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Articles 6361 - 6390 of 8523
Full-Text Articles in Entire DC Network
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.
Dean Bates And The Michigan Law School, Edwin C. Goddard
Dean Bates And The Michigan Law School, Edwin C. Goddard
Michigan Law Review
From its opening in October, 1859, the Law School of the University of Michigan has been fortunate in the continuity of the service of the members of its faculty. The original faculty consisted of that remarkable trio, James V. Campbell, Charles I. Walker and Thomas M. Cooley. Instruction was given by lecture, and almost continuously for twenty-five years those three continued to expound the principles of the law to the students who flocked to the school.
Henry Moore Bates, Harlan F. Stone
Henry Moore Bates, Harlan F. Stone
Michigan Law Review
The retirement of Dean Bates during the present year has brought to a close his active service of thirty-six years as a law teacher, and twenty-nine as Dean of the University of Michigan Law School.
A Generation Of Law Teaching, Roscoe Pound
A Generation Of Law Teaching, Roscoe Pound
Michigan Law Review
Thirty-six years ago (September, 1903) as Dean Bates was taking up law teaching as Tappan Professor of Law at Michigan, I was delivering an inaugural lecture as Dean of the Law School of the University of Nebraska. In this generation of law teaching we have seen the academic law school rise to a commanding position in professional education, the law teacher gain a position among the leaders of the profession, the growth of co-operation between bar associations and the association of law teachers, the development of co-operation between bar examiners and the law schools, and general adoption by the profession …
Retroactive Application Of Law-A Problem In Constitutional Law, Edward S. Stimson
Retroactive Application Of Law-A Problem In Constitutional Law, Edward S. Stimson
Michigan Law Review
May an overruling decision be applied to ascertain the legal effect of prior conduct? In cases arising under the diversity of citizenship jurisdiction, the United States Supreme Court has held that the federal courts should apply earlier state court decisions, and not a decision overruling them, whenever the retroactive application of the new rule would adversely affect a party who had changed his position in reliance on the decisions overruled. In the absence of such reliance and change of position it has sustained the retroactive application of a new rule. If the basis of the first principle is elemental fairness …
Public Utilities - Rate Regulation - Validity Of Temporary Rate Order, Thomas K. Fisher
Public Utilities - Rate Regulation - Validity Of Temporary Rate Order, Thomas K. Fisher
Michigan Law Review
Of interest to students of public utility rate regulation will be the case of Driscoll v. Edison Light & Power Co. in which the United States Supreme Court side-stepped a reconsideration of the fair value rule as announced in Smyth v. Ames, and a determination of the constitutionality of temporary rates based on the prudent investment theory.
Damages - Measure Of Damages For Personal Injury - Inability To Enjoy Life As An Element Of Damage, Robert M. Warren
Damages - Measure Of Damages For Personal Injury - Inability To Enjoy Life As An Element Of Damage, Robert M. Warren
Michigan Law Review
Plaintiff sustained injuries to his spine and nervous system when defendant's dam burst and caught the automobile, in which plaintiff was riding, in a surge of water. Held, an instruction was erroneous which included, as an element of damage, plaintiff's inability on account of his injuries, to enjoy life in the manner to which he was accustomed. Northern Indiana Public Service Co. v. Robinson, (Ind. App. 1939) 18 N. E. (2d) 933.
Habeas Corpus - Insane Persons - Torts - Civil Action For Obstruction Of Right To Test Legality Of Imprisonment, John P. Cofrin
Habeas Corpus - Insane Persons - Torts - Civil Action For Obstruction Of Right To Test Legality Of Imprisonment, John P. Cofrin
Michigan Law Review
Claimant had been adjudged insane and committed to a state hospital by order of the court. On March 6, 1936, he signed a petition for a writ of habeas corpus, placed it in an envelope addressed to his attorney and left it with an employee of the hospital to be mailed. In the past claimant had written many letters asking for assistance to men in public life, who in turn annoyed claimant's wife. The superintendent of the hospital, therefore, complying with the request of claimant's wife that all his letters be sent to her, mailed her the letter containing the …
Municipal Corporations - Liability For Negligence Outside The City Limits, S. R. Stroud
Municipal Corporations - Liability For Negligence Outside The City Limits, S. R. Stroud
Michigan Law Review
The defendant, the city of Green Bay, without charge maintained and operated a toboggan slide outside the city limits. While using the slide, plaintiff was injured due to the alleged negligence of the city in failing to remove a snowdrift at the bottom of the slide. It was admitted that plaintiff would have stated a good case of actionable negligence had the slide been operated by a private person. Defendant's demurrer was overruled by the trial court. Held, reversed with direction to enter an order sustaining the demurrer. Gegelski v. City of Green Bay, (Wis. 1939) 285 N. …
Libel And Slander - Defamation Of Attorney - Words Not Actionable Per Se, Roy L. Steinheimer Jr.
Libel And Slander - Defamation Of Attorney - Words Not Actionable Per Se, Roy L. Steinheimer Jr.
Michigan Law Review
The defendant, during the course of a public address, said of the plaintiff, an attorney: "They are throwing the bum out. The politicians . . . pick up a bum in a gin mill and send him over here to break up the audiences . . . . " Plaintiff alleges that, by innuendo, these words charge him with being a habitual drunkard, which constitutes slander per se because the words prejudiced him in his profession. Held, that the words were not actionable per se. Weidberg v. La Guardia, 170 Misc. 374, 10 N. Y. S. (2d) 445 …
Sales - Implied Warranty - Liability Of A Water Company, Edmund R. Blaske
Sales - Implied Warranty - Liability Of A Water Company, Edmund R. Blaske
Michigan Law Review
Defendant, a city engaged in supplying water to its inhabitants, was sued by plaintiff, a consumer, for injuries resulting from plaintiff's drinking of lead-poisoned water at a faucet in his home. The water, although pure at the meter, became poisoned when passing through a lead pipe inspected and approved by the water company but owned by the plaintiff. Plaintiff brought his action on two different theories: (1) on implied warranty; (2) in negligence. The trial court instructed the jury without exception or objection from defendant that they might find for plaintiff, under either of these theories. The defendant was successful …
Torts - Liability Of Landowner To Pedestrian For Acts Of Third Persons, John J. Adams
Torts - Liability Of Landowner To Pedestrian For Acts Of Third Persons, John J. Adams
Michigan Law Review
Children built a fire in the street outside defendant's premises after business hours. They went on defendant's premises and took gasoline which defendant had allowed to collect in a drip can under a spigot. When they threw the gas toward the fire it splashed on plaintiff, an infant standing nearby; his clothing caught fire when he tripped and fell toward the fire. There was evidence that defendant knew the children had been playing on his premises. Held, that plaintiff has failed to show that defendant was negligent in the conduct of his business, and that the doctrine of attractive …
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.
Constitutional Law - Fourteenth Amendment - Privileges And Immunities Clause - Civil Liberties - The Hague Case, John N. Seaman
Constitutional Law - Fourteenth Amendment - Privileges And Immunities Clause - Civil Liberties - The Hague Case, John N. Seaman
Michigan Law Review
The decisions of the United States Supreme Court in recent years, interpreting the first section of the Fourteenth Amendment, have manifested two striking changes in trend. The first is towards less judicial restraint on governmental regulation of business; that is, towards tolerance of diminished "business liberty." The other is towards greater judicial restraint on governmental interference with individual liberty, commonly called civil liberty. A recent case/ which upheld freedom of speech and assembly and invalidated a city ordinance requiring the obtaining of a permit as prerequisite to a public meeting, not only illustrates the latter of these trends, but is …
Labor Law - National Labor Relations Act - Employee Misconduct As Barring Relief, John C. Griffin
Labor Law - National Labor Relations Act - Employee Misconduct As Barring Relief, John C. Griffin
Michigan Law Review
The problem to be considered in this comment is the extent to which employees will, as a consequence of wrongful action on their part, be denied benefits secured to them by the National Labor Relations Act. Inherently, the discussion must also include the examination of another fundamental issue; viz., what is the proper relation between the National Labor Relations Board and the courts on this problem? The substantive question may arise either where the employer seeks to justify a discharge of the worker because of alleged misconduct, or where the misconduct is sought to be used as an estoppel against …
Constitutional Law - Power Of Legislative Investigating Committee To Supersede Grand Jury, D. M. Swope
Constitutional Law - Power Of Legislative Investigating Committee To Supersede Grand Jury, D. M. Swope
Michigan Law Review
The court of quarter sessions of Dauphin County ordered a grand jury investigation of alleged criminal misconduct by civil officers of the commonwealth. The governor then issued a call for a special session of the legislature. When this body had convened, seven members of the House of Representatives were appointed a committee to investigate the charges against those civil officers liable to impeachment. This committee sought a writ of prohibition to restrain the quarter sessions court from proceeding with the grand jury investigation, in pursuance of a statute enacted at the special session of the legislature giving the legislative investigating …
Constitutional Law - Taxation Of Salaries Of Judges Of The United States, Thomas K. Fisher
Constitutional Law - Taxation Of Salaries Of Judges Of The United States, Thomas K. Fisher
Michigan Law Review
The Revenue Act of 1932 provided that "In the case of Presidents of the United States and judges of courts' of the United States taking office after June 6, 1932, the compensation received as such shall be included in gross income; and all Acts fixing the compensation of such Presidents and judges are hereby amended accordingly." A United States circuit judge, appointed in 1933, was required to include in his tax return the amount of his salary, under the Revenue Act of 1936, which re-enacted the above provision. His claim for refund being rejected, the present suit was brought, and …
Constitutional Law - Validity Of Voting Machine In General Election - Constitutional Construction, Michigan Law Review
Constitutional Law - Validity Of Voting Machine In General Election - Constitutional Construction, Michigan Law Review
Michigan Law Review
Pursuant to statutory provisions the fiscal court of Jefferson County, Kentucky, appropriated $1,000 for renting voting machines to be used in the general election of 1938. The county on relation of its attorneys filed suit for a declaratory judgment on the constitutionality of the statute. The relators appealed from a judgment declaring the act valid. Held, the statute authorizing the use of voting machines in popular elections is a violation of section 147 of the Kentucky Constitution which provides for a "secret official ballot, furnished by public authority to the voters at the polls, and marked by each voter …
Constitutional Law - Mortgages - Moratoria On The Way Out?, Elbridge D. Phelps
Constitutional Law - Mortgages - Moratoria On The Way Out?, Elbridge D. Phelps
Michigan Law Review
As a general proposition, one might perhaps feel prone to quarrel with the statement that "history repeats itself," but there can be little doubt that it applies full well to legislation aimed at relieving hard-pressed debtors in times of financial crises. From our earliest American history, every economic "winter" has provoked a landslide of pro-debtor legislation. Nor have mortgage debtors been overlooked in this regard. The remedies suggested have been as varied and ingenious as human minds could concoct. A brief review of the past decisions indicates that when they could be said to impair the obligation of contract, such …
A Footnote On Dangerous Animals, Mary Coate Mcneely
A Footnote On Dangerous Animals, Mary Coate Mcneely
Michigan Law Review
Much has been said and written by courts and authors on different aspects of the question of liability for injuries by animals, but there remains the task of fitting all these pieces into a complete pattern. The general subject of liability of the possessor of harm-producing animals has been treated on two separate and independent theories: (1) trespass, for injuries by marauding cattle; (2) case, for harms caused by animals other than trespassing cattle. The explanation for the separation of these two bodies of law is in part historical, the possessor of straying cattle being historically so identified with them …
Wanted: A New Definition Of The Rate Base, Paul G. Kauper
Wanted: A New Definition Of The Rate Base, Paul G. Kauper
Michigan Law Review
Public utility problems today have a conspicuous place on the stage of national life. The New Deal's imposing yardstick: program and its policy of encouraging municipal ownership and operation of utility services by means of P.W.A. grants have focused attention chiefly on the issue of public versus private ownership. However, there are indications that a truce between the federal agencies and the private utilities is at hand and that, in consideration of the undertaking on the part of the private utilities to finance capital improvements and additions on a large scale and thereby contribute to general economic improvement, the New …
Securities Legislation - Act Of 1933 - Withdrawal Of Registration Statement, Fred C. Newman
Securities Legislation - Act Of 1933 - Withdrawal Of Registration Statement, Fred C. Newman
Michigan Law Review
The right to withdraw, a registration statement filed with the Securities and Exchange Commission was involved in a recent case. The plaintiff had filed a registration statement with the Securities and Exchange Commission. The statement became effective. Thereafter, the commission instituted proceedings under the stop order provision. There had been no sale of shares to which the registration statement related. After the hearings commenced, plaintiff petitioned the commission for permission to withdraw the registration statement. The commission denied the petition. Thereupon plaintiff filed a bill in equity, praying that the commission be required to permit plaintiff to withdraw its registration …
Trade Marks And Trade Names - Descriptive Terms - "Shredded Wheat'' Not Capable Of Exclusive Appropriation As Trade Name, Thomas K. Fisher
Trade Marks And Trade Names - Descriptive Terms - "Shredded Wheat'' Not Capable Of Exclusive Appropriation As Trade Name, Thomas K. Fisher
Michigan Law Review
In a recent case decided by the United States Supreme Court the following facts appeared. In 1893 a pillow-shaped shredded wheat biscuit was introduced into the highly competitive breakfast food market, and patent rights for the product and its manufacture were secured by the Shredded Wheat Company. Though the basic patent expired in 1912, more than seventeen million dollars were expended in popularizing this particular product. Plaintiff acquired the business and good will of the Shredded Wheat Company in 1930, and continued the extensive advertising of "Shredded Wheat" biscuit. The present suit was begun in 1932 by the National Biscuit …
Bills And Notes - Effect Of Statute Of Limitations On Demand Certificates Of Deposit And Certified Checks, Michigan Law Review
Bills And Notes - Effect Of Statute Of Limitations On Demand Certificates Of Deposit And Certified Checks, Michigan Law Review
Michigan Law Review
Plaintiff sued on a certificate of deposit and a certified check, the former being issued by the defendant bank in 1905 and the latter being certified in 1919. Both were negotiated in 1937 and presented for payment the next day. Defendant pleaded the ten year statute of limitations as a bar. Held, at common law the statute of limitations did not operate on demand certificates of deposit until demand had been made, and section 70 of the Negotiable Instrument Law does not alter this common-law requirement. This applies also to certified checks, for they are substantially the same as …
Garnishment - Full Faith And Credit - Nature Of Principal Judgment, John N. Seaman
Garnishment - Full Faith And Credit - Nature Of Principal Judgment, John N. Seaman
Michigan Law Review
Plaintiff, appellee, sued an Illinois insurance company for legal services, and on the same day sued out a writ of garnishment against a Michigan debtor of the insurance company. Two days later the insurance company was dissolved in Illinois under the provisions of the Illinois Insurance Code, and an Illinois liquidator was vested with title to all of the insurance company's property, wherever located. The liquidator intervened in this case, claiming prior title to the garnishment debt, by virtue of the Illinois statute and judicial proceedings. Held, the commencement of the garnishment suit gave plaintiff a lien on the …
Libel And Slander - Privilege Of "Fair And Accurate Report'' Of Judicial Proceedings-Non-Liability Of Vendor Of Newspaper, Ralph E. Helper
Libel And Slander - Privilege Of "Fair And Accurate Report'' Of Judicial Proceedings-Non-Liability Of Vendor Of Newspaper, Ralph E. Helper
Michigan Law Review
Defendant newspaper published a false account of plaintiff's testimony in a criminal trial. In an action for damages for libel against the newspaper and the local distributor of the papers who had no knowledge that libels were contained therein, held (1) privilege to report judicial proceedings applies only to a correct report, even though the inaccuracy be the result of an unintentional mistake; and ( 2) that the vendor is not liable in absence of knowledge that the newspaper contained libelous matter or knowledge of extraneous facts to put him on guard. Bowerman v. Detroit Free Press, 287 Mich. …
Libel And Slander - "Racketeers'' As Libel Per Se - Necessity For Proof Of Special Damages By Unincorporated Labor Union - Dictation As Publication, Michigan Law Review
Libel And Slander - "Racketeers'' As Libel Per Se - Necessity For Proof Of Special Damages By Unincorporated Labor Union - Dictation As Publication, Michigan Law Review
Michigan Law Review
The president of C Company dictated a letter addressed to an unincorporated labor union which contained the statement, "I am getting sick of the damn nonsensical business on the part of a bunch of racketeers." In a libel action against the president and C Company by the union, defendants' motion to dismiss was denied. Held, the word "racketeers" is libelous per se; the unincorporated association may sue without proving special damages, for words libelous per se; dictation to a stenographer was publication. Bradley v. Conners, 169 Misc. 442, 7 N. Y. S. (2d) 294 (1938).
Public Utilities - Rates - Constitutionality Of Statutes Prohibiting Minimum Or Service Charges, S. J. Schuman
Public Utilities - Rates - Constitutionality Of Statutes Prohibiting Minimum Or Service Charges, S. J. Schuman
Michigan Law Review
An Oklahoma statute required that the consumer should be charged only for the gas he used as registered on a meter. The inhabitants of a certain town supplied with gas by petitioner were predominantly small consumers so that on a straight-line meter rate they did not pay for the cost of service. An increase in the rate would not solve the difficulty. The company petitioned the commission for authority to impose either a service charge or a minimum charge. The commission denied the petition. Held, that as applied to this particular case, the statute was unconstitutional and the petition …
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.
Bankruptcy -Trustee's Liability - Effect Of Requirement Of Deposit In Designated Depositary On Trustee's Common Law Duty Of Due Care, Russel T. Walker
Bankruptcy -Trustee's Liability - Effect Of Requirement Of Deposit In Designated Depositary On Trustee's Common Law Duty Of Due Care, Russel T. Walker
Michigan Law Review
In a suit to charge a trustee in bankruptcy for the loss of funds of the bankrupt estate caused by insolvency of the depositary bank, the trustee contended that as he had fulfilled the requirement of section 61 of the Bankruptcy Act by depositing the funds of the estate in a "designated depositary," he could not be charged with liability for any loss occurring thereafter; he argued that section 61 repealed, by implication, the trustee's common-law duty of due care in the handling of estate funds after they were deposited in a "designated depositary." Held, the fact that the …