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The Fifteenth Century-The Dark Age In Legal History, Joseph F. Francis
The Fifteenth Century-The Dark Age In Legal History, Joseph F. Francis
Michigan Law Review
Everywhere during the last few decades there has been a revolution in the thinking of educated men. I refer to the revolution in logical method and thought that had its impetus first in the non-Euclidian mathematicians. was then carried on by the logicians and philosophers and finally culminated in the startling conclusions announced by Einstein. This revolution has been an attack on absolutism and on the metaphysical nonentities that pervade all man's learning. The attack is not new, it is only new in vigor, in scope, and in promise.
Suretyship-Application Of Payments From Principal To Creditor-Equity Of Surety In Building Contract Funds
Michigan Law Review
A building contractor's bond, with professional surety, promises to see that all laborers and materialmen assisting upon a certain construction job are fully paid. With moneys received from work upon this building, the contractor pays a certain sum to a materialman without applying it to any particular debt. The contractor owes the materialman upon two separate debts: one for materials furnished upon this very job, and covered by this surety bond; and a pre-existing debt, in no way connected with the present contract. Is the surety able to insist that the materialman use this payment to discharge the debt on …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Administrative Law-Delegation Of Legislative Power To Administrative Tribunals
Administrative Law-Delegation Of Legislative Power To Administrative Tribunals
Michigan Law Review
Thirty years ago it was generally said and believed that no part of the legislative power could be delegated to any other department of government or to any administrative officer or officers. That was a fundamental principle of constitutional law thought essential to the integrity and maintenance of the system of government established by the constitution. But as social and industrial problems became more complex, calling for an ever greater amount of governmental regulation, legislative bodies found themselves unable to attend to the ever increasing volume of technical detail. Furthermore, the nature of the problems was often such as to …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Constitutional Law-Equal Protection-Disparity Of Privilege And Discrimination
Constitutional Law-Equal Protection-Disparity Of Privilege And Discrimination
Michigan Law Review
The equal protection clause of the fourteenth amendment provides that no person or class of persons shall be denied the same protection of the laws that others in the same place and under like circumstances enjoy. But it has been said that "equality and not identity of privileges and rights is what is guaranteed to the citizen" by the fourteenth amendment. People v. Gallagher, 93 N. Y. 438, 45 Am. Rep. 232. Any law which in terms provides for identity of privileges and rights, but which operates in such a manner as to produce political or economic inequality. because of …
Protection Of Industrial Property, Edward S. Rogers
Protection Of Industrial Property, Edward S. Rogers
Michigan Law Review
It is perhaps too much to attempt a discussion of the origin and history of the common law in an introductory note like this. Suffice it to say that the common law is unwritten and is an inheritance from the English colonists who brought it to North America from England. The common law is the law of the several states. In the United States there is no national common law.
When The Importer Is A State University, May The Government Collect A Duty?, Sweinbjorn Johnson
When The Importer Is A State University, May The Government Collect A Duty?, Sweinbjorn Johnson
Michigan Law Review
The Tariff Act of 1922 has raised a question which may turn out to be one of great importance as well as one of unusual interest. It appears that in previous acts exemptions were granted, more or less general, in favor of schools, libraries and educational institutions with the result that on imports for their use no duties were levied or collected. In the law of 1922, however, no such exemptions appear, and the customs officers throughout the country have required state universities to pay a duty when the title passed abroad and the articles imported by them were intended …
Injunctions-Statutory Injunctions In Legal Actions Under The Iowa Code
Injunctions-Statutory Injunctions In Legal Actions Under The Iowa Code
Michigan Law Review
The Iowa Code contains a unique and interesting provision which was copied from the English Common Law Procedure Act of 1854. It provides that :--"In all cases of breach of contract or other injury, where the party injured is entitled to maintain and has brought an action by ordinary proceedings, he may, in the same cause, pray and have a writ of injunction against the repetition or continuance of such breach of contract or other injury, or the commission of any breach of contract or injury of a like kind arising out of the same contract or relating to the …
Municipal Corporations-Methods Of Detaching Outlying Districts
Municipal Corporations-Methods Of Detaching Outlying Districts
Michigan Law Review
Since the power to restrict boundaries is legislative in nature, territory which has once become part of an incorporated community can be detached only by the authority of a statute, and the corporation, the courts, and even the people are powerless to act unless so authorized. 1. DILLON, MUNCIPAL CORPORATIONS, 4th ed. sec. 356. But when the town is booming and each farmer sees himself swept into wealth by the subdivision and sale of his property, who worries about detaching land? It is only when the boom has passed and the farmer finds himself still engaged in agriculture, and burdened …
The Status Of A Municipal Corporation Organized Under An Unconstitutional Statute, Oliver P. Field
The Status Of A Municipal Corporation Organized Under An Unconstitutional Statute, Oliver P. Field
Michigan Law Review
A municipal corporation has governmental as well as proprietary functions to perform. It differs from a private corporation in that its primary functions are governmental. Municipal corporations are usually spoken of as legal persons, or entities, in the same sense that private corporations are, but in studying them it must always be borne in mind that the main purpose for which most of them are created is that they may perform certain governmental functions.
Wills-Trusts-Unprobated Will Opposed To A Forged Will Fraudulently Probated
Wills-Trusts-Unprobated Will Opposed To A Forged Will Fraudulently Probated
Michigan Law Review
We have now grown accustomed to certain principles which, at the time that they were enunciated, must have been thought anomalous. The comparatively recent case of Winder v Scholey, his oral promise to hold for another, might be declared a trustee ex maleficio, although he was guilty of no actual fraud when he made the promise. A fortiori, it would seem that actual fraud on the part of the devisee should lead to the same result, and such has been the fact for many years. In the case of deeds, however, actual fraud and a subsequent breach …
Conflict Of Laws: Recent Development Concerning Marriage, Francis Deak
Conflict Of Laws: Recent Development Concerning Marriage, Francis Deak
Michigan Law Review
Anglo-American writers on the conflict of laws and Continental writers on private international law emphasize, with equal strength, the importance of the rules regulating marriage. Marriage is the most important of the social institutions; it is, in fact, the very foundation of the present social order. The legal system of civilized states, which is called upon to maintain this social order, contains an elaborate body of rules, protecting the institution of marriage. It is noteworthy, indeed, that mature legal systems secure best interests involved in domestic relations, besides interests of substance such as property and contract. Each legal system developed …
Forestalling, Regrating And Engrossing, Wendell Herbruck
Forestalling, Regrating And Engrossing, Wendell Herbruck
Michigan Law Review
The earliest attempts in English Law to regulate trade are to be found in the enactments against forestalling, regrating and engrossing and in them, it has been asserted, is the basis of our modern legislation against monopolies and combinations in restraint of trade. Aside, however, from the mention that is occasionally made of these crimes in connection with the history of the laws of trade, the words as a part of legal terminology are almost obsolete, although the word "forestalling" is used to define a crime punishable under the laws of Ohio and doubtless is to be found in other …
The Scope Of Judicial Review, Edson R. Sunderland
The Scope Of Judicial Review, Edson R. Sunderland
Michigan Law Review
There was nothing known to the common law which was, or could properly be called, a true appeal from one court to another, and this was so in England until the judicature act of 1873. There were, however, certain imperfect and restricted methods by which some sort of redress could be had for an unjust decision.
Fidelity Bonds-Does It Pay To Renew Them?
Fidelity Bonds-Does It Pay To Renew Them?
Michigan Law Review
The question is raised by a recent Michigan case, in which the facts are apparently illustrative of a normal practice in modern business. The employer purchases a fidelity bond to indemnify him against loss arising from the financial misconduct of one of his employees. The premium pays for protection, for the year 1928, to the amount of $5,000. A year later payment of a premium of the same amount results in his receiving a "renewal" or "continuation certificate." 'What is the legal, and what the practical, effect of the renewal?
Descent And Distribution-Status And Inheritance Rights Of Adopted Child
Descent And Distribution-Status And Inheritance Rights Of Adopted Child
Michigan Law Review
The adoption of the children of another person is said to have been unknown to the common law. In re Johnson, 98 Cal. 531; Morrison v. Sessions, 70 Mich. 297, 14 Am. St. Rep. 500. However, the status of adopted children is one of very ancient origin, existing in Biblical times, Romans 8:15; 9:4:, and was developed to a high degree by the Greeks and Romans. Provisions for child adoption were incorporated in the Code of Justinian, SANDERS, JUSTINIAN; Am. ed. 103 et seq., and took their place in the jurisprudence of all countries in which the civil …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
The Radio And Interstate Commerce
The Radio And Interstate Commerce
Michigan Law Review
As each newly discovered scientific principle is taken advantage of in the practical world, new legal problems arise around it. One way or another it is eventually taken care of by the expansion of the legal system to embrace the new situation. The discovery of radio transmission is an example made striking by the extraordinary speed with which it has become a part of the people's daily life and the conflicts of interest that are peculiar to it. The law found itself relieved of many of the embarrassments in dealing with the problem by the fact that Congress early undertook …
Vicarious Liability And The Family Automobile, Norman D. Lattin
Vicarious Liability And The Family Automobile, Norman D. Lattin
Michigan Law Review
The advent of the automobile into the family life of the present age brought with it a doctrine which has been the troublesome source of much comment in the adjudicated cases and legal literature generally. Were it not for the fact that the battle still wages with much intensity, with very little outward evidence of abatement, it would be presumptuous to add to the already voluminous supply of legal material concerning the law of the family automobile, commonly termed the "family purpose" or "family car" doctrine. If further justification were needed, the problems arising from air navigation, which threatens to …
The Law School And The State, William W. Cook
The Law School And The State, William W. Cook
Michigan Law Review
On the legal profession rests the responsibility for the future of America. Now here else does the necessary leadership exist, and leadership, based on training, character and intelligence, will determine the future of the republic. The rapid rise of America to the primacy of the world; its vast wealth, power and population; its problems of capital and labor; its expansion of governmental functions; its diversity of races; its determination to preserve American institutions-all demand leadership of the highest order, and that can be found only in the legal profession. It is a problem of the ages. From Plato's Republic to …
The Influence Of Securities Regulation Upon Standards Of Corporation Financing, Forrest B. Ashby
The Influence Of Securities Regulation Upon Standards Of Corporation Financing, Forrest B. Ashby
Michigan Law Review
During the first years of the present century both promotional and manipulative swindling in connection with stocks and bonds flourished in the face of the obsolescent and poorly enforced fraud laws which were administered by prosecutors and courts inexperienced in corporate finance. It was not until 1911, after the securities problem had been put squarely before it by the state banking commissioner, that the Kansas legislature passed the first blue sky law to check the issuance and sale of unsound corporate obligations. Since 1911 the development of securities legislation has proceeded until at the present time forty-six states have statutes …
Due Process Of Law In State Labor Legislation, Fowler Vincent Harper
Due Process Of Law In State Labor Legislation, Fowler Vincent Harper
Michigan Law Review
With this material in mind, is it possible to arrive at any useful conclusions as to what constitutes due process of law in labor legislation? In each group of cases, there seem to be two distinct, though inseparable functions of the judicial process of reviewing the legislation in question. The courts, in brief, are arriving at conclusions both of fact and of law. The impression was, at one time prevalent that the extent of review of certain types of labor legislation was limited to the reasonableness of the' statute as respects the end sought and the means of attaining that …
The Massachusetts Trust-Called Partnership, Joint-Stock Company, Corporation By The Courts
The Massachusetts Trust-Called Partnership, Joint-Stock Company, Corporation By The Courts
Michigan Law Review
The so-called Massachusetts Trust, as a form of business organization, had its beginning in England some two hundred years ago, and as trading associations they came to be preferred to corporations, in the early days of their history, for their members lacked the immunity from debts of the concern that corporate shareholders possessed. The business trust, in a rudimentary form, made its initial appearance in Massachusetts in 1827, and due to the current of more or less dissatisfaction with the corporate form of business organization there appears to be a present tendency toward the trust form, though Mr. Cook believes …
Remedies For Wrongful Action In The Levy And Enforcement Of Taxes
Remedies For Wrongful Action In The Levy And Enforcement Of Taxes
Michigan Law Review
Although there is a distinct policy in favor of prompt and efficient procedure for the levy and collection of taxes, unhindered by judicial "red tape," yet the government cannot exercise its power so as to deprive the taxpayer of his property without due process of law. What are the taxpayer's remedies against wrongful action on the part of those in charge of tax administration? How may due process of law be secured to him in tax administration matters? The purpose of this note is to review some of the principal remedies, with especial reference to the equitable remedy of injunction, …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Damages-Apportionment Of Punitive Damages In An Action Against Agent And Corporation Jointly
Damages-Apportionment Of Punitive Damages In An Action Against Agent And Corporation Jointly
Michigan Law Review
The recent South Carolina case of Johnson v. Atlantic Coast Line R. Co., presents, it is submitted, an undesirable extension of the rule announced in Goddard v. Grand Trunk R. Co. The latter decided that a corporation or principal is liable in punitive damages for a malicious act of its agent committed in the course of, or in connection with, his duties or employment. The prevailing opinion seems to be that the principal is liable (in exemplary damages) only when he has authorized, participated in, or ratified the act of the agent. or was negligent in the selection of …