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Articles 6301 - 6330 of 8523
Full-Text Articles in Entire DC Network
Constitutional Law - Original Jurisdiction Of United States Supreme Court - Availability As A Procedural Remedy To Avoid Multiple Taxation, Benjamin W. Franklin
Constitutional Law - Original Jurisdiction Of United States Supreme Court - Availability As A Procedural Remedy To Avoid Multiple Taxation, Benjamin W. Franklin
Michigan Law Review
The state of Massachusetts instituted an original proceeding against the state of Missouri and individual citizens of Missouri for leave to file a bill of complaint, alleging that M. B. Blake died domiciled in Massachusetts; that she had created three trusts of securities, reserving a power of revocation over two; that the securities were held in Missouri where the trustees resided; that both states had statutes subjecting to taxation property passing by deed, grant or gift, made or intended to take effect in possession or enjoyment after the donor's death; that the Massachusetts statute taxed intangible property only when owned …
Libel And Slander - Absolute Immunity Under Statute, Michigan Law Review
Libel And Slander - Absolute Immunity Under Statute, Michigan Law Review
Michigan Law Review
The Board of Regents of the Colored Agricultural and Normal University of Oklahoma, charged with the statutory duty of governing the university "in all its interests," directed the defendant, president of the university, to report to the board "any misconduct" or "any irregularity" on the part of any "teacher or employee of the University." At a regular session of the board the defendant made an oral statement to the board, imputing moral misconduct to the plaintiff, who was then employed as a matron at said university. Held, in making said statement the defendant was acting "in the proper discharge …
Libel And Slander - Privilege - Liability Of A Telegraph Company For Transmtiting A Libelous Message, Michigan Law Review
Libel And Slander - Privilege - Liability Of A Telegraph Company For Transmtiting A Libelous Message, Michigan Law Review
Michigan Law Review
Defendant telegraph company transmitted to ten officers of an international union a telegram from members of a local union. The contents related to labor affairs and were admittedly libelous per se as to the plaintiff, naming him as "responsible for the murder of our brother officer Borson." Held, verdict for plaintiff set aside and new trial ordered, because plaintiff has failed to justify recovery by furnishing evidence of actual malice or bad faith by the defendant. Klein v. Western Union Tel Co., 257 App. Div. 336, 13 N. Y. S. (2d) 441 (1939), appeal withdrawn, (N. Y. 1939) …
Negligence - Violation Of A Statute As Negligence Per Se -- Type Of Harm Prevented And Class Of Persons To Be Benefited, Michigan Law Review
Negligence - Violation Of A Statute As Negligence Per Se -- Type Of Harm Prevented And Class Of Persons To Be Benefited, Michigan Law Review
Michigan Law Review
Plaintiff's automobile was damaged when it collided with a horse belonging to the defendant. The animal's running at large upon the highway claimed to be in violation of a statute which required owners of stock and domestic animals to restrain and prevent such animals from running at large. Held, the purpose of the statute is to protect agricultural crops from the ravages of straying animals, and not to protect motorists on the highway; therefore, the plaintiff is not of the class of persons sought to be protected by the statute, nor his injuries of the type sought to be …
Torts - Duty - Liability Of Abutting Property Owner To One Who Falls On Ice, Robert A. Solomon
Torts - Duty - Liability Of Abutting Property Owner To One Who Falls On Ice, Robert A. Solomon
Michigan Law Review
After having made some purchases in defendant's store, plaintiff fell on the ice and snow covering the walk in front. Alleging that the defendant had negligently cleaned the walk by leaving ridges of snow which melted and froze, forming an uneven surface, the plaintiff and her husband brought actions against the defendant store owner to recover for the injuries sustained. The lower court directed a verdict for the defendant. Held, the plaintiff could not recover because the defendant did not owe a duty to her. Therrien v. First Nat. Stores, Inc., (R. I. 1939) 6 A. (2d) 731.
Subjective Judicial Review Of The Federal Communications Commission, Harry P. Warner
Subjective Judicial Review Of The Federal Communications Commission, Harry P. Warner
Michigan Law Review
The basis for judicial review of administrative agencies in one form or another is the Union Pacific rule, originally developed to govern the relationship between the courts and the Interstate Commerce Commission. Variations in the application of this judicial formula to different agencies have been shaped for the most part by the character of the governmental power exercised and the nature of the subject matter under review. For example, the judicial control exercised over taxing authorities is circumscribed by the sovereign demand for revenue essential to the maintenance of government. The scope of judicial review has been extended in deportation …
Constitutional Law - Delegation Of Legislative Power - Agricultural Marketing Agreement Act, Edward S. Biggar
Constitutional Law - Delegation Of Legislative Power - Agricultural Marketing Agreement Act, Edward S. Biggar
Michigan Law Review
The declared policy of the Agricultural Marketing Agreement Act of 1937 was to raise the purchasing power of agricultural commodities and, at the same time, to protect the interest of the consumer. The Secretary of Agriculture was empowered to issue orders which, in his belief, based upon a consideration of evidence introduced at a public hearing, would tend to effectuate this policy. Certain minimum requirements as to the provisions of the orders were imposed. For any order to be effective, it must have been approved by a proportion of the producers of the commodity concerned. Pursuant to the provisions of …
The "Minimum Standard" Of The Treatment Of Aliens, Edwin Borchard
The "Minimum Standard" Of The Treatment Of Aliens, Edwin Borchard
Michigan Law Review
During the meeting of the Committee of Experts for the Codification of International Law at Lima, Mr. Cruchaga Ossa of Chile contended that article 9 of the Montevideo Convention on the Rights and Duties of States made the equality of rights the maximum that could be claimed by any alien. He denied the existence of any "minimum standard" for the treatment of aliens; but remarked that even if there were one recognized in Europe the countries on this continent had in the first, second, fifth and seventh Inter-American Conferences committed themselves to the doctrine of absolute equality, which henceforth constituted …
Some Problems In The Enforcement Of The Antitrust Laws, Wendell Berge
Some Problems In The Enforcement Of The Antitrust Laws, Wendell Berge
Michigan Law Review
There has been much discussion through the years about the evils of monopoly, monopolistic practices, and unreasonable restraints of trade. We have always paid lip service to the ideal of free competition. But we have done little in this country to cope with these evils. We have done little to make our competitive ideal effective.
Woe Unto You Lawyers: A Review, Max Radin
Woe Unto You Lawyers: A Review, Max Radin
Michigan Law Review
The blurb on the cover twice calls this book a "lusty, gusty attack on The Law." No writer can be held responsible for the blurbs with which his book is commended to the public by those whose business it is to sell it. But many who read it--there will undoubtedly be many--will do so in the hope that it is precisely what the cover describes, since lusty, gusty attacks on anything make juicy reading and law and lawyers have been fair game almost ever since either word became a term of common speech. Professor Rodell's title is taken from the …
Contracts - Illegality - Collateral Agreements Under Home Owners' Loan Act, Roy L. Steinheimer
Contracts - Illegality - Collateral Agreements Under Home Owners' Loan Act, Roy L. Steinheimer
Michigan Law Review
In transactions under the Home Owners' Loan Act it is customary for the holder of the mortgage on the property on which a new loan is sought to agree with the H. O. L. C. to accept in full settlement of his claim bonds of the H. O. L. C. of a face value often times less than the amount of the obligation secured by the old mortgage. However, not infrequently the mortgagee also exacts from the home owner a collateral agreement under which the home owner gives him a new second mortgage on the property as security for an …
Labor Law - Collective Agreements- Validity After Change Of Union Affiliation By Employees, William F. Andersen
Labor Law - Collective Agreements- Validity After Change Of Union Affiliation By Employees, William F. Andersen
Michigan Law Review
Among the problems raised in magnified form by the AFL-CIO schism is the determination of rights and duties under a collective agreement when there is a change in affiliation of the members of the union which negotiated the agreement. Suppose that union A, as sole bargaining representative for the employees in the particular unit, has negotiated an agreement with the employer, that thereafter a majority of union A shift their allegiance to union B. Does the agreement continue to canter rights upon employees who have changed their affiliation? Upon the employees who have not changed their affiliation? This …
Taxation -- Insurance And Annuity Contracts Under The Federal Estate Tax -- Differentiation And Theories Of Taxation, Charles F. Dugan
Taxation -- Insurance And Annuity Contracts Under The Federal Estate Tax -- Differentiation And Theories Of Taxation, Charles F. Dugan
Michigan Law Review
In the taxpayer's quest for methods of avoidance of the federal estate tax, one field seems to have been generally overlooked; viz., annuity contracts that are so similar to insurance policies as to be treated like the latter for tax purposes, thus securing the benefit of the $40,000 exemption in section 302 (g). Various reasons might be suggested why this should be so, but the fact remains that there has been practically no discussion of the subject in legal publications and, until the recent case of Old Colony Trust Co. v. Commissioner of Internal Revenue, no litigation involving the …
Bills And Notes - Effect On Negotiability Of Provision For Confession Of Judgment, Michigan Law Review
Bills And Notes - Effect On Negotiability Of Provision For Confession Of Judgment, Michigan Law Review
Michigan Law Review
A note was made providing for eighteen monthly payments, and on default of any payment, the whole amount to become due; a clause was inserted in the note authorizing confession of judgment on the note in favor of the holder "at any time hereafter . . . for such amount as may appear to be unpaid thereon, together with costs and attorney's fees." Held, the provision for confession of judgment did not destroy the negotiability of the note, since it authorized confession of judgment only after default in one of the installments due. United States v. Nagorney, (D. …
Insurance - Legal Execution Of Insured As A Defense, G. Randall Price
Insurance - Legal Execution Of Insured As A Defense, G. Randall Price
Michigan Law Review
Insured was convicted of murder and legally executed by the state. Plaintiff is the beneficiary of his life insurance policy. Held, no recovery on the ground that the risk of legal execution was impliedly excepted in the policy as a matter of law. Southern Life & Health Ins. Co. v. Whitfield, (Ala. 1939) 190 So. 276.
Libel And Slander - Limitation Of Actions -Tolling The Bar Of Statute Of Limitations By Subsequent Sale Of The Libellous Matter, John H. Pickering
Libel And Slander - Limitation Of Actions -Tolling The Bar Of Statute Of Limitations By Subsequent Sale Of The Libellous Matter, John H. Pickering
Michigan Law Review
On April 25, 1938, plaintiff commenced suit for libel. Nine separate causes of action were set up by alleging nine different publications in successive issues of Liberty Magazine. The first publication was alleged to have occurred on or about April 17, 1937, the second on or about April 24, 1937, and the third on or about May 1, 1937. Defendant showed by affidavit that the issues were placed on sale ten days before the date printed on the cover so that the first issue was on sale by April 7, 1937, the second on April 14, 1937 and the third …
Libel And Slander - Privileged Reports Of Public Proceedings - Confession To Prosecuting Attorney Implicating Plaintiff, James D. Ritchie
Libel And Slander - Privileged Reports Of Public Proceedings - Confession To Prosecuting Attorney Implicating Plaintiff, James D. Ritchie
Michigan Law Review
Defendant published in its newspaper the contents of confessions made to a prosecuting attorney by third parties, implicating plaintiff in crimes for which he had been indicted but the commission of which he denied. In an action for damages for libel, held, that the taking of the confession was neither a judicial proceeding nor an official proceeding authorized by law, and therefore its publication was not privileged. Caller Times Publishing Co. v. Chandler, (Tex. 1939) 130 S. W. (2d) 853.
Public Officers - Tort Liability For Acts Of Nonfeasance And Misfeasance, Michigan Law Review
Public Officers - Tort Liability For Acts Of Nonfeasance And Misfeasance, Michigan Law Review
Michigan Law Review
Deceased was killed in a boxing match, death being largely the result of aggravated pneumonia, which had been contracted unknowingly two days before the bout. The alien father of the young boxer sought damages, for his son's wrongful death, from one member of the state athletic commission and its chief inspector. The theory of plaintiff's claim was that the officers were individually liable because of breach of their common-law and statutory duties to see that the boxer was given a proper physical examination before the fight. Held, on granting defendant's motion to dismiss, that the law imposed no duty …
Torts - Evidence - Res Ipsa Loquitur Doctrine - Application In Pennsylvania, Robert A. Solomon
Torts - Evidence - Res Ipsa Loquitur Doctrine - Application In Pennsylvania, Robert A. Solomon
Michigan Law Review
The plaintiff sued defendant power company for damages resulting from the destruction of his building by fire. The electricity furnished by defendant, after being reduced by a transformer, passed from its main line through an auxiliary line to a point a few inches from plaintiff's building where it was connected with the wiring system of the building which had been installed, and at the time of the accident was controlled, by plaintiff. Failing to show by direct proof that the transformer was defective and the proximate cause of the loss, plaintiff's claim for negligent destruction of his building was predicated …
Torts - Injuries Following Mental Disturbance - Collection Letters, Michigan Law Review
Torts - Injuries Following Mental Disturbance - Collection Letters, Michigan Law Review
Michigan Law Review
To collect a lawful debt of $61.80, defendant collecting agent wrote plaintiff three letters threatening to sue and to report plaintiff's poor pay record to the members of defendant association if payment was not promptly made. Plaintiff alleged that he was just recovering from a serious illness and that the defendant was aware of the plaintiff's weakened condition; that the defendant sent the letters intending to cause the plaintiff mental and physical injury, for the purpose of collecting the bill, and that the plaintiff did suffer a relapse as well as mental agony. The trial court sustained the defendant's demurrer. …
Book Notes, Michigan Law Review
Book Notes, Michigan Law Review
Michigan Law Review
This department undertakes to list and, when possible, describe briefly current books on law and matters closely related thereto.
Inconsistencies In Public Utility Depreciation: Deduction Of Depreciation For Rate Base Purposes, Robert D. Haun
Inconsistencies In Public Utility Depreciation: Deduction Of Depreciation For Rate Base Purposes, Robert D. Haun
Michigan Law Review
When considering depreciation for rate base purposes the courts and the commissions speak of accrued depreciation, existing depreciation, actual depreciation, complete depreciation, realized depreciation, incomplete depreciation, and observed depreciation. Accrued, existing and actual depreciation all have the same meaning.
Public Utilities - Consumers' Actions To Enforce Performance Of Public Duties, Edmund R. Blaske
Public Utilities - Consumers' Actions To Enforce Performance Of Public Duties, Edmund R. Blaske
Michigan Law Review
The petitioner, suing on behalf of himself and ten thousand other consumers, sought to compel the defendant gas company to furnish gas in accordance with the terms of a rate ordinance. The defendant challenged the petitioner's right to sue, on the ground that statutes had conferred this right upon the city solicitor. Held, the statutes were not intended to abrogate a consumer's common-law right to compel a utility company to perform its public duty. Maxwell v. Ohio Fuel Gas Co., 61 Ohio App. 394, 22 N. E. (2d) 639 (1939).
Monthly Periodical Index, Michigan Law Review
Monthly Periodical Index, Michigan Law Review
Michigan Law Review
This department lists the articles and comments which appear in twenty-five leading law reviews.
Torts - Landlord And Tenant - Liability Of Landlord To Invitee Of Tenant, Michigan Law Review
Torts - Landlord And Tenant - Liability Of Landlord To Invitee Of Tenant, Michigan Law Review
Michigan Law Review
Plaintiff was a customer of a beauty shop; upon leaving the ladies' room connected with the shop, she fell at the entrance. The floor of the ladies' room was some seven inches higher than the floor of the shop, the door extending down to the level of the shop floor. This structural defect existed at the time of the lease, and there was no covenant to repair. Plaintiff sues defendant landlord, basing her claim in nuisance. Held, defendant landlord may be liable on negligence principles, since where a landlord leases premises on which he knows or should know that …
Monthly Periodical Index, Michigan Law Review
Monthly Periodical Index, Michigan Law Review
Michigan Law Review
This department lists the articles and comments which appear in twenty-five leading law reviews.
Eminent Domain - Covenants - Violation Of Building Restrictions By Exercise Of Public Authority - Necessity For Compensation, Edmund R. Blaske
Eminent Domain - Covenants - Violation Of Building Restrictions By Exercise Of Public Authority - Necessity For Compensation, Edmund R. Blaske
Michigan Law Review
It is the purpose of this comment to examine the contract and the property theories of restrictive covenants; and to suggest other possible grounds upon which to decide whether or not a public agency should compensate owners in the subdivision for interference with their restrictive covenants.
Circuit Courts And The Nisi Prius System: The Making Of An Appellate Court, William Wirt Blume
Circuit Courts And The Nisi Prius System: The Making Of An Appellate Court, William Wirt Blume
Michigan Law Review
Judicial systems organized under the influence of the English tradition have exhibited a tendency to pass through four stages of development. (1) In the first stage the highest court (not taking into consideration legislative bodies) has final appellate jurisdiction and a superior original jurisdiction, civil and criminal. The court is composed of three or more judges who sit in bank for the trial of cases. The judges may sit at a central place or go on circuit throughout the territory. (2) In the second stage the highest court has both original and appellate jurisdiction but does not undertake to try …
Evidence - Constitutional Law - Use Of Statutory Presumptions In Criminal Cases, Edward M. Watson
Evidence - Constitutional Law - Use Of Statutory Presumptions In Criminal Cases, Edward M. Watson
Michigan Law Review
The recent efforts on the part of state legislatures to increase the effectiveness of their criminal codes has resulted in extending the use of the statutory presumption to new fields of criminal law. The reaction which necessarily follows such an innovation upon traditional practice has appeared in the form of renewed attacks upon the constitutionality of the device, accompanied by the usual expressions of alarm concerning the "threat to liberty" that lurks in the use of this "mechanistic" instrument of "arbitrary oppression."
Automobiles - Guest Passengers - Gross Negligence, John L. Rubsam
Automobiles - Guest Passengers - Gross Negligence, John L. Rubsam
Michigan Law Review
Defendant was the owner of a vehicle which was being driven by his servant and agent, a joint defendant. Plaintiff's status was that of a non-paying guest. Plaintiff brings an action in tort, alleging "gross negligence" in the operation of an automobile on a public highway in the state of Florida. Defendants pleaded and proved a "Guest Act" of the state of Florida. The action was brought in the state of New Jersey and the sole question on appeal is the propriety of the submission to the jury of the issue of gross negligence. Held, "gross negligence" is a …