Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (7570)
- Constitutional Law (1622)
- Supreme Court of the United States (792)
- State and Local Government Law (787)
- Courts (705)
-
- Legislation (648)
- Legal History (562)
- Criminal Law (501)
- Legal Writing and Research (482)
- Torts (480)
- Contracts (474)
- Labor and Employment Law (463)
- Property Law and Real Estate (446)
- Civil Rights and Discrimination (426)
- Estates and Trusts (424)
- Jurisdiction (419)
- Criminal Procedure (395)
- Evidence (378)
- Tax Law (370)
- Fourteenth Amendment (354)
- Administrative Law (331)
- Business Organizations Law (327)
- Law and Society (322)
- Commercial Law (301)
- Litigation (283)
- Comparative and Foreign Law (279)
- Law and Race (278)
- Securities Law (278)
- Civil Procedure (268)
- Banking and Finance Law (262)
- Keyword
-
- United States Supreme Court (383)
- History (208)
- Due process (184)
- Constitution (166)
- Treatises (157)
-
- Judicial review (150)
- Liability (147)
- Publications (146)
- Michigan (144)
- Book reviews (137)
- Fifth Amendment (131)
- Race and law (122)
- Law reform (114)
- Regulation (113)
- State courts (113)
- Negligence (109)
- Federal courts (108)
- Fraud (108)
- New York (102)
- Interstate commerce (95)
- Lawyers (95)
- Racism (92)
- Corporations (88)
- Federalism (81)
- Freedom of speech (80)
- England (79)
- Congress (73)
- Trials (73)
- Women (73)
- Clayton Act (71)
- Publication Year
- File Type
Articles 5851 - 5880 of 8432
Full-Text Articles in Entire DC Network
International Law - Sovereign Immunity - Immunity From Suit Of Funds Belonging To A Political Subdivision Of A State, Wilbur Jacobs
International Law - Sovereign Immunity - Immunity From Suit Of Funds Belonging To A Political Subdivision Of A State, Wilbur Jacobs
Michigan Law Review
Plaintiff, the holder of bonds of defendant, the state of Sao Paulo, one of the federated states of the United States of Brazil, attached funds belonging to the defendant and deposited them in a New York bank to meet payments on the bonds. During the depression there had been a general default by Brazil and its states on their external debts because of the unfavorable trade conditions and consequent lack of dollar exchange. The Aranha plan was devised in 1934 to combat these conditions through control of foreign exchange. Each state was required to deposit with the Bank of Brazil …
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-five 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.
United States - Contracts - Effect, When Tax Is Declared Unconstitutional, Of Provisions For Increase Or Decrease Of Purchase Price For Taxes "Imposed" Or "Changed", Wilbur Jacobs
Michigan Law Review
Between May 1935 and January 1936 the federal government purchased flour from respondent through contracts which contained a so-called "up and down" tax clause. The basic price charged included the A.A.A. processing taxes. During this same period respondent obtained an injunction against the collection of said processing taxes and, as a result of the decision of the Supreme Court in United States v. Butler, was relieved of liability for the tax. In a later suit brought by respondent in the Court of Claims to recover on other contracts, the government claimed a setoff for the amount of these taxes. …
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-five leading law reviews.
The New Schoolmaster In Finance, Hiram L. Jome
The New Schoolmaster In Finance, Hiram L. Jome
Michigan Law Review
The purpose of this article is to present the attitude and views of the Securities and Exchange Commission on various financial problems. Several phases of the commission's thinking are in the writer's opinion extreme and questionable, or even unsound. Its actions have not always been consistent with its official views. Since the writer's purpose, however, has been merely to describe and not to criticize, no attempt has been made to appraise the work of the commission.
Bankruptcy-Effect Of Rule Of Erie Railroad V. Tompkins On Priorities In Federal Bankruptcy Proceedings, Michigan Law Review
Bankruptcy-Effect Of Rule Of Erie Railroad V. Tompkins On Priorities In Federal Bankruptcy Proceedings, Michigan Law Review
Michigan Law Review
A company engaged in the mortgage-guaranty business became bankrupt, the respondent being the successor company resulting from reorganization proceedings under section 77B of the Bankruptcy Act. The original company had loaned money secured by a bond and mortgage and then sold certificates to the public representing undivided shares in the mortgage, the certificates being guaranteed by the same company. The mortgagor having defaulted, the controversy in the principal case arose because the now bankrupt company had before bankruptcy repurchased two of the certificates, acquired title to a third, and held the balance of the loan for which no certificates had …
Municipal Corporations - Waters And Watercourses - Eminent Domain - Pollution Of Water As A "Taking" Of Private Property, Brooks F. Crabtree
Municipal Corporations - Waters And Watercourses - Eminent Domain - Pollution Of Water As A "Taking" Of Private Property, Brooks F. Crabtree
Michigan Law Review
Plaintiff sued defendant city for damages caused his land by the continual discharge of raw sewage into the river about one-half mile above plaintiff's land. The pollution rendered the water of the river unfit for domestic use and deleterious to health. Held, that although the plaintiff failed to allege the necessary elements for a tort action against a municipality, under the Washington statute, he stated a valid cause of action for damages under article I, section 16 of the Washington Constitution which states that "No private property shall be taken or damaged for public or private use without just …
Taxation-- Use Tax--Collection By A Foreign Corporation--Inapplicable Where Foreign Corporation Makes Strictly Interstate Sales, Michigan Law Review
Taxation-- Use Tax--Collection By A Foreign Corporation--Inapplicable Where Foreign Corporation Makes Strictly Interstate Sales, Michigan Law Review
Michigan Law Review
The Michigan Use Tax Act requires every seller of tangible personal property for storage, use or other consumption in the state of Michigan, engaged in the business of selling at retail in Michigan, to collect the tax imposed by the act. Plaintiff is an Illinois corporation operating a merchant tailoring establishment in Chicago. It takes orders in Michigan, from residents, for clothes, fills the orders in Chicago and, by agreement, the title to the clothes is vested in the purchaser upon delivery in Chicago to an interstate carrier. It maintains a branch office in Detroit where samples are kept, salesmen …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 40, Issue 5 of Michigan Law Review
Constitutional Law - State Control Of Interstate Migration Of Indigents, Edward W. Adams
Constitutional Law - State Control Of Interstate Migration Of Indigents, Edward W. Adams
Michigan Law Review
The interstate migration of persons presents the United States with one of its most acute economic and social problems and carries in its wake a series of significant legal questions. Of paramount importance is the constitutional question whether the migration of indigents is subject to state control. To lend understanding to this problem, attention will be called first to the basic economic and social urges underlying interstate migration and second to the position of the indigent as defined by traditional legal concepts. To complete the discussion, suggestions will be offered for corrective federal legislation.
Taxation Of Partnership Assets Received By A Deceased Partner And His Estate, Donald H. Treadwell
Taxation Of Partnership Assets Received By A Deceased Partner And His Estate, Donald H. Treadwell
Michigan Law Review
The raising of funds to pay taxes will probably be a major problem of business men for many years to come. Closely rivaling it, however, is the problem of computing the tax. Though the economic definitions of income may be relatively simple, the complex business relationships necessitating equally complex accounting procedures often make the computation of income extremely difficult. This was demonstrated in the recent case of Helvering v. Enright's Estate, a tax case arising out of the death of a law partner. At the time of his death there were three types of assets which had been acquired …
Italian Administrative Courts Under Fascism, Paul B. Rava
Italian Administrative Courts Under Fascism, Paul B. Rava
Michigan Law Review
Observers not wholly familiar with the administration of the present government of Italy are generally surprised by the fact that the Council of State, the supreme administrative court, is still an operating body after more than eighteen years of blackshirt revolution and domination. It seems strange that a dictator should have preserved this agency, which was established in order to bring justice into public administration, and which rapidly became the principal guardian of individual rights against administrative arbitrariness. One asks how the Council of State can, in a totalitarian state, continue to exercise its functions of administrative court and of …
Transactions Of The Supreme Court Of The Territory Of Michigan: A Review, Francis S. Philbrick
Transactions Of The Supreme Court Of The Territory Of Michigan: A Review, Francis S. Philbrick
Michigan Law Review
Of the colonial documents that record the legal origins of our original states, those of Maryland have been published in relatively generous but still inadequate number, while collections for other states are still scantier. A sampling is all that a multiplicity of destructive agents have left us as a possibility. The hope, however, has recently become permissible that an awakened interest among lawyers may secure us, for publication, an expert sampling in place of that made by fire, vermin, mould, and official neglect in leaving us the records still surviving, and that lawyers may also give us proper editions of …
Constitutional Law - State Proration Acts - Regulation Of Production When Sales Are Largely Interstate, Michigan Law Review
Constitutional Law - State Proration Acts - Regulation Of Production When Sales Are Largely Interstate, Michigan Law Review
Michigan Law Review
The plaintiff, a raisin packer in the state of California, was prevented from purchasing in open market to fill his out-of-state orders because of the California Agricultural Proration Act. By its provisions the producers of raisin grapes are required to turn over seventy per cent of their produce to state "pools." The remaining thirty per cent may be sold without restriction, providing the producer holds certificates issued by a commission. Packers are permitted to purchase only from such certificate holders. These packers operate within California, buying from producers and selling to jobbers, wholesalers, brokers, etc., for resale to the public. …
Constitutional Law -- Due Process -- Price-Fixing, Michigan Law Review
Constitutional Law -- Due Process -- Price-Fixing, Michigan Law Review
Michigan Law Review
A Nebraska statute required the licensing of private employment agencies and limited maximum compensation for services rendered to ten per cent of the first month's salary or wages of the person for whom employment was obtained. In this case the Secretary of Labor of Nebraska refused to issue a license because of the applicant's refusal to limit its compensation to the statutory maximum. In a suit for a peremptory writ of mandamus to compel the issuing of the license, the Secretary of Labor relied on the statute. In reliance on Ribnik v. McBride, the Supreme Court of Nebraska, with …
Oil And Gas - Interpretation Of Lease Containing Royalty Provisions, Brooks F. Crabtree
Oil And Gas - Interpretation Of Lease Containing Royalty Provisions, Brooks F. Crabtree
Michigan Law Review
Several of the plaintiffs owned oil-producing land in Oklahoma and had leased it to one Briggs. The lease ran for a fixed term and "so long thereafter as oil or gas may be produced therefrom by the lessee." It provided for a royalty payment to the lessor of one-eighth of the oil or gas produced, and gave the lessee the right "at any time" to remove all machinery and equipment placed on the premises, including the right to draw and remove the casing. Briggs sold the equipment thereon to defendant and later sold the lease itself to one of the …
Torts - Right Of Privacy - Economic Exploitation Of Name, Michigan Law Review
Torts - Right Of Privacy - Economic Exploitation Of Name, Michigan Law Review
Michigan Law Review
Defendant, a department store, signed plaintiff's name without his knowledge or consent to a telegram which it caused to be sent to the governor of Oregon. The telegram urged the veto of a bill which, had it become law, would have prevented defendant from continuing the practice of optometry. Plaintiff brought suit to recover damages for the invasion of his right of privacy. Held, on appeal from the lower court's judgment sustaining defendant's demurrer, that the complaint stated a cause of action. Hinish v. Meier & Frank Co., (Ore. I94I) I I3 P. (2d) 438.
Taxation - Income Tax - A Fixed Investment Trust As A Taxable Association, Harry M. Nayer
Taxation - Income Tax - A Fixed Investment Trust As A Taxable Association, Harry M. Nayer
Michigan Law Review
Bonds of a prescribed kind were deposited in an investment trust with defendant, who issued certificates representing equal undivided interests in the trust corpus. Additional interests were created by the deposit of eligible bonds and sufficient cash to make up the current value of an interest, and all such bonds and cash were commingled. The depositor was not confined in making up the new units to the same kinds of bonds that were used in the original units, but could vary them in his discretion. The depositor could order the elimination of unsound bonds by sale, and the proceeds of …
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.
Wills - Devise Or Bequest On Condition That Devisee Pay Debts Or Legacies, Stark Ritchie
Wills - Devise Or Bequest On Condition That Devisee Pay Debts Or Legacies, Stark Ritchie
Michigan Law Review
It is not an uncommon practice for a testator to make a gift on the condition that the devisee pay to other legatees certain sums specified by the will. For example, testator devises Blackacre to A on the condition that A pay to B $500. Simple as the plan may seem at first glance, it has given rise to several complex questions regarding the legal relationship between A and B. Is A personally liable to B? If there is a personal liability, is A obligated to pay $500 even though Blackacre may have so depreciated in value that …
Banks And Banking - Immunity Of National Banks From State Escheat Statute, Spencer E. Irons
Banks And Banking - Immunity Of National Banks From State Escheat Statute, Spencer E. Irons
Michigan Law Review
A Michigan statute provided that bank deposits, in the possession or control of insolvent banks, which have remained inactive for a period of seven years or more shall escheat to the state. In a suit for a declaratory judgment, filed by the Attorney General of Michigan, against the receiver of an insolvent national bank and the Comptroller of the Currency of the United States, the federal district court held that the receiver must turn over deposits coming within the terms of the statute. Held, the statute is invalid if so applied, since it would constitute an unlawful interference with …
Constitutional Law - Due Process Of Law - Freedom Of Expression In Commercial Handbills, Edward W. Adams
Constitutional Law - Due Process Of Law - Freedom Of Expression In Commercial Handbills, Edward W. Adams
Michigan Law Review
Petitioner desired to display for profit a privately owned submarine. Upon application, he was denied permission to tie up at the New York City docks, and so he obtained permission to use state-owned docks. He petitioned the police commissioner for permission to distribute handbills advertising his display, but because of a New York City ordinance providing that any handbill which was commercial in nature could not be circulated, this was refused. Petitioner then prepared a handbill with commercial matter referring to the display on one side, and on the other side a protest against the city's refusal to allow petitioner …
Municipal Corporations - Zoning Ordinances - Aesthetic Considerations Under The Police Power, Charles J. O' Laughlin
Municipal Corporations - Zoning Ordinances - Aesthetic Considerations Under The Police Power, Charles J. O' Laughlin
Michigan Law Review
Plaintiff brought suit to enjoin the enforcement of the zoning laws of the city of Miami Beach. His property was in a zone reserved for apartment hotels and first-class family residences, but adjacent to an area in which business structures were allowed. Plaintiff sought to erect structures of a business character on his property, despite the zoning law. Held, the zoning law is sustained, for plaintiff's property rights must yield to the interest of the community in maintaining the attractiveness of this resort area. City of Miami Beach v. Ocean & Inland Co., (Fla. 1941) 3 So. (2d) …
Constitutional Law-Taxation - Express Immunity Of Federal Instrumentalities, Michigan Law Review
Constitutional Law-Taxation - Express Immunity Of Federal Instrumentalities, Michigan Law Review
Michigan Law Review
A federal land bank filed a complaint against defendant lumber company and the tax commissioner seeking exemption from a state sales tax on purchases of lumber by the bank. The Supreme Court of North Dakota found the bank liable for the tax and on certiorari to the United States Supreme Court it was held, that the Federal Farm Loan Act conferred express immunity from the tax upon the bank and that such Congressional exemption was constitutional by virtue of the "necessary and proper" clause. Federal Land Bank of St. Paul v. Bismarck Lumber Co. (U.S. 1941) 62 S. Ct. …
The Popularization Of Law, Huntington Cairns
The Popularization Of Law, Huntington Cairns
Michigan Law Review
Law has been a major interest of the Western, and particularly the European, mind. Like physics it has provided a subject matter upon which many of the resources of the human intellect may be tested. It has yielded to many methods and, as a specialty with a circumscribed body of material, it has demanded the formulation of clear ideas so that interconnections are manifest and irrelevancies eliminated. Its great reward is the bestowal of the sense for style, which Whitehead has termed the ultimate morality of mind, and which is the product of specialization alone.
Tax Definition Of Reorganization: Mergers And Consolidations, Hugh B. Kuder Jr.
Tax Definition Of Reorganization: Mergers And Consolidations, Hugh B. Kuder Jr.
Michigan Law Review
In connection with income taxation, some importance is attached to the difference between mergers and consolidations. The difference may be of import in deciding whether or not income has been realized. Too, when the resulting corporation files a return, it may be necessary to determine whether it is the product of a merger or of a consolidation.
Reform Of Administrative Procedure, Gilbert H. Montague
Reform Of Administrative Procedure, Gilbert H. Montague
Michigan Law Review
On January 22, 1941, the Attorney General's Committee on Administrative Procedure, appointed to investigate the need for procedural reform in various federal administrative tribunals and to suggest improvements therein, submitted its final report and a proposed bill to Attorney General Jackson, who on January 24, 1941, transmitted these to the Senate with his recommendation that the proposed bill receive favorable consideration. Every member of the committee approved this report and this proposed bill, but the approval of four members of the committee was subject to their additional views and recommendations, expressed in statements and in a differing proposed bill. Pending …
Criminal Law And Procedure - Conditional Pardons - Right To Notice And Hearing Upon Revocation For Breach Of Condition, Smith Warder
Criminal Law And Procedure - Conditional Pardons - Right To Notice And Hearing Upon Revocation For Breach Of Condition, Smith Warder
Michigan Law Review
Plaintiff was granted a pardon upon the condition that if he failed to conduct himself as a useful, upright and law-abiding citizen, he could be rearrested and reconfined at the discretion of the Governor. The Governor made an ex parte revocation and plaintiff was returned to the penitentiary. The action of the Governor was sustained in the state courts. Plaintiff brings habeas corpus in the federal court. Held, plaintiff had a constitutional right to be heard and the denial of this right was in violation of the due process clause of the Fourteenth Amendment. Fleenor v. Hammond, (C. …
Labor Law - Secondary Picketing - Unity Of Interest Between Manufacturer And Retailer, Michigan Law Review
Labor Law - Secondary Picketing - Unity Of Interest Between Manufacturer And Retailer, Michigan Law Review
Michigan Law Review
A manufacturer of burglar alarm systems installed one in complainant's retail haberdashery store, and entered into an agreement, renewable annually, for maintenance of the apparatus. In furtherance of a strike against the manufacturer of the alarm, defendant union representatives picketed complainant's store in a peaceful and orderly manner, carrying signs which read, "Maintenance of Burglar Alarm in this store unfair to Local No. 3." Defendants were convicted of disorderly conduct tending to a breach of the peace under the New York Penal Code. Held, on appeal from reversal of such convictions by the court of special sessions, reversal affirmed. …