Digital Commons Network^™

Presumptions, Victor H. Lane

Michigan Law Review

Persistent controversial discussions furnish evidence that there are still uncertainties as to some phases of the nature as well as the law of presumptions. We have recently come much nearer to a common understanding in this field, due to most careful and thoughtful discussions of this subject by such masters of it as Thayer and Wigmore and Chamberlayne. It is 'less with the hope of adding significantly new matter than with the belief that even that which smacks of reiteration may still assist in drawing attention which, once aroused, may ultimately dispel the fog, that this brief discussion of the …

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Crimes--Double Jeopardy--Identity Of Offenses

Michigan Law Review

The principle that no person shall be twice put in jeopardy for the same offense appears too clear and precise to afford much opportunity for litigation over its application. Judicial utterances and decisions belie the appearance, however. The difficulty is in determining identity of alleged offenses. The most frequently uttered test is that of Buller, J., in Rex v. Vandercomb, 2 Leach, C. C. 708, that, "unless the first indictment were such as the prisoner might have been convicted upon by proof of the facts contained in the second" indictment, an acquittal on the first indictment can be no …

Perpetuity Statutes, Edwin C. Goddard

Michigan Law Review

The common law of perpetuities is one of the most interesting examples of almost pure judicial legislation. De Donis, The Statutes of Uses and of Wills, but· gave wider scope to the development by the courts of rules of law to thwart the attempt of the great landowners to tie up their landed estates in their families in perpetuity. One body of rules to this end limited restraints upon alienation, another the creation of future interests vesting at too remote a period. Restriction of restraints upon alienation, and the rule against perpetuities, these two were developed for the same end, …

Shipping Act Of 1916: The Effect Of Section 15 On The Sherman Anti-Trust Law, Claude A. Thompson

Michigan Law Review

Does the approval of a conference agreement by the Shipping Board under section 15 of the Shipping Act of 1916 legalize an agreement, which, but for such approval, would be in violation of the Sherman Anti-Trust Law?

Public Utility Valuation

Michigan Law Review

It has been so often remarked that the "valuation" of public utilities is determined by no rule of thumb, that there are no fixed rules or formulas to guide courts or commissions, that determination of value as a rate base is matter of judgment and discretion in each case, Minnesota Rate Cases, 230 U. S. 352, 434, that the statement has come to be believed by reason in part of its much repetition. It is usually accepted as axiomatic. The glorious uncertainty resulting from such an admission will continue so long as judgments of one man or set of …

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

The Unrecognized Government Or State In English And American Law, Edwin D. Dickinson

Michigan Law Review

Two years ago an American citizen who had been a resident of Mexico for many years died intestate in Mexico City. The widow was appointed administratrix by one of the Mexican civil courts. Finding among the papers a number of notes executed by an American corporation payable to the deceased, the administratrix began an action in New York to have whatever was due upon the notes paid to the estate. The corporation's attorneys moved for judgment on the pleadings, contending that an administratrix appointed by a Mexican court can maintain no action in courts of the United States so long …

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.

Legislation In Vague Or General Terms, Ralph W. Aigler

Michigan Law Review

For some reason, probably in part the increasing complexity of our life and relationships, but more largely, perhaps, the growing tendency to regulate everybody and everything by positive law, the courts have been called upon with increasing frequency to pass upon the effectiveness of statutes and ordinances phrased in indefinite terms. In a very interesting and valuable paper, Professor Freund has pointed out the weakness and strength, on the one hand, of legislation in general terms, and on the other hand, legislation in which the rule of conduct is attempted to be laid down with precision. His interest apparently lay …

Fundamextal Tendencies In Modern Jurisprudence, Rudolph Stammler

Michigan Law Review

Empiricism is a variety of skepticism. Both refuse to consider the possibility of a fundamental ordering of the mental life. But they are differentiated one from the other in the manner of working out this refusal.

Foreign Marriages And The Conflict Of Laws, Herbert F. Goodrich

Michigan Law Review

It is common these days to speak of marriage as a contract. Not only do we use the term "marriage contract" as meaning a promise to marry in the future, but also to describe the contract or expression of consent by which the parties take each other for husband and wife. The statutes of many of our states declare marriage to be a "civil contract." A moment's thought will show great differences between marriage and the ordinary civil contract. A marriage contract can be contracted only between a man and a woman; it has no validity if one of the …

A Critique Of Methods For Alteration Of Women's Legal Status, Gladys Wells

Michigan Law Review

A case was appealed because all women electors were excluded from the jury. Held, the Nineteenth federal Amendment merely prohibits discrimination, leaving the states to confer the right of suffrage. Moreover, jury service is distinct therefrom; and the state constitution excludes women by providing for juries of twelve "men." If being an elector ipso facto entitled to jury service, the legislature could prescribe no other limitation. No question of violation of the Fourteenth Amendment can be raised since the accused does not belong to the excluded class.

Fundamental Tendencies In Modern Jurisprudence, Rudolf Stammler

Michigan Law Review

In his treatise on "CONTEMPORARY SOCIOLOGY" (1904) Ward has collected no less than twelve meanings of the term "Sociology." He could undoubtedly have found more meanings for this iridescent word; all of which shows that the term has no significance whatsoever as a uniform characterization of a definite field of human knowledge. However, there has been very noticeable, running through these different meanings, one definite tendency. It is characterized by its very great reliance upon the methods of natural science in dealing with the physical world, and by certain far-reaching "analogies," by which modem jurisprudence is to be guided …

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Rights Of Finders, Ralph W. Aigler

Michigan Law Review

Much of the confusion and uncertainty in the law regarding the topic indicated above is due to a failure to distinguish between several types of situations and to appreciate the applicability of certain fundamental principles. The words "lost" and "find" are used in such widely varying senses that the all too common method of reaching a conclusion by first applying a name to a thing or situation has 'in this particular field led to special difficulty.

Search And Seizure--Reasonableness

Michigan Law Review

Prohibition has rendered more than ever acute the problem of law .enforcement. Search for and seizure of contraband liquor as forfeited to the state is a very essential part of enforcement, and there is immediately raised the question: What constitutes a legal search and seizure?

The recent decision of the Michigan Supreme Court in People v. Case (Mich., 1922), 190 N. W. 289, may well serve as a starting point. There, officers without permission and without warrant entered defendant's automobile truck as it stood upon a public fair-ground, searched and found liquor therein, and arrested defendant when he appeared and …

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

The Supreme Court's Adjudication Of Constitutional Issues In 1921-1922, V, Thomas Reed Powell

Michigan Law Review

By the terms of Article III of the Constitution the federal judicial power extends to cases and controversies of various kinds, and it is established that no dispute, even though otherwise cognizable, can be brought before the federal courts unless they are technically a case or a controversy. In illustration of this, Fairchild v. Hughes held that a private citizen with no other interest at stake than his personal opposition to woman suffrage can not bring a bill to restrain the Secretary of State from issuing a proclamation declaring the ratification of the Nineteenth Amendment.

Landowner V. Intruder; Intruder V. Landowner. Basis Of Responsibility In Tort., Leon Green

Michigan Law Review

The struggle of the concept of moral blameworthiness to supplant the primitive notion that a person acts at his peril as a basis of responsibility in the field of tort touches every nook and cranny of the common law. The necessity of making use of the same procedure by which the older concept was developed has proved a great hindrance in the way of a quick and complete conquest by the notion of responsibility based upon fault. Negligence cannot yet claim a complete mastery over trespass in the field of unintended violent harms. Nevertheless, in so far as a change …

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Effect Of Improper Acts After A Lawful Arrest

Michigan Law Review

For our purpose we shall not consider the results which may follow an attempt to arrest, lawful or unlawful, where the party flees or resists; nor those following an illegal arrest which is effected without resistance. In the case of an attempt to arrest there is no end of possible situations and the rules of law are legion; an illegal arrest without resistance renders the officer liable only in damages for false imprisonment, McCullough v. Greenfield, 133 Mich. 463. While misunderstandings between the parties are less likely to occur, and the rights and duties of each are more easily …

An Inquiry Concerning The Functions Of Procedure In Legal Education, Edson R. Sunderland

Michigan Law Review

Procedure has always been the bête noire of the law school teacher. No other subject has developed such divergent opinions or such endless debates. None recurs with such periodic frequency and in no field of legal pedagogy has discussion seemed so barren of results. Three different general sessions of the Association of American Law Schools during the last ten years have been devoted largely or wholly to the subject of teaching procedure, and yet no substantial progress seems to have been made toward a standardized scheme of treatment. Individual teachers and schools have their individual views and policies, and they …

The Separation Of Powers, John A. Fairlie

Michigan Law Review

One of the characteristics of both national and state governments in the United States is the existence of three separate departments,--the legislative, executive, and judicial, each coordinate and in the main independent of the others. The Constitution of the United States establishes three such departments,--Congress with legislative power, the President with executive power, and the Supreme Court and other United States courts to be established by law, with judicial power. Each of the state constitutions also provides for three similar departments in the state government.

The Supreme Court's Adjudication Of Constitutional Issues In 1921-1922, Iv, Thomas Reed Powell

Michigan Law Review

That contracts between private parties cannot stand in the way of exercises of the police power for the promotion of health, morals and safety is firmly established. This principle was invoked against objection to rent regulation in decisions of the preceding term, and it is reiterated in Edgar A. Levy Leasing Co. v. Siegel. In one of the cases involved in this decision a tenant was relieved of a contract made after the statute was enacted, and the landlord here encountered the further doctrine that "of course, a lease made subsequent to the enactment of a statute cannot be …

Admission To The Bar--Educational Requirements

Michigan Law Review

The quotation following is a literal transcript from the stenographer's record of the cross-examination of a colored witness by a Greek attorney in a court of record in Michigan.

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.