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Articles 3631 - 3660 of 4292
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Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Constitutional Law-Eminent Domain-Judcial Review By Certiorari
Constitutional Law-Eminent Domain-Judcial Review By Certiorari
Michigan Law Review
In a previous number of this volume the holding of the supreme court of Michigan was discussed wherein sections 1 and 2, article 13, of the constitution of 1908 were held to make necessity as well as compensation a judicial question in eminent domain cases. Accordingly, in that case, the court held that the feature of the statute (P. A. 1925, No. 352) authorizing the state highway commissioner to make a conclusive determination of necessity, without notice and hearing to the landowner, and without judicial review, was unconstitutional.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Power Of Agricultural Co-Operative Associations To Limit Production, Milton J. Keegan
Power Of Agricultural Co-Operative Associations To Limit Production, Milton J. Keegan
Michigan Law Review
Farmers within recent years have recognized the necessity of combining in larger and still larger numbers, and great cooperative farm organizations have been formed, some of them with sales reaching $100,000,000 each year. These organizations in 1923 did a combined business estimated at $2,200,000,000. "Giant marketing associations, covering whole states, and even groups of states, have been organized with startling rapidity in the great cotton and tobacco growing states." Co-operative marketing legislation has given these groups great and far reaching powers to attain the end of making agriculture more profitable and to secure better returns to the producers of farm …
Corporations-Right Of Majority To Amend Charter Under Reserved Right Of State
Corporations-Right Of Majority To Amend Charter Under Reserved Right Of State
Michigan Law Review
As everyone knows, the famous Dartmouth College case established, rightly or wrongly, that a corporate charter is a contract between the state and the corporation and the members of the corporation. Ever since that case the states have sought to avoid the resulting restrictions placed on the power to amend or repeal by the federal Constitution by expressly reserving the power at the time of incorporation.
Tort Liability Of A Landlord, Raymond Harrison Harkrider
Tort Liability Of A Landlord, Raymond Harrison Harkrider
Michigan Law Review
The discussion thus far has dealt with the tort liability of a landlord for failing to perform some duty owed by him to persons upon the demised premises. There remains to be considered the tort liability of a landlord who fails to perform some duty owed by him to persons not upon the demised premises. The majority of the people composing this class are users of property adjoining that of the landlord. The cases dealing with the landlord's duties to persons upon the demised premises should always be distinguished from those dealing with his duties to persons using adjoining property. …
The Doctrine Of "Hot Pursuit"--A New Application
The Doctrine Of "Hot Pursuit"--A New Application
Michigan Law Review
A recent decision of the United States District Court for the District of South Carolina involves a point apparently unique in the records of international law. The Vinces, a schooner of British registry, laden with a cargo of intoxicating liquors not under seal, was discovered by the United States Coast Guard cutter Mascoutin seven and one-half miles off the coast and within one hour's sailing distance from the United States headed in the direction of land. On being hailed by the Mascoutin, the Vinces turned about and headed for the high seas. The cutter followed in continuous chase and overtook …
Surgeon's Liability For Operation Without The Patient's Consent
Surgeon's Liability For Operation Without The Patient's Consent
Michigan Law Review
Under the maxim volenti non fit injuria, a surgeon may inflict upon the body of his patient what otherwise would amount to a technical battery. The consent of the patient justifies the application of force to his person. Zoterell v. Repp, 187 Mich. 319, 153 N.W. 692; Robinson v. Crotwell, 175 Ala. 194, 57 So. 23; King v. Carney, 85 Okla. 62, 204 Pac. 270; POLLOCK, TORTS, 159; BURDICK, LAW OF TORTS, 110; TORTS, RESTATEMENT No. 1, Sec. 66. A generally accepted limitation to this doctrine is that consent to the commission of an unlawful act …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
The Law Institute And The Teacher Of Law, Herbert F. Goodrich
The Law Institute And The Teacher Of Law, Herbert F. Goodrich
Michigan Law Review
The American Law Institute will soon be five years old. It is not necessary here to describe its aims and purposes; every law teacher knows of the state of our law that brought the Institute into being, and of the high hopes which are entertained of its influence and accomplishments. Beginnings have been made in Trusts and Property. Substantial progress has been shown in Agency, Contracts, Conflict of Laws, and Torts, as well as the code of criminal procedure. We have by this time an appreciable amount of the product of the body which is restating our law. How can …
The Case Of The S. S. "Lotus", George Wendell Berge
The Case Of The S. S. "Lotus", George Wendell Berge
Michigan Law Review
A momentous judgment was rendered by the Permanent Court of International Justice, sitting at the Hague, on September 7, 1927, in the Case of the S.S. Lotus. Interest in the case is especially manifest among students of international and maritime law, as well as others, because it is perhaps the first case to come before the Permanent Court in which the question for decision was a point of general international law. Thorough analysis and comment on the questions involved would fill a good-sized volume. Only a few observations can be made in this article on the merits of the …
Corporations-Debts In Excess Of Statuatory Limit
Corporations-Debts In Excess Of Statuatory Limit
Michigan Law Review
Business Corporations generally have the power to borrow money for the purpose of their ordinary business, and to give the customary evidence of the debt and security therefor. Such power can be limited only by statute or by the charter. Statutes frequently provide that corporations should not incur indebtedness in excess of some particular stated amount, usually a certain proportion of the capital stock. A recent Nebraska case allowed the lender full recovery from the guarantor of corporate notes given in exchange for a loan in excess of the statutory limit, holding that excessive indebtedness does not necessarily invalidate contract …
Constitutional Law-Methods Of Testing The Constitutionality Of Rate Status Involving Heavy Penalties
Constitutional Law-Methods Of Testing The Constitutionality Of Rate Status Involving Heavy Penalties
Michigan Law Review
Where a state statute prescribes maximum intrastate railroad rates and also attaches heavy penalties for violations of the statute by a railroad or its agents, and where a railroad thinks the rates are confiscatory and hence unconstitutional, it is faced with an apparent dilemma. Must it either submit to the supposed confiscatory rates or else run the chance of incurring heavy penalties in case the statute is held constitutional? Or, is there another alternative-a painless way of testing the validity of the rates?
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
The Influence Of Control In The Determination Of Partnership Liability, Scott Rowley
The Influence Of Control In The Determination Of Partnership Liability, Scott Rowley
Michigan Law Review
The influence of control in the determination of partnership liability raises many interesting questions. Particularly within the past decade or slightly more it has been considered by the courts, at times with considerable vigor and with little logic or historical background. A perusal of the texts on partnership discloses very little mention of control as a test of partnership. As a rule it has not earned a place in the indices. The digests are almost equally devoid of place for it. In the few older cases where it is considered at all, it is quite often treated as a poor …
The "Fence"
Michigan Law Review
Whenever crime is discussed, one's attention is invariably called to the person who actually commits crime, such as the bandit, the murderer, the automobile thief, etc.; and whenever the so-called crime wave gains such proportions as to arouse the public to a state of indignation, laws are passed and reforms instituted to make more certain the punishment of such criminals. Very often, however, one of the most vicious enemies of society is forgotten, because he practices his nefarious profession hidden from the eye of the public and under a cloak of respectability. I refer to the one who receives the …
Congress And The National Administration, John A. Farlie
Congress And The National Administration, John A. Farlie
Michigan Law Review
Under the Constitution of the United States, Congress is vested with legislative powers; and under the classical doctrine of the separation of powers, it is primarily a law-making organ. A recent writer on government has, however, analyzed its functions under seven heads, as follows: as a constituent assembly, a canvassing board and electoral college, an organ of public opinion, a board of directors, an organ of legislation, an executive council, and a high court of justice. In its capacity as board of directors, he also states that "the whole power of direction, supervision and control of administrative affairs is legally …
Telegraph, Telephone And Wireless-Tapping
Telegraph, Telephone And Wireless-Tapping
Michigan Law Review
A recent Federal case, Olmstead v. United States, suggests an interesting problem. Evidence obtained by Federal authorities, who tapped private telephone wires, was admitted in a criminal prosecution. It seems to be the general rule that fraudulently, wrongfully, or illegally procured evidence is admissible, if otherwise admissible. And certainly the courts have required telegraph companies to disclose messages to aid criminal prosecutions. Telegraph operators have been compelled to testify. And even where a state statute forbade disclosure of the message by the company, a subpoena duces tecum has compelled the production of a telegram to aid the courts. Testimony …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
The Institute's Restatement And The Michigan Law, Herbert F. Goodrich
The Institute's Restatement And The Michigan Law, Herbert F. Goodrich
Michigan Law Review
The task which the American Law Institute has undertaken is to make a statement of the common law, in its various branches. The end in view is not codification; indeed the idea is directly opposed to codification. It is hoped to have, when the work is completed, an accurate statement of existing common law, carefully and systematically made, from which local variations and peculiarities have been ironed out. It is hoped, in other words, to restore both accuracy and continuity to the pattern of the common law fabric as it is woven in our judicial mills.
Natural Law In American Constitutional Theory, Fowler Vincent Harper
Natural Law In American Constitutional Theory, Fowler Vincent Harper
Michigan Law Review
Natural law has had many meanings and diversified interpretations. Whether in the form of jus naturale, the law of nature, the law of reason, lex naturalis, lex aeterna, natural justice, or due process of law; natural law, in the broadest sense, has evolved as the needs of a particular civilization and the endeavors of its legal scholars have directed. It is significant, however, that as a philosophy of law, natural law continues to thrive, although the particular system which one community constructs may be abandoned by succeeding generations. Periods of growth in the law have been frequently accompanied …
Constitutional Law-Searches And Seisures-Distraction Between Searching A Building And An Automobile Without Warrant
Michigan Law Review
An officer observed the odor of boiling mash and fermentation issuing from the dwelling of the defendant. The officer, without warrant, entered the basement and there found the defendant operating two stills. Considerable whiskey was found stored within the room. Defendant was arrested and convicted. On appeal he contended that the search was unlawful. Held, the search without warrant was unreasonable and in violation of the Fourth Amendment to the Federal Constitution. Schroeder v. United States, 14 F. (2d) 500.
Public Utility Valuation For Rate Making Purposes
Public Utility Valuation For Rate Making Purposes
Michigan Law Review
Ever since Munn v. Illinois (1876) 94 U. S. 113, which first decided that the charges to be made for services rendered by public utilities were to be subject to governmental regulation, the courts have been confronted with a problem, so elusive and indefinite, that over five decades of litigation and wrangling have failed to provide a satisfactory solution. The so called "rule" of Smyth v. Ames (1898) 169 U. S. 466, specifying the elements to be considered in ascertaining the value of public utilities for the purpose of rate-making, has only served to submerge the problem further in its …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Constitutional Law-Regulation Of Resale Of Tickets Of Admission To Places Of Entertainment
Constitutional Law-Regulation Of Resale Of Tickets Of Admission To Places Of Entertainment
Michigan Law Review
An addition has been made to a series of cases indicating that the United States Supreme Court is turning away from a tendency to sustain state legislation, especially where the factual basis constituting the inducement of the enactment involves debatable factors. in a five to four decision that gives the unscrupulous ticket scalpers free rein to shear all the fleece from the theatre going lambs of greater New York, the Supreme Court has held to be in violation of the Fourteenth-Amendment a New York statute limiting the resale price of tickets of admission to places of entertainment to fifty cents …
The Rule, The Principle, The Standard In Fluctuating Exchange, Joseph H. Drake
The Rule, The Principle, The Standard In Fluctuating Exchange, Joseph H. Drake
Michigan Law Review
Three methods of solution of the problems of damages in fluctuating exchange have evolved out of the welter of conflicting decisions and the hubbub of contradictory discussions during the reconstruction period of the last decade. The use of the rule and of the principle have been advocated with much vigor and acumen, and there have been some suggestions that we might be driven to resort to an equitable standard as a means of solving the difficulties.