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University of Michigan Law School

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Law's Delays, Grant Foreman Dec 1914

Law's Delays, Grant Foreman

Michigan Law Review

A Gentleman of an acquisitive nature was adventuring about a large city seeking what he might turn to quick profit. Contact with the so-called font of justice gave him an idea, following which he opened up a quiet brokerage business. Perceiving a demand for jurors who would decide a case favorably, to the side that was willing to pay a decent price, he set about supplying that demand. The trade mark on his goods was a pin stuck in the lapel of the coat in such" fashion that in the jury box they would Without ostentation be recognized by his …

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New Interpretation Of The Sherman Act, Clarence E. Eldridge Dec 1914

New Interpretation Of The Sherman Act, Clarence E. Eldridge

Michigan Law Review

What has been said in the preceding part of this discussion addresses itself to the proposition that the SHERMAN Act does not mean what the District Court assumed it to mean. Naturally, such a negative discussion must be preliminary to a consideration of the more .comprehensive question "What does the SHERMAN ACT mean?" For, of course, even if the theory of the law upon which the District Court based its judgment was erroneous, still that fact would be of little or no practical importance if any tenable theory of the law were to justify the judgment.

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New Interpretation Of The Sherman Act, Clarence E. Eldridge Nov 1914

New Interpretation Of The Sherman Act, Clarence E. Eldridge

Michigan Law Review

Generally speaking, there never has been any serious disagreement as to the purpose of the SHERMAN ACT. Everyone -friends and foes, judges and economists, lawyers and laymen- admits that it was enacted with a view to foster competition, or, as Justice HARLAN put it in the Northern Securities case,' "to prescribe the rule of free competition."

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New Probation Law Of Michigan, Charles B. Collingwood Nov 1914

New Probation Law Of Michigan, Charles B. Collingwood

Michigan Law Review

Nothing connected with the work of a circuit judge demands more thoughtful consideration or occasions him more anxiety than the punishment to be meted out to the men and women who have violated the laws of the state. In almost every other matter there is an opportunity for review by an appellate court. Where litigants differ widely from the decision of the circuit court it is altogether likely that there will be an appeal and the matter will be finally adjudicated by another court. But from the sentence given to one who has plead guilty, or has been found guilty …

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Some Myths Of The Law, Walter Clark Nov 1914

Some Myths Of The Law, Walter Clark

Michigan Law Review

When I was a child, I spake as a child, I understood as a child, I thought as a child; but when I became a man, I put away childish things." These words of the great Apostle to the Gentiles apply to every calling and to every profession under the sun save only that of the law.

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Note And Comment, Joseph H. Drake, Hollis Harshman, Marcy K. Brown, Leslie C. Mcclelland Nov 1914

Note And Comment, Joseph H. Drake, Hollis Harshman, Marcy K. Brown, Leslie C. Mcclelland

Michigan Law Review

The Law School opens with an attendance of 500, the decrease from last year's numbers (on account of the increased requirements for admission) being less than was anticipated.

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Recent Important Decisions Nov 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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University Of Michigan Department Of Law Annual Announcement 1914-1915 And Catalogue Of Students 1913-1914, University Of Michigan Law School Jun 1914

University Of Michigan Department Of Law Annual Announcement 1914-1915 And Catalogue Of Students 1913-1914, University Of Michigan Law School

Law School Announcement and Bulletins

Department of Law; Library; Directions to Candidates for Admission; Requirements for Admission; Admission as Candidate for a Degree; Combined Course in Collegiate and Law Studies; Admission of Special Students; Admission to Advanced Standing; Class Rating; Degrees; Courses of Instruction; Special Courses; Summer Session; The Practice Court; Conveyancing; Oratory; Oratorical Associations; Testimonials and Medals; Literary Societies; Work in the Department of Literature, Science, and the Arts; Text-Books and Books of Reference; Fees and Expenses; Michigan Law Review; Summer Session; Registration; Requirements for Admission; Fees; Credit; Advanced Standing; Courses of Study; Courses of Free Lectures; Graduates of 1913; Students; Summary of Students;

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Note And Comment, Harry W. Lippincott, John S. Kelley Jr, George E. Kennedy, Louis R. Lackey Jun 1914

Note And Comment, Harry W. Lippincott, John S. Kelley Jr, George E. Kennedy, Louis R. Lackey

Michigan Law Review

Mutuality in Automobile Agency Contracts - Within the past few years several courts have had to pass upon and construe argreements between the manufacturers and the selling-agents of automoobiles, which have necessitated a thorough discussion of the principles of mutuality of obligation of contracts. The attempt to reach a correct solution has developed a vigorous difference of opinion on the subject in some recent cases which it may be of interest to discuss and compare.

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Front Matter, University Of Michigan Law School Jun 1914

Front Matter, University Of Michigan Law School

Michigan Law Review

Front Matter for Michigan Law Review Vol 12 (1913-1914)

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Lay Tradition As To The Lawyer, Roscoe Pound Jun 1914

Lay Tradition As To The Lawyer, Roscoe Pound

Michigan Law Review

We all know the lay tradition as to the lawyer. Mike Monaghan rhymes lawyer with trier. He tells us that the Probate Court is instituted to see that "iviry mimber of the bair gits a fair chanct at phwat the dicaysed didn't take wid 'im." In the timeworn anecdote of the epitaph "here lies an honest lawyer" everyone is ready to say, "that's Strange."' Laymen, who, sitting as arbitrators, will insist on technicalities which the law would instantly reject, and in corner-grocery discussions will argue that a contract signed with a lead pencil is void for informality, are quite sure …

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Expensive Futility Of The United States Trade Mark Statute, Edward S. Rogers Jun 1914

Expensive Futility Of The United States Trade Mark Statute, Edward S. Rogers

Michigan Law Review

Every lawyer of much experience knows the client who tip-toes into his office, closes the door carefully, and with a great show of secrecy announces that he has discovered or invented the best name for a soda cracker, a patent medicine, a soft drink, or what not, that human ingenuity ever conceived. He wants it protected before any one can steal it from him. He wants it "Copyrighted." This is the expression most commonly used. He seems to be under the impression that some incantation can be performed by means of which he will be able to secure to himself …

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Recent Important Decisions Jun 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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Book Reviews, Horace L. Wilgus, Joseph H. Drake Jun 1914

Book Reviews, Horace L. Wilgus, Joseph H. Drake

Michigan Law Review

A collection of book reviews by multiple authors.

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Book Reviews, Victor H. Lane, George Sunderland, Hessel E. Yntema May 1914

Book Reviews, Victor H. Lane, George Sunderland, Hessel E. Yntema

Michigan Law Review

A collection of book reviews by multiple authors.

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Constitutional Background Of The Recent Japanese Anti-Alien Land Bill Controversy, Harriette M. Dilla May 1914

Constitutional Background Of The Recent Japanese Anti-Alien Land Bill Controversy, Harriette M. Dilla

Michigan Law Review

The recent contention between the Federal Government and the state of California over the anti-alien land measure raised anew the question as to the conflict of state action with treaty stipulations. It is a problem which, under our constitutional system, may arise at any time and demand an individual solution in every instance. The dilemma which has presented itself repeatedly in American history is this: the states have the reserved right to provide for their public welfare and may exercise their police powers even against a foreign country, while to the Federal Government has been delegated the exclusive jurisdiction over …

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Recent Important Decisions May 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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Ontario Courts And Procedure, Herbert Harley Apr 1914

Ontario Courts And Procedure, Herbert Harley

Michigan Law Review

I cannot cover this part of the subject better than by quoting literally: "There are two classes of practitioners, barristers and solicitors. A lawyer must belong to one; most belong to both. The barrister alone can conduct a case at trial; the solicitor alone files pleadings."

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Notes On Some Interesting Wills, Sidney T. Miller Apr 1914

Notes On Some Interesting Wills, Sidney T. Miller

Michigan Law Review

In treating of this subject no attempt is made to deal with wills analytically or with much technicality. Rather is it the writer's aim to call attention briefly to some wills, ancient or modern, which stand out from the great mass for one reason or another. It would be easy to enlarge this into a treatise on the general theories of will-making; of the customs of different times and localities which sanctioned this or that form,-of nuncupative wills, holographic wills, and the secret or mystic testament provided for by the Louisiana Code, which is sealed up by the testator and, …

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Recent Important Decisions Apr 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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Note And Comment, Charles Weintraub, William F. Spikes, Paul B. Barringer Jr, Stuart S. Wall, Ralph W. Aigler Apr 1914

Note And Comment, Charles Weintraub, William F. Spikes, Paul B. Barringer Jr, Stuart S. Wall, Ralph W. Aigler

Michigan Law Review

A Partnership as a Farmer in Bankruptcy - After much uncertainty and difference of opinion among the courts as to the position of Partnerships under the Bankruptcy Act certain phases of the problem were set at rest by the Supreme Court in Francis v. McNeal. By that case it seems to have been authoritatively settled (1) that in determining the solvency or insolvency of a partnership the individual estates available for payment of firm debts are to be considered, and (2) that an adjudication of the firm as such draws into the proceeding the administration of the estates of members …

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Ontario Courts And Procedure, Herbert Harley Mar 1914

Ontario Courts And Procedure, Herbert Harley

Michigan Law Review

The progress made in England under the Judicature Acts of 1873 and 1875, with occasional revisions of procedure, has a deep interest for the American lawyer in search of judicial efficiency. In recent years a number of our lawyers have studied the English courts at first hand and upon their return have spread the news of great accomplishments in the home of the common law. These enthusiastic reports have been subjected to incisive criticism, so that controversy has arisen, and it has been difficult to determine to what extent inference from undoubted facts would apply to our own unsettled conditions. …

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Proposed Remedies In Court Procedure, Willis B. Perkins Mar 1914

Proposed Remedies In Court Procedure, Willis B. Perkins

Michigan Law Review

It is the judgment of the writer that the chief function of the legislature is to declare substantive rights. Court procedure being but the machinery by which substantive rights are determined, the responsibility for the effectiveness of that machinery should rest alone upon the courts. Unnecessary prolixity and confusion too frequently result from the present two-fold source of procedural law.

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Registration Of Land Titles, John R. Rood Mar 1914

Registration Of Land Titles, John R. Rood

Michigan Law Review

It is proposed in this paper to consider some of the advantages and disadvantages of the older system of no registration, the later system of registering the instruments of conveyance, and the latest system of making the title depend entirely on a recorded adjudication that it is thus and so, which absolutely displaces all former titles-adjudicated or otherwise. It is also proposed to consider some of the reasons why the older systems persist.

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Note And Comment, George E. Kennedy, John S. Kelley, Donald F. Melhorn, Grover C. Grismore Mar 1914

Note And Comment, George E. Kennedy, John S. Kelley, Donald F. Melhorn, Grover C. Grismore

Michigan Law Review

The Right of the Patentee to Control the Resale Price - Of the recent decisions of the Supreme Court of the United States, Bauer and Cie. v. O'Donnell, the so-called Price Maintenance Case, was of vital importance to a large number of manufacturers of patented articles. That this decision had a great effect upon such manufacturers is evidenced by the various ingenious methods ahd devices which have since been adopted by numerous manufacturers to avoid the operation and application of the principles set forth in the decision of that case.

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Recent Important Decisions Mar 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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Basic Doctrine Of American Constitutional Law, Edward Corwin Feb 1914

Basic Doctrine Of American Constitutional Law, Edward Corwin

Michigan Law Review

The two leading doctrines of American Constitutional Law before the Civil War, affecting state legislative power, were the Doctrine of Vested Rights and the Doctrine of the Police Power. The two doctrines are in a way complementary concepts, inasmuch as they represent the reaction upon each other of the earlier conflicting theories of natural rights and legislative sovereignty. But the older doctrine is the, doctrine of vested rights, which may be said to have flourished before the rise of the Jacksonian Democracy. Furthermore, if Constitutional Law be regarded from the point of view of its main purpose, namely, that of …

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Legislating The Incumbent Out Of Office, W. Gordon Stoner Feb 1914

Legislating The Incumbent Out Of Office, W. Gordon Stoner

Michigan Law Review

Under the English common law the officer's right or interest in the office which he held was regarded as a property right, an incorporeal hereditament. Largely because of the inherent difference between the nature and incidents of the public office at common law and those of the public office in this country, this conception never gained general acceptance here. In a few cases, and particularly in the decisions of the courts of North Carolina, offices have been asserted to be the property of the rightful incumbent. In these decisions the officer's right has been regarded as less absolute, perhaps, than …

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Book Reviews, Robert E. Bunker, Gordon Stoner Feb 1914

Book Reviews, Robert E. Bunker, Gordon Stoner

Michigan Law Review

A collection of book reviews by multiple authors.

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Note And Comment, Clair B. Hughes, Stanley E. Gifford, Stuart S. Wall, Ralph W. Aigler, Gordon Stoner Feb 1914

Note And Comment, Clair B. Hughes, Stanley E. Gifford, Stuart S. Wall, Ralph W. Aigler, Gordon Stoner

Michigan Law Review

Adverse Possession in the Case of the Rights of Way of the Pacific Railroad Companies - While the weight of authority is probably to the effect that railroad rights of way may be lost by adverse possession, the authorities are by no means agreed. The rights of way of certain of the Pacific Railroad Companies have been declared not to be subject to the ordinary rules as to adverse possession, on the ground that by the Congressional grants the four-hundred-foot-strips -were conveyed only for railroad purposes with the ultimate possibility of reverter in the United States, which had the effect …

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