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University of Michigan Law School

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Recent Important Decisions, Michigan Law Review Nov 1921

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Constitutional Law - Adoption and Amendment - Rearrangement not a New Constitution. - A convention was authorized to propose revision, alterations, or amendments to the existing state Constitution. After proposing several amendments which were adopted at popular elections, the convention appointed a special committee to draft a rearrangement of the Constitution and amendments. The reported rearrangement contained slight changes of substance, while declaring that "Such Rearrangement shall not be deemed * * * to change the meaning or effect of any part of the Constitution * * * as theretofore existing or operative." This Rearrangement was adopted by the convention …

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Judges In The British Cabinet And The Struggle Which Led To Their Exclusion After 1806, Arthur Lyon Cross Nov 1921

Judges In The British Cabinet And The Struggle Which Led To Their Exclusion After 1806, Arthur Lyon Cross

Michigan Law Review

Among the anomalies in the queer and devious course of Eng- £ lish constitutional progress few have been more striking than the number of reforms which have been due to the Conservatives.. One of no little significance was brought about during that period of political stagnation-the era of the French Revolution and the Napoleonic Wars. This was the exclusion of judges from the Cabinet, as the result of a political struggle in which the forces of opposition, though temporarily defeated, formulated a policy which was destined henceforth to prevail.

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Gratuitous Partial Assignments, Edwin D. Dickinson Nov 1921

Gratuitous Partial Assignments, Edwin D. Dickinson

Articles

"Is it possible to make an effective and irrevocable assignment by way of gift of part of a close action? There are no obvious reasons why it should not be possible. Gifts of a great variety of valuable rights are favored and protected by law. Why not a gift of part of a chose in action?"

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Rules Of Warfare, Edwin D. Dickinson Nov 1921

Rules Of Warfare, Edwin D. Dickinson

Articles

Professor Dickinson anticipates the 1921 Conference of Washington on arms control and limitation in light of the recent world war and the special situations in the Far East. "War is abnormal, the negation of law and order, the exaltation of force..... This does not mean that codes of war law, so called, have no place or function ...."

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The Commerce Clause As A Restriction On State Taxation, J M. Landis Nov 1921

The Commerce Clause As A Restriction On State Taxation, J M. Landis

Michigan Law Review

In the discussion of a topic of this nature, my purpose is to restrict and not to enlarge the field of available evidence. The immense powers granted to Congress under the commerce clause are too well known, and the magnitude of their extension by the definition of the word "commerce" cannot be comprehended in a restricted dissertation such as this. Thus, the topic itself sets limits to our.range. It concerns itself with the existence of two powers, the paramount congressional control over commerce and the state's powers to tax. Both are inclined to encroach upon the prerogatives of the other, …

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Note And Comment, Herbert F. Goodrich, Edson R. Sunderland, Victor H. Lane, Paul W. Gordon Nov 1921

Note And Comment, Herbert F. Goodrich, Edson R. Sunderland, Victor H. Lane, Paul W. Gordon

Michigan Law Review

The Domicile of a Wife - In 1908 Professor Dicey stated flatly, as a rule of the English law without exceptions, that the domicile of a married woman during coverture is the same as that of her husband, and changes with his." It is a rule which makes for hard cases and offers constant invitations for exceptions to meet the situations it creates. Must a deserted wife follow her husband to the ends of the earth to secure the domiciliary jurisdiction for divorce? May he, by shifting his own place of permanent residence, arbitrarily deprive her of capacity to make …

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Book Reviews, Edwin C. Goddard, Edwin D. Dickinson Nov 1921

Book Reviews, Edwin C. Goddard, Edwin D. Dickinson

Michigan Law Review

The plight of the public utilities following the World War has been shouted in a babel of demands for increased rates from one and all. The public has turned a doubting or hostile ear to these demands, and the utilities have overwhelmed the utility commissions with a vast mass of evidence to prove their case. None seem to have been harder hit than the electric railways. Some have ceased to operate, automobiles have already made deep cuts in their revenues, and there are not wanting those who predict that the electric railways, operating on fixed tracks, are already out of …

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League Of Nations And The Laws Of War, Ralph W. Aigler Jun 1921

League Of Nations And The Laws Of War, Ralph W. Aigler

Michigan Law Review

Everyone would agree that the renovation of international law presents a problem of commanding importance. Diversity of opinion is manifested, however, as soon as attention is directed to the details of the renovating process. Where to begin, what to emphasize, and how to go about it are questions which provoke a medley of discordant answers. Out of this medley a few paramount issues are beginning to emerge. One such issue concerns the so-called law of war. What shall be done about it? The World War revealed its lack of sanction, its confusion with self-interest, its chaotic uncertainty. Can it really …

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Constitutional Decisions By A Bare Majority Of The Court, Robert Eugene Cushman Jun 1921

Constitutional Decisions By A Bare Majority Of The Court, Robert Eugene Cushman

Michigan Law Review

In December, 1823, the legislature of Kentucky, in a blaze of resentment against a decision of the Supreme Court of the United States invalidating a Kentucky statute,' petitioned Congress "so to organize the Supreme Court of the United States that no constitutional question * * * involving the validity of State laws, shall be decided by said Court unless two-thirds of all the members belonging to said court shall concur in such decision." 2 At the same time a United States senator from Kentucky was demanding that Congress- require for such decisions the concurrence of seven judges out of a …

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Statutes Of Edward I Their Relation To Finance And Administration, Nathan Isaacs Jun 1921

Statutes Of Edward I Their Relation To Finance And Administration, Nathan Isaacs

Michigan Law Review

Perhaps the most far-reaching effect of the American Civil war, in the long run, could be illustrated by a chart showing government expenditures before and after that rebirth of the nation. The jump from the bottom of the chart to the top, with no apparent tendency to return, reflects a new conception of the function of the government, the creation of new powers and a redistribution of- the old ones. In like manner one of the most significant features of the present period of reconstruction throughout the civilized world seems likely to find its graphic representation in a curve that …

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Note And Comment, Edwin C. Goddard, Edson R. Sunderland, George D. Clapperton, Herman A. August Jun 1921

Note And Comment, Edwin C. Goddard, Edson R. Sunderland, George D. Clapperton, Herman A. August

Michigan Law Review

Public Utility Valuations and Rates - In comparing the reports of the public utility commissions with the decisions of the courts on questions of valuation of public utilities, nothing is more striking than this-that as time goes on the commissions are growingly impatient of the cost of reproduction theory, while the courts still insist there is no inflexible method of fixing value, but continue to prefer largely figures as to supposed reproduction cost. This attitude of the commissions is remarkable in view of the fact that every finding may be carried to the courts for review and possible reversal. The …

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Recent Important Decisions, Michigan Law Review Jun 1921

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney at Law - Disbarment - Disloyalty - Margolis was admitted to the bar in ioio and in disbarment proceedings he admitted he was an anarchist, a syndicalist, a communist, a Bolshevik, an I. W. W. and a member of the Union of Russian Workers. He had aided in the distribution through the mails of an anti-war magazine, was active in the organization of the Anti-Conscription League, and encouraged others to violate the laws of the land. He was disbarred, and although he had not been convicted under any statute, the Supreme Court of Pennsylvania affirmed the order, saying :-"He …

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Book Reviews, William W. Cook, Edwin D. Dickinson, Joseph H. Drake, Wayne C. Williams Jun 1921

Book Reviews, William W. Cook, Edwin D. Dickinson, Joseph H. Drake, Wayne C. Williams

Michigan Law Review

This is a book that every lawyer should read and every law student should be required to read. It is the culminating work of a masterly mind that for over fifty years has been studying governments, ancient and modern,' and meantime the writer has had the practical advantage of holding high and responsible offices, including that of British Ambassador to the United States. Viscount Bryce speaks plainly of American national, state and municipal shortcomings in government, especially the last, but it is done in a kindly vein. He is a friend of America and gives us credit for much.

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University Of Michigan Law School Annual Announcement 1921-1922 And Catalogue Of Students 1920-1921, University Of Michigan Law School May 1921

University Of Michigan Law School Annual Announcement 1921-1922 And Catalogue Of Students 1920-1921, 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 Candidate for a Degree; 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; Fourth Year Course; The Practice Court; Public Speaking; Oratorical Associations; Fees and Expenses; Michigan Law Review; University Health Service; The Michigan Union; Summer Session; Registration; Requirements for Admission; Fees; Credit; Advanced Standing; Courses of Study; Courses of Free Lectures; Graduates of 1920; Students; Summary of Students;

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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 …

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States And Foreign Relations, John M. Matthews May 1921

States And Foreign Relations, John M. Matthews

Michigan Law Review

The conduct of a nation's foreign relations may be affected to a considerable extent by its internal governmental organization. Generally speaking, a more energetic and effective foreign policy is possible for a nation whose government is characterized by unity and coherence. This is true not only with reference to the relations between the -departments of the central government, but also with reference to the relations between the central government and the local or state governments. In countries whose government is based on the federal plan, therefore, an important question to be considered is that as to the extent, if any, …

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Note And Comment, Henry M. Bates, Lewis H. Mattern, Paul W. Gordon, Jean Paul Thomas May 1921

Note And Comment, Henry M. Bates, Lewis H. Mattern, Paul W. Gordon, Jean Paul Thomas

Michigan Law Review

Freedom of Press and Use of the Mails - Strangely enough, the First Amendment to the Federal Constitution, although it guarantees against federal attack highly important and fundamental rights, has received very little authoritative interpretation by our courts. It remained for the Gr&t War and conditions following in its train to bring before that tribunal almost the first really important controversies relating to freedom of press and of speech. The case of U. S. ex rel. Milwaukee Social Democratic Publishing Company, Plaintiff in Error, v. Postmaster-General Albert S. Burleson, decided March 7, 192i, is the- latest of a series of …

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Recent Important Decisions, Michigan Law Review May 1921

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession - Life Tenant under Void Devise Holding Against Remainderman - Testratrix was seised in fee of certain tenements, which by a void will she devised to her husband for life with remainder over. The husband entered claiming under the will and held for the statutory period. UpOn his death the remainderman claimed possession under the will on the ground that as the husband also claimed under the will he was estopped from setting up its invalidity. Held, title in fee accrued to the husband and his heirs by adverse possession; for the will being void the husband was …

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Book Reviews, Edwin D. Dickinson, Herman Oliphant May 1921

Book Reviews, Edwin D. Dickinson, Herman Oliphant

Michigan Law Review

The British Year Book of International Law, 1920-1921. Editor, Cyril M. Picciotto. Editorial Committee, Sir Erle Richards, Prof. A. Pearce Higgins, Sir John Macdonell, Sir Cecil Hurst, and, E. A. Whittuck. London: Henry Fioude and Hodder & Stoughton, x92o. Pp. viii, 292.

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Trust Company In Michigan, Ralph Stone May 1921

Trust Company In Michigan, Ralph Stone

Michigan Law Review

A trust company in Michigan is a financial and business institution. It came into being, in this state -as elsewhere, in response to the need for an efficient and business-like organization to administer estates and trusts of all kinds as a relief to the individual executor, administrator and trustee. The ever -increasing complications of business and finance placed a burden upon the individual- the relative, the friend, or the business associate-which he found he could not carry without considerable sacrifice either to his own interests or to those of the trust. Those who create trusts either by will, or private …

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Book Reviews, C D. Allin Apr 1921

Book Reviews, C D. Allin

Michigan Law Review

The Equality of States in International Law. By Edwin De Witt Dickinson. (Cambridge: Harvard University Press, ig"o. Harvard Studies in Jurisprudence, Vol. III.) Pp. ix, 424.

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Watered Stock Commissions Blue Sky Laws Stock Without Par Value, William W. Cook Apr 1921

Watered Stock Commissions Blue Sky Laws Stock Without Par Value, William W. Cook

Michigan Law Review

Stockholders' exemption from liability for corporate debts is a modern invention. It was not until 18x1 that New York extended that exemption to stockholders in manufacturing corporations.' Massachusetts did not grant it until 1830.2 England did not allow it to stockholders in business and manufacturing cornpanies until I855. s As President Eliot of Harvard has pointed out, this privilege of limited liability is "the corporation's most precious characteristic."'

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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 …

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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.

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Note And Comment, Horace Lafayette Wilgus, Edson R. Sunderland, Carl G. Brandt, A George Bouchard Apr 1921

Note And Comment, Horace Lafayette Wilgus, Edson R. Sunderland, Carl G. Brandt, A George Bouchard

Michigan Law Review

Boycott - Clayton Act - In Duplex Printing Press Company v. Deering et al. (January 3, 192I) 41 S. Ct. 172, the facts were: The plaintiff, a Michigan corporation, manufactures at Battle Creek, and sells throughout the United States, especially in and around New York City, and abroad, very large, heavy and complicated newspaper printing presses. Purchasers furnish workmen, but ordinary mechanics alone are not competent to do this, and so they are supervised by specially skilled machinists furnished by plaintiffs. The plaintiffs have always operated on the "open shop" plan, without discrimination against union or non-union labor, either at …

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Recent Important Decisions, Michigan Law Review Apr 1921

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession - Color of Title - Written Instrument. - Where the defendant under a parol gift of an entire tract of land, but without any "paper" titlq took actual possession of only a part of the tract, but claimed title up to its well-defined boundaries for the statutory period, it was held, in an action by the heirs of the donor, that the defendant had acquired title to the whole tract. Nelson v. Johnson (Ct. of App., Ky., r92o), 226 S. W. 94.

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Book Reviews, G L. Canfield Mar 1921

Book Reviews, G L. Canfield

Michigan Law Review

Handbook of Admiralty Law. By Robert It. Hughes, M.A., LL.D., of the Norfolk (Va.) Bar. Second Edition. St. Paul, Minn.: West Publishing Co., 1920. Pp. xviii, 572.

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Does The Constitution Protect Free Speech, Herbert F. Goodrich Mar 1921

Does The Constitution Protect Free Speech, Herbert F. Goodrich

Michigan Law Review

Many thoughtful men and women, witnessing the suppression of speech, by means both judicial and extra-judicial, in the period through which we have just passed, have reluctantly concluded that our hard won ight of freedom of speech has been lost, swept away in the flood tide of war enthusiasm. They point to the example of the recent candidate for the presidency, Eugene Debs, who is still confined in a federal prison for words he uttered during the war. They call attention to the fact that the fate of Mr. Debs is no worse than that of scores of other persons, …

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Reading From Ancient Chinese Codes And Other Sources Of Chinese Law And Legal Ideas, John Wu Mar 1921

Reading From Ancient Chinese Codes And Other Sources Of Chinese Law And Legal Ideas, John Wu

Michigan Law Review

With the legal profession today there is a growing interest in Vthe study of universal legal ideas. Legal ideas, it would seem, gain strength by extension both in time and in space. ,As ius" gentium is necessarily more congenial to human reason than ius civie, so it may. be said that the laws of all ages are more deep-seated in human nature than those of a particular generation. The scope of comparative jurisprudence, therefore, embraces all the length and breadth of legal scholarship, so that it cannot afford to ignore any materials that may give us light upon the legal …

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Note And Comment, Albert G. Guetz, Edson R. Sunderland, Herman A. August, Edwin C. Goddard, Paul W. Gordon Mar 1921

Note And Comment, Albert G. Guetz, Edson R. Sunderland, Herman A. August, Edwin C. Goddard, Paul W. Gordon

Michigan Law Review

Declaratory Judgments - The widespread interest in this ntw form of remedial instrument, which was. somewhat dashed by the recent decision of the Michigan Supreme. Court 'n Amwmy v. Grand Ropds.Ry. Co. (r920), 211 Mich. 59, holding declaritoty relief to b! non-judicial and -outside the constitutional power of 'courts (9ig MicH. LAw Rzv. 86), has been revived by the action of'the legislature of. Kansas in enacting a derlaratory judgment statute almost identical with the .Michigan act.. This was done with full knowledge of the decision in the .4mmy case, and inasmuch -as it is well known that some of the …

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