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Articles 8221 - 8250 of 8432
Full-Text Articles in Entire DC Network
Is A Provision For The Initiative And Referendum Inconsistent With The Constitution Of The United States?, W. A. Coutts
Is A Provision For The Initiative And Referendum Inconsistent With The Constitution Of The United States?, W. A. Coutts
Michigan Law Review
We are told today that the Constitution of the United States forbids the adoption of the Initiative and the Referendum, as these involve such purely democratic principles as to be inconsistent with the republican form of government guaranteed by the fourth section of the fourth article of the Federal Constitution. The special interests that are opposed to the Initiative tell us that we must find some other cure for the evils at which it aims; that the Initiative is a purely democratic principle and, as such, it is forbidden by the fourth section of the fourth article of the Federal …
Recent Legal Literature, Victor H. Lane, Joseph H. Drake
Recent Legal Literature, Victor H. Lane, Joseph H. Drake
Michigan Law Review
Van Dyne: a Treatise on the Law of Naturalization of the United States; Various: Select Essays in Anglo-american Legal History;
The Work Of The Second Hague Conference, W. F. Dodd
The Work Of The Second Hague Conference, W. F. Dodd
Michigan Law Review
The second Hague Conference came to an end on October 18, 1907, after sitting for more than four months. In the popular mind the Conference has been dismissed as a failure. No sensational actions were taken, and the quiet and solid work of a group of international lawyers has had little attraction for the general public. It is, however, worth while to make a plain statement of what the Conference did and did not accomplish. The first Hague Conference in 1899 was essentially a peace conference. The question of partial disarmament was put at the head of the Russian program …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Acknowledgement--Impeachment--Examination of Married Woman; Bankruptcy--Discharge--Libel; Bankruptcy--Selection of Trustee--Right of Creditors to Elect; Bills and Notes--Genuine Draft with Forged Bill of Lading; Bills and Notes--Release of Indorsers; Carriers--Refulsal to Give Transer--Passenger's Motive in Requesting; Covenants--covenant Against Incumbrances--Runs with the Land; Deeds--Parties--One Not Names as Grantor Signing; Elections--Corrupt Practices Act--who is a Candidate; elections--voting Machines--Statute Unconstitutional; Eminent Domain--Taking of railroad Right of Way for Street Purposes--Measure of Damages; Equity--maxims--application in Suit for Divorce on Statutory Grounds; Evidence--Opinion as to One's Physical Condition--Expert Testimony; Foreign Corporations--Right to do business in State can Become Vested; Foreign Corporations--Service of Process on--What Constitutes "Doing Business"; Foreign …
Notice To, Or Knowledge Of, An Agent, Floyd R. Mechem
Notice To, Or Knowledge Of, An Agent, Floyd R. Mechem
Michigan Law Review
In general-the question frequently arises whether the principal may be affected not only by the agent's acts and contracts, but also by the knowledge which he may possess, or the notice which may come to him, respecting the subject matter of the agency, and which would have affected the principal had it come to him while he was acting in person. The question has arisen in a great variety of forms, but the answer has been substantially uniform, and is commonly found stated in the language of the following section. Many reasons have been assigned, but they are all predicated …
Are Too Many Executive Officers Elective?, Bradley M. Thompson
Are Too Many Executive Officers Elective?, Bradley M. Thompson
Michigan Law Review
Michigan manage and conduct state affairs. No one would ship a dead dog over that line without having taken the precaution to skin the animal and save his hide. Listen to the conclusion of the whole matter. Give the people an opportunity to govern the state. Amend the constitution and provide for the election of just two state executive officers, a governor and a lieutenant governor. Give the governor power to appoint by and with the advice and consent of the senate, the other state officers now elected, with power to remove at will such officers to constitute his counsel …
Roman Law And Mohammedan Jurisprudence, Part 2, Theodore P. Ion
Roman Law And Mohammedan Jurisprudence, Part 2, Theodore P. Ion
Michigan Law Review
In examining the early life of the Romans and comparing it with the social condition of the people of the Arabian peninsula in the pre-Islamic times, who are rightly considered the best type of the race, amongst those who embraced the faith of Mohammed, we are immediately struck with the great similarity that existed between the Roman gens; or the Greek ϒένος; and the Arabian Akila, though it cannot thereby be concluded that this likeness necessarily denotes a descent from the same stock. A distinguished French orientalist, in observing this striking similarity, ventured to conjecture that both …
Note And Comment, Harry B. Hutchins, Ross F. Moore, John E. Winner
Note And Comment, Harry B. Hutchins, Ross F. Moore, John E. Winner
Michigan Law Review
The International Law Association and Its Last Meeting; The Extent to Which the Action of Medical Boards may be Controlled By Mandamus; The Effect Upon An Illegal marriage of Cohabitiation After the Removal of the Impediment;
Historical Lights From Judicial Decisions, Edward Cahill
Historical Lights From Judicial Decisions, Edward Cahill
Michigan Law Review
The history of a nation is to be looked for in a great variety of places. Its traditions, its public and private records, its religious and social orders, its literature and its laws, each yield copious results to the researches of the historian. The social, religious and economic conditions of a nation at any period of its history, the state of the· domestic relations, the rights of property and of succession, the growth of personal liberty, all these and many more find their accurate expression sooner or later, in the written or unwritten laws of the land. And the movement …
Recent Legal Literature, Henry M. Bates, Henry M. Bates, Evans Holbrook
Recent Legal Literature, Henry M. Bates, Henry M. Bates, Evans Holbrook
Michigan Law Review
Calvert: Regulation of Commerce, Under the Federal Constitution; Prentice: The Federal Power over Carriers and Corporations; McCall: the Clerk's Assistant, containing a large variety of legal forms and instruments adapted not only to county and town officers, but to the wants of professional and business men throughout the United States;
The Constitution Of Oklahoma, John A. Fairlie
The Constitution Of Oklahoma, John A. Fairlie
Michigan Law Review
The constitution of the latest state to be admitted to the Federal Union contains many interesting features, some significant of recent tendencies in state government, and others distinctly novel, which suggest queries as to the probable trend of future development. Public attention has already been attracted to some of the most striking provisions; and a more careful analysis of the constitution as a whole should be of value to those concerned in the problems of American government. At the outset, one familiar with the constitution of the older states will be struck by the length of the Oklahoma document. It …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Agency--Evidence of Performance--right to Compensation--Acting for both Parties; Assignment for Benefit of Creditors--Marshaling Assets; Bonds--Bona Fide Purchasers--Mandamus--Redemption of Bonds; Carriers--may, as Lessors, Contract for Total Exemption from Liability for Negligence; Constitutional law--Jurisdiction of Federal Courts to Review Contempt Proceedings in State Court; Contracts--Accord and Satisfaction--Consideration; Criminal Law--Venue--Statutes--Validity; Damages--Conversion; Deeds--Construction--Intent of Parties; Deeds--Seal Essential; Dower--rights of Widow Pending Assignment--Possession of Lands; Eminent domain--Interurban Railways; Evidence--Presumption as to Foreign Law; Fee Simple Estate--Restraints on Alienation; Fraudulent Conveyances--Sales in Bulk--Validity as Between the Parties--Lien for Price; Husband and Wife--Separation Agreements--Validity; Insurance--Fire--Concurrent Insurance; Insurance--Mutual Benefit--Unreasonable Change of By-Laws; Judgment--Res Judicata; Master and Servant--Liability of …
Note And Comment, Harry B. Hutchins, Frank B. Fox, Frank P. Helsell, Burns A. Henry, Clyde Dewitt
Note And Comment, Harry B. Hutchins, Frank B. Fox, Frank P. Helsell, Burns A. Henry, Clyde Dewitt
Michigan Law Review
Liability of Carriers for Injuries Arising from Failure to Have Waiting Rooms Properly Heated; Special Assessments and Railroad Rights of Way; State and Federal Regulation Rates; Duty Toward Trespassing Children Where a Dangerous Article is Left in the Street; Collateral Attack on Injunctional Orders;
Case Of The Monopolies Some Of Its Results And Suggestions, Sydney T. Miller
Case Of The Monopolies Some Of Its Results And Suggestions, Sydney T. Miller
Michigan Law Review
Apparently the monopolistic idea is as old as the history of man. That great and good man, Job, may be counted as the earliest recorded "trust-buster," if we read between the lines of his story, and Solomon said, "He that withholdeth corn, the people shall curse him; but blessing shall be upon the head of him that selleth it." Doubtless, by exhaustive search, we could find some record of attempts to monopolize during each century from Biblical days to the time of printing, and as surely there must have been a countermovement. But not until the last five hundred years …
Note And Comment, Henry M. Bates, Robert M. See, Horace Lafayette Wilgus, Clyde A. Dewitt
Note And Comment, Henry M. Bates, Robert M. See, Horace Lafayette Wilgus, Clyde A. Dewitt
Michigan Law Review
Courts--Jurisdiction of Circuit Court--Enjoining Writ of Error; Criminal Law--Arraignment--Waiver; Damages--Personal Injuries--Expense of Nursing; Deeds--Boundaries--Navigable Waters; Deeds--Variance Between Granting Clause and Habendum--Construction; Eminent Domain--Use of Urban Street Car Lines by Interurban Cars; Evidence--Admissibility of Statement of One Partner to a Commercial Agency as to Asset and Liabilities; Evidence--Admission of a Carbon Copy of a Contract as a Duplicate Original; Federal Courts--jurisdiction--Action Against State Officers; Foreign Corporations--Liability to be Sued; Homicide--Self-Defense--Provoking Difficulty; Insurance--Certificate Silent as to Suicide; Joint Stock Associations--have they at Common law Powers and Privileges of a Corporation not Possessed by Individuals or Partnerships?; Municipal corporations--Protecting Against Fraud by Ordinance--Sale …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adoption--Who is a "Child"; Agency--Ratification--Act Must Have Been Done as Agent--Trusts--Pretended Agent as Constructive Trustee; Bankruptcy--Assets--Commissions of Agent on Policies Written Prior to Adjudication; Bankruptcy--Property Held Under conditional Sale--Right to Reclaim; Banks and Banking--Usury Laws--Notes Purchased in Good Raith--Power of Congress to Regulate National Banks; Bills and Notes--Execution in Blank--Statutory Provisions; Constitutional Law--Inheritance Tax--due Process of Law; Contracts--Abandonment--Recovery;
Recent Legal Literature, Charles A. Kent, Joseph H. Drake
Recent Legal Literature, Charles A. Kent, Joseph H. Drake
Michigan Law Review
Brown: The Austinian Theory of Law; Schuster: the Principles of German Civil Law
Federal Treaties And State Laws, Charles Noble Gregory
Federal Treaties And State Laws, Charles Noble Gregory
Michigan Law Review
The rights of foreigners, in case of conflict between federal treaties with their several countries and laws enacted by the states, have been recently much considered. Such questions are undoubtedly to be solved by constitutional law under our frame of government, but they so directly affect our international obligations and relations that they are habitually treated as proper topics to be discussed in our best works on International Law.
Note And Comment, Harry B. Hutchins, Edwin C. Goddard
Note And Comment, Harry B. Hutchins, Edwin C. Goddard
Michigan Law Review
The Liability of Charitable Corporations for the Torts of Their Servants; the Powers of General and Special Agents; Municipal Ordinances Licensing Trades and Occupations; "Sic Utere Tuo Ut Alienum Non Laedas"; Interference with the Formation of Contracts; The Right of Directors to Use Corporate Funds in Getting Proxies From the Stockholders; Sales Void for Uncertainty and Lack of Mutuality; The Negotiable Instruments Law as Affecting the Discharge of Accommodation Maker and Surety by Extension of Time of Payment
The Beveridge Child Labor Bill And The United States As Parens Patriae, Andrew Alexander Bruce
The Beveridge Child Labor Bill And The United States As Parens Patriae, Andrew Alexander Bruce
Michigan Law Review
Although strenuous opposition has been encountered in the courts whenever an attempt has been made by the legislatures to interfere with the contractual freedom of adults in matters pertaining to the contract of employment, the right of interference in the case of children has been always conceded. From an early time minors have been placed under contractual disability by the law and have been looked upon as wards of the State. Having denied to them a full measure of contractual freedom, the State can hardly deny an equivalent protection; in fact the rule of contractual disability is in a large …
The Constitutionality Of Federal Legislation Concerning Employer And Employee Engaged In Interstate And Foreign Commerce, Carl V. Wisner
The Constitutionality Of Federal Legislation Concerning Employer And Employee Engaged In Interstate And Foreign Commerce, Carl V. Wisner
Michigan Law Review
To what extent does the relation of employer and employee, when engaged in interstate or foreign commerce, come within the regulating power of Congress? The power of Congress to legislate concerning employer and employee, where the service is rendered in interstate or foreign commerce, has been recently questioned in several important Federal decisions. The ground on which such legislation has been challenged is that it is an attempt by Congress to regulate what is not commerce, that "creating new liabilities growing out of the relations of master and servant on the one hand and regulating commerce on the other are …
Recent Legal Literature, Charles A. Kent, Evans Holbrook
Recent Legal Literature, Charles A. Kent, Evans Holbrook
Michigan Law Review
Raeburn: Commentaries on the Constitution of Pennsylvania; Bigelow, Adams, et al.: Centralization and the Law; Freeman: The American State Reports. Containing cases of general value and authority, etc.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy--Insurance Policies--Cash Surrender Value; Bankruptcy--Partnership and Individual Assets; Bills and Notes--Payment by the United States of Pension Checks on Forged Indorsements--Recovery of Payment; Common Carriers--Defective Transfers; Constitutional Law--Commerce in Intoxicating Liquors--License Tax of Traveling Salesman; Constitutional Law--Equal Protection of the Law--State Statute; Constitutional law--Police Power--Flag Legislation; Contracts--Assignments of--Right of Assignee Against Debtor; Corporations--Acquisition of Exemption in Merger; Deeds--Construction and Operation--Reservation and Exception; Deeds--Suit to Set Aside--Duress of Wife--Parties in Pari Delicto; Evidence--Confessions to One Not in Authority--Admissibility; Foreign Corporations--Effect on contracts of Failure to Register--Contracts; Fraud--Independent Investigation; Frauds, Statute of--agreement to Deal in Lands; Husband and Wife--Right to Disposition of …
A Written Constitution In Some Of Its Historical Aspects, Andrew C. Mclaughlin
A Written Constitution In Some Of Its Historical Aspects, Andrew C. Mclaughlin
Michigan Law Review
That an institution of government, like an institution or practice of society, is a growth and not a creation is now an accepted proposition. No one seeks to argue for it; no one endeavors to deny it. The introduction of this idea into our political thinking strongly influenced our methods and our ideas. In no field of study has the evolutionary idea shown itself more strongly than among workers in history and political science. And yet occasionally one is surprised by seeing how recently this idea has manifested itself in the examination of some historical problems. Until a short time …
Commercial Aspect Of Uniform State Laws, Francis B. James
Commercial Aspect Of Uniform State Laws, Francis B. James
Michigan Law Review
A T the close of the American Revolution and even after the adoption of the articles of Confederation, each American State was not only a political unit but an industrial and commercial unit. Meafis of communication were few and cost of transportation almost prohibitive except in border and coast cities. Each State not only determined its political future but its own industrial and commercial policy. The Constitution of the United States, adopted in 1789, recognized the fact that each State continued as a political unit and at the same time created another political unit, the nation at large. It also …
The Scottish Jury, Rufus Fleming
The Scottish Jury, Rufus Fleming
Michigan Law Review
The origin of the jury is one of the subjects on which an agreement has not been. reached by writers on the history of law. A number of theories have been put forward at different times. At this day two of these theories receive considerable support. The first is that the jury system is a gradual and natural sequence from the modes of trial in use among the Anglo-Saxons and Anglo-Normans. The second-and perhaps the one more widely accepted at present-is that we owe trial by jury to the legal institutions of the Frankish empire. (Forsyth's "History of Trial by …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy--Assigned Claim for Wages--Preference; Bankruptcy--time of Filing Claims; Banks and Banking--Liability of Stockholders--Unregistered Transfer; Banks and Banking--What is a Bank?; Bills and Notes--Indorsement Before Issue--Liabilities; Bills and Notes--usury--Evidence--Burden of Proof; Carriers--Freight Elevators as Carriers of Passengers; Carriers of Passengers--Servants--Communication of Disease; Constitutional Law--Delegation of Power; Constitutional Law--Police Power to Restrict Hours of Labor; Contracts--Mutuality; Courts--Criminal Law--Instructions to Jury; Covenants--Warranty--claims "By, Through or Under" Grantor--Eminent Domain; Criminal Law--Exclusion of Public From Trial; Criminal Law--Trial--conduct of Jury--comments on Defendant's Failure to Testify; Divorce--Custody of Minor Children--Duty to Support Father's Misconduct; Ejectment--When Maintainable--Easements; Estate by Entirety--Effect of Murder of Wife by Husband; Evidence--Wife …
Recent Legal Literature, Henry M. Bates, John R. Rood
Recent Legal Literature, Henry M. Bates, John R. Rood
Michigan Law Review
Clark (ed.): Probate Reports Annotated: with Notes and References; Wharton: The Law of Homicide; Ballard: Cream of the Law; The American Political Science Review;
Note And Comment, Harry B. Hutchins, Ralph W. Aigler, T. Harry Slusser, Ivan E. Chapman
Note And Comment, Harry B. Hutchins, Ralph W. Aigler, T. Harry Slusser, Ivan E. Chapman
Michigan Law Review
The James McMillan Memorial Association; Liability of Hospitals for the Negligence of Their Physicians and Nurses; Intent in Embezzlement by Corporate Official; The Validity of the Initiative and Referendum; Scope of Review, on Appeal from Decision of State Board of Health, Revoking Certificate to Practice Medicine; What are the Rights of a Person Under a Promise to do That Which He was Already under Obligation to Do?;
Some Suggested Changes In The Constitution Of Michigan, John A. Fairlie
Some Suggested Changes In The Constitution Of Michigan, John A. Fairlie
Michigan Law Review
In April of last year the proposition to call a convention to revise the Constitution of Michigan was adopted by a substantial popular vote. The approach of the time when this Convention will be called suggests the advisability of discussing at least some of the changes which may be proposed. For while the full debate on proposed changes must take place in the Convention and after its work is submitted for popular ratification, it is important that some definite ideas should be publicly considered even before the delegates are elected. At the outset it should be understood that if the …