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Articles 15181 - 15210 of 16370
Full-Text Articles in Entire DC Network
Ministerial And Discretionary Official Acts, Edwin W. Patterson
Ministerial And Discretionary Official Acts, Edwin W. Patterson
Michigan Law Review
Two recent cases, one in Michigan and one in Iowa, bring up again the insistent question of judicial control over administrative action and the oft-repeated distinction between "ministerial" and "discretionary" official acts.
Some Greek Legal Papyri From The Michigan Collection, A Er Boak
Some Greek Legal Papyri From The Michigan Collection, A Er Boak
Michigan Law Review
The documents which form the subject of this paper are part of the Michigan Collection of Papyri recently acquired by Professor F. W. Kelsey in Egypt and secured for the University by the generosity of the Regents and certain friends and alumni, among the latter Mr. J. W. Anderson, of the Law Class of 189o. A large proportion of these documents are of a legal nature, and from these I have selected for translation four, which may be regarded as typical specimens of their respective classes.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
No abstract provided.
Neutrality Of British Dominions, C D. Allin
Neutrality Of British Dominions, C D. Allin
Michigan Law Review
The recent Cannes conference has revived the question of the -international status of the British dominions. Article IV of the proposed Anglo-French Alliance provided that "the present treaty shall impose no obligation upon any of the dominions of the British Empire unless and until it is approved by the dominion concerned." In short, the dominions were left free to pursue an independent foreign policy in European affairs.
Book Reviews, Burke Shartel, Grover C. Grismore, S C. Ho, S M. Ho, Evans Holbrook, Henry M. Bates
Book Reviews, Burke Shartel, Grover C. Grismore, S C. Ho, S M. Ho, Evans Holbrook, Henry M. Bates
Michigan Law Review
History of the San Francisco Committee of Vigilance of 1851. By Mary Floyd Williams. University of California Publications in History, Volume XII. "Berkeley: The University of California Press. 192I. Pp. xii, 543.
Compulsory Construction Of New Lines Of Railroad, Kenneth F. Burgess
Compulsory Construction Of New Lines Of Railroad, Kenneth F. Burgess
Michigan Law Review
In the half century of public regulation of railroads in the United States, regulatory legislation has dealt primarily with functions incident to the operation of existing enterprises. The basic concept has been that railroad corporations as common carriers have voluntarily assumed obligations to the public which the public has a right to require to be performed.
Social And Economic Interpretation Of The Fourteenth Amendment, Robert Eugene Cushman
Social And Economic Interpretation Of The Fourteenth Amendment, Robert Eugene Cushman
Michigan Law Review
For those who love precision and definiteness the question of the application of the Fourteenth Amendment to social and economic problems remains an irritating enigma. The judicial construction of due process of law and the equal protection of the law has from the first discouraged systematic analysis and defied synthesis. More than one writer has emerged from the study of the problem with a neat and compact set of fundamental principles, only to have the Supreme Court discourteously ignore them in its next case. But paradoxical as it may seem, those who long for a wise and forward-looking solution of …
Judges In The Executive Council Of Upper Canada, William Renwick Riddell
Judges In The Executive Council Of Upper Canada, William Renwick Riddell
Michigan Law Review
When in December, 1791, Upper Canada began her separate provincial career, her first Lieutenant-Governor, Colonel John Graves Simcoe, said that the Constitution of the Province was "the very image and transcript of that of Great Britain."'
University Of Michigan Law School Annual Announcement 1922-1923 And Catalogue Of Students 1921-1922, University Of Michigan Law School
University Of Michigan Law School Annual Announcement 1922-1923 And Catalogue Of Students 1921-1922, 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 1921; Students; Summary of Students;
Book Reviews, Nathan Isaacs, Horace Lafayette Wilgus, Arthur H. Basye, Leonard D. White, Victor H. Lane, Edwin D. Dickinson
Book Reviews, Nathan Isaacs, Horace Lafayette Wilgus, Arthur H. Basye, Leonard D. White, Victor H. Lane, Edwin D. Dickinson
Michigan Law Review
What does a judge do when he decides a case? It would be interesting to collect the answers ranging from those furnished by primitive systems of law in which the judge was supposed to consult the gods to the ultra-modern, rather profane system described to me recently by a retrospective judge: "I make up my mind which way the case ought to be decided, and then I see if I can't get some legal ground to make it stick." Perhaps the widespread impression is the curiously erroneous one lampooned by Gnaeus Flavius (Kantorowitz). The judge is supposed to sit at …
Net Income And Judicial Economics, Henry Rottschaefer
Net Income And Judicial Economics, Henry Rottschaefer
Michigan Law Review
A legal system does not function in a vacuum of abstractions. It is part of a general institutional framework of an organized society. Its content is determined by concrete individual and social needs and activities. Hence modern jurisprudence conceives of law as a means for securing interests. The appraisal of its rules and principles requires an evaluation of the significant elements of the situation to which they apply. A narrow, complacent formalism is the penalty of failure in this regard. No one would deny the emphasis modern society places upor its commercial and industrial interests, nor the many points of …
Indemnity Act Of 1863 A Study In The War-Time Immunity Of Governmental Officers, James G. Randall
Indemnity Act Of 1863 A Study In The War-Time Immunity Of Governmental Officers, James G. Randall
Michigan Law Review
One of the familiar measures of the Union administration during the Civil War was the suspension of the habeas corpus privilege and the consequent subjection of civilians to military authority. The essential irregularity of such a situation in American law is especially conspicuous when one considers its inevitable sequel-namely, the protection of military and civil officers from such prosecution as would normally follow invasion of private rights and actual injury of persons and property. Such protection was supplied by a bill of indemnity passed in 1863, and this law, with its amendment of i866, forms a significant chapter in the …
Due Process And Punishment, Clarence E. Laylin, Alonzo H. Tuttle
Due Process And Punishment, Clarence E. Laylin, Alonzo H. Tuttle
Michigan Law Review
To threaten such a man with punishment," wrote Sir James .LFitzjames Stephen,' "is like threatening to punish a man for not lifting a weight which he cannot move."
Note And Comment, Edgar N. Durfee, Cyril E. Bailey, Edwin B. Stason, William C. O'Keefe, Clyde Y. Morris
Note And Comment, Edgar N. Durfee, Cyril E. Bailey, Edwin B. Stason, William C. O'Keefe, Clyde Y. Morris
Michigan Law Review
The Basis of Relief from Penalties and Forfeitures - The equitable principle of relief from penalties and forfeitures is so far elementary as almost to defy analysis. Many, perhaps most, of the judicial explanations of the principle have based it upon interpretation or construction, appealing to the doctrine that equity regards intent rather than form. Yet a logical application of this doctrine would lead to results very different from those which have actually been arrived at in the decisions. Thus, a stipulation in a mortgage that the mortgagor waives his equity of redemption can hardly be interpreted as meaning that …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Admiralty - Workmen's Compensation - Is a Hydroplane a Vessel? - Claimant was employed in the care and management of a hydroplane which was moored in navigable waters. The hydroplane began to drag anchor and drift toward the beach, where it was in danger of being wrecked. Claimant waded into the water and was struck by the propeller. Held, claimant is not entitled to compensation under the Workmen's Compensation Law, since a hydroplane while on navigable waters is a vessel, and therefore the jurisdiction of the admiralty excludes that of the State Industrial Commission. Reinhardt v. Newport Flying Service Corp. …
Note And Comment, George E. Longstaff, George L. Clark, Edwin D. Dickinson
Note And Comment, George E. Longstaff, George L. Clark, Edwin D. Dickinson
Michigan Law Review
Constitutionality of the LA Follette Amendment to the Internal Revenue Law of 1921 - The United States Senate on November 5, 1921, inserted in the Revenue Act, then before the Senate, a provision that taxpayers in their income tax returns must specify what state and municipal bonds they hold, or else be subject to a penalty of five per cent. That provision was dropped out in conference, but it will come up again, and it is well to look at its constitutionality under the Fourth Amendment to the Constitution prohibiting unreasonable searches.
Emotional Disturbance As Legal Damage, Herbert F. Goodrich
Emotional Disturbance As Legal Damage, Herbert F. Goodrich
Michigan Law Review
Mental pain or anxiety the law cannot value, and does not pretend to redress, when the unlawful act complained of causes that alone." Lord Wensleydale's famous dictum in Lynch v. Knight1 will serve as a starting point for this discussion. His lordship's notion of mental pain is evidently that of a "state of mind" or feeling, hidden in the inner consciousness of the individual; an intangible, evanescent something too elusive for the hardheaded workaday common law to handle. Likewise, in that very interesting problem regarding recovery for damages sustained through fright, it is always assumed, tacitly or expressly, that mere …
Methods For Relieving Courts Of Last Resort From The Growing Burden Of Appeals, Edson R. Sunderland
Methods For Relieving Courts Of Last Resort From The Growing Burden Of Appeals, Edson R. Sunderland
Articles
"At the last meeting of the Michigan State Bar Association, held in Detroit in June, 1920, the question of employing an intermediate appellate court in this state, as a means for relieving the Supreme Court and expediting the disposal of appeals, was discussed at some length, and it was thereupon moved and carried that the whole subject be referred to the Committee on Legislation and Law Reform to be investigated, and that the Committee report upon the matter at the next meeting of the Association."
Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell
Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell
Michigan Law Review
Cases Arising under the Constitution or Laws of the United States. The question whether a case presents a "federal question," so called, is raised in a number of the controversies in which the asserted federal question was considered and answered. Only a few of these instances need special mention. In Hartford Life Ins. Co. v. Blincoe,3 after reversal by the Supreme Court of a state judgment against a defendant, a second judgment was rendered by the state court on different grounds. These included holding an assessment on an insurance policy to be void for the inclusion of a state tax …
Book Reviews, Edgar N. Durfee, Edwin D. Dickinson, Burke Shartel, Leonard D. White, Evans Holbrook, C E. Griffin, Ding Sai Chen
Book Reviews, Edgar N. Durfee, Edwin D. Dickinson, Burke Shartel, Leonard D. White, Evans Holbrook, C E. Griffin, Ding Sai Chen
Michigan Law Review
Although the three lectures contained in this volume are propounded as a "trinity," the reader will not find in them that unity which is of the essence of a trinity, as distinguished from an aggregate of three. The author proposes a "triune division" of legal science, Past, Present and Future. But the first lecture deals with a particular phase of the past, the second with a remotely related phase of the present, and the last with a quite unrelated phase of the future, so that they have little in common, save the brilliance that sparkles through them all.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Carriers of Passengers - Duty to Stop at Station to Permit Passenger to Alight-Contributory Negligence of Passenger Plaintiff's intestate was riding in the front end of a crowded vestibule car in the coach next to the tender of the eengine. When the train stopped at his station he tried to leave by the front end, but found the door from the vestibule closed. As he did not know how to open it, or was unwilling to be carried by his station, he stepped from his platform to the bumper of the tender and tried to follow it to the side …
Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell
Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell
Michigan Law Review
While the Constitution does not in terms forbid the United States, as it forbids the states, to pass any law impairing the obligation of contracts, the principle has become established that contracts made by the United States may create rights of which individuals may not be divested. This principle is attached to the Fifth Amendment's prohibition against depriving any person of property without due process of law. In applying this principle, United States v. Northern Pacific Ry. Co.2 held that a grant of land to a railroad to induce its construction is a contract, and that provisions for substituting indemnity …
Requisitioned And The Government-Owned Ship, J. Whitla Stinson
Requisitioned And The Government-Owned Ship, J. Whitla Stinson
Michigan Law Review
Jurisdiction over requisitioned and government-owned merchantmen and their liabilities under maritime laws are questions which present no real novelty. They were regarded by the ancient sea-law and were as familiar to it as they have recently become,-on account of the exigencies of the late war, to the admiralty systems of to-day. The maritime law of Rome supplies modem cases with the most cogent parallels and is reflected today in the jurisprudence of France and other continental and Latin countries. The jurisdictional question which figures most prominently in these cases relates to the authority to arrest or libel the property of …
Note And Comment, William C. O'Keefe, Edson R. Sunderland, Grover C. Grismore
Note And Comment, William C. O'Keefe, Edson R. Sunderland, Grover C. Grismore
Michigan Law Review
Taxation - Internal Revenue Act - Under the federal Revenue Act of i921 the taxable profit or deductible loss on sales of stock, bonds and other property is the actual profit or loss, if the purchase was after February I, 1913. Act, § 2o2 (a). The tax payer (other than a corporation) may, however, at his option, pay a flat tax of 1232% on his profit, provided he has held the property more than two years, and provided further that he first deducts losses on other property, and provided further, that his total tax is at least 1232% of his …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession - What Acts of Strangers Constitute an Interruption - Claimant by adverse possession showed that he had fenced in the land in controversy, and had used it for pasturing cattle during a period sufficient to satisfy the Statute of Limitations. Defendant offered evidence to show that strangers had trapped upon this land during the greater part of this period, and that one party in particular had repeatedly set traps there over protests of the adverse claimant, and that no action had been successfully prosecuted against hi,-although adverse claimant had threatened to prosecute. It did not appear whether the …
Book Reviews, Edwin C. Goddard, Evans Holbrook, Ralph W. Aigler, Edwin D. Dickinson
Book Reviews, Edwin C. Goddard, Evans Holbrook, Ralph W. Aigler, Edwin D. Dickinson
Michigan Law Review
Books in general, law books in particular, are like people. Most of them are ordinary, some useful, some not, but if they had not appeared they would not have been greatly missed, having appeared they will live their few years and at least seem to be forgotten. A few are so outstanding that they make a strong impress on their time and live on beyond the period of a life. If not great they have great influence and make notable contributions. Among the notable books of our time in the field of property law may be mentioned Jarman on Wills …
Service As A Requirement Of Due Process In Actions In Personam, Charles Kellogg Burdick
Service As A Requirement Of Due Process In Actions In Personam, Charles Kellogg Burdick
Michigan Law Review
A prime requisite of due process is, of course, that the court shall have jurisdiction of the subject-matter. "To give such proceedings any validity, there must be a tribunal competent by its constitution-that is, by the law of its creation-to pass upon the subject-matter of the suit."' In proceedings in personam-proceedings to determine the personal liability of the defendant, no property being brought by the proceedings within the control of the court-the court must also have jurisdiction of the defendant. Attempts have repeatedly been made to take jurisdiction of nonresident defendants through service by publication or through personal service made …
Ex Post Facto In The Constitution, Oliver P. Field
Ex Post Facto In The Constitution, Oliver P. Field
Michigan Law Review
Any study of the ex post facto clauses of the Constitution NwYh icshtu ddyid onf ott hceo mexm epnocset fwaicthto ac lcaousnessid eorfa titohne oCfo nCstaitludteiro nv'. Bull2 would not conform to good practice. The text writers and the commentators uniformly begin their treatment of ex post facto laws by citing it as the leading case, and setting forth its doctrine. There is singular agreement as to the correctness of the holding of the case.3 The statement given by Cooley is typical: "At an early day it was settled by authoritative decision, in opposition to what might seem the more …
Basis Of Relief From Penalties And Forfeitures, Edgar N. Durfee
Basis Of Relief From Penalties And Forfeitures, Edgar N. Durfee
Articles
The equitable principle of relief from penalties and forfeitures is so far elementary as almost to defy analysis. Many, perhaps most, of the judicial explanations of the principle have based it upon interpretation or construction, appealing to the doctrine that equity regards intent rather than form. Yet a logical application of this doctrine would lead to results very different from those which have actually been arrived at in the decisions. Thus, a stipulation in a mortgage that the mortgagor waives his equity of redemption can hardly be interpreted as meaning that he does not waive it, yet all such stipulations …
Foreign Marriages And The Conflict Of Laws, Herbert F. Goodrich
Foreign Marriages And The Conflict Of Laws, Herbert F. Goodrich
Articles
With the purely local phases of the law governing the relation of husband and wife, Conflict of Laws has no concern. Nor do we deal with Public International Law problems, such as the question of expatriation by marriage. We are concerned with two questions: first, what law governs the creation of the marriage relation; and second, the recognition and protection to be given the relation and incidents arising therefrom, under the law of states other than that in which the relationship was created.