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Articles 3991 - 4020 of 4292
Full-Text Articles in Entire DC Network
Note And Comment, Edwin C. Goddard, John G. Cedergren, Henry C. Bogle, Henry Rottschaefer, Marcy K. Brown
Note And Comment, Edwin C. Goddard, John G. Cedergren, Henry C. Bogle, Henry Rottschaefer, Marcy K. Brown
Michigan Law Review
Limitation as to the Amount of Liability for Loss of Goods by Carriers - A carload of automobiles was shipped by express, under an express receipt limiting recovery to $50, unless a greater value was named and a greater carrying charge paid. The shipper knew of this stipulation, and deliberately chose the restricted liability so as -to secure the lower rate. On a suit for loss of the automobiles, recovery was limited to $5o. Geo. N. Pierce Co. v. Wells Fargo & Co., I89 Fed. 561, commented on in 10 MICH. L. RSv. 317. The United States Supreme Court has …
Book Reviews, Edwin C. Goddard, John R. Rood
Book Reviews, Edwin C. Goddard, John R. Rood
Michigan Law Review
A collection of book reviews by multiple authors.
Year Book Of Richard Ii, John M. Zane
Year Book Of Richard Ii, John M. Zane
Michigan Law Review
The Publication of a year book in this country is an event for our legal scholarship. The trustees of the Ames Foundation in a spirit that is Worthy of the great legal scholar in whose honor the foundation was instituted, have made the publication possible, but it is to be inferred from the Introduction by the Editor that the book was not prepared at their instance. He tells us that he has had, for correcting various inaccuracies, the assistance of certain members of the Harvard law faculty, but it is not to be supposed that they have given a critical …
Note And Comment, Henry M. Bates, Evans Holbrook, Will R. Roberts, Marcy K. Brown Jr, Allen M. Reed
Note And Comment, Henry M. Bates, Evans Holbrook, Will R. Roberts, Marcy K. Brown Jr, Allen M. Reed
Michigan Law Review
Legislative Power to Restrict Freedom of Labor Contracts -The struggle between the police power of the legislature and the nineteenth century idea of due process of law continues unremittingly. That increasing social necessities and a more comprehensive and perfect conception of justice have resulted in recent years in restricting the "due process" clauses in federal and state constitutions to their historically and logically more correct meaning and scope there can be no doubt. Scores, if not hundreds, of decisions by our courts and conspicuously those of the United States Supreme Court have shown complete recognition of the fact that the …
International Status Of The Grand Duchy Of Luxemburg And The Kingdom Of Belgium In Relation To The Present European War, Theodore P. Ion
International Status Of The Grand Duchy Of Luxemburg And The Kingdom Of Belgium In Relation To The Present European War, Theodore P. Ion
Michigan Law Review
The International status of the Grand Duchy of Luxemburg and J-of the Kingdom of Belgium, through whose territory the army of Kaiser William II marched, in order, to use the expression of Grotius, "to meet the enemy," has been, since the outbreak of the present European war, the crucial point of discussion between the diplomatists and publicists of the belligerents, each trying to impress upon the neutral public the justice of the cause of their country.
Note And Comment, Ralph W. Aigler, John R. Rood, Henry Rottschaefer, Allen M. Reed
Note And Comment, Ralph W. Aigler, John R. Rood, Henry Rottschaefer, Allen M. Reed
Michigan Law Review
Revocability of Licenses - The Rule of Wood v. Leadbitter - That a mere license purporting to create in the licensee a new right or privilege is revocable at law at the will of the licensor seems to have been definitely settled in England by Wood v. Leadbitter. It was there held that the plaintiff who had entered the close of the defendant's master after the purchase of a proper ticket could be -forcibly ousted, notice having been first given that he should leave. The only remedy open to the ousted ticket holder-in law at least-no excessive violence having been …
Some Needed Reforms In The Methods Of Selecting Juries, Willis B. Perkins
Some Needed Reforms In The Methods Of Selecting Juries, Willis B. Perkins
Michigan Law Review
For the purpose of comparison and in a measure as a justification for some of the conclusions reached, I will premise what I have to say by a general review of the practice of securing juries in England.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Early History Of Equity, W S. Holdsworth
Early History Of Equity, W S. Holdsworth
Michigan Law Review
Mr W. T. BARBOUR'S Essay on the History of Contract in early English Equity, which has been published this year in Oxford Studies in Social and Legal History, is one of the most, if not the most, valuable of the contributions to English Legal History which has yet appeared in that series. Mr. BARBOUR is to be congratulated on his first appearance in a field in which the harvest, though somewhat difficult to collect, is very abundant,-- in a field in which the labourers are all too few. I think too that the Essay is important not only because it …
Liability To Third Persons Of Associates In Defectively Incorporated Associations, Joseph L. Lewinsohn
Liability To Third Persons Of Associates In Defectively Incorporated Associations, Joseph L. Lewinsohn
Michigan Law Review
The principles underlying the obligations to third persons of the members of defectively incorporated associations, are few and not difficult of apprehension. Yet there is hardly a topic in the law of private corporations upon which the views of both courts and theoretical writers dre in more disagreement. This disagreement is concerned largely with three questions, namely: What is the basis and scope of the doctrine of de facto corporations? Are persons dealing with the associates on a corporate basis estopped to deny the corporate character of the association? Are the associates ipso facto liable as partners? Upon all of …
Note And Comment, Hollis Harshman
Note And Comment, Hollis Harshman
Michigan Law Review
Breach of Landlord's Covenant as Defense to Action for Rent - It is undoubtedly well settled that if the agreement to pay rent is dependent upon the performance by the landlord of some undertaking on his part, the failure by the landlord so to perform is a good defense to an action for the rent. It is equally well settled that if the agreements are independent such failure by the landlord is no defense. The difficulty arises in determining whether the agreements are dependent or independent. That question is one of construction, and it cannot be expected that all the …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Comparison Of Some Methods Of Conciliation And Arbitration Of Industrial Disputes, James H. Brewster
Comparison Of Some Methods Of Conciliation And Arbitration Of Industrial Disputes, James H. Brewster
Michigan Law Review
In these times when we see combinations of employers co-operating under trade agreements with combinations of employees to conduct immense industries, we are apt to forget the remarkable development of ideas concerning industrial economy that has occurred within a life-time. It was only eighty years ago that the merchants of Boston met to discountenance and check what were then" regarded as unlawful combinations of workmen formed to protest against the long work day, low wages, and oppressive rules of their masters. The sum of $20,0oo was raised at this meeting of merchants and ship owners to fight the movement for …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Note And Comment, Edson R. Sunderland, Roswell B. O'Hara, Arend V. Dubee, Hollis Harshman
Note And Comment, Edson R. Sunderland, Roswell B. O'Hara, Arend V. Dubee, Hollis Harshman
Michigan Law Review
The Proposed Michigan Judicature Act. The Michigan Legislature, at its last session, passed an act (No. 286, Public Acts of 1913) providing for the appointment of a Commission to revise and consolidate the laws of the State relating to procedure. The Governor appointed Alva M. Cummins, J. Clyde Watt, and Mark W. Stevens as members of this commission, and, the result of their labors has just appeared in the form of a proposed bill regulating the entire subject of procedure in all the courts of the State. The bill is a long one, embracing 565 printed pages, but it is …
New Interpretation Of The Sherman Act, Clarence E. Eldridge
New Interpretation Of The Sherman Act, Clarence E. Eldridge
Michigan Law Review
What has been said in the preceding part of this discussion addresses itself to the proposition that the SHERMAN Act does not mean what the District Court assumed it to mean. Naturally, such a negative discussion must be preliminary to a consideration of the more .comprehensive question "What does the SHERMAN ACT mean?" For, of course, even if the theory of the law upon which the District Court based its judgment was erroneous, still that fact would be of little or no practical importance if any tenable theory of the law were to justify the judgment.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
New Interpretation Of The Sherman Act, Clarence E. Eldridge
New Interpretation Of The Sherman Act, Clarence E. Eldridge
Michigan Law Review
Generally speaking, there never has been any serious disagreement as to the purpose of the SHERMAN ACT. Everyone -friends and foes, judges and economists, lawyers and laymen- admits that it was enacted with a view to foster competition, or, as Justice HARLAN put it in the Northern Securities case,' "to prescribe the rule of free competition."
New Probation Law Of Michigan, Charles B. Collingwood
New Probation Law Of Michigan, Charles B. Collingwood
Michigan Law Review
Nothing connected with the work of a circuit judge demands more thoughtful consideration or occasions him more anxiety than the punishment to be meted out to the men and women who have violated the laws of the state. In almost every other matter there is an opportunity for review by an appellate court. Where litigants differ widely from the decision of the circuit court it is altogether likely that there will be an appeal and the matter will be finally adjudicated by another court. But from the sentence given to one who has plead guilty, or has been found guilty …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Content Of Covenants In Leases, Harry A. Bigelow
Content Of Covenants In Leases, Harry A. Bigelow
Michigan Law Review
In determining what covenants in a lease will run so as to be enforceable by or against the assignee of the lessee or lessor, the formula that has been consecrated to this problem is that the covenant "must affect the nature, quality, or value of the thing demised or the mode of occupying it." This phrase which was used by Lord ELLENBOROUGH in Congleton v. Pattison is an expansion of the statement in Spencer's case that such a covenant must "touch or concern the thing demised." A second statement not so frequently quoted is that of that "if it be …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Note And Comment, Harry W. Lippincott, John S. Kelley Jr, George E. Kennedy, Louis R. Lackey
Note And Comment, Harry W. Lippincott, John S. Kelley Jr, George E. Kennedy, Louis R. Lackey
Michigan Law Review
Mutuality in Automobile Agency Contracts - Within the past few years several courts have had to pass upon and construe argreements between the manufacturers and the selling-agents of automoobiles, which have necessitated a thorough discussion of the principles of mutuality of obligation of contracts. The attempt to reach a correct solution has developed a vigorous difference of opinion on the subject in some recent cases which it may be of interest to discuss and compare.
Note And Comment, George E. Kennedy, Paul B. Barringer Jr, John S. Kelley Jr
Note And Comment, George E. Kennedy, Paul B. Barringer Jr, John S. Kelley Jr
Michigan Law Review
The Constitutionality of the Webb-Kenyon Act - In the constitutional history of the commerce clause, by virtue of which absolute control of interstate commerce was given to the Federal Government, there is no question which has caused so much difficulty and has resulted in so many unsatisfactory and contradictory. statements of the law as that problem arising through the attempts of many States effectively to enforce prohibition laws. The power over interstate commerce, delegated to the Federal Government, and the police power, reserved to the States, have not seriously conflicted except in this one instance. But the delegation of power …
Trusts Based On Oral Promises To Hold In Trust To Convey Or To Devise Made By Voluntary Grantees, George P. Costigan Jr
Trusts Based On Oral Promises To Hold In Trust To Convey Or To Devise Made By Voluntary Grantees, George P. Costigan Jr
Michigan Law Review
Where a grantor conveys without consideration other than the grantee's pronise to hold in trust for, or to reconvey or to devise to, the grantor. The situations heretofore considered have all dealt with conveyances on an oral trust for, or oral promise to convey or to devise to, some one other than the grantor. Is the case of a conveyance where the oral promise is for the benefit of the grantor essentially any different? A correct answer to that question necessitates a brief historical consideration of the origin of uses and trusts.
Marbury V Madison And The Doctrine Of Judical Review, Edward S. Corwin
Marbury V Madison And The Doctrine Of Judical Review, Edward S. Corwin
Michigan Law Review
What is the exact legal basis of the power of the Supreme Court to pass upon the constitutionality of acts of Congress? Recent literature on the subject reveals a considerable variety of opinion. There are radicals who hold that the power owes its existence to an act of sheer usurpation by the Supreme Court itself, in the decision of Marbury v. Madison. There are conservatives who point to clauses of the Constitution which, they assure us, specifically confer the power. There are legists who refuse to go back of Marbury v. Madison, content in the ratification which, they assert, subsequent …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Book Reviews, Victor H. Lane, George Sunderland, Hessel E. Yntema
Book Reviews, Victor H. Lane, George Sunderland, Hessel E. Yntema
Michigan Law Review
A collection of book reviews by multiple authors.
Trusts Based On Oral Promises To Hold In Trust To Convey Or To Devise Made By Voluntary Grantees, George P. Costigan Jr
Trusts Based On Oral Promises To Hold In Trust To Convey Or To Devise Made By Voluntary Grantees, George P. Costigan Jr
Michigan Law Review
Where a trust is claimed because a grantee has violated some oral promise in reliance upon which the conveyance to him was made, it is customary to say that he took upon an oral trust. That, however, is often not a correct statement of the situation unless an oral promise to convey or to devise to a third person, or to reconvey or to devise to the grantor, is necessarily to be deemed an oral promise to hold in trust. Many of the so-called oral-trust deed cases are really cases of contracts analogous to bailment contracts, made for the benefit …
Ontario Courts And Procedure, Herbert Harley
Ontario Courts And Procedure, Herbert Harley
Michigan Law Review
I cannot cover this part of the subject better than by quoting literally: "There are two classes of practitioners, barristers and solicitors. A lawyer must belong to one; most belong to both. The barrister alone can conduct a case at trial; the solicitor alone files pleadings."