Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (7564)
- Constitutional Law (1304)
- State and Local Government Law (745)
- Supreme Court of the United States (707)
- Courts (658)
-
- Legislation (633)
- Legal History (583)
- Torts (577)
- Legal Writing and Research (563)
- Criminal Law (483)
- Contracts (479)
- Labor and Employment Law (448)
- Property Law and Real Estate (425)
- Civil Rights and Discrimination (405)
- Law and Society (384)
- Administrative Law (367)
- Estates and Trusts (364)
- Business Organizations Law (355)
- Evidence (340)
- Jurisdiction (309)
- Criminal Procedure (303)
- Securities Law (298)
- Comparative and Foreign Law (297)
- Commercial Law (296)
- Litigation (285)
- Law and Race (270)
- Antitrust and Trade Regulation (264)
- Fourteenth Amendment (263)
- Law and Economics (257)
- First Amendment (250)
- Keyword
-
- United States Supreme Court (350)
- History (208)
- Book reviews (201)
- Treatises (189)
- Publications (181)
-
- Constitution (156)
- Liability (156)
- Judicial review (140)
- Law reform (140)
- Negligence (137)
- Due process (136)
- Regulation (136)
- Michigan (128)
- Race and law (126)
- Fraud (120)
- Corporations (115)
- Lawyers (111)
- State courts (110)
- Federal courts (101)
- Fifth Amendment (98)
- New York (95)
- Racism (89)
- Women (81)
- Competition (80)
- Law professors (80)
- England (79)
- Federalism (78)
- Gender and law (77)
- Freedom of speech (76)
- Public policy (76)
- Publication Year
Articles 6421 - 6450 of 8523
Full-Text Articles in Entire DC Network
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.
Taxation - Income Tax - Deductions - Ordinary And Necessary Business Expenses - Commissions Paid To Senator For Securing Public Contracts, Ralph E. Helper
Taxation - Income Tax - Deductions - Ordinary And Necessary Business Expenses - Commissions Paid To Senator For Securing Public Contracts, Ralph E. Helper
Michigan Law Review
Taxpayer, a gravel company, employed as salesman a state senator, who obtained several contracts with the State Highway Commission of Louisiana. The Board, of Tax Appeals disallowed deductions for the commissions paid therefor, on the ground that the payments were for using personal influence with a governmental department, pursuant to a contract which is contrary to public policy. Held, in absence of evidence that the state senator agreed to or attempted to use any personal or political influence, the commissions paid to him are deductible business expenses. Alexandria Gravel Go., Inc. v. Commissioner of Internal Revenue, (C. C. …
Some Aspects Of Intangibles Taxation In Michigan, Robert S. Ford
Some Aspects Of Intangibles Taxation In Michigan, Robert S. Ford
Michigan Law Review
If any new form of taxation is adopted at the present session of the Michigan legislature, it is likely to be a low rate tax on intangible personal property. Several bills authorizing such a tax have been introduced at legislative sessions in the past, but public sentiment is probably more favorable now than at any other time. Just recently the Tax Study Commission, which was appointed last year by Governor Murphy, recommended that "appropriate legislation" be enacted for the imposition of a low rate tax on intangibles. It is the purpose in this article to analyze briefly some of the …
Zoning - Construction Of Ordinance Restricting District To Residences - Rooming House As Business, S. R. Stroud
Zoning - Construction Of Ordinance Restricting District To Residences - Rooming House As Business, S. R. Stroud
Michigan Law Review
Plaintiff purchased the property in question on January 26, 1934. The property was subject to restrictive covenants, running with the land until January 26, 1930, which prohibited use for "any trade or business whatsoever or any boarding house." On August 18, 1922, a temporary zoning ordinance of the city of Long Beach was adopted to retain the advantages secured by the restrictive covenants. This was followed by a permanent zoning ordinance on July 8, 1930. Under the permanent zoning ordinance the property in question was included in "Residence A" district which was restricted to "a one family detached house for …
Carriers - State Taxation Of Interstate Motor Carriers, Thomas K. Fisher
Carriers - State Taxation Of Interstate Motor Carriers, Thomas K. Fisher
Michigan Law Review
Appellant, an Ohio corporation, was engaged exclusively in interstate commerce as a common carrier of property for hire by motor vehicle. In 1937 the Georgia legislature passed a Maintenance Tax Act which provided, inter alia, for a tax, graduated according to manufacturer's rated capacity, on each motor common carrier for hire, and a tax, substantially smaller in the respective rated capacities, on each motor vehicle not used as a common carrier for hire. Appellant contested the validity of the tax on the grounds that it was repugnant to the commerce clause of the Constitution and that it violated the equal …
Municipal Corporations - Liability To Abutting Property Owner For Negligence In Spraying Trees On Highway, Arthur A. Greene Jr.
Municipal Corporations - Liability To Abutting Property Owner For Negligence In Spraying Trees On Highway, Arthur A. Greene Jr.
Michigan Law Review
The defendant, a municipal corporation, used a poison spray on the trees on the highway under the authority and express duty of certain statutes that declared browntail moths and other insects a nuisance. This was done in such a manner that a part of the spray fell on the abutting land of the plaintiff, and caused the death of her poultry. The plaintiff instituted this action, relying on two counts, one alleging negligence and the other alleging an unreasonable use of the highway. Held, that the plaintiff could not recover on the first count because the abatement of this …
Prohibition - Is The Writ Of Prohibition A Prerogative Writ?, Russel T. Walker
Prohibition - Is The Writ Of Prohibition A Prerogative Writ?, Russel T. Walker
Michigan Law Review
The writ of prohibition originally issued from the king's temporal courts to the ecclesiastical courts to prevent any usurpation of jurisdiction of the king's courts by the spiritual courts. Prohibition has been classed as one of the prerogative writs, that is, a writ issued by the extraordinary power of the sovereign to interfere with private rights in order to preserve the prerogatives and franchises of the state. The writ of prohibition differed historically from the other prerogative writs in that its issuance was not discretionary with the court, but rather it was held to issue as a matter of right …
The Legal Significance Of Labor Contracts Under The National Labor Relations Act, William Gorham Rice Jr.
The Legal Significance Of Labor Contracts Under The National Labor Relations Act, William Gorham Rice Jr.
Michigan Law Review
The National Labor Relations Act was passed, as it declares in its first section, to encourage "the practice and procedure of collective bargaining'' and to give workers freedom to designate "representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment"; and the last of the unfair labor practices named in section 8 is for an employer "to refuse to bargain collectively." Bargaining and negotiating, the National Labor Relations Board has repeatedly declared, must be done in good faith. Discussion is not true negotiation or bargaining. For the employer to bargain in good faith …
German Social Honor Courts, Harlow J. Heneman
German Social Honor Courts, Harlow J. Heneman
Michigan Law Review
Germany's National Socialist regime has prided itself on its ability to maintain peaceful employer-employee relations at a time when other countries of the world are seriously troubled by industrial disturbances. The German government has actively intervened to see that neither employers nor workers overstep bounds set for them by Nazi social and economic policies. Dr. Robert Ley, head of the German Labor Front, has said that the government owes its success in this field to measures that are a "healthy combination of freedom and compulsion." Since Hitler's advent to power, the former organizations of both employers and employees have largely …
Some Indicia Of Capital Transfers Under The Federal Income Tax Laws, Paul Harvey
Some Indicia Of Capital Transfers Under The Federal Income Tax Laws, Paul Harvey
Michigan Law Review
The fundamental difference between capital and income is recognized throughout the entire structure of the income tax law, and many decisions have distinguished between the two for the purpose of determining whether a given transaction comes within the meaning of the term "income" as used in the Sixteenth Amendment. But while recognizing the fundamental differences between capital and income, apparently the courts have been somewhat doubtful about advancing any broad, general statements by which specific transactions might be classified. While they have sometimes hesitated to call a specific item a capital transfer, they have, nevertheless, held numerous transactions involving the …
Contracts -- Right Of A Physician To Recover On An Implied-In-Fact Contract, Seward R. Stroud
Contracts -- Right Of A Physician To Recover On An Implied-In-Fact Contract, Seward R. Stroud
Michigan Law Review
At one time, under the Roman civil law, neither a physician nor an advocate could recover in an ordinary action at law for services rendered. The philosophical interpretation put upon such services was that, each case being sui generis both as to the value of the service to the patient and as to the skill and attainment required of the physician, a fixed and invariable salary could not be predicated upon this basis and therefore the compensation must depend upon the case. This compensation was not a matter of right but a gratuity or honorarium, as it was called, paid …
Appeal And Error - The Administrator As A Party Aggrieved By Probate Of Will, John H. Uhl
Appeal And Error - The Administrator As A Party Aggrieved By Probate Of Will, John H. Uhl
Michigan Law Review
In an action to prove the existence of a lost will executed by the deceased, judgment was rendered setting up the lost will and revoking the letters of administration which had been issued. The administrator appealed from this order, and the appellee moved to dismiss the appeal on the ground that the administrator had no such interest as entitled him to review. The governing statute permitted appeal by "any party aggrieved by any final order, judgment, or decree." Held, that the administrator who has qualified as such was entitled to appeal under the statute, as the party aggrieved by …
Municipal Corporations - Liability For Misrepresentation, Arthur A. Greene Jr.
Municipal Corporations - Liability For Misrepresentation, Arthur A. Greene Jr.
Michigan Law Review
The plaintiff contracted with the defendant to construct a sewer 8,553 feet in length. The specifications supplied by the county engineer indicated that the construction could be carried on under "free air conditions." In fact, the plaintiff was forced to use compressed air for 6,142 feet. The contract stipulated that the county would pay $30 additional per foot where the plaintiff found it more convenient to use compressed air, not to exceed 600 feet. The use of compressed air increased the cost of construction to the plaintiff to the extent of $497,521.25. Held, that the county was liable for …
Negligence - Violation Of Statute As Negligence Per Se - Exceptions To The Doctrine, John C. Griffin
Negligence - Violation Of Statute As Negligence Per Se - Exceptions To The Doctrine, John C. Griffin
Michigan Law Review
Plaintiff's intestate was driving along the main thoroughfare when B drove into the main highway from a side street without stopping, thereby colliding with the automobile of the intestate. Two days prior to this accident an automobile owned by S negligently collided with one of the defendant's buses with the consequence that defendant's bus, without negligence on defendant's part, knocked down an arterial stop sign. This stop sign had been erected at the intersection of the main highway and the side street out of which B drove his car. A Washington statute made anyone who should deface, mutilate, tear down, …
Taxation - Public Utilities - Implied Condition In Utility Franchise Of Tax Exemption, Allen A. Rubin
Taxation - Public Utilities - Implied Condition In Utility Franchise Of Tax Exemption, Allen A. Rubin
Michigan Law Review
In 1917 the city of New York and the New York Municipal Railway Corporation, predecessor in interest of the appellant, the New York Rapid Transit Corporation, entered into a contract for the operation of part of the city's transit system. The Transit Corporation was thereby obligated to furnish its services for a five cent fare, which by city charter provision could not be changed without the approval on referendum of a majority of the qualified voters. Other relevant portions of the contract provided that the corporation should pay all taxes upon its property and taxes incurred in connection with the …
Torts - Contributory Negligence Of One Of Several Beneficiaries As A Bar To Recovery Under Death Statute, Thomas K. Fisher
Torts - Contributory Negligence Of One Of Several Beneficiaries As A Bar To Recovery Under Death Statute, Thomas K. Fisher
Michigan Law Review
The administrator of a deceased infant brought an action under the Massachusetts death statute to recover for the death of the child. Death was caused by the negligence of defendant's servant, the father of the deceased. Defendant contended that plaintiff should not prevail because the father, as one of the next of kin sharing in the distribution of the money recovered, would thereby profit from his own wrong. Held, the Massachusetts death statute was penal in nature, and since there was at least one beneficiary whose fault did not contribute to the wrongful death, recovery could be had without …
Trade Marks And Trade Names -- Injunction Against Non-Competitors, John C. Griffin
Trade Marks And Trade Names -- Injunction Against Non-Competitors, John C. Griffin
Michigan Law Review
Plaintiff, Hugo Stein, began business in 1906 as Hugo Stein Cloak Company. Starting in the same year, defendant, S. B. Stein, continuously transacted a jewelry business variously as an individual, a partnership and finally, since 1931, as a corporation. Immediately prior to defendant's incorporation, plaintiff moved to within four doors of defendant. Plaintiff for thirty years consistently advertised as "Stein's," while defendant never did so, at least without additional description, until 1936, at which time it changed its store front and newspaper advertisements to correspond to plaintiff's. There was evidence that numerous people inquired at plaintiff's for jewelry. Held, …
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.
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.
Corporations - Stockholders' Suits - Effect Of Erie Railroad V. Tompkins On Federal Equity Rule 27, Leonard D. Verdier Jr.
Corporations - Stockholders' Suits - Effect Of Erie Railroad V. Tompkins On Federal Equity Rule 27, Leonard D. Verdier Jr.
Michigan Law Review
Plaintiffs filed a stockholders' bill in federal equity court to enforce certain rights of Hearst Consolidated Publications, Inc., a Delaware corporation. The individual defendants, directors of the corporation, were charged with having effected a plan to sell various Hearst properties to the corporation at excessive prices. Defendants moved to strike from the bill of complaint paragraphs referring to transactions which occurred prior to the date when plaintiffs acquired their stock. The motion was based on equity rule 27. The contention of counsel for plaintiffs was that rule 27 is based on the federal general law, which on this point conflicts …
Public Utilities - Power Of City To Reduce Rates Allowed By Franchise, M. D. Blackwell
Public Utilities - Power Of City To Reduce Rates Allowed By Franchise, M. D. Blackwell
Michigan Law Review
The city of Miami gave a franchise to a utility to sell electric power, providing that after a stated period of time it should have the right to charge rates which would enable it to have an annual return of at least ten per cent on the rate base over and above operating expenses. The right to set rates, however, was made "subject to the lawful regulatory authority of the city or state commission having jurisdiction," and it was further provided that "this grant shall at all times be subject to the right of the state of Florida, directly or …
Municipal Corporations - Police Power - Validity Of Ordinance Fixing Closing Hours, Fred C. Newman
Municipal Corporations - Police Power - Validity Of Ordinance Fixing Closing Hours, Fred C. Newman
Michigan Law Review
P, a general grocery store, brought an action to have a certain ordinance declared unconstitutional and to enjoin the enforcement of the ordinance. The ordinance provided that stores which sold or distributed "any uncured or uncooked meats or other foods of any kind intended for human consumption" should be open for business only between the hours of duty established for the municipal meat and food inspection department. Bona fide hotels, boarding houses, lodging houses, restaurants, drug stores, confectionery stores, dispensers of beverages, distributors of milk and cream, ice cream and soda fountains were expressly excepted from the operation of …
Contracts - Restraint Of Trade - Legality Of Covenant Restricting Use Of Land By The Purchaser Where No Goodwill Transferred, Thomas K. Fisher
Contracts - Restraint Of Trade - Legality Of Covenant Restricting Use Of Land By The Purchaser Where No Goodwill Transferred, Thomas K. Fisher
Michigan Law Review
Defendants' intestate, who owned large interests in two lime companies operating in Washington and California, entered into a contract for the sale of a tract of land to plaintiff's predecessor in title. The contract contained a restrictive covenant to the effect that the grantee, or those claiming under him, would not use any of the limerock in said land for the purpose of making lime. Subsequently the grantor died, and the conveyance and execution of a deed, which included within its provisions the restrictive covenant, were made by the administrator of grantor's estate, pursuant to court order. Plaintiff brought an …
Administrative Law - Separation Of Powers - Delegation Of Executive Functions To The Judiciary, Collins E. Brooks
Administrative Law - Separation Of Powers - Delegation Of Executive Functions To The Judiciary, Collins E. Brooks
Michigan Law Review
Plaintiff applied to the county board of public welfare for a pension award under a state Old Age Assistance Act. In conformity to the act, an investigation was made by the county board and the facts were submitted, with a recommendation for an award, to the State Department of Public Welfare for approval. The latter, however, overruled the award, whereupon plaintiff applied to the circuit court for a trial de novo, as provided for by the statute, and was successful. On appeal from the court's order allowing the award, held, the statutory provision for a de novo review by …
Constitutional Law - Validity Of Sex Offender Acts, William K. Jackson
Constitutional Law - Validity Of Sex Offender Acts, William K. Jackson
Michigan Law Review
The sex offender has become an acute problem. Sociologists, psychiatrists, and lawyers sensing the imperative need for action have devoted much time and thought to the questions involved. Experience has shown that the sex offender is generally a recidivist; he has to be arrested and committed repeatedly for the same type of crimes. The point is graphically illustrated by the case of a man, fifty-nine years of age, arrested recently in Detroit for a sex offense involving a youth. An examination of his record showed that he had been arrested in 1899, when twenty-one years of age, on charges involving …
Constitutional Law-Freedom Of The Press-Freedom Of Speech And Assembly-Police Power, John N. Seaman
Constitutional Law-Freedom Of The Press-Freedom Of Speech And Assembly-Police Power, John N. Seaman
Michigan Law Review
The recent decision by the federal district court in the case of Committee for Industrial Organization v. Hague has brought the civil liberties issue to the forefront again. Acting under a city ordinance, defendant's mayor, director of public safety, and chief of police refused to issue a permit to plaintiff labor union to distribute circulars, hold public meetings, or display placards in Jersey City, and excluded plaintiff's members from the city, acting under the belief that their doctrines were "un-American," and that their presence and activities were likely to provoke the city's inhabitants to breaches of the peace. It was …
Constitutional Law - Equal Protection Of The Laws - Exclusion Of Negro From Law School Of State University, Fred C. Newman
Constitutional Law - Equal Protection Of The Laws - Exclusion Of Negro From Law School Of State University, Fred C. Newman
Michigan Law Review
Petitioner, a negro, was refused admission to the law school of the State University of Missouri solely upon the ground of his race. While the state of Missouri assumed to provide reasonable tuition fees for the legal education of negro residents of Missouri in other states and possibly contemplated providing opportunities for professional training for negroes within the state at some future date, it did not provide for any instruction in law for negroes within the state. The Supreme Court of Missouri affirmed the judgment of the circuit court quashing an alternative writ of mandamus and denying a peremptory writ …
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.
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.
Mr. Justice Cardozo And Problems Of Government, Dean G. Acheson
Mr. Justice Cardozo And Problems Of Government, Dean G. Acheson
Michigan Law Review
The sorrow with which the entire nation learned of the death of Mr. Justice Cardozo bears witness to the sense of loss felt by the great body of his fellow citizens. Few of the people who mourn him had personal opportunity to know the high qualities of his mind or his saintly character. Yet they truly feel that between him and the thought and spirit of his time there was fundamental sympathy and understanding. In a real sense the cast of his thinking was the product of his age. This awareness of his time was coupled in him with sensitiveness …