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Articles 7591 - 7620 of 8432
Full-Text Articles in Entire DC Network
Constitutional Law--"Liberty" Under Fourteenth Amendment--Validity Of Foreign Languages Statutes
Constitutional Law--"Liberty" Under Fourteenth Amendment--Validity Of Foreign Languages Statutes
Michigan Law Review
Nine states during the months immediately following the conclusion of the World War passed statutes in substantially the same language, forbidding the teaching of any modem language except English to children below the eighth grade in any school, private or public. Ohio also passed a law applying only to the German language. Teachers in Nebraska, Iowa, and Ohio were convicted during 1920 and 1921 of violating these statutes and, after the supreme courts of the various states had held them valid, their cases were combined in an appeal to the United States Supreme Court. Held, the statutes deprived appellants …
Statutory Regulation Of Railway Equipment Agreements, Kenneth Duncan
Statutory Regulation Of Railway Equipment Agreements, Kenneth Duncan
Michigan Law Review
Form of Equipment Contracts. A large part of the rolling stock and equipment obtained by railroads in the United States and Canada is financed through the issue of equipment obligations. At the present time, approximately three-quarters of a billion dollars, par value, of these securities are outstanding, and they have come to constitute about six per cent. of the aggregate funded debt of railroads. Yet in spite of their large and growing importance, they are probably not as well understood as other common forms of corporate securities, and it is doubtful if many lawyers are fully cognizant of the …
The Permanent International Court Of Justice
The Permanent International Court Of Justice
Michigan Law Review
The writer has already commented, in an earlier number of this Review, upon the plan for a Permanent Court of International Justice which was formulated by a committee of jurists at The Hague in the summer of 1920 and amended and approved by the Council and Assembly of the League of Nations in December of the same year. 19 MICH. L. REV. 413. The plan became operative upon ratification by a majority of the members of the League in September, 1921, and judges were elected immediately thereafter. The Court's first session opened at The Hague in January, 1922. The present …
Constitutionality Of Acts For Conservation Or Retention Of Natural Gas Within The State
Constitutionality Of Acts For Conservation Or Retention Of Natural Gas Within The State
Michigan Law Review
The distribution of our natural resources creating among our several states an economic inter-dependence of varied degrees, and the growing appreciation of the danger of approaching exhaustion in various fields, has very naturally prompted the legislatures of some of the states to enact statutes which have been broadly designated as "conservation acts," though some of them could be described more accurately as "domestic preference acts". Most of these statutes are calculated to prevent waste, arc real conservation measures, and have nearly always been upheld. Ohio Oil Co. v. Indiana, 177 U. S. 190, concerned a statute making it unlawful …
Crimes--Double Jeopardy--Identity Of Offenses
Crimes--Double Jeopardy--Identity Of Offenses
Michigan Law Review
The principle that no person shall be twice put in jeopardy for the same offense appears too clear and precise to afford much opportunity for litigation over its application. Judicial utterances and decisions belie the appearance, however. The difficulty is in determining identity of alleged offenses. The most frequently uttered test is that of Buller, J., in Rex v. Vandercomb, 2 Leach, C. C. 708, that, "unless the first indictment were such as the prisoner might have been convicted upon by proof of the facts contained in the second" indictment, an acquittal on the first indictment can be no …
Shipping Act Of 1916: The Effect Of Section 15 On The Sherman Anti-Trust Law, Claude A. Thompson
Shipping Act Of 1916: The Effect Of Section 15 On The Sherman Anti-Trust Law, Claude A. Thompson
Michigan Law Review
Does the approval of a conference agreement by the Shipping Board under section 15 of the Shipping Act of 1916 legalize an agreement, which, but for such approval, would be in violation of the Sherman Anti-Trust Law?
The Unrecognized Government Or State In English And American Law, Edwin D. Dickinson
The Unrecognized Government Or State In English And American Law, Edwin D. Dickinson
Michigan Law Review
Probably no one in the British Empire or the United States would question the doctrine that it belongs exclusively to the political departments to recognize new governments or states. The difficulties involved are those which arise in the application of a doctrine so broadly stated. Not every situation involving an unrecognized government or state requires the decision of a question of recognition. If the decision of a political question is not involved, then it is entirely proper for the courts to take cognizance of a mere de facto government or state. In what situations may the courts appropriately take account …
Constitutional Law--Due Process--Kansas Industrial Court
Constitutional Law--Due Process--Kansas Industrial Court
Michigan Law Review
Has the State power to regulate wages and to secure continuity of functioning in essential industries? The U. S. Supreme Court, in Wolff Packing Co. v. Court of Industrial Relations of Kansas, -- U. S. -- Adv. Op. June 11, 1923, says no, at least as to individuals or corporations, engaged in the production of food, but not strong enough to dominate or control the industry. The case involves the validity, under the Federal Constitution, of the Kansas Act establishing the Court of Industrial Relations, referred to hereinafter as the "Industrial Court." Special Session Laws of Kansas, 1920, Chap. …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
The Ship Mortgage Act Of 1920, George L. Canfield
The Ship Mortgage Act Of 1920, George L. Canfield
Michigan Law Review
Maritime loans have been usually secured by either bottomry bonds or ship mortgages. The former constituted maritime liens of high and privileged character, while the latter had no standing in admiralty at all except as to remnants after all other claims against the ship had been satisfied. The statute now under discussion, being part of general legislation for the revival of the American merchant marine, makes "preferred mortgages" thereunder maritime liens, enforceable by admiralty process in rem. The changes made by the statute in existing law are radical and its construction by the Supreme Court will be of great …
The Unrecognized Government Or State In English And American Law, Edwin D. Dickinson
The Unrecognized Government Or State In English And American Law, Edwin D. Dickinson
Michigan Law Review
Two years ago an American citizen who had been a resident of Mexico for many years died intestate in Mexico City. The widow was appointed administratrix by one of the Mexican civil courts. Finding among the papers a number of notes executed by an American corporation payable to the deceased, the administratrix began an action in New York to have whatever was due upon the notes paid to the estate. The corporation's attorneys moved for judgment on the pleadings, contending that an administratrix appointed by a Mexican court can maintain no action in courts of the United States so long …
Conciliation Of Controversies
Michigan Law Review
It is a matter of common criticism more or less just that the administration of law is unnecessarily tedious and expensive. Particularly among those of the poorer classes is it true that the delay and expense incident to the enforcement of small claims amounts to a practical denial of justice. With a view toward relieving this situation, North Dakota adopted the first state-wide act for the conciliation of controversies. Chapter 38, Laws of North Dakota, 1921. That act has recently been put to the test and upheld in the case of Klein v. Hilton (N. D., 1922), 191 N. W. …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Conflict Of Laws--The Uniform Divorce Act And Full Faith And Credit
Conflict Of Laws--The Uniform Divorce Act And Full Faith And Credit
Michigan Law Review
in spite of the recognized need for uniformity in divorce law, the Act Regulating Annulment of Marriage and Divorce has not met with widespread favor. This act was framed by the National Congress on Uniform Divorce Laws in 1900 and was approved in 1907 by the National Conference of Commissioners on Uniform State Laws. It has been adopted only by Delaware, New Jersey, and Wisconsin. While general adoption would remove much of the present uncertainty in the law, some interesting problems are still left for solution.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Legislation In Vague Or General Terms, Ralph W. Aigler
Legislation In Vague Or General Terms, Ralph W. Aigler
Michigan Law Review
For some reason, probably in part the increasing complexity of our life and relationships, but more largely, perhaps, the growing tendency to regulate everybody and everything by positive law, the courts have been called upon with increasing frequency to pass upon the effectiveness of statutes and ordinances phrased in indefinite terms. In a very interesting and valuable paper, Professor Freund has pointed out the weakness and strength, on the one hand, of legislation in general terms, and on the other hand, legislation in which the rule of conduct is attempted to be laid down with precision. His interest apparently lay …
Price Discrimination As Unfair Competition, John Leland Mechem
Price Discrimination As Unfair Competition, John Leland Mechem
Michigan Law Review
Is it lawful for a manufacturer to make one price to one purchaser and a different price to another. for the same quantity, grade. and quality of his product? Is it ]awful to discriminate in price between wholesalers and retailers? Is it lawful to class "chain stores" and cooperative retail dealers' associations as retailers. and refuse them the advantage of the wholesale price list?
Railway Valuation In Condemnation Proceedings--Relation To Rate Making
Railway Valuation In Condemnation Proceedings--Relation To Rate Making
Michigan Law Review
ln England the reproduction cost of a railroad is disregarded in fixing the price which a government must pay on taking over the property. Grand Trunk Ry. v. The King [1923] A. C. 150, which affirmed the decision of two out of three arbitrators that the preferred and common stockholders should get nothing, inasmuch as the earning capacity of the railroad gave them no value, and the "reproduction" or "reconstruction'' or "replacement" value of the railroad was immaterial. Mr. Taft, now Chief Justice of the Supreme Court of the United States, was one of the arbitrators and dissented. The opinions …
Fundamextal Tendencies In Modern Jurisprudence, Rudolph Stammler
Fundamextal Tendencies In Modern Jurisprudence, Rudolph Stammler
Michigan Law Review
Empiricism is a variety of skepticism. Both refuse to consider the possibility of a fundamental ordering of the mental life. But they are differentiated one from the other in the manner of working out this refusal.
Constitutional Law--Minimum Wage Law For Women As A Violation Of The Fifth Amendment
Constitutional Law--Minimum Wage Law For Women As A Violation Of The Fifth Amendment
Michigan Law Review
The advance of so-called social legislation within the last several decades has furnished an intensely interesting period in constitutional and industrial development. The last skirmish with the fast-disappearing forces of logic and anachronistic formalism seems to have been fought in the recent case of Adkins v. Lyons (April 9, 1923), U. S. Adv. Ops. 795 and 796.
Declaratory Judgments
Michigan Law Review
The Connecticut legislature passed an act in 1921 authorizing courts to make binding declarations of rights. The act was attacked as unconstitutional on the same ground raised by the supreme court of Michigan against the Michigan Declaratory Judgment Act in the case of Amway v. Railway Co., 211 Mich. 592, 12 A. L. R. 26, namely, that declaring rights was not a judicial function. But the Supreme Court of Errors of Connecticut sustained the act as in no way contravening the constitution. Braman v. Babcock (Conn., 1923), 120 Atl. 150.
Internationial Aspects Of Prohibition Enforcement
Internationial Aspects Of Prohibition Enforcement
Michigan Law Review
The Eighteenth Amendment to the Federal Constitution prohibits "the manufacture, sale, or transportation oi intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes." 40 Stat. 1050, 1941. In the National Prohibition Cases, 253 U. S. 350, 386, the amendment was said to be operative "throughout the entire territorial limits of the United States." As originally enacted, the National Prohibition Act did not in terms define its territorial field, but a supplemental provision afterwards enacted declares that the act "shall apply not only …
Torts--Power Of A Minicipal Corporation To Sue For Libel
Torts--Power Of A Minicipal Corporation To Sue For Libel
Michigan Law Review
Can a municipal corporation maintain an action for libel? The recent $10,000,000 libel suit instituted by the City of Chicago against the Chicago Tribune promises to become a leading case in the solution of this question. The declaration filed by the city alleged ownership of property used in city affairs and that the city purchased materials for the maintenance of such property largely upon credit. It charged that libellous statements were falsely and maliciously published by the Chicago Tribune to the effect that the city was bankrupt and could not pay its debts, with intent to destroy its credit and …
Trusts-Diversion Of Funds From One Estate By Trustee To Cover Defalcations In Another
Trusts-Diversion Of Funds From One Estate By Trustee To Cover Defalcations In Another
Michigan Law Review
Many difficult questions are continually arising in the field of trusts, but few of them are of more practical importance than the one presented where A, being trustee of two or more trust estates, wrongfully uses money of one trust estate, and takes money from another to pay it back. Such a question was presented in the recent case of Whiting v. Hudson Trust Co. (N. Y., 1923), 138 N. E. 33. In that case, one Eckerson was executor of the Denham estate and trustee and executor of the Snyder estate. He kept an account with the trust company as …
Boycott--Conclusions Or Emotions
Boycott--Conclusions Or Emotions
Michigan Law Review
One fertile source of friction growing out of the eternal struggle between capital and labor is the boycott. Standing out in definite relief for scarcely more than a generation, its effectiveness has led to interminable litigation. As might be expected, the boycott pronouncements of the courts in this formative period have had to undergo the most searching challenge and scrutiny. That this scrutiny will be focused upon the results of the recent first impression case before the Iowa supreme court cannot be doubted. See Ellis v. Journeyman Barbers I. U. of America (Iowa, 1922), 191. N. W. III.
Foreign Marriages And The Conflict Of Laws, Herbert F. Goodrich
Foreign Marriages And The Conflict Of Laws, Herbert F. Goodrich
Michigan Law Review
It is common these days to speak of marriage as a contract. Not only do we use the term "marriage contract" as meaning a promise to marry in the future, but also to describe the contract or expression of consent by which the parties take each other for husband and wife. The statutes of many of our states declare marriage to be a "civil contract." A moment's thought will show great differences between marriage and the ordinary civil contract. A marriage contract can be contracted only between a man and a woman; it has no validity if one of the …
A Critique Of Methods For Alteration Of Women's Legal Status, Gladys Wells
A Critique Of Methods For Alteration Of Women's Legal Status, Gladys Wells
Michigan Law Review
A case was appealed because all women electors were excluded from the jury. Held, the Nineteenth federal Amendment merely prohibits discrimination, leaving the states to confer the right of suffrage. Moreover, jury service is distinct therefrom; and the state constitution excludes women by providing for juries of twelve "men." If being an elector ipso facto entitled to jury service, the legislature could prescribe no other limitation. No question of violation of the Fourteenth Amendment can be raised since the accused does not belong to the excluded class.