only complete collection of Supreme Court prize decisions should be published at last under the auspices of an endowment for international peace... And it has been the admirable purpose of the Carnegie Endowment to promote peace by rendering more available all authoritative sources of information about international affairs.

"There is more in common, indeed, between peace and prize cases than a mere matter of contact with international affairs. The development of international law, both as a general system and as a part of municipal law, has been developed by prize …