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Michigan Law Review

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Congress And The National Administration, John A. Farlie Jan 1928

Congress And The National Administration, John A. Farlie

Michigan Law Review

Under the Constitution of the United States, Congress is vested with legislative powers; and under the classical doctrine of the separation of powers, it is primarily a law-making organ. A recent writer on government has, however, analyzed its functions under seven heads, as follows: as a constituent assembly, a canvassing board and electoral college, an organ of public opinion, a board of directors, an organ of legislation, an executive council, and a high court of justice. In its capacity as board of directors, he also states that "the whole power of direction, supervision and control of administrative affairs is legally …


Treaties-Scope Of Treaty--Making Power--When Treaties Are Self-Executing Jan 1928

Treaties-Scope Of Treaty--Making Power--When Treaties Are Self-Executing

Michigan Law Review

The scope of the treaty-making power, and the considerations that govern in determining when a treaty is self-executing and when it requires subsequent legislation to make its terms effective, received an interesting discussion in a recent case decided in the United States District Court of the District of Maryland.


Recent Important Decisions Jan 1928

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Book Reviews Jan 1928

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.


Recent Important Decisions Dec 1927

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Equality In International Law, Arnold D. Mcnair Dec 1927

Equality In International Law, Arnold D. Mcnair

Michigan Law Review

Under this title 1 propose to discuss the present position of the old doctrine of the Equality of States, to consider whether it has been helpful in the development of international society, and what prospect there is of that society finding in international law an instrument wherewith to bring about less inequality between States than at present exists.


The Institute's Restatement And The Michigan Law, Herbert F. Goodrich Dec 1927

The Institute's Restatement And The Michigan Law, Herbert F. Goodrich

Michigan Law Review

The task which the American Law Institute has undertaken is to make a statement of the common law, in its various branches. The end in view is not codification; indeed the idea is directly opposed to codification. It is hoped to have, when the work is completed, an accurate statement of existing common law, carefully and systematically made, from which local variations and peculiarities have been ironed out. It is hoped, in other words, to restore both accuracy and continuity to the pattern of the common law fabric as it is woven in our judicial mills.


Unconstitutional Conditions And State Powers, S. Chesterfield Oppenheim Dec 1927

Unconstitutional Conditions And State Powers, S. Chesterfield Oppenheim

Michigan Law Review

The genesis and development of the so-called doctrine of unconstitutional conditions represent a phase of the general problem of the division of state and federal powers. Its importance was first recognized in the series of cases dealing with the power of the state over foreign corporations seeking to do business within its borders, for it was in those decisions that the Supreme Court moderated the absolutism of the principle announced in Paul v. Virginia, by the indefinite qualification that the conditions of admission must not be "repugnant to the Constitution or laws of the United States".


Constitutional Law-Taxation Of Foreign Corporations Dec 1927

Constitutional Law-Taxation Of Foreign Corporations

Michigan Law Review

The constitutional limitations on the power of the states to tax foreign corporations present many intricate questions. In general it may be said that a state may tax foreign corporations the same as it may tax domestic corporations, but subject to the limitations found in the commerce clause and the Fourteenth Amendment of the Federal Constitution. The commerce cause takes certain subjects out of the realm of state taxation altogether. The state cannot directly impose a burden of any sort upon interstate commerce. It cannot even lay an excise on the privilege of doing intrastate business if the basis includes …


Constitutional Law-Eminent Domain-Michigan Constitutional Provision Dec 1927

Constitutional Law-Eminent Domain-Michigan Constitutional Provision

Michigan Law Review

The necessity for the exercise of the power of eminent domain in a given case is a legislative question into which the courts cannot inquire, unless an abuse of legislative power is asserted. This results from the very nature of the power to take property for a public use, which power in itself is inherent in sovereignty. When the legislature determines to take a piece of property it is exercising the power in the normal manner. If the use is public, no further determination is necessary once the legislative decision is made. The real reason for the rule would seem …


Book Reviews Dec 1927

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.


Natural Law In American Constitutional Theory, Fowler Vincent Harper Nov 1927

Natural Law In American Constitutional Theory, Fowler Vincent Harper

Michigan Law Review

Natural law has had many meanings and diversified interpretations. Whether in the form of jus naturale, the law of nature, the law of reason, lex naturalis, lex aeterna, natural justice, or due process of law; natural law, in the broadest sense, has evolved as the needs of a particular civilization and the endeavors of its legal scholars have directed. It is significant, however, that as a philosophy of law, natural law continues to thrive, although the particular system which one community constructs may be abandoned by succeeding generations. Periods of growth in the law have been frequently accompanied …


Constitutional Law-Searches And Seisures-Distraction Between Searching A Building And An Automobile Without Warrant Nov 1927

Constitutional Law-Searches And Seisures-Distraction Between Searching A Building And An Automobile Without Warrant

Michigan Law Review

An officer observed the odor of boiling mash and fermentation issuing from the dwelling of the defendant. The officer, without warrant, entered the basement and there found the defendant operating two stills. Considerable whiskey was found stored within the room. Defendant was arrested and convicted. On appeal he contended that the search was unlawful. Held, the search without warrant was unreasonable and in violation of the Fourth Amendment to the Federal Constitution. Schroeder v. United States, 14 F. (2d) 500.


Public Utility Valuation For Rate Making Purposes Nov 1927

Public Utility Valuation For Rate Making Purposes

Michigan Law Review

Ever since Munn v. Illinois (1876) 94 U. S. 113, which first decided that the charges to be made for services rendered by public utilities were to be subject to governmental regulation, the courts have been confronted with a problem, so elusive and indefinite, that over five decades of litigation and wrangling have failed to provide a satisfactory solution. The so called "rule" of Smyth v. Ames (1898) 169 U. S. 466, specifying the elements to be considered in ascertaining the value of public utilities for the purpose of rate-making, has only served to submerge the problem further in its …


Book Reviews Nov 1927

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.


Recent Important Decisions Nov 1927

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Books Received Nov 1927

Books Received

Michigan Law Review

A list of books received by Michigan Law Review


Constitutional Law-Regulation Of Resale Of Tickets Of Admission To Places Of Entertainment Jun 1927

Constitutional Law-Regulation Of Resale Of Tickets Of Admission To Places Of Entertainment

Michigan Law Review

An addition has been made to a series of cases indicating that the United States Supreme Court is turning away from a tendency to sustain state legislation, especially where the factual basis constituting the inducement of the enactment involves debatable factors. in a five to four decision that gives the unscrupulous ticket scalpers free rein to shear all the fleece from the theatre going lambs of greater New York, the Supreme Court has held to be in violation of the Fourteenth-Amendment a New York statute limiting the resale price of tickets of admission to places of entertainment to fifty cents …


Legal Protection Of Ideas Jun 1927

Legal Protection Of Ideas

Michigan Law Review

In the recent Pennsylvania case of Mackay v. Benjamin Franklin Realty & Holding Company, an architect was employed to draw plans for the erection of the Benjamin Franklin Hotel at Philadelphia. For some reason the construction of the hotel was abandoned before the plans were accepted. Later it was again decided to build the hotel, but in the interval the architect had died, and a second architect was employed to draw plans. He, without the consent of the personal representative of the first architect, copied his plans, which were accepted and used in the construction of the building. The …


When Revocable Trusts Are Subject To An Inheritance Tax, Edward M. Stimson Jun 1927

When Revocable Trusts Are Subject To An Inheritance Tax, Edward M. Stimson

Michigan Law Review

A settlor transferred property to trustees upon trust to pay the income to himself during life and after his death to his children and, ultimately, to divide the principal. The settlor reserved a power to revoke the trust and also to change its terms. Subsequently a law was passed taxing successions, i.e., all transfers by will or inter vivos, "made or intended to take effect in possession or enjoyment after the death of the grantor or donor."


The Rule, The Principle, The Standard In Fluctuating Exchange, Joseph H. Drake Jun 1927

The Rule, The Principle, The Standard In Fluctuating Exchange, Joseph H. Drake

Michigan Law Review

Three methods of solution of the problems of damages in fluctuating exchange have evolved out of the welter of conflicting decisions and the hubbub of contradictory discussions during the reconstruction period of the last decade. The use of the rule and of the principle have been advocated with much vigor and acumen, and there have been some suggestions that we might be driven to resort to an equitable standard as a means of solving the difficulties.


Injunction Against Search By Police Officers Jun 1927

Injunction Against Search By Police Officers

Michigan Law Review

A nice equipoise of public and private interest is disclosed in the case of Des Moines Drug Co. v. Doe, in which the Iowa Supreme Court recently had occasion to consider questions raised by a bill in equity to enjoin a search by police officers endeavouring to enforce the liquor laws.


Recent Important Decisions Jun 1927

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Book Reviews Jun 1927

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.


Unconstitutional Conditions-The Chrysler Automatic Insurance Plan May 1927

Unconstitutional Conditions-The Chrysler Automatic Insurance Plan

Michigan Law Review

The recent decision of the United States Supreme Court in Palmetto Fire Insurance Co. v. Conn. and consolidated cases, terminates the interesting litigation provoked in four states by the novel insurance scheme of the Chrysler Sales Corporation.


Waiver Of Trial By Jury In Criminal Cases, S. Chesterfield Oppenheim May 1927

Waiver Of Trial By Jury In Criminal Cases, S. Chesterfield Oppenheim

Michigan Law Review

Waiver of jury trial in criminal cases generally is a highly practical issue at the present time both from the standpoint of the public and of the accused. The belief is common that the element of delay is one of the primary causes of the general disrespect attaching to the courts of criminal juridiction. It is said that an overzealousness in shielding the citizen against oppression and injustice has resulted in shifting to the background expedients designed to simplify and give momentum to the disposition of criminal cases.


Activity Subsequent To Interstate Commerce, Elcanon Isaacs May 1927

Activity Subsequent To Interstate Commerce, Elcanon Isaacs

Michigan Law Review

With the commerce clause as the basis of distinction, courts have divided business into two classes, that which is interstate and that which is not. The first is considered to involve transportation across state boundary lines; the second is referred to business in which the crossing of state lines is not a factor. It must appear, however, in a consideration of the second class, that activity which is local because it has never involved movement requires a different approach from activity which is local because transportation has ended. The former must be analyzed for its intrinsic nature; it may even …


Juristic Idealism And Legal Practice, Joseph H. Drake May 1927

Juristic Idealism And Legal Practice, Joseph H. Drake

Michigan Law Review

The relation of the "idea" of just law to the "principles" [Grundsaetze] of just law and the "model" [Vorbild] of just law is somewhat difficult to grasp and Stammler's application of the idea, through the intermediate principles and model, to the practice of just law, has given much trouble to the critics. A rule of law may be thought of as a particular conclusion, a principle as a general conclusion, while a standard or norm is a means of reaching conclusions. This is of course the old logical division of conceptions into particular, general and universal, …


Constitutional Law-Statutory Prohibition Of Possession Of Liquor May 1927

Constitutional Law-Statutory Prohibition Of Possession Of Liquor

Michigan Law Review

The Michigan court has recently declared the state statute prohibiting the mere possession of liquor to be constitutional. People v. Burt, 236 Mich. 62, 210 N. W. 97. The court does not enter into any: discussion as to the constitutionality, but relies on a previous decision, People v. Stambosva, 210 Mich. 436, 178 N. W. 226. This phase of the case is stressed, however, in a vigorous dissent by Chief Justice Bird, who denies that the Stambosva case is controlling. That case held the statutory provision in question to be valid, as not violative of due process, but …


Taxation-Jurisdiction To Levy An Inheritance Tax May 1927

Taxation-Jurisdiction To Levy An Inheritance Tax

Michigan Law Review

A Massachusetts decedent by will created a trust in stocks and bonds. By the terms of the trust the trustee was to pay the income to the settlor's daughter during her life and upon her death was to pay the corpus to such persons as she should by will appoint. She died domiciled in North Carolina leaving a will appointing her husband and son to receive the property. North Carolina imposed an inheritance tax under a statute making the exercise of the power of appointment subject to the tax in the same manner as though the property belonged absolutely to …