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Articles 6631 - 6660 of 8523
Full-Text Articles in Entire DC Network
Amending The Constitution Article Five: The Keystone Of The Arch, Ralph R. Martig
Amending The Constitution Article Five: The Keystone Of The Arch, Ralph R. Martig
Michigan Law Review
Article V is the keystone of the Constitution. For, by altering its provisions, the process of amendment can be made so rigid as to become impracticable, or so flexible that the instrument can be altered without sufficient thought. Through this article, then, we reach toward every other clause in the Constitution.
Conflict Of Laws - Renvoi Theory - Conflicts Restatement, Royal E. Thompson
Conflict Of Laws - Renvoi Theory - Conflicts Restatement, Royal E. Thompson
Michigan Law Review
The case of University of Chicago v. Dater, recently decided by the Michigan Supreme Court, contains interesting and unusual problems in the field of conflict of laws. The University of Chicago had agreed to loan money to a Michigan resident, to be secured by Chicago realty. The note and trust mortgage were sent by plaintiff to a Michigan bank, as agent, which procured the signatures of defendant and her husband, and sent the papers back to plaintiff's agent in Chicago. Some question as to title to the land arose, followed by further negotiations, and nearly a month after the …
Labor Law - Constitutionality Of State Anti-Injunction Acts - Existence Of A "Labor Dispute", Theodore R. Vogt
Labor Law - Constitutionality Of State Anti-Injunction Acts - Existence Of A "Labor Dispute", Theodore R. Vogt
Michigan Law Review
Organized labor has long contested the use of the injunction in labor disputes and since the turn of the century has been active in legislative circles to secure statutory relief from the paralyzing effect of the too-freely granted temporary injunction and restraining order. A substantial step forward was the enactment of the Clayton Act by Congress. Similar legislation was adopted by several states, some before and some after the congressional action. However, the expected benefits to labor did not accrue, for the Supreme Court in Duplex Printing Press Co. v. Deering so narrowly construed the statute as to rob it …
Constitutional Law - The Federal-State System Of Unemployment Compensation Under The Social Security Act, Elbert R. Gilliom
Constitutional Law - The Federal-State System Of Unemployment Compensation Under The Social Security Act, Elbert R. Gilliom
Michigan Law Review
One of the last pieces of New Deal social legislation to receive the judicial sanction of the United States Supreme Court before the end of its epoch-making October 1936 term is the tax imposed on employers of eight or more by Title IX of the Social Security Act of 1935. Through the operation of eleven expressly separable "titles," the comprehensive act (1) authorizes future appropriations to the states for old-age assistance, unemployment compensation administration, aid to dependent children, maternal and child welfare, services for crippled children, public health work, and aid to the blind; (2) establishes a system of federal …
Patents, Copyrights And Trade Secrets - Destruction Of Infringing Instruments Owned By Infringer, Michigan Law Review
Patents, Copyrights And Trade Secrets - Destruction Of Infringing Instruments Owned By Infringer, Michigan Law Review
Michigan Law Review
Where a patent is infringed, it is safe to assume that the patenter can collect damages from the infringer as well as secure an accounting for profits and an injunction against further infringement. Any one of these forms of relief or of various combinations is usually granted as a matter of course. Such relief is also granted for infringement of trade secrets, copyrights and literary property. Many courts believe that the problem is solved at this point. But two questions still remain: Does this relief give sufficient practical protection to the plaintiff? And, if not, can destruction of the tangible …
Attorney And Client - Constitutionality Of Statute Authorizing Laymen To Appear Before Workmen's Compensation Commission, Milton Rabinowitz
Attorney And Client - Constitutionality Of Statute Authorizing Laymen To Appear Before Workmen's Compensation Commission, Milton Rabinowitz
Michigan Law Review
Pursuant to legislative authorization the Illinois Industrial Commission promulgated a rule permitting representation by attorney or agent in proceedings before the Commission. Defendant, a layman, had made a business of handling and adjusting compensation claims, and an information was brought against him under a state statute forbidding unauthorized practice of law. Defendant sought sanctuary in the general license granted by the Commission, but the court held, that the Commission's rule was an infringement of judicial power in violation of the state constitution, and, consequently was no defense to the action. Chicago Bar Association v. Goodman, (Ill. 1937) U. …
Constitutional Law-Due Process -Fair Trade Acts, Milton Rabinowitz
Constitutional Law-Due Process -Fair Trade Acts, Milton Rabinowitz
Michigan Law Review
The New York "Fair Trade Act" proclaims price maintenance agreements subservient to the public policy of the state, and renders price cutting by any merchant with knowledge of such an agreement, even though not a party thereto, actionable as unfair competition at the suit of anyone injured thereby. In Doubleday, Doran & Co. v. Macy & Co., the New York court had condemned the enactment as violating the due process clause of the Fourteenth Amendment. Subsequently, the United States Supreme Court, in Old Dearborn Distributing Co. v. Seagram-Distiller Corp., decided the contrary as to the validity of a …
Constitutional Law- Right To Jury Trial - Petty Statutory Offenses, James H. Roberton
Constitutional Law- Right To Jury Trial - Petty Statutory Offenses, James H. Roberton
Michigan Law Review
The defendant was tried before the police court of the District of Columbia for selling, as a second-hand dealer, unused return-trip railroad tickets without a license, contrary to an Act of Congress. The act provides for a maximum penalty of $300 fine or ninety days in jail. The defendant was denied a jury trial. The Court of Appeals for the District of Columbia found the defendant entitled to a jury trial. On appeal to the United States Supreme Court, it was held by a majority of the Court, that the Federal Constitution does not guarantee the defendant a jury trial …
Constitutional Law - Search And Seizure - Investigative Power Of Federal Trade Commission, Virginia M. Renz
Constitutional Law - Search And Seizure - Investigative Power Of Federal Trade Commission, Virginia M. Renz
Michigan Law Review
The Federal Trade Commission, acting pursuant to the joint resolution of Congress and the Federal Trade Commission Act, sought a writ of mandamus compelling the corporation to answer questionnaires relating to its total volume of business, net sales, net cost of materials, annual cash salary paid to each officer, etc. This information was demanded as part of a general investigation of the financial condition of agricultural products. The purpose of the investigation was to enable Congress to determine whether new legislation should be enacted or existing legislation amended. Held, the writ of mandamus should be granted. The Fourth Amendment …
Municipal Corporations - Regulation Of Weights And Measures - Due Process Of Law, Milton Rabinowitz
Municipal Corporations - Regulation Of Weights And Measures - Due Process Of Law, Milton Rabinowitz
Michigan Law Review
An ordinance of the city of Chicago required the net weight of all commodities sold in load lots in the city to be determined by a municipal weighmaster prior to delivery of the load to the purchaser. This necessitated weighing the vehicle of transportation first empty, and then again when loaded. On indictment for violation of the ordinance defendant, a coal dealer, whose place of business was located 63 miles outside the municipal limits, asserted that compliance with the ordinance would involve extremely expensive rehandling of the load unless the trucks were first sent into the city unloaded, a financially …
Police Power - Validity Of A State Statute Fixing Maximum Charges For Tobacco Warehousemen, Peter S. Boter
Police Power - Validity Of A State Statute Fixing Maximum Charges For Tobacco Warehousemen, Peter S. Boter
Michigan Law Review
A statute of the state of Georgia prescribed maximum charges for handling and selling leaf tobacco. In this action, warehousemen sought to restrain the enforcement of the act, attacking it as an arbitrary exercise of state power contrary to the Fourteenth Amendment of the Federal Constitution and also as placing a substantial burden on interstate commerce in violation of the commerce clause. Held, that the statute was a constitutional exercise of the state's police power. Townsend v. Yeomans, (U.S. 1937) 81 L. Ed. 840.
Trade-Marks -- Map As A Trade-Mark Registerable Under Act Of 1905, Philip A. Hart Jr.
Trade-Marks -- Map As A Trade-Mark Registerable Under Act Of 1905, Philip A. Hart Jr.
Michigan Law Review
Canada Dry Ginger Ale filed an application for the registration, under the Trade-Mark Act of February 20, 1905, as amended, of a colored map of Canada used by it as a trade-mark for maltless beverages sold as soft drinks. The Commissioner of Patents ruled the mark was not a valid trademark at common law and was intended to fall within the statutory prohibition against the registry of "merely a geographical name or term." On appeal, Canada Dry asserted that the mark was a valid common-law trade-mark, and that even though not otherwise registerable, it became so by virtue of a …
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.
Labor Law -- Legal Status Of Sit-Down Strike -- Legal And Equitable Remedies, Charles C. Spangenberg
Labor Law -- Legal Status Of Sit-Down Strike -- Legal And Equitable Remedies, Charles C. Spangenberg
Michigan Law Review
The country finds itself infected with a strike rash. Conditions are now like those which previously have resulted in this state of affairs. The midtide of recovery from a depression low has brought rising prices, freer spending, business increase, and speeded up production, but only incomplete relief to labor from depression hours and wages and the later speed-up. Such traditional causes of strikes have been coupled with a new demand for labor recognition. Moreover, a strike now has a much greater chance of success than it would have had at any time within the past several years--a potent stimulant to …
Conditional Wills, Alvin E. Evans
Conditional Wills, Alvin E. Evans
Michigan Law Review
The discovery of what the language of a testator means is a constant duty of the courts. The task in the case of wills conditional in form frequently is to inquire whether the conditional language is merely formal and used by way of inducement or is intended to be taken literally. Clear cut and uniformly dependable tests as guides to such inquiry do not exist.
Trusts -Tracing Principles Applicable Where Funds Of Two Or More Cestuis Are Wrongfully Commingled, Michigan Law Review
Trusts -Tracing Principles Applicable Where Funds Of Two Or More Cestuis Are Wrongfully Commingled, Michigan Law Review
Michigan Law Review
Public funds of a school district, of the village of Vassar, and of ten other municipalities were deposited in defendant bank without securing the deposit bond required by statute. After defendant bank had been declared insolvent, the school district intervened and sought to have the amount of its deposit impressed upon the cash assets of the bank as a trust, on the ground that the bank became a trustee ex maleficio. The total of the illegal deposits was greater than the cash on hand and the credits established in solvent correspondent banks at the time the receiver took over the …
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.
Negligence - Proximate Cause - Intervening Act - Mere Condition Or Passive Cause, Michigan Law Review
Negligence - Proximate Cause - Intervening Act - Mere Condition Or Passive Cause, Michigan Law Review
Michigan Law Review
Defendant, driving an automobile at night on a new highway in process of construction, turned therefrom on to the old road with which he was familiar, at such a speed and angle that his headlights did not immediately reveal the condition thereof; the car struck a lantern-marked depression in the road, caused by the excavation by the defendant construction company for a culvert, whereupon the defendant driver lost control, overturning the car, with resultant serious injuries to the plaintiff passenger. From a directed verdict for the defendant construction company, a refusal of the defendant driver's motion for judgment non obstante …
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.
The Non-Recognition Law Of The United States, Kimon A. Doukas
The Non-Recognition Law Of The United States, Kimon A. Doukas
Michigan Law Review
We speak of nations as being equal, independent and sovereign within the fixed confines of their physical boundaries. As aptly stated by our Supreme Court, in the civilized world of today, "Every sovereign State is bound to respect the independence of every other sovereign State, and the courts of one country will not sit in judgment on the acts of the government of another done within its own territory."
Insolvency-The Co-Debtor As A Factor In Distribution, Fred T. Hanson
Insolvency-The Co-Debtor As A Factor In Distribution, Fred T. Hanson
Michigan Law Review
The problems in distribution peculiar to claims upon which another is liable with the insolvent have received little critical analysis in judicial decisions. This is largely because the chancery rule, governing the treatment of lienors, is widely accepted as the solution in every instance where one creditor has an exclusive resource from which he may obtain payment wholly or in part.
Air Law - Legal Status Of Airplane Flight, Philip A. Hart Jr.
Air Law - Legal Status Of Airplane Flight, Philip A. Hart Jr.
Michigan Law Review
The classical statement of the extent of the landowner's right to the air space above his land is the maxim, Cujus est solum ejus est usque ad coelum. It is recognized, however, that decisions stating such a rule are not in point upon the status of air navigation today, for when those decisions were rendered flights were made in fancy only. Hence it is that all cases deciding this modern problem have disregarded the literal meaning of this maxim and tried to strike a compromise between the claims of air navigation and the claims of ownership. Three theories have …
Constitutional Law - Due Process And The Frazier-Lemke Acts, Henry Earnest Halladay
Constitutional Law - Due Process And The Frazier-Lemke Acts, Henry Earnest Halladay
Michigan Law Review
Recent decisions involving the constitutional validity of the first and second Frazier-Lemke Acts have again raised the old spectre of due process. The questions involved related to the power of the Federal Government to regulate the rights, duties, and liabilities existent between debtors and creditors in the field of farm mortgages under the bankruptcy power. To forego an extended discussion of the history of due process as a limitation on governmental fiat, let it suffice to say that the concept, which began with Magna Carta ran through early definitions in the United States limiting it to procedural matters and attempts …
Torts - Are Firemen And Policemen Licensees Or Invitees?, Michigan Law Review
Torts - Are Firemen And Policemen Licensees Or Invitees?, Michigan Law Review
Michigan Law Review
The status of the fireman or policeman who enters on the land of another in the performance of duty, under a right conferred by the law, has quite generally been held to be that of a licensee, to whom the landowner owes no greater duty than to refrain from wilful, wanton misconduct. This places such visitors in the second group of the usual classification, which designates persons present on the land of another as trespassers, licensees (bare licensees, gratuitous licensees, social guests), and invitees (business visitors) . A recent case so holding is Aldworth v. F. W. Woolworth Co., …
Constitutional Law - Interstate Commerce Validity Of State Statute Regulating Automobiles Driven Into The State For Purpose Of Sale, Walter Probst Jr.
Constitutional Law - Interstate Commerce Validity Of State Statute Regulating Automobiles Driven Into The State For Purpose Of Sale, Walter Probst Jr.
Michigan Law Review
A statute of California forbade the transportation of automobiles from without the state for the purpose of sale within or without the state unless there be attached to each vehicle a special permit issued by the State Motor Vehicle Department, for which a fifteen dollar fee was exacted. A suit was brought to restrain state officers from enforcing this statute. Held, the statute imposed an unconstitutional burden upon interstate commerce. Ingels v. Morf, (U.S. 1937) 57 S. Ct. 439, affirming (D. C. Cal. 1936) 14 F. Supp. 922.
Constitutional Law - Validity Of Criminal Syndicalism Statute, Herman Jerome Bloom
Constitutional Law - Validity Of Criminal Syndicalism Statute, Herman Jerome Bloom
Michigan Law Review
The defendant was indicted for assisting in the conduct of a meeting which was called under the auspices of the Community Party, an organization advocating criminal syndicalism. The statute defined criminal syndicalism as "the doctrine which advocates crime, physical violence, sabotage, or any unlawful acts or methods as a means of accomplishing or effecting industrial or political change or revolution," and described a number of offenses, including the presiding at, or the assisting in, the conduct of a meeting of an organization advocating criminal syndicalism as defined in the act. The state court upheld the indictment under a construction of …
Constitutional Law - Validity Of Statute Abolishing Breach Of Promise Action, Emma Rae Mann
Constitutional Law - Validity Of Statute Abolishing Breach Of Promise Action, Emma Rae Mann
Michigan Law Review
Plaintiff sued for damages for breach of promise to marry and seduction, after the enactment of a New York statute which abolished such causes of action. The court held for the defendant, basing its recognition of the validity of the statute on the ground that the legislature has plenary power to deal with the subject of marriage. Fearon v. Treanor, 272 N. Y. 268, 5 N. E. (2d) 815 (1936).
Judges - De Facto Judge - Special Judge Holding Over After Term Of Assignment Expires, Michigan Law Review
Judges - De Facto Judge - Special Judge Holding Over After Term Of Assignment Expires, Michigan Law Review
Michigan Law Review
A district judge, specially assigned to a court other than his own for a term of one week, continued to hold the position after the period had expired under the belief that his assignment covered a longer period, and tried this case after the expiration of the one week period. All attorneys, assuming that the assignment covered a longer period, acted in the case without objection to the judge. The parties did not specifically agree upon him as a special judge. After verdict for defendant, plaintiff moved to vacate. Held, the judge was a de facto judge, and his …
Landlord And Tenant - Disability To Recover Rent For Failure To Comply With Tenement Law, Theodore R. Vogt
Landlord And Tenant - Disability To Recover Rent For Failure To Comply With Tenement Law, Theodore R. Vogt
Michigan Law Review
A Connecticut statute provides: "No building constructed as . . . a tenement house shall be occupied . . . until the issuance of a certificate . . . that said building conforms . . . to the requirements of this chapter . . . . " (Section 2592.) It is further provided (Section 2593): "If any building . . . be occupied . . . in violation of the provisions of section 2592, during such unlawful occupation no rent shall be recoverable by the owner or lesee . . . and no action or special proceedings shall be maintained …