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Articles 7471 - 7500 of 8432
Full-Text Articles in Entire DC Network
"Contemplation Of Death" In Inheritance Taxation, Henry Oliver Evans
"Contemplation Of Death" In Inheritance Taxation, Henry Oliver Evans
Michigan Law Review
A tax upon gifts said to be made "in contemplation of death" as inheritances made its first appearance in our jurisprudence in the New York statute of 1892. Since that time this tax in some form has been laid by all of the states except Alabama, Florida, Georgia, Texas and Vermont. The Revenue Act of 1916 added this tax to the burdens, already heavy, of federal taxation.
Public Utilities-Power Of Commission To Change Rate Paid By Private User Under Special Contract With The Utility
Michigan Law Review
Within the last decade the right of the state to change the rates of a public utility, as fixed by contract, has been presented to the courts numerous times. An examination of the cases on the subject shows that much of the law has now become settled.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Rights Of Non-Resident Aliens Under United States Laws Regulating Foreign Trade, Borris M. Komar
Rights Of Non-Resident Aliens Under United States Laws Regulating Foreign Trade, Borris M. Komar
Michigan Law Review
The commercial, financial, and industrial rivalry of the principal nations of the world is today the chief cause of the stubborn existence of the main scourge of our civilisation-War.
Voting Trust Agreements, Maurice Finkelstein
Voting Trust Agreements, Maurice Finkelstein
Michigan Law Review
To the student who approaches the study of the law from the point of view of the legal philosophers-from Von Jhering to Pound-the detailed analysis of the law of private corporations in America will seem strange. Accustomed to think of law as a striving to maintain a balance such as the Poundian balance of social interests, he finds in the corporation law of the United States a co-existence of various systems without regard to the conflict of interests thereby created. Each state has its own rules of law and its own policies shaped by a medley of causes. Many states …
Public Utilities-Policy As To Competition Between Utilities
Public Utilities-Policy As To Competition Between Utilities
Michigan Law Review
The older view held that the public would be most benefitted by stimulating a vigorous competition among all occupations, including public utilities. An example of such cut-throat competition is to be seen in United Railroads of San Francisco v. City and County of San Francisco, 249 U. S. 517, 39 S. Ct. 361. There, a street railway which had been operating for forty years was paralleled by a municipal railway, though the volume of business did not warrant such a duplication. Another striking example is discussed in Niagara Gorge R. Co. v. Gaiser, 109 Misc. Rep. 38, 178 …
Survivor Of Actions Under The Sherman Anti-Trust Act
Survivor Of Actions Under The Sherman Anti-Trust Act
Michigan Law Review
The question of survival of actions ex delicto following the death of a party thereto has caused no small amount of litigation, and in actions under the Sherman Anti-Trust Act, due to the large sums that are always involved and a consequent desire on the part of the plaintiff to reach all possible sources of compensation, the problem assumes a peculiar importance. Section 7 of the Sherman Anti-Trust Act simply provides that, "Any person who shall be injured in his business or property by any other person or corporation by reason of anything forbidden or declared to be unlawful by …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
International Law--Treaties--Are The Rum Tretaties Self-Executing?
International Law--Treaties--Are The Rum Tretaties Self-Executing?
Michigan Law Review
On May 22, 1924, the United States concluded a treaty with Great Britain by which the latter power agreed that it would raise no objection to the search and seizure of its ships by American authorities on the high seas, provided there was reason to suspect that such ships were committing or attempting to commit an offense against United States laws, and provided the search and seizure were made within an hour's run of the American coast. In return the United States conceded to British ships the privilege of bringing into its ports liquor in bond in their ship stores. …
The Power Of The Written Assertion, Gustavus Ohlinger
The Power Of The Written Assertion, Gustavus Ohlinger
Michigan Law Review
In his Outline of History Mr. Wells comments on the exaggerated estimate which people generally, through reading the Old Testament account, have come to entertain of the wisdom of Solomon and of the glory and prestige of the Israelitish Kingdom during his reign. By way of contrast, the facts, which are readily available and discernable even in the scriptural narrative, reveal this much advertised monarch as a rather insignificant chieftain and his kingdom as a pawn in the policies of his powerful neighbors-a striking example, according to Mr. Wells, of the power of the written assertion over realities in men's …
Going Value, William W. Potter
Going Value, William W. Potter
Michigan Law Review
It has been said that the law defining "Going Value" and prescribing the method of proving its existence, in any particular public utility rate case, is still in a formative stage,--which implies that though there is an undefined something which constitutes the basis of going value, on account of its elusive and intangible nature, no one has a clearly defined idea of what it is, whence it originates, or how it may be proved and established.
Canada's Treaty Making Power, C. D. Allin
Canada's Treaty Making Power, C. D. Allin
Michigan Law Review
The question of the treaty-making power of the Dominion of Canada was raised in an acute form during the negotiations between Great Britain and the United States governments over the halibut fisheries. After several years of investigation and negotiation, a draft agreement was drawn up by the American State Department and sent to the Canadian government through the British ambassador at Washington. According to the title and preamble of the treaty, the convention was drawn up between the United States and Great Britain, but by Article I, "The Nationals and inhabitants and fishing vessels and boats of the United States …
What Is An Unreasonable Search?
What Is An Unreasonable Search?
Michigan Law Review
In Carroll v. United States (1925) 267 U. S. 132, 45 Sup. Ct. 280, the Supreme Court held that there may be a reasonable search of an automobile without a search warrant. The recent case of Agnello v. United States (Oct. 12, 1925) 46 Sup. Ct. 4, goes far in the opposite direction with reference to the search of a dwelling house. In the latter case several defendants were convicted of conspiracy to violate the Harrison Drug Act, a felony under the federal law. Two government revenue agents had negotiated with defendants Alba and Centorino in the home of Alba …
Crimes-Negligence And Criminal Negligence
Crimes-Negligence And Criminal Negligence
Michigan Law Review
The layman thinks of a crime as something "wrong" or "wicked",--more, as something intentionally wrong or wicked. He does not believe that he should be subjected to criminal punishment for accidents and inadvertencies, or even for his neglects. In general the law looks at the matter in the same way, and in the lawbooks the layman's idea has found expression in the rule that a crime requires, in addition to an act, a mens rea--a guilty mind with respect to the act.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Taxation-Inheritance Tax-Power Of Appointment
Taxation-Inheritance Tax-Power Of Appointment
Michigan Law Review
An inheritance tax in general is a tax on the exercise of a right. It is in the nature of an excise tax. Knowlton v. Moore, 178 U. S. 41. In recent years many states, as well as the federal government, have extended their taxing activities in this field. 4 COOLY, TAXATION, 4th ed. p. 3439. New York passed a statute in 1892 taxing the exercise of a power of appointment. The statute declared that whenever any person exercises a power of appointment, such appointment when made shall be deemed a transfer taxable as though the property belonged absolutely …
Pseudo-Protection Of The Property In Rate Cases
Pseudo-Protection Of The Property In Rate Cases
Michigan Law Review
It is clear that in ascertaining the present value we are not limited to the consideration of the actual investment. If that has been reckless or improvident, losses may be sustained which the community does not underwrite. As the company may not be protected in its actual investment, if the value of its property be plainly less, so the making of a just return for the use of the property involves the recognition of its fair value if it be more than its cost. The property is held in private ownership, and it is that property, and not the original …
An Appraisal Of English Procedure, Edson R. Sunderland
An Appraisal Of English Procedure, Edson R. Sunderland
Michigan Law Review
On paper the program of the London meeting of the American Bar Association last year was not a crowded one. No busy morning sessions hurried the members away from their hotels; at noon there was a leisurely opportunity for comfortable luncheons; and the drowsy summer afternoon was far advanced before the real business of the day began. But the printed program only marked the high points of the meeting. All through the week, by day and by night, there was London to be seen, the Abbey, the Tower, the Thames, palaces, parks and galleries, and the thousand historic spots which …
The Law School And The Professional Tradition, Roscoe Pound
The Law School And The Professional Tradition, Roscoe Pound
Michigan Law Review
Only historians know that Michigan, Illinois and Wisconsin were once, at least in legal theory, governed by the Custom of Paris. That fact has not left a mark upon the actual law of any of those jurisdictions. Nor is the reason far to seek. In the pioneer days of the French occupation of this part of North America there was little scope for such law as is to be found in books. There was need only for a rude administration of offhand justice in the simple concerns of a frontier society. And had there been need for anything more, the …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Inheritance Taxatlon
Michigan Law Review
The recent decision of the Supreme Court of the United States in Frick v. Pennsylvania, (June 1925) Adv. Ops. 122, 123, 124, 125, is of vital importance in the field of inheritance taxation. The facts as far as material to the present discussion are these: one Henry C. Frick, domiciled in Pennsylvania, died testate in 1919 leaving a large estate, consisting, among other things, of certain tangible personalty permanently located in New York and other tangible personalty located in Massachusetts and stock in various corporations chartered by states other than Pennsylvania. This property was all included in the clear …
Constitutional Law-Due Process-Compulsory Arbitration Under Kansas Industrial Relations Act
Constitutional Law-Due Process-Compulsory Arbitration Under Kansas Industrial Relations Act
Michigan Law Review
Another interesting chapter has been written in the legal history of the Kansas Court of Industrial Relations, that most interesting attempt to substitute judicial methods for the present condition of strife in the field of industrial dispute, and to recognize the rights of the public as an interested third party in such disputes. In Wolff Packing Co. v. Court of Industrial Relations, U. S. Sup. Ct., Oct. Term, 1924, Nos. 207 and 299, 45 S. Ct. Rep. 441, the Supreme Court of the United States has decided that the Industrial Relations Act, c. 29, LAWS 1920 (KANSAS), SPECIAL SESSION, …
Sterilization Of Mental Defectives, Burke Shartel
Sterilization Of Mental Defectives, Burke Shartel
Michigan Law Review
In 1923 the legislature of Michigan passed an act "to authorize the sterilization of mentally defective persons". This act has recently been sustained in its main provisions by the Michigan supreme court in a case brought to test its constitutionality. Probably the United States Supreme Court will also have an opportunity to pass upon the validity of this law, but the Michigan decision, although not final on the question whether the sterilization of defectives is violative of the "due process clause" of the Fourteenth Amendment, is nevertheless very significant. It is the first instance so far as the writer can …
A Letter To The Lawyers' Club, William W. Cook
A Letter To The Lawyers' Club, William W. Cook
Michigan Law Review
In view of the fact that Pollock and Maitland do not go beyond the time of Edward I and Reeves no further than Elizabeth's reign, Professor Holdsworth, in publishing a revision and extension to the eighteenth century of his well known work, ventures to point out that it is "the first continuous history of English law that has ever been written". And so it is, to the point to which he has carried it thus far. One more volume at least is promised in the near future; while it is to be hoped that subsequent contributions may ultimately appear. "From …
The New Holdsworth, Arthur Lyon Cross
The New Holdsworth, Arthur Lyon Cross
Michigan Law Review
In view of the fact that Pollock and Maitland do not go beyond the time of Edward I and Reeves no further than Elizabeth's reign, Professor Holdsworth, in publishing a revision and extension to the eighteenth century of his well known work, ventures to point out that it is "the first continuous history of English law that has ever been written". And so it is, to the point to which he has carried it thus far. One more volume at least is promised in the near future; while it is to be hoped that subsequent contributions may ultimately appear. "From …