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Articles 7411 - 7440 of 8432
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Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Juristic Idealism And Legal Practice, Joseph H. Drake
Juristic Idealism And Legal Practice, Joseph H. Drake
Michigan Law Review
The leading exponent of juristic idealism in Germany is Rudolf Stammler, Professor in the University of Berlin. He is uncompromising in his idealistic theory. He even resents being called a pragmatic idealist, possibly lest the chameleon like connotation of this word might seem to detract in any way from the absolute character of his conception of the idea. He is to be thought of rather as the third of that great triumvirate of juristic idealists; namely, Socrates-Kant-Stammler. It is then rather a curious phenomenon that wl1en his juristic philosophy is transplanted to alien soil, it is the pragmatic element in …
Some Questions Involved In The Application Of The "Public Interest" Doctrine, Dexter Merriam Keezer
Some Questions Involved In The Application Of The "Public Interest" Doctrine, Dexter Merriam Keezer
Michigan Law Review
It is just fifty years since the United States Supreme Court, in the now famous case of Munn v. Illinois, first gave sanction in this country to the doctrine that an enterprise may become "affected with a public interest," and in consequence be subject to public regulation. During the half century which has followed the decision in that case, the application of the doctrine has been steadily expanded, bringing within its scope an increasing range and diversity of enterprises. There is basis in economic fact for the belief that the classification of enterprises held to be "affected with a …
New Avenues To Freedom, Edwin D. Dickinson
New Avenues To Freedom, Edwin D. Dickinson
Michigan Law Review
Lay opinion regards the law of nations as a weak and ineffective system. It is the fashion to deplore the inefficacy: of its precepts and to regard it as a sort of benevolent code unsupported by any forces which can really compel observance. There is a good deal of loose talk about providing sanctions. The truth is, however, that few systems of law are so infested with tyrannies. It is not sanctions which are needed so much as opportunities for growth. It is not the buttressing of existing dogmas which is required so much as new avenues to freedom.
Bail After Conviction
Michigan Law Review
On a question of bail before indictment, the magistrate may inquire as to the guilt of the prisoner. After indictment he may in cases not capital look at the evidence upon which it is obtained. But at each step of the proceedings the grounds upon which the prisoner can be let to bail diminish, as the evidence of his guilt increases; because bail is not based upon the grace or favor of the court, but solely upon the doubt which may exist as to his guilt. After conviction and sentence, his claims to be let to bail are further diminished; …
The Right To Fish In Fresh-Water Streams
The Right To Fish In Fresh-Water Streams
Michigan Law Review
Nearly three centuries ago Lord Hale wrote the "Fresh rivers, of what kind soever, do, of common right, belong to the owners of the soils adjacent and, if a man be the owner of the land on both sides, in common presumption, he . hath the right of fishing according to the extent of his land in length." This doctrine of the common law, to the extent that it concerns riparian ownership, has long been accepted in Michigan. In this state the owner of the riparian lands owns the submerged lands connected therewith to the thread of the stream. Quite …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Declaratory Judgments Under State Statutes In Federal Courts
Declaratory Judgments Under State Statutes In Federal Courts
Michigan Law Review
Will the federal courts render declaratory judgments when sitting in states which have adopted statutes authorizing that form of relief? A recent decision by the Supreme Court of the United States, written by Justice Sanford, has thrown the whole problem of declaratory judgments in the federal courts into a most unfortunate state of confusion. Liberty Warehouse Co. v. B. S. Grannis, 47 Sup. Ct. Rep. 282.
The Effect Of Foreign Divorce Upon Dower And Curtesy, Robert W. Wheeler
The Effect Of Foreign Divorce Upon Dower And Curtesy, Robert W. Wheeler
Michigan Law Review
Dower and curtesy are no longer viewed with the kindly eye with which the older law regarded these marital property rights. While inroads have been made by statute, which in many instances have abolished these estates, there are still a large number of states which retain dower and curtesy in their original or in a modified form. Coincident with the decline of these estates has come the great increase of divorces, so that the question of the effect of foreign divorce upon dower and curtesy is litigated with increasing frequency. The problem requires first a consideration of the relation of …
The Primitive Character And Origin Of The Bonorum Possessio, George M. Bush
The Primitive Character And Origin Of The Bonorum Possessio, George M. Bush
Michigan Law Review
The Bonorum Possessio, or Praetorian inheritance or succession, is one of the most important, complicated and difficult sections in the study of the Private law of Rome. This subject is not well known to students of Roman law, although so far it has been the object of much research on the part of many German and a few French, scholars.
Constitutional Law-Partial Unconstitutionality Of Statutes-Effect Of Saving Clause On General Rules Of Construction
Michigan Law Review
In recent legislation it has become fairly common to incorporate so-called "saving" clauses or sections. In effect, these usually state with variations in phraseology, that the adjudication of invalidity of any part of the act shall not affect the validity of the balance or any of the remaining parts of the act and, in some instances in addition, that notwithstanding a portion of the act is declared objectionable, the legislature would have passed the residue of the statute or any of its parts or that the remaining portions or any part thereof shall be enforced without reference to that invalidated.
Insurance-Incontestability Clauses-What Will Amount To A Contest
Insurance-Incontestability Clauses-What Will Amount To A Contest
Michigan Law Review
The incontestability clause is quite common at present in life insurance policies, and is the source of much litigation. The insurance policy has usually contained many statements or representations by the insured, and it was a common experience that after the insured had paid premiums on a life insurance policy, perhaps for years, and had died in the belief that his family was well provided for, the insurance company avoided payment on the ground that the insured had made a misrepresentation in the policy, or had committed a breach of warranty. As a result, a feeling grew up that all …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Trusts-Trust Estates As Bona Fide Purchasers
Trusts-Trust Estates As Bona Fide Purchasers
Michigan Law Review
The doctrine of bona fide purchase is of ancient origin. It has had many significances and interpretations attached to it. At one time it was explained entirely by the special nature of equity and equitable remedies. Maitland used it to show that equities were rights in personam. That the doctrine is no gauge for the quality of the prior estate was shown by Dean Pound, since legal titles may also be cut off. The doctrine has been criticized as anomalous. Two other writers have taken rather different views of the rule. Mr. J. E. Hogg suggests that the bona …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Sidelights On The Permanent Court Of International Justice, Ake Hammarskjold
Sidelights On The Permanent Court Of International Justice, Ake Hammarskjold
Michigan Law Review
In bidding you welcome, in the name of the Permanent Court of International Justice, in this room where that great institution holds its public meetings and pronounces its judgments and opinions, my first word should be, I think, one of regret-regret that a more worthy representative of the Court has not been able to receive you here today. And I daresay that the President of the Court, who would have been the obvious person to welcome you, shares those regrets,-although perhaps from a different point of view. He would, in fact, have liked immensely to be able to meet you …
The Indeterminate Permit For Public Utilities, E. Blythe Stason
The Indeterminate Permit For Public Utilities, E. Blythe Stason
Michigan Law Review
Public utilities possess the privilege of furnishing services to the public and most of them use the streets, highways and public places to deliver their services to their customers. Franchises are required to confer the privilege of serving and to authorize the use of public property. Franchises were formerly perpetual; more recently they have been limited to short terms of years; and now we are acquiring still another variety-the indeterminate permit. The last deserves more than a casual acquaintanceship. In fact, it demands close scrutiny. Rightly conceived, it is a device of decided promise. Conceived in unfairness, partiality or ignorance, …
Joinder And Splitting Of Causes Of Action, Charles E. Clark
Joinder And Splitting Of Causes Of Action, Charles E. Clark
Michigan Law Review
The pleading rules concerning joinder and splitting of causes of action are complements of each other, though designed to achieve different objectives. The joinder rule is that separate causes cannot be "joined" or pleaded in the same suit unless they fall within one of the classes of permissible joinder specified in the codes. The purpose of the rule is to prevent too wide a field of litigation and too diverse issues in a single suit and thus to avoid a case of undue confusion and complexity. The rule against splitting is that a single cause shall not be "split" or …
Issuance Of Negotiable Instruments As Giving Of Value
Issuance Of Negotiable Instruments As Giving Of Value
Michigan Law Review
Authorities are unanimous that the issuance of negotiable instruments as consideration in the purchase of notes constitutes sufficient value to enable the purchaser to sue as a holder in due course, when the instruments issued have found their way into the hands of a due course holder, or have been paid, before the purchaser acquires knowledge of any defenses. But when, at the time the purchaser is notified of defenses, his notes are still in the possession of the payee, the decisions are not in accord as to his standing. The Wyoming court, in a recent opinion, held a bank …
Arson-Statutory Chance Of Common Law Requisites
Arson-Statutory Chance Of Common Law Requisites
Michigan Law Review
At common Jaw, arson was a clearly defined felony, including only certain kinds of burnings. According to Lord Coke, it was the malicious and voluntary burning!' of the house of another by night or by day, 3 INST. 66. There were certain well-understood essentials constituting the crime. The structure must have been a house or an out-house; it must have been the house of another; it must have been inhabited, though not actually occupied, at the time of the burning. The structure must have been a completed one; there must have been an actual burning-at least to the extent of …
Aesthetic Zoning Regulations, Newman F. Baker
Aesthetic Zoning Regulations, Newman F. Baker
Michigan Law Review
The court house of Sangamon county, Illinois, is situated in the center of a block or square, known as Lincoln Square, in the city of Springfield. The building is of architectural beauty and great historical interest, the corner stone having been laid in 1837 and the building used as the Capitol building for the state of Illinois until 1876. The buildings on the four sides of the Square were all two or more stories in height until January, 1926, when a three- story building, located on the north-east corner of the Square was practically destroyed by fire. The owners planned …
Privity Of Parties And Attack For Fraud On Judgments Of Sister State
Privity Of Parties And Attack For Fraud On Judgments Of Sister State
Michigan Law Review
An interesting recent decision in Minnesota, Schendel v. C. M. & St. P. Ry. Co., raises two important questions concerning the effect to be given in one state of the Union to a judgment rendered in the courts of another. An action was brought in Minnesota by a special administrator, there appointed, to recover damages for the death of his decedent. The accident resulting in death had occurred in Iowa while the decedent, it was claimed, was engaged in inter-state commerce, so as to bring the claim within the federal statute. To this Minnesota action the defendant set up …
Public Utilities -Statutory Review By The State Supreme Court Of A Decision By The Commission
Public Utilities -Statutory Review By The State Supreme Court Of A Decision By The Commission
Michigan Law Review
Fifteen states in enacting public utility laws creating public utility commissions, have provided for an appeal on review of commission decisions, by the supreme court of the state. Other states provide for review by lower state courts with a subsequent appeal therefrom to the supreme court. No doubt, the direct appeal goes hand in hand with the more expeditious legal procedure exemplified by the creation of such administrative tribunals. In most states, including eight of the above fifteen, the constitutions provide that the jurisdiction of the supreme courts shall be appellate only, except for a few prerogative writs of original …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
International Unions For The Protection Of Industrial, Literary And Artistic Property, M. Ostertag
International Unions For The Protection Of Industrial, Literary And Artistic Property, M. Ostertag
Michigan Law Review
The League of Nations, whose guests we presently are in this handsome city of Geneva, is certainly the most· important of the associations of states because its purpose, the peace of the world, is the most noble. It is also one of the youngest of such associations. You do me a great honor, Ladies and Gentlemen, in asking me to introduce to you today two much older sisters of the League of Nations, sisters whose reputation is indeed less brilliant and universal, but of whom people may perhaps say what they say of married ladies: "The best are always those …