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Michigan Law Review

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Recent Important Decisions Feb 1915

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Book Reviews, Robert E. Bunker, Grover C. Grismore, John B. Waite, Willard T. Barbour Feb 1915

Book Reviews, Robert E. Bunker, Grover C. Grismore, John B. Waite, Willard T. Barbour

Michigan Law Review

A collection of book reviews by multiple authors.


Book Reviews, Edwin C. Goddard, Victor H. Lane Jan 1915

Book Reviews, Edwin C. Goddard, Victor H. Lane

Michigan Law Review

A collection of book reviews by multiple authors.


Neutralization Of Belgium And The Doctrine Of Kriegsraison, Jesse S. Reeves Jan 1915

Neutralization Of Belgium And The Doctrine Of Kriegsraison, Jesse S. Reeves

Michigan Law Review

Anything which Professor Niemeyer has to say in the field of International Law is deserving of serious attention. Under his editorial supervision the ZEITSCHRIFT INTERNATIONALES RECHT has become a valuable factor in the development of International Law in Germany. The foregoing article, which recently appeared in the JURISTICHE WOCHENSCHRIFT, has been translated with his consent with a view to its publication in these pages. The leading thought of the article is to arrive at a justification of Germany's failure to observe the Treaty of London of 1839 from the point of view of International Law. He rests his case (1) …


Comparison Of Some Methods Of Conciliation And Arbitration Of Industrial Disputes, James H. Brewster Jan 1915

Comparison Of Some Methods Of Conciliation And Arbitration Of Industrial Disputes, James H. Brewster

Michigan Law Review

In these times when we see combinations of employers co-operating under trade agreements with combinations of employees to conduct immense industries, we are apt to forget the remarkable development of ideas concerning industrial economy that has occurred within a life-time. It was only eighty years ago that the merchants of Boston met to discountenance and check what were then" regarded as unlawful combinations of workmen formed to protest against the long work day, low wages, and oppressive rules of their masters. The sum of $20,0oo was raised at this meeting of merchants and ship owners to fight the movement for …


Recent Important Decisions Jan 1915

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Note And Comment, Edson R. Sunderland, Roswell B. O'Hara, Arend V. Dubee, Hollis Harshman Jan 1915

Note And Comment, Edson R. Sunderland, Roswell B. O'Hara, Arend V. Dubee, Hollis Harshman

Michigan Law Review

The Proposed Michigan Judicature Act. The Michigan Legislature, at its last session, passed an act (No. 286, Public Acts of 1913) providing for the appointment of a Commission to revise and consolidate the laws of the State relating to procedure. The Governor appointed Alva M. Cummins, J. Clyde Watt, and Mark W. Stevens as members of this commission, and, the result of their labors has just appeared in the form of a proposed bill regulating the entire subject of procedure in all the courts of the State. The bill is a long one, embracing 565 printed pages, but it is …


New Interpretation Of The Sherman Act, Clarence E. Eldridge Dec 1914

New Interpretation Of The Sherman Act, Clarence E. Eldridge

Michigan Law Review

What has been said in the preceding part of this discussion addresses itself to the proposition that the SHERMAN Act does not mean what the District Court assumed it to mean. Naturally, such a negative discussion must be preliminary to a consideration of the more .comprehensive question "What does the SHERMAN ACT mean?" For, of course, even if the theory of the law upon which the District Court based its judgment was erroneous, still that fact would be of little or no practical importance if any tenable theory of the law were to justify the judgment.


Law's Delays, Grant Foreman Dec 1914

Law's Delays, Grant Foreman

Michigan Law Review

A Gentleman of an acquisitive nature was adventuring about a large city seeking what he might turn to quick profit. Contact with the so-called font of justice gave him an idea, following which he opened up a quiet brokerage business. Perceiving a demand for jurors who would decide a case favorably, to the side that was willing to pay a decent price, he set about supplying that demand. The trade mark on his goods was a pin stuck in the lapel of the coat in such" fashion that in the jury box they would Without ostentation be recognized by his …


Note And Comment, Henry Rottschaefer, Walter Mckenzie, Karl J. Mohr, John G. Cedergren, J G. Tucker Jr Dec 1914

Note And Comment, Henry Rottschaefer, Walter Mckenzie, Karl J. Mohr, John G. Cedergren, J G. Tucker Jr

Michigan Law Review

The Use of Multiple in Determining the Value of Railroad Lands - The case of Chicago & N. W. Ry. Co. v. Smith et al., decided by the United States District Court for the District of South Dakota and reported in 21o Fed. 632, contains an interesting suggestion as to the means to be employed in determining the value of lands used for railway purposes, which 'Was not, however, accepted by the court.


Recent Important Decisions Dec 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


New Interpretation Of The Sherman Act, Clarence E. Eldridge Nov 1914

New Interpretation Of The Sherman Act, Clarence E. Eldridge

Michigan Law Review

Generally speaking, there never has been any serious disagreement as to the purpose of the SHERMAN ACT. Everyone -friends and foes, judges and economists, lawyers and laymen- admits that it was enacted with a view to foster competition, or, as Justice HARLAN put it in the Northern Securities case,' "to prescribe the rule of free competition."


New Probation Law Of Michigan, Charles B. Collingwood Nov 1914

New Probation Law Of Michigan, Charles B. Collingwood

Michigan Law Review

Nothing connected with the work of a circuit judge demands more thoughtful consideration or occasions him more anxiety than the punishment to be meted out to the men and women who have violated the laws of the state. In almost every other matter there is an opportunity for review by an appellate court. Where litigants differ widely from the decision of the circuit court it is altogether likely that there will be an appeal and the matter will be finally adjudicated by another court. But from the sentence given to one who has plead guilty, or has been found guilty …


Some Myths Of The Law, Walter Clark Nov 1914

Some Myths Of The Law, Walter Clark

Michigan Law Review

When I was a child, I spake as a child, I understood as a child, I thought as a child; but when I became a man, I put away childish things." These words of the great Apostle to the Gentiles apply to every calling and to every profession under the sun save only that of the law.


Note And Comment, Joseph H. Drake, Hollis Harshman, Marcy K. Brown, Leslie C. Mcclelland Nov 1914

Note And Comment, Joseph H. Drake, Hollis Harshman, Marcy K. Brown, Leslie C. Mcclelland

Michigan Law Review

The Law School opens with an attendance of 500, the decrease from last year's numbers (on account of the increased requirements for admission) being less than was anticipated.


Recent Important Decisions Nov 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Front Matter, University Of Michigan Law School Jun 1914

Front Matter, University Of Michigan Law School

Michigan Law Review

Front Matter for Michigan Law Review Vol 12 (1913-1914)


Lay Tradition As To The Lawyer, Roscoe Pound Jun 1914

Lay Tradition As To The Lawyer, Roscoe Pound

Michigan Law Review

We all know the lay tradition as to the lawyer. Mike Monaghan rhymes lawyer with trier. He tells us that the Probate Court is instituted to see that "iviry mimber of the bair gits a fair chanct at phwat the dicaysed didn't take wid 'im." In the timeworn anecdote of the epitaph "here lies an honest lawyer" everyone is ready to say, "that's Strange."' Laymen, who, sitting as arbitrators, will insist on technicalities which the law would instantly reject, and in corner-grocery discussions will argue that a contract signed with a lead pencil is void for informality, are quite sure …


Expensive Futility Of The United States Trade Mark Statute, Edward S. Rogers Jun 1914

Expensive Futility Of The United States Trade Mark Statute, Edward S. Rogers

Michigan Law Review

Every lawyer of much experience knows the client who tip-toes into his office, closes the door carefully, and with a great show of secrecy announces that he has discovered or invented the best name for a soda cracker, a patent medicine, a soft drink, or what not, that human ingenuity ever conceived. He wants it protected before any one can steal it from him. He wants it "Copyrighted." This is the expression most commonly used. He seems to be under the impression that some incantation can be performed by means of which he will be able to secure to himself …


Recent Important Decisions Jun 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Book Reviews, Horace L. Wilgus, Joseph H. Drake Jun 1914

Book Reviews, Horace L. Wilgus, Joseph H. Drake

Michigan Law Review

A collection of book reviews by multiple authors.


Note And Comment, Harry W. Lippincott, John S. Kelley Jr, George E. Kennedy, Louis R. Lackey Jun 1914

Note And Comment, Harry W. Lippincott, John S. Kelley Jr, George E. Kennedy, Louis R. Lackey

Michigan Law Review

Mutuality in Automobile Agency Contracts - Within the past few years several courts have had to pass upon and construe argreements between the manufacturers and the selling-agents of automoobiles, which have necessitated a thorough discussion of the principles of mutuality of obligation of contracts. The attempt to reach a correct solution has developed a vigorous difference of opinion on the subject in some recent cases which it may be of interest to discuss and compare.


Constitutional Background Of The Recent Japanese Anti-Alien Land Bill Controversy, Harriette M. Dilla May 1914

Constitutional Background Of The Recent Japanese Anti-Alien Land Bill Controversy, Harriette M. Dilla

Michigan Law Review

The recent contention between the Federal Government and the state of California over the anti-alien land measure raised anew the question as to the conflict of state action with treaty stipulations. It is a problem which, under our constitutional system, may arise at any time and demand an individual solution in every instance. The dilemma which has presented itself repeatedly in American history is this: the states have the reserved right to provide for their public welfare and may exercise their police powers even against a foreign country, while to the Federal Government has been delegated the exclusive jurisdiction over …


Recent Important Decisions May 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Book Reviews, Victor H. Lane, George Sunderland, Hessel E. Yntema May 1914

Book Reviews, Victor H. Lane, George Sunderland, Hessel E. Yntema

Michigan Law Review

A collection of book reviews by multiple authors.


Ontario Courts And Procedure, Herbert Harley Apr 1914

Ontario Courts And Procedure, Herbert Harley

Michigan Law Review

I cannot cover this part of the subject better than by quoting literally: "There are two classes of practitioners, barristers and solicitors. A lawyer must belong to one; most belong to both. The barrister alone can conduct a case at trial; the solicitor alone files pleadings."


Notes On Some Interesting Wills, Sidney T. Miller Apr 1914

Notes On Some Interesting Wills, Sidney T. Miller

Michigan Law Review

In treating of this subject no attempt is made to deal with wills analytically or with much technicality. Rather is it the writer's aim to call attention briefly to some wills, ancient or modern, which stand out from the great mass for one reason or another. It would be easy to enlarge this into a treatise on the general theories of will-making; of the customs of different times and localities which sanctioned this or that form,-of nuncupative wills, holographic wills, and the secret or mystic testament provided for by the Louisiana Code, which is sealed up by the testator and, …


Recent Important Decisions Apr 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Note And Comment, Charles Weintraub, William F. Spikes, Paul B. Barringer Jr, Stuart S. Wall, Ralph W. Aigler Apr 1914

Note And Comment, Charles Weintraub, William F. Spikes, Paul B. Barringer Jr, Stuart S. Wall, Ralph W. Aigler

Michigan Law Review

A Partnership as a Farmer in Bankruptcy - After much uncertainty and difference of opinion among the courts as to the position of Partnerships under the Bankruptcy Act certain phases of the problem were set at rest by the Supreme Court in Francis v. McNeal. By that case it seems to have been authoritatively settled (1) that in determining the solvency or insolvency of a partnership the individual estates available for payment of firm debts are to be considered, and (2) that an adjudication of the firm as such draws into the proceeding the administration of the estates of members …


Ontario Courts And Procedure, Herbert Harley Mar 1914

Ontario Courts And Procedure, Herbert Harley

Michigan Law Review

The progress made in England under the Judicature Acts of 1873 and 1875, with occasional revisions of procedure, has a deep interest for the American lawyer in search of judicial efficiency. In recent years a number of our lawyers have studied the English courts at first hand and upon their return have spread the news of great accomplishments in the home of the common law. These enthusiastic reports have been subjected to incisive criticism, so that controversy has arisen, and it has been difficult to determine to what extent inference from undoubted facts would apply to our own unsettled conditions. …