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Articles 7561 - 7590 of 8432
Full-Text Articles in Entire DC Network
Criminal Assault Through Negligence--Bonding Automobile Drivers
Criminal Assault Through Negligence--Bonding Automobile Drivers
Michigan Law Review
The Supreme Court has recently declared constitutional and valid the New York legislation requiring taxi-cab drivers to file with the state a surety bond or an insurance policy conditioned for the payment of judgments against the driver for personal injuries caused by the operation or the defective construction of his vehicle. Packard v. Banton (Feb., 1924) Adv. Ops. No. 126. The amount of the bond or policy required is only $2,500, though with a continuing liability for that amount during the period of the bond. It appears from the court's opinion that the insurance companies charged a premium of $900 …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Fair Value Of Public Utilities, Edwin C. Goddard
Fair Value Of Public Utilities, Edwin C. Goddard
Michigan Law Review
It has been often remarked that the property of a public utility is privately owned, and it was not until recent years that its owners ceased to insist that they had all the rights of a private owner in the use and enjoyment of the property. Munn v. Illinois was a rude jar, but it has withstood the storm it aroused, at least to the extent that it is no longer questioned that property devoted to a public use is subject to public regulation, especially as to the charges that may be made to the public for the use. During …
Evidence--Admissibility Of Evidence Secured Through Violation Of Constitutional Prohibitions
Evidence--Admissibility Of Evidence Secured Through Violation Of Constitutional Prohibitions
Michigan Law Review
No other questions are oftener before our courts in these latter days than those which concern the admissibility of evidence objected to under the various constitutional provisions, state and national, providing against unreasonable searches and seizures, and compulsory self-crimination.
Arrest Without A Warrant, Horace L. Wilgus
Arrest Without A Warrant, Horace L. Wilgus
Michigan Law Review
The word arrest comes from the Latin through the French, and literally means to stop, stay or restrain. In law it relates to restraints upon a person's liberty of locomotion, movement from place to place. To require one to keep her mouth shut is not an arrest, even if wrongful. Every detention or "confinement of the person is an imprisonment, whether it be in a common prison, or private house, or in the stocks," or in the open street or elsewhere. Where codes define false imprisonment "as the unlawful violation of the personal liberty of another," the gist of the …
The Passing Of The Partnership By Operation Of Law
The Passing Of The Partnership By Operation Of Law
Michigan Law Review
A case recently decided in the United States Supreme Court, Giles et al. v. Vette et al., Sup. Ct. U. S. Adv. Ops. Jan. 7, 1924, No. 59, gives us another illustration of the clever way in which the codifiers of the UNIFORM PARTNERSHIP ACT steered their course between the epithetical jurisprudence, built upon the case of Waugh v. Carver, [1793] 2 Henry Blackstone, 235, and the jurisprudence of realities, derived from the interpretation of Cox v. Hickman, [1861] 8 H. of L. cases, 268, by the English court in Mollwo v. Court of Wards, [1872] …
Some Constitutional Phases Of The Cummins Railroad Consolidation Bill
Some Constitutional Phases Of The Cummins Railroad Consolidation Bill
Michigan Law Review
The Supreme Court in four decisions has gone far in sustaining Congress and the Interstate Commerce Commission in regulating interstate commerce: (1) in sustaining the Adamson Act of 1916, establishing an eight-hour day for interstate railroads. Wilson v. New, 243 U. S. 332 (1917); Ft. Smith, etc. R.R. 71. Mills, 253 U.S. 306 (1920); (2) in sustaining the "recapture" clause in the Transportation Act of 1920 impounding surplus earnings of prosperous railroads, Dayton-Goose Creek Ry. v. United States, decided January 7, 1924; (3) in sustaining the order of the Commission raising intrastate railroad fares which were so …
The Occupation Of Michigan, Elbridge Colby
The Occupation Of Michigan, Elbridge Colby
Michigan Law Review
The British military occupation of Michigan during the war of 1812 had no real military importance. The events leading up to it were then discussed, and have since been, more as a matter of the propriety or impropriety of the conduct of General Hull and the ineffectiveness of our national military organization for war. From the standpoint of politics the incident is of slight significance. But from the standpoint of the history of belligerent occupations and military government it illustrates and touches upon several distinctly legal points.
Bills And Notes--Payee As Holder In Due Course
Bills And Notes--Payee As Holder In Due Course
Michigan Law Review
The problem indicated is one which has perplexed courts very frequently since the enactment of the Uniform Negotiable Instruments Law. Many of the cases dealing with the question are cited and reviewed in successive notes in 15 A. L. R. 437; 21 A. L. R. 1365; 26 A. L. R. 769. See also 59 PA. L. REV. 471 ; 64 Ibid. 318; 70 Ibid. 52; 10 CAL. L. REV. 413; 24 YALE. JOUR. 429; 28 Ibid. 197, 710; 30 HARV. L. REV. 515: 20 MICH. L. REV. 908; 21 MICH. L. REV. 591. Some recent cases may …
Injunction As Remedy For Unlawful Taxation
Injunction As Remedy For Unlawful Taxation
Michigan Law Review
Whether or not a court of equity should issue an injunction restraining the assessment or collection of an illegal or wrongful tax is a question concerning which there is little harmony among the cases and writers. 4 POMEROY, EQUITY JURISPRUDENCE, ed. 4, §1781; HIGH, lNJUNCTIONS, ed. 3, §484, p. 363; 37 HARV. L. REV. 255.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Constitutional Law-Interstate Commerce-The Transportation Act Of 1920
Constitutional Law-Interstate Commerce-The Transportation Act Of 1920
Michigan Law Review
Contemporaneous comments on Supreme Court decisions involving the "due process" clause too often resolve themselves into mere "debates" as to the wisdom of the particular legislation in question, either from the standpoint of the ultimate object to be accomplished or the methods adopted for its accomplishment. Strongest adherents of our unique system of judicial review must admit that, after all, the duty of the Supreme Court consists primarily in determining whether or not the legislation before it is valid, not whether it is, or is not, a politic enactment.
Interest And Duty In Relation To Qualified Privilege, Harold A. Jones
Interest And Duty In Relation To Qualified Privilege, Harold A. Jones
Michigan Law Review
From the standpoint of the civil law of defamation it is perfectly. permissible to say what one pleases of a man when the subject of the charge is the only person present. To make the same communication to others, however, may be to invite a lawsuit; and the difference between idle gossip and legitimate interest is often the determining factor in ascertaining liability. If Smith calls Brown a thief, they two being alone, Smith cannot be held liable. If Mrs. Smith is present, he may still be immune. If the statement is made in a lodge meeting, Smith still might …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
The Operation Of The Recording Acts, Ralph W. Aigler
The Operation Of The Recording Acts, Ralph W. Aigler
Michigan Law Review
As between successive transfers of land by the same transferor purporting to create legal interests it was the almost invariable rule of the common law that priority in right was determined by priority in time. This followed naturally from the fact that after A had conveyed to B there was no interest left in A which he could transfer to C; first in time was first in right because there was nothing left for the second transferee. Notice and lack of notice were wholly immaterial.
Some Unofficial Relations With Soviet Russia, Everett S. Brown
Some Unofficial Relations With Soviet Russia, Everett S. Brown
Michigan Law Review
On August 28, 1923, Colonel William N. Haskell, in charge of the distribution work of the American Relief Administration in Russia, reported to Herbert Hoover on the accomplishments of that organization. In a period of less than two years, 1921 to 1923, nearly 1,000,000 tons of food, seed, clothing and medical supplies were bought in the United States for distribution in Russia. At the height of its activity the American Relief Administration fed nearly II,000,000 men, women and children daily. Supplies for over 15,000 hospitals and institutions were furnished, and over 7,000,000 individuals were inoculated or vaccinated in the campaign …
Labor Legislation Under The Treaty Power
Labor Legislation Under The Treaty Power
Michigan Law Review
Does the treaty making power of the United States offer a method of enacting constitutionally valid federal laws, which under other delegated federal powers would be unconstitutional? The Constitution of the United States provides: Art. II, §2 (2) "He (the president) shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur * * *·" Art I, §8 (18) That Congress shall have power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this …
Conflict Of Laws-"Full Faith And Credit"-Injunction Restraining Suit In Foreign State
Conflict Of Laws-"Full Faith And Credit"-Injunction Restraining Suit In Foreign State
Michigan Law Review
X, an Iowan, is injured by Y, a fellow citizen, who obtains an injunction in Iowa restraining X from suing in Minnesota. X having subsequently commenced suit in Minnesota, Y files his bill asking the court of that state to enforce the Iowa decree. Should the Minnesota court enforce the foreign injunction decree, as a matter of "comity"? Must it do so, under the "full faith and credit" clause? Strangely enough the Minnesota court has had two of the comparatively small number of cases involving these particular questions. In State ex rel. Bossung v. District Court, 140 Minn. 494, …
The Machinery Of Procedural Reform, Edson R. Sunderland
The Machinery Of Procedural Reform, Edson R. Sunderland
Michigan Law Review
Much has been said and written about the imperfections of legal procedure. It is a subject of great interest and concern to the bar and to the public. Since rules of practice prescribe the conditions under which rules of law may be made operative, in so far as they fail of their purpose the law itself becomes ineffective. Lord Campbell is reported to have said that "The due distribution of justice depends more upon the rules by which suits are conducted than on the perfection of the code by which rights are defined."
Anticipatory Breach And The Enforcement Of Contractual Duties, Henry Winthrop Ballantine
Anticipatory Breach And The Enforcement Of Contractual Duties, Henry Winthrop Ballantine
Michigan Law Review
The doctrine of anticipatory breach, announced in England in 1853 in the leading case of Hochster v. De La, Tour, presents some interesting questions of legal theory. While it has been almost universally accepted by the courts of this country, the principles upon which the doctrine rests have been seriously questioned and the courts have shown an unfortunate bewilderment and hesitation in its extension and application. Professor Williston, probably the leading American authority in the field of contracts, has for many years been a vigorous critic of this doctrine. He goes so far as to assert that the doctrine …
Humanitarian Intervention In International Law As Related To The Practice Of The United States, Malbone W. Graham
Humanitarian Intervention In International Law As Related To The Practice Of The United States, Malbone W. Graham
Michigan Law Review
One of the outstanding results of the Great War, as regards international law, has been the tendency to question the bases of that law and to subject almost every portion of it to a minute examination, to determine its adequacy in governing effectively the relations of states to each other. This wholesale questioning has not confined itself merely to the laws of war and of neutrality-open as most of them may be to objection as a result of the practices in the course of the war-but also to the international law of peace, as regards the doctrine of the equality …
Aliens-Right To Own Or Lease Land-Effect Of "Equal Protection" Clause
Aliens-Right To Own Or Lease Land-Effect Of "Equal Protection" Clause
Michigan Law Review
Right of alien residents under the "equal protection" clause of- the federal Constitution received further delimitation in the Alien Land Law Cases, decisions handed down last November. Terrace v. Thompson (U. S. 1923), Adv. Ops. 35, and Porterfield v. Webb, Adv. Ops. 42. In the former case the court was concerned with a Washington statute passed to enforce a provision in the Washington constitution that forbade the ownership of land by any aliens other than those who had in good faith declared their intention to become citizens. The California statute in the second case differed chiefly in limiting its …
Real Property-Alienation-Limitation
Real Property-Alienation-Limitation
Michigan Law Review
In the field of property as in that of personal rights (including contract) we still encounter occasionally the specter of certain supposedly absolute rights. The courts have had to declare often enough that the owner's rights of use are limited by the like rights of other owners, by considerations of public policy, public convenience, etc.; it is not so often that a court deals explicitly with the limitations upon an owner's power of disposing and leasing his property. In Terrace v. Thompson, recently decided by the United States Supreme Court (Nov. 12, 1923) it was urged by a United …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Coke-Parliamentary Sovereignty Or The Supremacy Of The Law?, R. A. Mackay
Coke-Parliamentary Sovereignty Or The Supremacy Of The Law?, R. A. Mackay
Michigan Law Review
Few legal authorities have received such conflicting interpretations as Sir Edward Coke. American jurists have turned to him as the legal father of judicial review, English jurists have found in him the authority for Parliamentary Supremacy, The cause of these conflicting interpretations is partly Coke's obscure style. Coke was an encyclopedist rather than a philosopher of the law: his ideas must be dug out and fused together from an heterogeneous mass of apparently unrelated statements. Even his Reports are legal and literary puzzles, a mixture of advocates' pleas, judicial decisions, and probably Sir Edward Coke's personal opinions as well. Hence …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.