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 6571 - 6600 of 8523
Full-Text Articles in Entire DC Network
Municipal Corporations - Police Power - Billboard Regulations For Aesthetic Purposes, Bertram H. Lebeis
Municipal Corporations - Police Power - Billboard Regulations For Aesthetic Purposes, Bertram H. Lebeis
Michigan Law Review
Plaintiff applied to defendant superintendent of buildings for permits to erect billboards for general advertising purposes on plaintiff's, property in the city of Troy. Defendant refused to issue the permits on the authority of an ordinance which made it unlawful to erect any billboard and/ or signboard within the city limits, except upon real property owned or leased by the occupants thereof and for the sole purpose of advertising the sale of such property or of merchandise kept for sale upon such premises. Plaintiff petitioned for a writ of mandamus to compel defendant to issue the permits. Held, that …
Torts - Liability Of Landlord To Tenant For Disrepair, Michigan Law Review
Torts - Liability Of Landlord To Tenant For Disrepair, Michigan Law Review
Michigan Law Review
A landlord made an oral, month-to-month lease of premises to one Harris, who occupied the premises as a beauty shop in which he employed his wife. Both at the time of the letting and subsequently, an agent of the landlord agreed to repair a defective cellar stairway, but failed to do so. The lessee's wife was injured by the collapse of the stairway; thereupon, the tenant and his wife sued the landlord. A verdict was directed against the tenant and judgment non obstante veredicto was entered against the wife. The wife appealed. Held, even assuming the wife not contributorily …
Trusts - Participation In Breach Of Trust By Depositary Of Trust Funds - Tracing, Michigan Law Review
Trusts - Participation In Breach Of Trust By Depositary Of Trust Funds - Tracing, Michigan Law Review
Michigan Law Review
A township treasurer, elected custodian of school funds by the trustees of schools, paid a personal debt to the bank in which those funds were deposited with a check drawn by him as treasurer on the trust account. Subsequently, in like manner, he transferred some $2,000 from the trust account to his personal account in the same bank to meet an overdraft of $ 1,000, using the balance then left in his personal account for his personal advantage without benefit to the bank. Held, that the surety who had paid a judgment in favor of the school trustees for …
Wills - Probate - Contest - Appearance By Trustee And Executor Named In Earlier Will, Edward D. Ransom
Wills - Probate - Contest - Appearance By Trustee And Executor Named In Earlier Will, Edward D. Ransom
Michigan Law Review
Petitioner, who was the widow of the testator, sought probate of a will dated December 1934 which gave her practically the entire estate. The bank filed opposition to the will. The bank was named both as executor and as trustee in an earlier alleged will. The earlier will contained certain legacies not included in the later one and a trust of the residue for various beneficiaries. The probate court denied appearance of the bank both as executor and as trustee. Held, the bank is not entitled to contest the will as executor but may as trustee. Reed v. Home …
Workmen's Compensation - Definition Of Employee - Relief Worker, Michigan Law Review
Workmen's Compensation - Definition Of Employee - Relief Worker, Michigan Law Review
Michigan Law Review
An unemployed workman applied to a local relief committee, and received a work order on defendant city, based upon his needs and the number of his dependents. Payment was in scrip, which was accepted by merchants, who were later paid out of funds appropriated by the state and federal governments. The man was put to work on a "made work" project which was under the supervision and control of the city officials. The work was necessary and proper to be undertaken by the city. While so engaged, he was injured, and brought an action to recover compensation. Held, 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-four 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.
Administrative Tribunals-Organization And Reorganization, E. Blythe Stason
Administrative Tribunals-Organization And Reorganization, E. Blythe Stason
Michigan Law Review
No doubt overhauling is needed. However, a consistent and rational theory for the integration of the independent agencies with the remainder of the governmental structure is a condition precedent to an intelligent overhauling. This article constitutes a groping for such a theory. First, I shall discuss some of the more significant attacks which have been made in recent years upon modern administrative organization. Then, the reasons for these attacks will be examined and appraised, for they reveal certain pathological conditions which need excision. Finally, and with all due deference to the other remedies that have been suggested, I shall venture …
Recent Developments In The Deportation Process, Reuben Oppenheimer
Recent Developments In The Deportation Process, Reuben Oppenheimer
Michigan Law Review
The process under which the United States, through the Department of Labor, deports aliens found to be unlawfully in this country is one of the oldest in American administrative law. It is also one of the most interesting, for this process deals almost entirely with persons as contrasted with property, and its development has been largely unimpeded by court decisions.
Expansion Of Federal Supervision Of Securities Through The Inquisitional And Census Powers Of Congress-A Suggestion, Kenneth Rush
Expansion Of Federal Supervision Of Securities Through The Inquisitional And Census Powers Of Congress-A Suggestion, Kenneth Rush
Michigan Law Review
The Securities Act and the Securities Exchange Act, principally through the means of compulsory disclosure of information, are intended to aid the investing public in evaluating securities and to prevent the undue influencing of their value, market price and sale. These ends are undoubtedly worth seeking in their entirety, but such is the nature of our federal system that the acts, being founded upon the powers of Congress over the facilities of interstate commerce and of the mails, purport to relate only to transactions in securities involving use of those facilities.
Interstate Commerce - Federal Motor Carrier Act - Extent Of Supersedure Of State Jurisdiction, William Stout Gordon
Interstate Commerce - Federal Motor Carrier Act - Extent Of Supersedure Of State Jurisdiction, William Stout Gordon
Michigan Law Review
Prior to the passage of the Federal Motor Carrier Act of 1935, interstate motor carriers were subject to regulation by the states to a limited extent. This power to regulate may be briefly summarized as follows: (1) a state could not require interstate motor carriers to show that their operation was required in the interest of public convenience and necessity; (2) it could regulate to some extent the service and facilities offered by such carriers but it could not regulate their rates; (3) it could require them to carry liability insurance for the protection of third parties but it could …
Torts - Prenatal Injuries To Infants, Frank B. Stone
Torts - Prenatal Injuries To Infants, Frank B. Stone
Michigan Law Review
This was an action by the administrator under the survival act. Decedent's mother while a passenger on the defendant's street-car was injured through negligence of an employee. Decedent thus suffered prenatal injuries to his skull from which he died three months after birth. The birth occurred 22 days after the accident and after a normal period of gestation. Held, there is no liability to an infant for prenatal injuries and therefore no cause of action existed in the child or survives to the administrator. Newman v. City of Detroit, 281 Mich. 60, 274 N. W. 710 (1937).
The Effect Of The Contract Clause And The Fourteenth Amendment Upon The Power Of The States To Control Municipal Corporations, E. B. Schulz
The Effect Of The Contract Clause And The Fourteenth Amendment Upon The Power Of The States To Control Municipal Corporations, E. B. Schulz
Michigan Law Review
Although the power to establish systems of local government is reserved to the states under the Federal Constitution, they are obliged to exercise it in conformity with the limitations, direct or indirect, by which their powers in general are circumscribed. Since a state lacks authority to delegate powers which it does not possess, it may not confer upon municipal corporations, to cite but a few examples, the power to pass ex post facto laws and bills of attainder, to coin money, to emit bills of credit, to regulate foreign and interstate commerce, or to levy taxes for strictly private purposes. …
Interstate Commerce - Constitutionality Of Weight And Size Limitations Of Motor Carriers - Commerce Clause And Due Process Clause, Donald H. Larmee
Interstate Commerce - Constitutionality Of Weight And Size Limitations Of Motor Carriers - Commerce Clause And Due Process Clause, Donald H. Larmee
Michigan Law Review
The District Court for the Eastern District of South Carolina had recently before it a well-presented case, Barnwell Bros. Inc. v. South Carolina State Highway Dept., involving the authority of the state to regulate the size and weight of motor vehicles operating on South Carolina's highways. The South Carolina statute in question limited the width of motor trucks (including semitrailers) to ninety inches, and their gross weight 4 to 20,000 pounds. The validity of this statute was challenged upon three distinct grounds: (1) that it was a denial of due process guaranteed by the Fourteenth Amendment; (2) that the …
Bankruptcy - Corporate Reorganization - Approval Of Plan Of Bondholders' Committee In Foreclosure Proceeding In A State Court, Malcolm L. Denise
Bankruptcy - Corporate Reorganization - Approval Of Plan Of Bondholders' Committee In Foreclosure Proceeding In A State Court, Malcolm L. Denise
Michigan Law Review
The question of a state court's jurisdiction to pass on the fairness of a reorganization plan in connection with proceedings to foreclose a trust mortgage and sell the corporate property has been considered in but a surprisingly small number of cases. It would seem that this is a possibility the existence of which reorganization committees and dissenting bondholders have only begun to realize. In the recent case of First National Bank of Chicago v. Bryn Mawr, Beach Bldg. Corp., the trustee under a trust mortgage instituted foreclosure proceedings, and a committee representing a majority of the bondholders purchased at …
Judgments - Default Judgments Rendered Without Jurisdiction - Validating Effect Of A Subsequent General Appearance, Richard B. Maxwell
Judgments - Default Judgments Rendered Without Jurisdiction - Validating Effect Of A Subsequent General Appearance, Richard B. Maxwell
Michigan Law Review
The effect of a general appearance by the defendant following a default judgment rendered without jurisdiction over the person of the defendant has been again raised by the recent Wisconsin case of Schwantz v. Morris. In this case the original judgment was invalid for lack of jurisdiction over the defendants, but the Supreme Court of Wisconsin held, that by joining non-jurisdictional grounds with jurisdictional grounds in a motion to set the judgment aside, the defendants had waived any defects in or objections to the jurisdiction of the court and that this waiver related back to the time of the …
Judgments - Federal Declaratory Judgments Act, Charles R. Moon Jr.
Judgments - Federal Declaratory Judgments Act, Charles R. Moon Jr.
Michigan Law Review
Underlying the declaratory judgment is the idea that in an organized and civilized society where law and order are thoroughly recognized and established, coercion is normally unnecessary to settle legal disputes between parties. The belief is that in many lawsuits the plaintiff is not seeking a means of coercing the defendant but that the plaintiff and the defendant merely want a final and conclusive decision of a disputed question on which their legal relations depend. The value of the declaratory judgment lies in that it may be used to settle this dispute, in many cases before any other form of …
Constitutional Law - Religious Freedom - Compulsory Salute And Pledge Of Allegiance To Flag By School Children -Validity, Dan K. Cook
Michigan Law Review
A Massachusetts statute imposed a duty upon each public school teacher to lead his pupils, at least once each week, in a salute and pledge of allegiance to the flag. Petitioner was in his third year as a pupil in the public schools, and, in obedience to his father's commands, refused to participate in the salute and pledge. For such refusal, the school committee expelled the petitioner from the school, and he thereupon submitted a petition for a writ of mandamus, to compel his readmission to the school. Held, that the writ be denied, inasmuch as the statute did …
Constitutional Law - Zoning - Amendment Of Zoning Ordinance As Impairing Vested Rights, Ralph Winkler
Constitutional Law - Zoning - Amendment Of Zoning Ordinance As Impairing Vested Rights, Ralph Winkler
Michigan Law Review
The town plan commission amended the municipal zoning ordinance to permit the erection of an incinerator in a class C residence district. The particular tract upon which the incinerator was to be located had been a municipal garbage dump, and as such, a non-conforming use under the zoning ordinance. The board of health by ordinance declared the garbage dump to be a nuisance. The facts revealed there was an immediate need to dispose of the garbage, etc.; that the erection of an incinerator was the best means of so doing; that the proposed site was a suitable location; that the …
Corporations - Alteration Of Charter Under Reserved Power - Change In Remedy To Enforce Stockholders' Liability, Michigan Law Review
Corporations - Alteration Of Charter Under Reserved Power - Change In Remedy To Enforce Stockholders' Liability, Michigan Law Review
Michigan Law Review
The constitution of Maryland of I 867 provided that owners of bank stock should be liable for debts of the corporation to an extent equal to the value of the stock owned by them. The bank in which the defendants owned stock was organized under legislation of 1870 containing the provision, "this act and every part of it may be altered from time to time, or repealed by the legislature." The Maryland court held that, while the constitution provided no remedy, the right was conferred on each creditor in his individual capacity to be enforced by separate suits against those …
Municipal Corporations - Constitutional Limitations On Amount Of Debts - Obligations Of Other Public Corporations As Debts Of City, Michigan Law Review
Municipal Corporations - Constitutional Limitations On Amount Of Debts - Obligations Of Other Public Corporations As Debts Of City, Michigan Law Review
Michigan Law Review
The city of Troy, New York, had obtained federal aid for a Public Works Administration project involving the erection of a new high school building, conditioned upon the city's supplying $786,000 as its share of the cost. The constitutional debt limitation did not permit the city to borrow this amount. The legislature came to the aid of the city and enacted a law providing that the bonds should be issued as "general obligations" of the city school district by the district's board of education. The act expressly stated that the bonds should not be considered as part of the debt …
Municipal Corporations - Tort Liability - Applicability Of Statutory Notice Requirement To Infants, Michigan Law Review
Municipal Corporations - Tort Liability - Applicability Of Statutory Notice Requirement To Infants, Michigan Law Review
Michigan Law Review
A statute provided "No action shall be maintained by any person . . . against any city" unless the person injured filed notice of claim within three months after the injury. The plaintiff, an infant sixteen years of age, was injured when he fell into an unlighted, unguarded opening in a sidewalk at the city's memorial building, which the city had rented for the evening in question to a boy scout group of which plaintiff was a member. No statutory notice was filed. The court held the statute created a mandatory condition precedent, applying to infants as well as adults, …
Negligence - Liability Of Street Railways For Injuries To Alighting Passengers - Duty Of Car Employees, Dan K. Cook
Negligence - Liability Of Street Railways For Injuries To Alighting Passengers - Duty Of Car Employees, Dan K. Cook
Michigan Law Review
Plaintiff passenger, while alighting from the right side of a street car, operated by defendant street railway company in the center of a well-traveled road, was struck by an automobile traveling toward plaintiff from the front of the street car on the same side from which plaintiff was discharged. The automobile was traveling this uncommon course by reason of road repairs which created a temporary situation during which motor traffic in both directions was traveling along the half of the road on which plaintiff was alighting. Plaintiff contended, in an action brought for the injuries she sustained, that a legal …
Trusts - Investments - Amortization Of Bond Premium On Bond Callable Before Maturity, Anthony L. Dividio
Trusts - Investments - Amortization Of Bond Premium On Bond Callable Before Maturity, Anthony L. Dividio
Michigan Law Review
In 1929, the trustee, who was also beneficiary for life, invested $11,187.50 in bonds to mature in 1947, subject to prior call, worth $10,000 at par, which were called in and paid off October 1, 1936 at $10,500. Meanwhile, the trustee had amortized to the maturity date, setting aside one-eighteenth the amount of the premium out of interest annually, a total of $461.41, which, added to the $500 paid above par, left a balance of $226.09. In an accounting prior to her resignation in favor of a corporate trustee, held, amortization should have been to the call date and …
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-four 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.
Judgments - Declaratory Judgments - Scope Of The Federal Act, Michigan Law Review
Judgments - Declaratory Judgments - Scope Of The Federal Act, Michigan Law Review
Michigan Law Review
After the insured had made formal claims for total disability benefits for four years without bringing action to enforce them, the insurer, having at all times denied the total disability of the insured, brought suit in a federal district court for a declaration that it was not liable for the benefits claimed and that the policies had lapsed for non-payment of premiums. The district court granted a motion to dismiss because the insurer failed to present a "controversy" within the Federal Constitution and the Declaratory Judgments Act and because the insurer had no "rights or other legal relations" to be …
Champerty And Maintenance - Validity Of Contingent Fee - Contracts By Laymen To Prosecute And Collect Claims Against The Government, Charles R. Moon Jr.
Champerty And Maintenance - Validity Of Contingent Fee - Contracts By Laymen To Prosecute And Collect Claims Against The Government, Charles R. Moon Jr.
Michigan Law Review
It has often been said by the American courts in recent years that the doctrine of champerty, due to changes in the law of assignment of choses in action and other changes of conditions from those prevailing in England at the time of the origin of the doctrine, is no longer applicable in all its stringency. That conditions have changed cannot be denied; however, neither can it be denied that champerty is a very live doctrine today. The real basis for the doctrine of champerty is that certain contracts are contrary to public policy. When we realize this, we see …
Patents - Equity Pleading - Sufficiency Of "Short Form" Of Bill Of Complaint - Burden Of Proof Of Validity Of Patent Infringement Suit, Julian Caplan
Patents - Equity Pleading - Sufficiency Of "Short Form" Of Bill Of Complaint - Burden Of Proof Of Validity Of Patent Infringement Suit, Julian Caplan
Michigan Law Review
Complainant brought suit for infringement of letters patent and used the so-called "short form" of bill of complaint. Defendant moved to dismiss the bill for insufficient facts to constitute a cause of action, since there were no allegations of compliance with the statutory provisions for issuance of a patent. The District Court and the Circuit Court of Appeals for, the Eighth Circuit sustained the demurrer, but the Supreme Court held that under Equity Rule 25 the short form of bill of complaint contained all the ultimate facts necessary for complainant to state a cause of action. Mumm v. Jacob E. …
Libel - Right Of Privacy -Auction Sale Of Debts, Gerald M. Stevens
Libel - Right Of Privacy -Auction Sale Of Debts, Gerald M. Stevens
Michigan Law Review
A creditor put his claim into the hands of one Power, who held himself out as an advertiser of accounts for sale. Power threatened several times by letter to advertise the debtor's account for sale at auction unless it was paid immediately. No payment was made; and a "flaming orange handbill" was printed and circulated about the debtor's neighborhood. It offered for sale to the highest bidder the debtor's and twenty-three other accounts. It contained, further, the statement that all accounts were guaranteed correct and undisputed and a solicitation for merchants' accounts to be similarly disposed of. Thereupon the debtor …