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Judgment Against Shylock In The Merchant Of Venice, Thomas Niemeyer
Judgment Against Shylock In The Merchant Of Venice, Thomas Niemeyer
Michigan Law Review
This subject has already received the attention of jurists. In 1872 von Jhering in his famous lecture "The Struggle for Law"' criticised severely the established admiration of the speech of Portia. von Jhering attacked this speech with great vigour and indeed spoke of it as a miserable subterfuge - the rabulous trick of a pettifogger. He finds that through this speech a truly tragic lot befell Shylock; a fate brought about by the usurer's lawful struggle for his rights, and through which the law of Venice was transfigured.
Note And Comment, Edwin C. Goddard, Edgar N. Durfee, Thomas H. Westlake
Note And Comment, Edwin C. Goddard, Edgar N. Durfee, Thomas H. Westlake
Michigan Law Review
The Death of Dean Thayer - The death on September 15th of Ezra Ripley Thayer, dean of the Harvard Law School, has brought irreparable loss not only to the institution which he had brilliantly served, but to the cause of legal education throughout the country. Dean Thayer was the rarely fine product of conditions and environment which have been perhaps the most richly fruitful that our nation has known. The son of a most distinguished legal scholar and teacher, he grew up in association with much that was best and most inspiring in Massachusetts and in the great university from …
Front Matter, University Of Michigan Law School
Front Matter, University Of Michigan Law School
Michigan Law Review
Front Matter for Michigan Law Review Vol 14 (1915-1916)
Bill For The Nationalization Of Railroads, William W. Cook
Bill For The Nationalization Of Railroads, William W. Cook
Michigan Law Review
The great Mississippi Valley from the Alleghanies to the Rockies and from the Lakes to the Gulf dominates the Federal Government. It sends 231 of the 435 Representatives and 48 of the 96 Senators to Congress. In its confines are 24 of the 48 states. It has an area of over a billion acres of land-over one-half of the United States. It has fifty million people-over one-half of the nation. Some day it will have two hundred and fifty million. It contains a new race of men-fused of many nations-strong, enduring, resilient.' To it and the South, as Elihu Root …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Book Reviews, John R. Rood, Willard T. Barbour, Edwin C. Goddard
Book Reviews, John R. Rood, Willard T. Barbour, Edwin C. Goddard
Michigan Law Review
A collection of book reviews by multiple authors.
Book Reviews, Alfred H. Lloyd, Robert E. Bunker, John B. Waite, Evans Holbrook
Book Reviews, Alfred H. Lloyd, Robert E. Bunker, John B. Waite, Evans Holbrook
Michigan Law Review
A collection of book reviews by multiple authors.
Powers Of American Religious Corporations, Carl Zollmann
Powers Of American Religious Corporations, Carl Zollmann
Michigan Law Review
Religious corporations in the United States have assumed various shapes. The original two forms, (corporation sole and territorial parish) being unsuited to our conditions, have completely passed away. In their stead have grown up four other classes, the aggregate corporation, the trustee corporation, the modern form of the corporation sole, and the Roman Catholic Church in our insular possessions. These four kinds of corporations, however diverse they may be in their history and otherwise, have a number of important qualities in common. None of them are ecclesiastical corporations in the European sense of the word. All of them owe their …
Procedural Reform, Robert Mcmurdy
Procedural Reform, Robert Mcmurdy
Michigan Law Review
In legal fetters, bound upon us largely by our own consent, the profession struggles, afraid to free itself, partly because of the word reform with its accepted implications.
Note And Comment, John B. Waite, Henry Rottschaefer, Roswell B. O'Harra, Leslie C. Mcclelland, Russell B. James, Hollis Harshman
Note And Comment, John B. Waite, Henry Rottschaefer, Roswell B. O'Harra, Leslie C. Mcclelland, Russell B. James, Hollis Harshman
Michigan Law Review
The Completion of a Contract by Posting of Acceptance - In the recent case of Kennedy Mcrcantile Co. v. Western Union Telegraph Co., the court says, "It is well settled law in this state that,where an offer is submitted by letter, an acceptance is conclusive and binding when a letter is deposited in the post-office accepting the same. The delivery to the one making the offer is not the test; for when the offer is submitted in that way it is equivalent to an invitation to accept by the same means, and when the acceptance is delivered to the agency …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Classes Of American Religious Corporations, Carl Zollmann
Classes Of American Religious Corporations, Carl Zollmann
Michigan Law Review
The right of churches to incorporate has been universally conceded in the United States, except in Virginia and West Virginia, under whose constitutions the legislature is forbidden to grant any "charter of incorporation" to "any church or 'religious denomination."' Nor is such concession a recent one. Churches have exercised corporate rights from. the earliest period of the American law. The forms under which this has been done, however, have been quite dissimilar. Five distinct classes of corporations are discernible, the first of which is entirely extinct, the second survives only in an altered form, the third is limited in area, …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Nature And Importance Of Legal Possession, Joseph W. Bingham
Nature And Importance Of Legal Possession, Joseph W. Bingham
Michigan Law Review
The careful student of our law of property needs no demonstration of the importance of legal possession. From before the date of the earliest year book the word possession and its synonym seisin have pervaded legal language and have signified matters of great consequence in the decision of cases. "In the history of our law," say Pollock and Maitland, "there is no idea more cardinal than that of seisin. Even in the law of the present day it plays a part which must be studied by every lawyer; but in the past it was so important that we may almost …
Some Sociological Aspects Of Criminal Law, Harriette M. Dilla
Some Sociological Aspects Of Criminal Law, Harriette M. Dilla
Michigan Law Review
There is a vast need for something that will sometime be written upon the subject of Sociology as a basis of Criminal Law and Procedure. The science of what may be termed Sociological Jurisprudence is in an embryonic state at present and the nearest approach perhaps is what we call Criminal Sociology or Criminology. The progress of this study has been rapid but we may still hope for .a more general application of principle! to practice. It is true that readjustment in law is more difficult than in other fields, as necessary formalities of procedure often seem to impose unreasonable …
Note And Comment, Edwin C. Goddard, John G. Cedergren, Henry C. Bogle, Henry Rottschaefer, Marcy K. Brown
Note And Comment, Edwin C. Goddard, John G. Cedergren, Henry C. Bogle, Henry Rottschaefer, Marcy K. Brown
Michigan Law Review
Limitation as to the Amount of Liability for Loss of Goods by Carriers - A carload of automobiles was shipped by express, under an express receipt limiting recovery to $50, unless a greater value was named and a greater carrying charge paid. The shipper knew of this stipulation, and deliberately chose the restricted liability so as -to secure the lower rate. On a suit for loss of the automobiles, recovery was limited to $5o. Geo. N. Pierce Co. v. Wells Fargo & Co., I89 Fed. 561, commented on in 10 MICH. L. RSv. 317. The United States Supreme Court has …
Year Book Of Richard Ii, John M. Zane
Year Book Of Richard Ii, John M. Zane
Michigan Law Review
The Publication of a year book in this country is an event for our legal scholarship. The trustees of the Ames Foundation in a spirit that is Worthy of the great legal scholar in whose honor the foundation was instituted, have made the publication possible, but it is to be inferred from the Introduction by the Editor that the book was not prepared at their instance. He tells us that he has had, for correcting various inaccuracies, the assistance of certain members of the Harvard law faculty, but it is not to be supposed that they have given a critical …
International Status Of The Grand Duchy Of Luxemburg And The Kingdom Of Belgium In Relation To The Present European War, Theodore P. Ion
International Status Of The Grand Duchy Of Luxemburg And The Kingdom Of Belgium In Relation To The Present European War, Theodore P. Ion
Michigan Law Review
The case of Belgium presents an entirely different aspect both from the legal and the political point of view. While the guarantee of the neutrality of Luxemburg interests---or interested at the time of the signature of the Treaty of 1867 -- France and Prussia only, and the other contracting parties (and particularly Great Britain) acceded to it, to use the "'reluctantly," words of Lord Stanley, that of Belgium had and has an entirely different character so far as England is concerned. It affects her vital interests, namely, her own security. Hence the difference in the wording of the instrument guaranteeing …
Conveyancing In The Province Of Quebec, Howard S. Ross
Conveyancing In The Province Of Quebec, Howard S. Ross
Michigan Law Review
A solicitor who has had experience as a conveyancer in any of the other Canadian provinces is at first disappointed when he finds on coming to Quebec to practice that in Quebec the bulk of the conveyancing is done by Notaries who, as is well known, belong to a distinct profession founded on the French Notarial system. An Advocate may not be a Notary or a Notary an Advocate, at one and the same time. In a few cases young men take the examinations and qualify as Advocates and Notaries and then elect. Occasionally after practicing a number of years …
Note And Comment, Henry M. Bates, Evans Holbrook, Will R. Roberts, Marcy K. Brown Jr, Allen M. Reed
Note And Comment, Henry M. Bates, Evans Holbrook, Will R. Roberts, Marcy K. Brown Jr, Allen M. Reed
Michigan Law Review
Legislative Power to Restrict Freedom of Labor Contracts -The struggle between the police power of the legislature and the nineteenth century idea of due process of law continues unremittingly. That increasing social necessities and a more comprehensive and perfect conception of justice have resulted in recent years in restricting the "due process" clauses in federal and state constitutions to their historically and logically more correct meaning and scope there can be no doubt. Scores, if not hundreds, of decisions by our courts and conspicuously those of the United States Supreme Court have shown complete recognition of the fact that the …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Observations On The Law Of Evidence, Ezra Ripley Thayer
Observations On The Law Of Evidence, Ezra Ripley Thayer
Michigan Law Review
Complaints of the administration of justice have been many of late, and the law of evidence has had its full share. Our profession ought to listen to such complaints with an open mind and a temper free from prejudice or irritation; and if we are honest with ourselves we may realize that it will take an effort to attain this serene and candid intellectual atmosphere. Conservatism is a natural and proper attribute of our profession. Law, as has been finely said, "embodies beliefs that have triumphed in the battle of ideas, and then have translated themselves into action; while there …
International Status Of The Grand Duchy Of Luxemburg And The Kingdom Of Belgium In Relation To The Present European War, Theodore P. Ion
International Status Of The Grand Duchy Of Luxemburg And The Kingdom Of Belgium In Relation To The Present European War, Theodore P. Ion
Michigan Law Review
The International status of the Grand Duchy of Luxemburg and J-of the Kingdom of Belgium, through whose territory the army of Kaiser William II marched, in order, to use the expression of Grotius, "to meet the enemy," has been, since the outbreak of the present European war, the crucial point of discussion between the diplomatists and publicists of the belligerents, each trying to impress upon the neutral public the justice of the cause of their country.
Note And Comment, Ralph W. Aigler, John R. Rood, Henry Rottschaefer, Allen M. Reed
Note And Comment, Ralph W. Aigler, John R. Rood, Henry Rottschaefer, Allen M. Reed
Michigan Law Review
Revocability of Licenses - The Rule of Wood v. Leadbitter - That a mere license purporting to create in the licensee a new right or privilege is revocable at law at the will of the licensor seems to have been definitely settled in England by Wood v. Leadbitter. It was there held that the plaintiff who had entered the close of the defendant's master after the purchase of a proper ticket could be -forcibly ousted, notice having been first given that he should leave. The only remedy open to the ousted ticket holder-in law at least-no excessive violence having been …
Some Needed Reforms In The Methods Of Selecting Juries, Willis B. Perkins
Some Needed Reforms In The Methods Of Selecting Juries, Willis B. Perkins
Michigan Law Review
For the purpose of comparison and in a measure as a justification for some of the conclusions reached, I will premise what I have to say by a general review of the practice of securing juries in England.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Book Reviews, Willard T. Barbour, Edson R. Sunderland
Book Reviews, Willard T. Barbour, Edson R. Sunderland
Michigan Law Review
A collection of book reviews by multiple authors.
Early History Of Equity, W S. Holdsworth
Early History Of Equity, W S. Holdsworth
Michigan Law Review
Mr W. T. BARBOUR'S Essay on the History of Contract in early English Equity, which has been published this year in Oxford Studies in Social and Legal History, is one of the most, if not the most, valuable of the contributions to English Legal History which has yet appeared in that series. Mr. BARBOUR is to be congratulated on his first appearance in a field in which the harvest, though somewhat difficult to collect, is very abundant,-- in a field in which the labourers are all too few. I think too that the Essay is important not only because it …
Liability To Third Persons Of Associates In Defectively Incorporated Associations, Joseph L. Lewinsohn
Liability To Third Persons Of Associates In Defectively Incorporated Associations, Joseph L. Lewinsohn
Michigan Law Review
The principles underlying the obligations to third persons of the members of defectively incorporated associations, are few and not difficult of apprehension. Yet there is hardly a topic in the law of private corporations upon which the views of both courts and theoretical writers dre in more disagreement. This disagreement is concerned largely with three questions, namely: What is the basis and scope of the doctrine of de facto corporations? Are persons dealing with the associates on a corporate basis estopped to deny the corporate character of the association? Are the associates ipso facto liable as partners? Upon all of …
Note And Comment, Hollis Harshman
Note And Comment, Hollis Harshman
Michigan Law Review
Breach of Landlord's Covenant as Defense to Action for Rent - It is undoubtedly well settled that if the agreement to pay rent is dependent upon the performance by the landlord of some undertaking on his part, the failure by the landlord so to perform is a good defense to an action for the rent. It is equally well settled that if the agreements are independent such failure by the landlord is no defense. The difficulty arises in determining whether the agreements are dependent or independent. That question is one of construction, and it cannot be expected that all the …