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Articles 17851 - 17880 of 18685
Full-Text Articles in Entire DC Network
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
1914 Law Class: Directory
Yearbooks & Class Year Publications
1949 edition of the directory of the Law Class of 1914.
Private Corporations, Horace La Fayette Wilgus
Private Corporations, Horace La Fayette Wilgus
Books
This subject will be treated in the following order: The general nature of a corporation. Definition and history. The corporation as a person. The corporation as a collection of individuals.The corporation as a franchise. Corporations and other institutions.Tests of corporate existence. Class of corporations. Creation of corporations. The state's functions. The promoter's functions. The corporate charter. The association agreement. Organization. The body corporate. Members and organs of action. Internal relations. Corporate funds. Corporate name. Corporate life. Corporate death- dissolution. Corporate powers and liabilities. Powers in general. Classes of corporate powers.Particular powers. Ultra vires. Torts and crimes. The corporation and the …
Book Reviews, John B. Waite, Hester E. Yntema, Victor H. Lane, Edwin C. Goddard
Book Reviews, John B. Waite, Hester E. Yntema, Victor H. Lane, Edwin C. Goddard
Michigan Law Review
A collection of book reviews by multiple authors.
Cases On Procedure, Annotated. Common Law Pleading, Edson R. Sunderland
Cases On Procedure, Annotated. Common Law Pleading, Edson R. Sunderland
Books
“No subject is more intimately connected with the history and development of our law than common law pleading. In sharp contrast with the other great system of law, that founded by the Romans, the common law has not been the product of legislation, but of litigation. It has grown up in the atmosphere of courts of justice. Such a genesis would necessarily give it a strong procedural favor, and would tend to emphasize remedies at the expense of rights. Procedure might therefore be expected to play a much larger part in the development of the common law than in the …
The History Of Contract In Early English Equity, W. T. Barbour
The History Of Contract In Early English Equity, W. T. Barbour
Books
“Mr. Barbour’s contribution to the Studies is an attempt to characterize with some precision and detail the functions of the Chancery in the fifteenth century. The court was gradually differentiated from the King’s Council, and the writs of Edward III’s time calling on persons to appear under penalty of a fine or imprisonment (subpoena), and other special injunctions, was generally framed in terms which leave it undecided whether proceedings were to be taken by the King’s Council, or by the Council under the chairmanship of the Chancellor himself with or without the aid of assessors. By the time of Richard …
Cases On Principal And Agent, Selected From Decisions Of English And American Courts, Edwin C. Goddard
Cases On Principal And Agent, Selected From Decisions Of English And American Courts, Edwin C. Goddard
Books
It is a striking proof of the fact that Agency is a modern subject in the law that Blackstone, in his Commentaries on the Laws of England, does not mention the subject by name, and barely makes a four-line reference to one sort of agent in his classification of servants. The old ca~es do, of course, sometimes deal with pure agency questions, but the agent is usually referred to as a servant or a factor, and the questions in issue are generally settled upon some principle of the law of Master and Servant. Agency is essentially a business- relation; hence …
Defects In Our Legal System, Henry M. Bates
Defects In Our Legal System, Henry M. Bates
Articles
That the practice of law and the administration of justice are under a fire of popular distrust and criticism of extraordinary intensity requires no proof. A fact of which there is evidence in numerous contemporary books, in almost every magazine, in the daily papers, in the remarks, or the questions, or it may be in the sneers, of one's friends, requires no further demonstration. The only questions of importance to be answered are to what extent this criticism and this distrust are well founded, what are the remedies for such defects as exist, and how and by whom should they …
The Registration Of Land Titles, John R. Rood
The Registration Of Land Titles, John R. Rood
Articles
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.
Legislating The Incumbent Out Of Office, W. Gordon Stoner
Legislating The Incumbent Out Of Office, W. Gordon Stoner
Articles
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.1 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.2 In a few cases,3 and particularly in the decisions of the courts of North Carolina,4 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 …
Corporations And Express Trusts As Business Organizations, Horace Lafayette Wilgus
Corporations And Express Trusts As Business Organizations, Horace Lafayette Wilgus
Articles
PRESIDENT BUTLER of Columbia University is reported to have said in an address before the New York Chamber of Commerce in 1911, that "the limited liability corporation is the greatest single discovery of modem times, whether you judge it by its social, by its ethical, by its industrial, or, in the long run--after we understand it and know how to use it,--by its political, effects." 1
Interstate Commerce And State Control Over Foreign Corporations, Ralph W. Aigler
Interstate Commerce And State Control Over Foreign Corporations, Ralph W. Aigler
Articles
Since Bank of Augusta v. Earle, 13 Pet. 519, there seems to have been no real occasion to doubt the power of a state totally to exclude foreign corporations seeking to engage in intrastate business only. The power to exclude being absolute, there has been no question as to the right of the state to allow the entrance of the foreign corporation for such business upon terms, and the terms may be of any sort, reasonable or unreasonable, except that the corporation seeking to enter cannot as a condition precedent to such entry be required to surrender a right or …
The Right To Divert Water To Non-Riparian Land, Ralph W. Aigler
The Right To Divert Water To Non-Riparian Land, Ralph W. Aigler
Articles
Though at one time in England there may have been some doubt as to the character of a riparian owner's rights in the waters of the stream, it must be considered as definitely settled by a series of cases that the doctrine of reasonable use by all the proprietors on the stream is the rule of the common law, and that the matter of priority of use or appropriation is, under that system, immaterial, unless, of course, a question of prescriptive right is involved. Wright v. Howard, 1 Sim. & S. 190; Mason v. Hill, 3 B. & Ad. 304, …
Can Affidavits Of Jurors To Show Misconduct Be Admitted For The Purpose Of Setting Aside A 'Quotient Verdict'?, Grover C. Grismore
Can Affidavits Of Jurors To Show Misconduct Be Admitted For The Purpose Of Setting Aside A 'Quotient Verdict'?, Grover C. Grismore
Articles
A recent Oklahoma case raises one phase of a question which has been perplexing the courts ever since jury trials were invented, and in regard to which there is a great contrariety of opinion. After a verdict had been rendered for the plaintiff in a personal injury suit, the defendant made a motion for a new trial on the ground of misconduct of the jury, and in support of his motion offered the affidavits of several of the jurors to the effect that the verdict was determined upon as the result of an agreement whereby each one of the jurors …
Editorial Preface To This Volume, Joseph H. Drake
Editorial Preface To This Volume, Joseph H. Drake
Other Publications
In his editorial preface to Formal Bases of the Law, Professor Drake offers a detailed summary of Del Vecchio’s historical survey of the philosophy of law. Drake reiterates that “the struggle for better definition of law has resulted in continually widening the practical application of law. In like manner it may be shown that the constant broadening of the metaphysical bases of law has been accompanied by improvements in its practice, and to this purpose we may well address ourselves.” From Aristotle to Grotius, to neo-Kantians and neo-Hegelians… “Law is neither force simply nor growth simply, but law is right …
Defects In Our Legal System, Henry M. Bates
Defects In Our Legal System, Henry M. Bates
Michigan Law Review
That the practice of law and the administration of justice are under a fire of popular distrust and criticism of extraordinary intensity requires no proof. A fact of which there is evidence in numerous contemporary books, in almost every magazine, in the daily papers, in the remarks, or the questions, or it may be in the sneers, of one's friends, requires no further demonstration. The only questions of importance to be answered are to what extent this criticism and this distrust are well founded, what are the remedies for such defects as exist, and how and by whom should they …
Teaching Of Practice And Procedure In Law Schools, Edson R. Sunderland
Teaching Of Practice And Procedure In Law Schools, Edson R. Sunderland
Michigan Law Review
Criticism of the law, the courts, and the legal profession is one of the popular customs of the day. So constantly and so insistently are we told of the shortcomings of the Bench and Bar that it is hard to hold one's footing against the sweep of the current. One might well suppose from all the clamor that the ancient respectability of the law had suddenly been discovered to be a monstrous pretense, a fraud on the innocence and trustfulness of the people, a cloak for injustice and a mask for oppression.
If The Lines Of A Junior Lode Location Be Laid Across The Surface Of A Valid Senior Location Will The Junior Location Acquire Extralateral Rights Based On A Portion Of The Vein Which Is Included Within The Senior Location As Against Another Earlier Location Covering The Dip Of The Vein, Myron A. Folsom
Michigan Law Review
It was decided in Del. Monte M. & M. Co. v. Last Chance M. & M. Co.,: that the lines of a junior lode location may be laid upon the surface of a valid senior location (if done openly and peaceably), for the purpose of securing extralateral rights on the dip of a vein the apex of which is within the second and outside of the first. But the court declined to decide whether the junior locator would acquire any extralateral rights based upon a portion of the apex covered by the senior location, saying "Perhaps the rights of the …
Note And Comment, Albert V. Baumann Jr, Stannley E. Gifford, Donald F. Melhorn, Ralph W. Aigler
Note And Comment, Albert V. Baumann Jr, Stannley E. Gifford, Donald F. Melhorn, Ralph W. Aigler
Michigan Law Review
Interstate Commerce and State Control Over Foreign Corporations - Since Bank of Augusta v. Earle, 13 Pet. 519, there seems to have been no real occasion to doubt the power of a state totally to exclude foreign corporations seeking to engage in intrastate business only. The power to exclude being absolute, there has been no question as to the right of the state to allow the entrance of the foreign corporation for such business upon terms, and the terms may be of any sort, reasonable or unreasonable, except that the corporation seeking to enter cannot as a condition precedent to …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Constitutionality Of Teachers' Pensions Legislation Ii:The Validity Of The Proposed Michigan Law, Continued, Horace L. Wilgus
Constitutionality Of Teachers' Pensions Legislation Ii:The Validity Of The Proposed Michigan Law, Continued, Horace L. Wilgus
Michigan Law Review
We considered the constitutionality of Sections I, and II, of the proposed act in the former paper.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Debt Of The Modern Law Of Guardianship To Roman Law, Charles P. Sherman
Debt Of The Modern Law Of Guardianship To Roman Law, Charles P. Sherman
Michigan Law Review
The Roman law of guardianship grew out of the family organization. It is also quite closely connected with the law of inheritance. The power of a guardian is that form of family power which ordinarily takes the place of paternal power when there is no one to exercise the latter. It was originally at Rome but an extension of the paternal power. In this respect the conception of guardianship is different in English law -- English guardianship rests on the principle of protecting the bodily and mental immaturity of youth.
Note And Comment, Gordon Stoner, Grover C. Grismore, Stanley E. Gifford, Stuart S. Wall
Note And Comment, Gordon Stoner, Grover C. Grismore, Stanley E. Gifford, Stuart S. Wall
Michigan Law Review
What is a Public Purpose Justifying the Expenditure Therefore of Money Raised From Taxation - A recent Ohio case raises a question which is frequently discussed in connection with the activities of cities, i. e., 'what is a municipal or public purpose for the accomplishment of which city funds raised from taxation may be expended. The council of the city of Toledo passed an ordinance authorizing the expenditure of $1000 for the purpose of establishing a municipal moving-picture theater. The auditor refused to pay over to the director of public service the fund thus appropriated and mandamus was sought by …
Book Reviews, Evans Holbrook, Henry M. Bates
Book Reviews, Evans Holbrook, Henry M. Bates
Michigan Law Review
A collection of book reviews by multiple authors.
Nature Of Legal Rights And Duties, Joseph W. Bingham
Nature Of Legal Rights And Duties, Joseph W. Bingham
Michigan Law Review
One cannot long talk on a legal topic without using the words right and duty or some synonyms. It is familiar hearsay that a purpose of law is to create, delimit, and protect rights and to define and enforce duties. Therefore it is of importance to inquire what is meant by "a right" and by "a duty" when we use these terms in legal discussion. The question is a linguistic one; but in the process of finding the proper answer, we shall have to analyze some of our common sorts of mental concepts and perhaps shall finish with a clear …
Constitutionality Of Teachers' Pensions Legislation Ii: The Validity Of The Proposed Michigan Law, Horace L. Wilgus
Constitutionality Of Teachers' Pensions Legislation Ii: The Validity Of The Proposed Michigan Law, Horace L. Wilgus
Michigan Law Review
In the preceding paper, we considered pension legislation in general -- its extent, forms, purpose, and relation to the taxing power of the state and nation. It is proposed in this paper to discuss in detail the provisions of the proposed Michigan teachers' pension law in the light of the general principles, set forth in the former paper, with reference to specific constitutional provisions, and the decisions of the courts upon-the validity of pensions for firemen and policemen which are similar in many respects to teachers' pension systems, together with such decisions as have been made concerning the constitutionality of …
Note And Comment, George E. Kennedy, Louis P. Lackey, John R. Rood, Gordon Stoner, Ralph W. Aigler
Note And Comment, George E. Kennedy, Louis P. Lackey, John R. Rood, Gordon Stoner, Ralph W. Aigler
Michigan Law Review
The Law School -As a result of the increased requirements for admission, which are now in their second year of operation, the attendance at the Law School is less than that of last year, though the decrease is less than was anticipated at the time of the adoption of the higher requirements. The entering class (the second, under the new standard) is about thirty larger than that of last year. There are no changes in the teaching staff, and none of great importance in the curriculum.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Book Reviews, Henry M. Bates
Book Reviews, Henry M. Bates
Michigan Law Review
A collection of book reviews by multiple authors.