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Articles 3721 - 3750 of 4292
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The Effect Of Martial Law Upon The Soldier's Liability To The Citizen
The Effect Of Martial Law Upon The Soldier's Liability To The Citizen
Michigan Law Review
The recent case of Bishop v. Vandercook, 228 Mich. 299, raises a group of problems of grave importance, seldom discussed in the courts. Can martial law ever exist under our constitutional form of government, so that a soldier becomes privileged, for the time being, to invade the interests of private citizens in a way which the ordinary police powers would not warrant? When may such extraordinary law and extraordinary privilege exist? Is a soldier ever justified in acting under orders given by his superior under supposed martial law when martial law for some reason is not in force?
Redemption From Foreclosure Sale--The Uniform Mortgage Act, Edgar Noble Durfee, Delmar W. Doddridge
Redemption From Foreclosure Sale--The Uniform Mortgage Act, Edgar Noble Durfee, Delmar W. Doddridge
Michigan Law Review
If it be objected that our proposal is wholly novel and that it is the function of the Uniform Act merely to codify existing law, changing it only in so far as is necessary to remove conflicting rules, we would answer that codification in a strict sense is impossible in a field which presents so many conflicting views as that before us. We also believe that the objection is less forceful when the existing law is wholly statutory and half our states have no such law. And we understand that the commissioners have more and more abandoned the strict ideal …
Search Of Automobile Without Warrant--When Reasonable
Search Of Automobile Without Warrant--When Reasonable
Michigan Law Review
The enforcement of the National Prohibition Act has been responsible for raising the search and seizure question to a new height of importance. By Section 26 of that act, any officer discovering any person in the transportation of intoxicating liquors is to seize all such liquors being transported contrary to law. Obviously to secure a search warrant is impossible in the very nature of things the automobile, adapted to speed, is gone long before a warrant could be secured. And the employment of the automobile in the transportation of liquor is carried to such an extent that search and seizure …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Arbitration Under The Modern Statutes
Arbitration Under The Modern Statutes
Michigan Law Review
Of late years the way of the "fair and free trial in open court," to which every man is deemed to have an inalienable right, has become so long, devious, intricate and costly, that the law faces the danger of falling into general disrepute. The calendars of courts in most jurisdictions ·are crowded and filled for months and years in advance. the situation being most acute in the larger cities and commercial centers. the very places where delays are most undesirable. New York City serves as a horrible example-here an ordinary case generally takes three years to come to trial. …
The Reckoning Of Damages In Fluctuating Exchange, Joseph H. Drake
The Reckoning Of Damages In Fluctuating Exchange, Joseph H. Drake
Michigan Law Review
Not the least serious of the evil effects of the Great War has been the resultant collapse in value of the currencies of foreign countries and the consequent dislocation of exchanges. The case of Sirie v. Godfrey, decided in the Appellate Division of the Supreme Court of New York, presents clearly one of the legal problems arising out of this situation. Goods were bought by an American lady in Paris, in 1913 and 1914, at a cost of about 10,000 francs. These goods were delivered in due time but were not paid for. At the time the goods were …
Prohibition And The Doctrine Of The Weeks Case, Thomas E. Atkinson
Prohibition And The Doctrine Of The Weeks Case, Thomas E. Atkinson
Michigan Law Review
One of the most disputed present day questions is whether evidence obtained in violation of constitutional guarantees against unreasonable searches and seizures should be admissible. The case of Weeks v. United States is perhaps the leading authority upon the proposition that evidence procured by officers through unreasonable search is not admissible. The holding may be justified upon how theories, vis., (1) that the admission of the evidence substantially violates the rule against self-incrimination in the Fifth Amendment, (2) that the exclusion of the evidence is the only practical means of enforcing the guarantee against unreasonable searches and seizures.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
The Judicial Review Of Executive Acts, Albert Levitt
The Judicial Review Of Executive Acts, Albert Levitt
Michigan Law Review
The relation of the judiciary to the executive branch of the Government is a perplexing one. According to the Constitution, the government of the United States is threefold in character, legislative, executive and judicial. Each of these is supposed to be independent of the others. One cannot usurp the function of any one of the others. At the same time, this is a "Government of laws and not of men." It is equally true that this is a government of laws and not of political subdivisions or of the subdivisions of governmental mechanisms. Legislators, executives and judiciary must abide by …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Conflict Of Laws Rules As Constitutional Limitations
Conflict Of Laws Rules As Constitutional Limitations
Michigan Law Review
With the constant growth of the United States as a commercial nation, it has been inevitable that state lines should figure in business transactions to an ever diminishing extent. Business relations, keeping pace with the rapid development of modem means of transportation, have increasingly assumed an interstate aspect. With this extension of commercial dealings, the question of the legal rights of the parties so engaged has frequently arisen. Diversity of local rules of law has led to much litigation and disagreement. Differences in local rules might be overcome through the services of competent commercial lawyers, and contracts might then be …
The Income Tax Liability Of Dividends In Liquidation, Roswell F. Magill
The Income Tax Liability Of Dividends In Liquidation, Roswell F. Magill
Michigan Law Review
The development of a scheme at once equitable and constitutional for the taxation of corporate distributions has been one of the more difficult problems confronting Congress and the courts since the adoption of the income tax amendment. Doubtless the chief reason for this difficulty has been the fact that the income tax liability of a shareholder upon such a distribution "has not been determinable merely by ascertaining whether the amounts received are the variety of receipts commonly regarded by their recipients as income,- in a word, by determining whether they constitute a "gain" to the shareholder. Rather, it is a …
War Crimes, Elbridge Colby
War Crimes, Elbridge Colby
Michigan Law Review
Grant that as far as military jurisdictions are concerned, the superior order justifies the act of the subordinate. Yet is such a judgment valid outside of military circles? Grant that public armed troops and soldiers have generally been held exempt when acting under the orders of their sovereign, and are responsible only to their own government. Is this an absolute protection? Is it true that, by the authority vested in him, "the commanding general determines what measures are necessary unless restrained by the orders of his government, which alone is his superior." Are there no qualifications to the idea that …
Irresistible Impulse And Criminal Liability, John Barker Waite
Irresistible Impulse And Criminal Liability, John Barker Waite
Michigan Law Review
Do you believe in free-will, or mechanistic determinism, or fore-ordination, or fatalism? What do you mean by 'irresistible impulse'? What is the purpose of this prosecution against which you advocate, or deny, irresistible impulse as a defense; and just what do you mean by 'defense'? If, instead of one question, "is irresistible impulse a defense", we should ask these other questions of counsel, judge and medical expert, how often would their answers be in accord? Yet the one question can never be intelligently discussed in the absence of certainty and agreement as to the other premises. There are certain combinations …
The Effect Of An Offeror's Death Upon His Outstanding Offer, James Lewis Parks
The Effect Of An Offeror's Death Upon His Outstanding Offer, James Lewis Parks
Michigan Law Review
If A makes an offer to contract with B and dies before B accepts, it has generally been said that the offer is at an end, and that no contract can result, even though later B gives an acceptance without knowing of A's intervening death. To support this rule, it has been stated that a contract can not exist unless the minds of the parties have met, and as the offeror's mind has passed on with his decease, there can be no subsequent mutual assent. It has been convincingly shown that the reasoning of such a decision is unfortunate and …
War Crimes, Elbridge Colby
War Crimes, Elbridge Colby
Michigan Law Review
It is not necessary to enumerate exactly what may now be considered war crimes or violations of the laws of war. The list will change from time to time, by the addition of new offences and the omission of those now so considered. Most of the Hague Conventions and rules and regulations are sufficiently well furnished with the signatures of world wide plenipotentiaries and adequately ratified to insure of their being accepted as international law on the points covered. There are only a few exceptions. In general the precepts are valid. Indeed, most modern writers on international law, when they …
Elections-Improper Marking Of Ballots
Elections-Improper Marking Of Ballots
Michigan Law Review
The Australian ballot acts which have generally been adopted in this country were intended to bring about the twofold result of secrecy in voting and facility in the exercise of the franchise, and perhaps the most important provisions, having this object in view, are those regulating the marking of ballot papers by the voters. Unfortunately, however, the decisions on the question of what constitutes a valid voting mark are irreconcilably at variance. The conflict between decisions in different states might be explained by the fact that dissimilar statutes were being construed; but too often the courts have overruled their own …
Crimes-Arrest-Reasonable Cause To Believe
Crimes-Arrest-Reasonable Cause To Believe
Michigan Law Review
The admission of evidence was objected to, in a recent case, on the ground that it had been illegally secured. Officers had arrested the defendant without a warrant, on a charge of illegally transporting liquor. He was in fact guilty of the offense for which arrested, but contended that the evidence secured by the arrest could not be used. The circuit court of appeals phrased the issue thus : ''Was there probable cause for the officers to believe (that the felony was being committed), or were the facts sufficient to give rise merely to a suspicion thereof? If the former, …
Legislation And Judicial Decision, Rudolf Stammler
Legislation And Judicial Decision, Rudolf Stammler
Michigan Law Review
The discussions of the theme indicated by the title usually start from Montesquieu's theory of the three powers. This famous doctrine is developed in his work "De 1' esprit des lois" (1748) Bk. II, Ch. 6. This chapter is entitled "Of the English Constitution". It discusses however all states in general. In every state there are three sorts of powers, the legislative authority, the executive authority in matters dependent upon the law of nations, and the executive authority in everything dependent upon civil law. The last Montesquieu calls the judicial power, while the one mentioned in the second place is …
A Modern Instance Of Zenothemis V. Demon, John M. Zane
A Modern Instance Of Zenothemis V. Demon, John M. Zane
Michigan Law Review
That a specific rule in Greek law should be of value to the decision of a legal question arising among us would seem at first blush improbable. Both the historical and analytical jurists have insisted so strongly upon the causes which tend to make any system of positive law something peculiar in itself that they have obscured the fact that the rules of substantive law are quite likely to be the same for like circumstances among nations which have reached a comparatively high level of civilization. The now dominant school of juristic thought, which teaches what its foremost exponent has …
Constitutional Law-Restricting Liberty Without Due Process Of Law-Extorted Confessions
Constitutional Law-Restricting Liberty Without Due Process Of Law-Extorted Confessions
Michigan Law Review
Of recent years the administration of criminal justice has increased many-fold, owing to the constantly increasing size of our great cities and the period of growing social unrest in which we find ourselves. Public opinion has demanded a more effective mode of dealing with those who break the law with seeming impunity. In view of this attitude it is only natural that in a particularly baffling crime the police should seek to obtain some clue of the criminals by grilling suspects. This has resulted in many cases in acts which to say the least are over-zealous. In a recent case …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Conclusiveness Of The Federal Trade Commission's Findings As To Facts, Gregory Hankin
Conclusiveness Of The Federal Trade Commission's Findings As To Facts, Gregory Hankin
Michigan Law Review
The Federal Trade Commission Act and the Clayton Act provide that the Commission's findings as to facts, if supported by testimony, shall be conclusive. Now that the Commission has functioned for almost ten years and a considerable number of its findings have been reviewed by the courts, it is interesting to examine the effect of this statutory provision. In other words, are the findings of the Federal Trade Commission as to facts, if supported by testimony, actually conclusive on the courts when appeal is taken to the Circuit Court of Appeals? This we shall discuss apart from the question--"What, as …
The Rights Of The Landlord Upon Abandonment Of The Premises By The Tenant, Charles T. Mccormick
The Rights Of The Landlord Upon Abandonment Of The Premises By The Tenant, Charles T. Mccormick
Michigan Law Review
The situation which presents itself to the landowner when the tenant defaults in his rent and withdraws from the premises, if the condition has not been foreseen and adequately provided for in the lease contract, may give rise to some perplexities. In the absence of a contract or a statute entitling him to do so, the landlord has no power to terminate the lease for non-payment of rent ; frequently, however, there is a possibility that the defaulting tenant may be financially able to respond for the rent or for such loss as the landlord may sustain for the remainder …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.