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 7051 - 7080 of 8523
Full-Text Articles in Entire DC Network
Carriers - Damages From Preferential Rates
Carriers - Damages From Preferential Rates
Michigan Law Review
The Interstate Commerce Commission held that defendant railroad was discriminating against complainants in forcing them to pay the blanket rate for lumber dealers plus a short-line charge, and made an order to "cease and desist," but further held that the record would not support an award of damages, The Supreme Court of the District of Columbia refused a mandamus to compel the Commission .to award damages, but on appeal the Court of Appeals held that the writ should issue. On certiorari from the United States Supreme Court, held, judgment of Court of Appeals reversed and petition for mandamus denied …
Contracts - Conditional Sales - Effect Of Oral Promise To Insure
Contracts - Conditional Sales - Effect Of Oral Promise To Insure
Michigan Law Review
The plaintiff purchased from the defendant five automobile conditional sales contracts, the defendant guaranteeing the payment of all unpaid installments. The automobiles, which had been sold to third parties on these contracts, were subsequently repossessed when the purchasers defaulted in their payments. It was agreed in writing by the plaintiff and the defendant that the defendant should have possession of the automobiles and should assume all risk of loss or injury, but that title should remain in the plaintiff. Later the parties discussed the advisability of insuring the automobiles, and the plaintiff told the defendant not to have them insured …
Federal Practice - Appeal And Error - Necessity For Findings Of Fact And Conclusions Of Law In Interlocutory Proceedings
Michigan Law Review
The Public Service Commission of Wisconsin issued a temporary order reducing telephone rates, setting forth its reasons and the facts in an elaborate opinion. A temporary restraining order was issued by a federal district court, which was followed by an application for an interlocutory injunction. A hearing on this application was held before three judges who granted an injunction on the same day upon the giving of a bond. Meanwhile the temporary restraining order continued in force. No opinion was rendered other than a general statement in the decree that the Commission's order "would result in the confiscation of the …
Book Notes
Michigan Law Review
This department undertakes to list and, when possible, describe briefly current books on law and matters closely related thereto.
Mortgages - Assignment Of Rents And Profits - Michigan Statute
Mortgages - Assignment Of Rents And Profits - Michigan Statute
Michigan Law Review
There may be times when legislative action is so obviously dependent upon contemporary circumstances, or when its roots lie so near the chronological surface, that no study of background is possible or necessary. Such is not the case, however, with anything relating to mortgage law; it is too deeply imbedded in our legal system. And though its history be familiar it is felt that a brief review will not be out of place in considering a comparatively recent Michigan statute authorizing the assignment of rents and profits.
Banks And Banking - Power To Pledge Assets To Secure Private Depositors
Banks And Banking - Power To Pledge Assets To Secure Private Depositors
Michigan Law Review
Plaintiff railway company deposited funds in the national bank of the defendant receiver. Dissatisfied with the guaranty of his deposits by surety bonds, the plaintiff demanded and received from the bank Liberty Loan Bonds, which were deposited with the trust officer of the bank to be held as security for the repayment, on demand, of the deposits. On the insolvency of the bank, the receiver refused to turn over the bonds, whereupon the plaintiff brought an action on the contract of pledge. Held, that the contract of pledge of the bank's assets to secure the private deposit was invalid …
Waters And Watercourses-Right Of Public Passage Along Great Lakes Beaches
Waters And Watercourses-Right Of Public Passage Along Great Lakes Beaches
Michigan Law Review
May the littoral owner whose summer cottage abuts on one of the Great Lakes bring actions of trespass quare clausum against pedestrians who traverse the sand beach which lies at the aquatic terminus of his property? To state the same problem in different form, may he build a lateral line fence designed to exclude the public from that segment of the lake-side beach which he claims as his? The question has never been directly decided by the supreme court of any State, yet it is a source of constant strife between littoral owners who desire privacy and seclusion, and strolling …
Public Utility Valuation - Rate Base
Public Utility Valuation - Rate Base
Michigan Law Review
The California Railroad Commission, in conducting a hearing in 1930 on natural gas rates charged by the Los Angeles Gas and Electric Corporation, found that the "historical value" of the utility was $60,704,000, and that its "fair value" for rate-making purposes was $65,000,000. This fair. value figure included no specific allowance for going concern value. The company's engineers had estimated the fair value at $95,000,000, on the basis of the "present cost of reproduction" theory. The commission, relying on its fair value figure of $65,000,000, ordered a rate reduction. A three-judge federal court refused to enjoin the enforcement of the …
Book Notes And Notices
Michigan Law Review
This department undertakes to list and, when possible, describe briefly current books on law.
Federal Anti-Trust Law And The National Industrial Recovery Act, Howard E. Wahrenbrock
Federal Anti-Trust Law And The National Industrial Recovery Act, Howard E. Wahrenbrock
Michigan Law Review
The economic struggle for existence - the competitive system - which has been principally depended upon to equate the production and consumption of economic goods, is not self-sustaining. Extreme forms of that struggle - engrossing, forestalling, regrating, contracts in restraint of trade, monopoly, unfair competition, to mention some forms at the higher stages of legal development - have had to be restrained by law. Their restriction has been called for to protect the poor and economically weak from oppression by the rich and economically powerful; under a system of complete laissez faire, competition would bring about the elimination of the …
Executive Power In Emergencies, Maurice S. Culp
Executive Power In Emergencies, Maurice S. Culp
Michigan Law Review
The events of the last few months indicate that the American chief executive is capable of vigorous action in emergencies. The executive frequently has to use the armed forces of the State or Nation in the performance of his duty to see that the laws are faithfully executed in troubled districts, but it is a new experience to have the governors and the President take emergency measures in combatting a depression. The banking crisis, which first received executive notice in Nevada last November and which attained alarming proportions with Governor Comstock's "bank holiday" in Michigan, culminated in the national holiday …
State Regulation Of Interstate Motor Carriers, Paul G. Kauper
State Regulation Of Interstate Motor Carriers, Paul G. Kauper
Michigan Law Review
After the decision in Buck v. Kuykendall, the question naturally arose whether a State could require an interstate carrier to obtain a certificate of public convenience and necessity in order to engage in intrastate business. The question is important because it is possible that interstate business cannot be conducted profitably on a given route without the benefit of supplemental earnings derived from intrastate business. No doubt was entertained by state commissions after the Buck case that they could still exercise plenary control over the intrastate operations of interstate carriers, and deny them permission to engage in intrastate business if …
The Emergency Railroad Transportation Act, 1933, Edwin C. Goddard
The Emergency Railroad Transportation Act, 1933, Edwin C. Goddard
Michigan Law Review
From Munn v. Illinois to the Emergency Railroad Transportation Act of 1933 has been a long journey traveled by the public and the public utilities, notably the largest public utility, the railroads. In 1876 the very term "public utility" was unknown. The idea that the public could break in on laissez faire and regulate any business was to the persons regulated, and to their lawyers, odious. With them agreed Justices Field, Brewer, Peckham, and many another, who predicted that the public would not long tolerate such interference with business. But prophecy is hazardous, and these prophets were wrong.
The New Federal Securities Act, John E. Tracy
The New Federal Securities Act, John E. Tracy
Michigan Law Review
A proper understanding of the purposes of this new Act and the reasons for its enactment can probably best be obtained by a short discussion of the manner in which the sale of securities has been regulated prior to this time.
Banks And Banking - Land Contract As Item For Collection Under The Bank Collection Code
Banks And Banking - Land Contract As Item For Collection Under The Bank Collection Code
Michigan Law Review
The petitioner deposited with A Bank a land contract. The bank was to collect payments thereon and remit them to the petitioner. After making two collections amounting to $100, the bank became insolvent and the petitioner sought a preferred claim against all the assets of the bank. The Bank Collection Code (sec. 13 of Act No. 240 of the Public Acts of Michigan, 1931) was the basis of his claim. The trial judge allowed him a preference as to cash assets on hand at the time the receiver took possession. Since it was doubtful whether there would be any cash …
Corporations - Dissenting Stockholder's Suit -Conditional Decree
Corporations - Dissenting Stockholder's Suit -Conditional Decree
Michigan Law Review
The directors and majority stockholders of a Minnesota mining corporation which. needed financing were also the directors and majority stockholders of another Minnesota mining corporation which had a large surplus. They decided to consolidate the two in order to finance the one, offering the stockholders of each corporation a share for share exchange, which would result in the stockholders of the unsuccessful corporation having a 9/16 control of the consolidated corporation. Dissenting stockholders, holding 18/100 of 1% of the total stock in the successful corporation, brought a bill to restrain the consolidation and to have a receiver appointed to take …
Criminal Law And Procedure -The Defense Of Entrapment
Criminal Law And Procedure -The Defense Of Entrapment
Michigan Law Review
A government agent, acting incognito, gained the confidence of the defendant by reminiscing over old war experiences. In the course of the conversation the agent repeatedly urged the defendant to secure for him a quantity of liquor. The defendant repeatedly refused, but finally acquiesced. Held, that there had been an entrapment, the court entering into a discussion of the theory of the defense. Sorrells v. United States, (U.S. 1932) 53 Sup. Ct. 210.
Railroads - Power Of Interstate Commerce Commission To Order Extensions
Railroads - Power Of Interstate Commerce Commission To Order Extensions
Michigan Law Review
After due hearing upon a complaint filed by the Public Service Commission of Oregon asserting a failure to provide adequate transportation facilities to a large and unexploited area within that State, the Interstate Commerce Commission found that public necessity and convenience required the construction of a connecting line 185 miles in length. The Commission also found that the proposed extension, adding 1.2 per cent to the existing mileage of the Union Pacific system and costing approximately $10,000,000, would not seriously affect the ability of that organization adequately to serve the public; and that though the venture might not be profitable …
Torts -Absolute Liability-"Rylands V. Fletcher"
Torts -Absolute Liability-"Rylands V. Fletcher"
Michigan Law Review
The defendant, owner of an 11 acre plot, licensed nomadic caravan dwellers to come on the field and live there. Approximately two to three hundred people were on the land. Some of the group deposited human excrement on the adjoining lands, allowed their horses to trespass upon and foul neighboring lands, were often noisy in returning to the land, and frequently trespassed upon the neighboring land in going to or leaving the plot. Held, in an action for public nuisance, that the defendant was bound to prevent the occupants of his land from committing the acts in question. An …
Trial Practice - Special Appearance To Contest Garnishment
Trial Practice - Special Appearance To Contest Garnishment
Michigan Law Review
The proceeds of an insurance policy payable to the defendant, a non-resident, were attached by garnishment. The defendant, who was served by publication, filed a paper entitled "Special Appearance" to question the jurisdiction of the court over his person and property. The lower court sustained the special appearance on the ground that the proceeds of the policy were exempt from garnishment. Held, that the exemption of the proceeds was not material to the question of jurisdiction in rem, so it should not have been considered on special appearance. Reversed with leave to the defendant to enter a general …
Trusts - For Employees - Definiteness Of Cestui
Trusts - For Employees - Definiteness Of Cestui
Michigan Law Review
The testator by his last will and testament devised a saw mill owned by him to certain trustees, the will reading, "I suggest that my said trustees sell the mill" for a specified price about half the estimated value of the property to a corporation to be organized by "my employees." There was a further provision reading, "I suggest that all the employees who have been in my employment for five years or longer should hold stock in such corporation, should they so desire in such proportions as my trustees shall presence." After the corporation had been organized, the incorporators …
State Regulation Of Interstate Motor Carriers, Paul G. Kauper
State Regulation Of Interstate Motor Carriers, Paul G. Kauper
Michigan Law Review
According to Article 1, section 8, of the Constitution, "The Congress shall have power . . . to regulate commerce . . . among the several States . . . . " Is this provision of the Constitution applicable to interstate motor transportation over a public highway, built, owned, and maintained by a State? The provincial view might have been put forward that because the State owns the highways, therefore it should have exclusive control with respect to the commerce passing over them. Whatever force might have been conceded such a view in the early history of our country, when …
Taxation - Priority Of Realty Taxes In Receivership
Taxation - Priority Of Realty Taxes In Receivership
Michigan Law Review
The question of the priority of realty taxes has seldom arisen in receiverships, for the statutes in practically every jurisdiction have made the tax a lien on the land. The statutes are so worded that the tax lien takes precedence over mortgages, labor liens, and all other forms of encumbrances and claims. In times of greatly depleted land values it may happen that the unpaid taxes amount to more than the market value of the property. In such a case is the State to be treated as a general creditor for the amount of the deficiency or is it to …
Actions-Single Injury To Person And Property As One Cause Of Action
Actions-Single Injury To Person And Property As One Cause Of Action
Michigan Law Review
The plaintiff suffered personal injuries and damage to his truck when the truck which he was driving collided with an automobile driven by the defendant's intestate, the latter being killed instantly by the collision. The plaintiff then brought this action alleging that the collision was caused by the intestate's negligence and asking damages for both personal and property injuries. The defendant contended that since his intestate was killed by the very blow which caused damage to the plaintiff no action lay against the intestate in his lifetime and since there was no statute giving an action against his administrator, the …
Fraudulent Concealment And Statutes Of Limitation, John P. Dawson
Fraudulent Concealment And Statutes Of Limitation, John P. Dawson
Michigan Law Review
In a recent article the writer has discussed a common exception to statutes of limitation - the exception for claims based on undiscovered "fraud." It was there pointed out how useful this exception has been made through the wide definition of "fraud" that is now fully established. By judicial decision "fraud" has been extended far beyond the field of misrepresentation of fact into the twilight zones of "constructive fraud" and out toward the open spaces of naked tort. But some boundaries had to be fixed even to the extension of substantive principles by the painless process of definition. There remained …
Constitutional Law-Force And Effect Of Clauses Providing For Payment Of Private Indebtedness In Gold
Constitutional Law-Force And Effect Of Clauses Providing For Payment Of Private Indebtedness In Gold
Michigan Law Review
A recent English case decided in the Court of Appeal, In re Société lntercommunale Belge D'Eléctricité, Feist v. The Company, suggests questions of interesting application to American constitutional law. In that case a debtor's obligation specified payment "in sterling in gold coin of the United Kingdom of or equal to the standard of weight and fineness existing on September 1, 1928." When payment became due, however, gold was no longer available - England had discontinued gold payments and left the gold monetary standard, gold was subject to being commandeered by the government, and gold coins were redeemable at …
Easements - Creation By Implied Grant-Land Conveyed For A Specific Purpose
Easements - Creation By Implied Grant-Land Conveyed For A Specific Purpose
Michigan Law Review
The defendant owned property next to a lake which he subdivided into residential lots for the purpose of establishing a summer resort colony. In 1924 he sold one of the lots some distance back from the lake to the plaintiff, and during the negotiations for such sale it was represented that all the lots which bordered on the lake, both in front of and on both sides of the plaintiff's lot, would be improved as a park, that no buildings would be put upon them, and that the plaintiff would have a quiet summer home with an unobstructed view of …
Book Notes And Notices
Michigan Law Review
This department undertakes to list and, when possible, describe briefly current books on law.
Constitutional Law-Federal Instrumentality- Mcculloch V. Maryland In Canada And Australia, Alden L. Powell
Constitutional Law-Federal Instrumentality- Mcculloch V. Maryland In Canada And Australia, Alden L. Powell
Michigan Law Review
The British North America Act of 1867 expressly exempts from taxation certain governmental instrumentalities. Section 125 of that Act provides that "no Lands or Property belonging to Canada or any Province shall be liable to taxation." This restriction applies to both Dominion and Provincial governments. W. H. P. Clement writes that this provision was a precautionary measure "to prevent the Dominion from levying taxes for federal purposes upon property held by the Crown for provincial purposes, and vice versa. It would operate no doubt to exempt from custom's duties goods purchased abroad by a provincial government. . . . " …
Subrogation -An Equitable Device For Achieving Preferences And Priorities
Subrogation -An Equitable Device For Achieving Preferences And Priorities
Michigan Law Review
Courts are seldom embarrassed in modern times by the poverty of their resources. On the contrary, with the multiplication of "substantive law" formulae and of new procedural devices, their difficulties more often result from the embarrassment of overwhelming riches. This statement may be best illustrated by a brief review of the equitable devices for achieving preferences and priorities, which have developed so rapidly within the last fifty years and have surmounted almost completely the artificial barriers of legal doctrine. In this field the chief effort of the courts must now be not to develop new machinery, but to reexamine the …