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Articles 14131 - 14160 of 14224
Full-Text Articles in Entire DC Network
Surgical Operation On Minor Without Consent Of Parent, Harry B. Hutchins
Surgical Operation On Minor Without Consent Of Parent, Harry B. Hutchins
Articles
The case of Bakker v. Welsh et al., Io8 N. W. Rep. 94, recently decided by the Supreme Court of Michigan, is of interest, as it involves a question of special importance to the surgical practitioner and one upon which there seems to be a great dearth of authority.
The Compensation Of Medical Witnesses, Harry B. Hutchins
The Compensation Of Medical Witnesses, Harry B. Hutchins
Articles
The power to compel testimony is inherent in every court, for without it justice could constantly be thwarted. Generally all persons may be compelled to give evidence that is relevant to the matter in controversy. If, therefore, a person who has been duly summoned as a witness at a particular trial absents himself therefrom, without just cause, or attending, refuses to give evidence or to answer questions when directed so to do by the court, he is liable to punishment for contempt.1 But there are limitations upon the general rule, some based upon principles of legal policy and some upon …
Practice Work And Elective Studies In Law Schools, James Parker Hall
Practice Work And Elective Studies In Law Schools, James Parker Hall
Articles
No abstract provided.
Constitutional Limitations On Primary Election Legislation, Floyd R. Mechem
Constitutional Limitations On Primary Election Legislation, Floyd R. Mechem
Articles
No abstract provided.
Nature And Extent Of An Agents Authority, Floyd R. Mechem
Nature And Extent Of An Agents Authority, Floyd R. Mechem
Articles
No abstract provided.
Freedom Of Contract, Jerome C. Knowlton
Freedom Of Contract, Jerome C. Knowlton
Articles
The liberty mentioned in the Fourteenth Amendment of the Federal Constitution "means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways; to live and work where he will; to earn his livelihood by any lawful calling; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper, necessary …
Freedom Of Contract, Jerome C. Knowlton
Freedom Of Contract, Jerome C. Knowlton
Articles
The liberty mentioned in the Fourteenth Amendment of the Federal Constitution "means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways; to live and work where he will; to earn his livelihood by any lawful calling; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper, necessary …
The Power Of The Senate To Amend A Treaty, Bradley M. Thompson
The Power Of The Senate To Amend A Treaty, Bradley M. Thompson
Articles
The recent refusal of the Senate to ratify eight general arbitration treaties which the President had concluded with Austria-Hungary, Switzerland, Great Britain, France, Portugal, Germany, Mexico,' and Norway and Sweden, until, against the protest of the President, it had modified them materially by amendment, has called public attention to the treaty-making power, and has raised the question as to whether or not any of that power is vested in the Senate.
The Liability Of Water Companies For Fire Losses, Edson R. Sunderland
The Liability Of Water Companies For Fire Losses, Edson R. Sunderland
Articles
It is a general principle, of very wide application, that a municipal corporation, in the absence of a statute, is not obliged to undertake the execution of governmental functions respecting the health, peace or property of its citizens. Nor is such corporation liable for the insufficient or negligent execution of such functions in case it undertakes to perform them. The ground of this exemption is that the municipality, in these matters, exercises discretionary powers conferred upon it by the state, and acts, not for itself in its corporate capacity, but for the general public as an agent of the central …
The Power Of The Senate To Amend A Treaty, Bradley M. Thompson
The Power Of The Senate To Amend A Treaty, Bradley M. Thompson
Articles
The recent refusal of the Senate to ratify eight general arbitration treaties which the President had concluded with Austria-Hungary, Switzerland, Great Britain, France, Portugal, Germany, Mexico, and Norway and Sweden, until, against the protest of the President, it had modified them materially by amendment, has called public attention to the treaty-making power, and has raised the question as to whether or not any of that power is vested in the Senate.
Statute Of Uses And The Modern Deed, John R. Rood
Statute Of Uses And The Modern Deed, John R. Rood
Articles
To what extent does the modem conveyance of estates in land in the United States by deed derive its validity from the English Statute of Uses, 27 Hen. 8, c. IO? No doubt the student, and especially the teacher, is inclined to magnify the importance of mere matters of history, because it is so much easier to understand or explain many of the terms and doctrines of real property law by approaching them historically, and, indeed, many of them cannot otherwise be understood at all. And yet we all have this constant, serious, and often difficult task, of separating matter …
Federal License Or National Incorporation, Horace Lafayette Wilgus
Federal License Or National Incorporation, Horace Lafayette Wilgus
Articles
The message of President Roosevelt and the Report of Mr. Garfield as Commissioner of Corporations, if we are not mistaken, have done, or will do, more than all the discussion of the past several years to clear the vision of the people as to what is necessary and possible to do in the way of meeting and overcoming our industrial and commercial corporation difficulties.
Exit Of Doctrine Of Situs, John R. Rood
Exit Of Doctrine Of Situs, John R. Rood
Articles
A decision rendered by the Supreme Court of the United States on the 8th day of last May seems to mark the elimination of the doctrine of situs as a jurisdictional question in garnishment and attachment proceedings in the United States. Justices Harlan and Day dissented, and yet there is little danger that the question will again be opened; and in view of the conclusion reached, all lovers of plain, simple justice will rejoice that at last that disturber of peace and worker of iniquity in the commercial world has been deprived of its power to make the honest debtor …
Exit Of Doctrine Of Situs, John R. Rood
Exit Of Doctrine Of Situs, John R. Rood
Articles
A decision rendered by the Supreme Court of the United States on the 8th day of last May seems to mark the elimination of the doctrine of situs as a jurisdictional question in garnishment and attachment proceedings in the United States.
Need Of A National Incorporation Law, Horace Lafayette Wilgus
Need Of A National Incorporation Law, Horace Lafayette Wilgus
Articles
When the report of the Committee on Uniformity of legislation was submitted to the last American Bar Association, and consideration of the legal problems growing out of modem commercial combinations, was urged as a matter proper for discussion and action by that association, it was gravely argued by distinguished lawyers present that there was no legal problem to be solved. The Committee on Commercial Law, however, thought otherwise and said:- "The American people look to the American Bar for leadership on this question. Some one must lead. If not the lawyer, then it will be the demagogue."
Liability Of A Master To Third Persons For The Negligence Of A Stranger Assisting His Servant, Floyd R. Mechem
Liability Of A Master To Third Persons For The Negligence Of A Stranger Assisting His Servant, Floyd R. Mechem
Articles
No abstract provided.
Need Of A National Incorporation Law, Horace Lafayette Wilgus
Need Of A National Incorporation Law, Horace Lafayette Wilgus
Articles
When the report of the Committee on Uniformity of Iegislation was submitted to the last American Bar Association, and consideration of the legal problems growing out of modem commercial combinations, was urged as a matter proper for discussion and action by that association, it was gravely argued by distinguished lawyers present that there was no legal problem to be solved.
A Proposed National Incorporation Law, Horace Lafayette Wilgus
A Proposed National Incorporation Law, Horace Lafayette Wilgus
Articles
In an article in the February number of this magazine' the writer discussed the nee& of a national incorporation law. The following is proposed as such; its object is to set forth what, perhaps, may be possible under such a law; what some will think necessary or desirable; what some will think unnecessary and undesirable; and what others will undoubtedly think is all wrong, if not vicious.
Some Legal Aspects Of Special Assessments, Frank L. Sage
Some Legal Aspects Of Special Assessments, Frank L. Sage
Articles
Taxes have been defined as "the enforced proportional contributions from persons and property levied by the state by virtue of its sovereignty for the support of the government and all public needs." The essential elements that we will notice particularly are two; first, that the contributions are proportional, that is, levied upon all in the same class according to some impartial standard, and second, that taxes can be levied for public purposes only.
A Proposed National Incorporation Law, Horace Lafayette Wilgus
A Proposed National Incorporation Law, Horace Lafayette Wilgus
Articles
In an article in the February number of this magazine1 the writer discussed the need of a national incorporation law. The following is proposed as such; its object is to set forth what, perhaps, may be possible under such a law; what some will think necessary or desirable; what some will think unnecessary and undesirable; and what others will undoubtedly think is all wrong, if not vicious. Whatever view is taken the writer's purpose will be accomplished if consideration and discussion of the proper details of such a law, are provoked. There are two classes who desire a national incorporation …
Some Legal Aspects Of Special Assessments, Frank L. Sage
Some Legal Aspects Of Special Assessments, Frank L. Sage
Articles
Taxes have been defined as "the enforced proportional contributions from persons and property levied by the state by virtue of its sovereignty for the support of the government and all public needs." The essential elements that we will notice particularly are two; first, that the contributions are proportional, that is, levied upon all in the same class according to some impartial standard, and second, that taxes can be levied for public purposes only.
Liability Of Railroad Companies For Medical Services Rendered To Injured Employees And Others, Harry B. Hutchins
Liability Of Railroad Companies For Medical Services Rendered To Injured Employees And Others, Harry B. Hutchins
Articles
Although it has been held that, by virtue of the relation between them, the employer is bound to furnish medical aid to his sick or injured employee,1 yet, at the present time, according to the general concensus of opinion, this is not the law.
Torrens Acts': Some Comparisons, James H. Brewster
Torrens Acts': Some Comparisons, James H. Brewster
Articles
The widespread discussion during the last ten years of the general scheme of registration of title to land, popularly known as the "Torrens System," has served to satisfy most disinterested lawyers and laymen of the general merits of the system. Consideration of the matter has been confined to no one section of the country, but has extended from Maine to California, and from Oregon to Texas. The result has been that laws embodying the general principles of the system have been enacted in six states, and proposed laws are before the legislatures of several others. The fact, however, that some …
Northwestern Railway Situation, Horace Lafayette Wilgus
Northwestern Railway Situation, Horace Lafayette Wilgus
Articles
What promises to be the most important corporate litigation that has or is likely to come before the Supreme Court for many years is involved in the various suits against the Northern Securities Company. To understand its full significance, it is desirable to recall something of the railroad history of the western states.
Foreign Voluntary Assignments For The Benefit Of Creditors, Edson R. Sunderland
Foreign Voluntary Assignments For The Benefit Of Creditors, Edson R. Sunderland
Articles
AlI laws concerning property rights are based upon the broad - doctrine that every person who owns property may dispose of the same as he sees fit. The right of disposal of property is inseparably united to the right of property itself, and indeed is an essential element of the concept of property. It might even serve as a definition of property, viewing property as that which one may dispose of,-a definition too general, it is true, for practical purposes, but undoubtedly a correct and valuable metaphysical theorem
The "Torrens Acts": Some Comparisons, James H. Brewster
The "Torrens Acts": Some Comparisons, James H. Brewster
Articles
The widespread discussion during the last ten years of the general scheme of registration of title to land, popularly known as the "Torrens System," has served to satisfy most disinterested lawyers and laymen of the general merits of the system. Consideration of the matter has been confined to no one section of the country, but has extended from Maine to California, and from Oregon to Texas. The result has been that laws embodying the general principles of the system have been enacted in six states, and proposed laws are before the legislatures of several others. The fact, however, that some …
Power To Appoint To Office--Its Location And Limits, Floyd R. Mechem
Power To Appoint To Office--Its Location And Limits, Floyd R. Mechem
Articles
At no other time in the judicial history of this country, if the evidence of the reported cases is to be relied upon, have there been so many and so bitter contests over all of the questions growing out of the title to public offices, as during the last ten or twelve years. This is undoubtedly largely accounted for by the fact that within that period a large number of the states have put in operation radically changed methods of conducting elections, based upon or practically incorporating what is popularly known as the Australian ballot system. In making these changes, …
Ratification By An Undisclosed Principal, Edwin C. Goddard
Ratification By An Undisclosed Principal, Edwin C. Goddard
Articles
Omnis ratihabitio retrotrahitur, et mandato priori aequiparatur. Every ratification relates back, and is equivalent to a prior authority, is the second great maxim of agency, and has been said to be as well established and as simple of application as the first and fundamental one, qui facit per alium, facit per se. It was as well recognized in the Roman law, as it is in the common law. Whether the maxim ratihabitio mandato comparatur of the Roman lawyers and the early English cases is identical in meaning with the dogma ratihabitio mandato acquiparatur of Lord Coke, and of all English …
The Law Library, Victor H. Lane
The Law Library, Victor H. Lane
Articles
It has been thought that a brief sketch of the library of the law department which should furnish information as to its present condition and of the more important of the incidents of its history would be of sufficient general interest to warrant its publication in the ALUMNUS, and I have been requested to prepare such an article.
Power To Appoint To Office--Its Location And Limits, Floyd R. Mechem
Power To Appoint To Office--Its Location And Limits, Floyd R. Mechem
Articles
At no other time in the judicial history of this country, if the evidence of the reported cases is to be relied upon, have there been so many and so bitter contests over all of the questions growing out of the title to public offices, as during the last ten or twelve years. This is undoubtedly largely accounted for by the fact that within that period a large number of the states have put in operation radically changed methods of conducting elections, based upon or practically incorporating what is popularly known as the Australian ballot system.