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Articles 10891 - 10920 of 12806
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Report On Lawlessness In Law Enforcement, John Barker Waite
Report On Lawlessness In Law Enforcement, John Barker Waite
Michigan Law Review
The first part of this Report offers taxpayers little return on their investment. All it even purports to do is to inform the public that the police throughout the country sometimes use intolerable, brutal methods to extract information concerning crime and occasionally keep arrested persons out of communication with lawyers and friends until they can be questioned at length. But of these facts the public was already convinced through newspaper and magazine. Indeed, the Report itself uses the widespread public knowledge of the evil as evidence of its existence. Yet, beyond this repetition of already accepted beliefs, the Report really …
Report On Criminal Statistics, Lent D. Upson
Report On Criminal Statistics, Lent D. Upson
Michigan Law Review
Among the reports of the National Commission on Law Observance and Enforcement, probably none received so little public attention as that on criminal statistics. Statistics, even of the criminal variety, are dull at the best, and not calculated to whet the imagination. One murder may be the basis of a printed volume of gory details and misleading clues with everybody suspected from the parish curate to the author himself. But murders by the gross or bale leave all unmoved except the most hardened editorial commentator.
Report On The Causes Of Crime, Kenneth Sears
Report On The Causes Of Crime, Kenneth Sears
Michigan Law Review
The Report of the Commission, together with a number of special reports of individuals and groups concerning various features of the problem of the causes of crime, is in two large volumes of about four hundred pages each.
Report On Crime And The Foreign Born, Joseph Cohen
Report On Crime And The Foreign Born, Joseph Cohen
Michigan Law Review
That the foreign born, more than the native born, tend to run afoul of the law, especially with respect to the more serious offenses, is a popular doctrine which critical opinion in the field of criminology has long been inclined either to qualify as to essential details or to contradict in toto. Twenty years back the Federal Immigration Commission reported that all the evidence then available indicated a lesser criminality on the part of the immigrant group as a whole. Succeeding studies have supported this conclusion. That an adverse view of the foreign born should persist in the face of …
Report On The Enforcement Of The Deportation Laws Of The United States, E. Blythe Stason
Report On The Enforcement Of The Deportation Laws Of The United States, E. Blythe Stason
Michigan Law Review
This report is concurred in by nine of the eleven members of the Commission. Two members, Henry W. Anderson and Kenneth Mackintosh, file dissenting statements. The Report is accompanied by a thoroughly interesting research study of the administration of the deportation laws, prepared by Reuben Oppenheimer. Since this study constitutes the basis of the report, and since the majority of the Commission concur in the conclusions and recommendations set forth in it, the following remarks will deal primarily with the study itself.
Report On The Child Offender In The Federal System Of Justice, Fred R. Johnson
Report On The Child Offender In The Federal System Of Justice, Fred R. Johnson
Michigan Law Review
The Report concerning child offenders in the federal system of justice is a joint report for the National Commission on Law Observance and Enforcement and the White House Conference on Child Health and Protection. The study on which the report is based was conducted by Dr. Miriam van Waters, for many years the referee of the Juvenile Court of Los Angeles. Her choice to direct this study is to be commended. Not only was she in intimate contact with children who were offenders in California, but her experience in varied capacities has made her familiar with juvenile delinquency and its …
Aliens-Naturalization-The Promise To Bear Arms, John S. Tennant
Aliens-Naturalization-The Promise To Bear Arms, John S. Tennant
Michigan Law Review
In two recent cases, the Supreme Court has held that citizenship must be denied an applicant who is unwilling to promise unreservedly to bear arms in defense of the United States. One applicant, Douglas Clyde Macintosh, a Professor of Divinity in Yale University, who served for four years in France during the World War, stated that due to religious convictions he was unable to promise beforehand to fight unless, in his own opinion, the war was morally justifiable and in the best interests of humanity. The other, Marie Averil Bland, a minister's daughter who served as a nurse in the …
Constitutional Law--Compelling Witness Duty From Absent Nationals
Constitutional Law--Compelling Witness Duty From Absent Nationals
Michigan Law Review
One Blackmer, a citizen of the United States wanted as a witness in the prosecution of Fall and Sinclair, removed to France. Primarily for the purpose of compelling him to return as a witness, Congress enacted, in 1926, the statute commonly known as the Walsh Act. This act provides that whenever the Attorney General or any assistant or district attorney acting under him desires as a witness in a criminal action a person abroad who is a "citizen of the United States or domiciled therein," a subpoena may be issued addressed to a United States consul to be served by …
Husband And Wife--Actions--Tort Of Husband Affecting Wife's Property
Husband And Wife--Actions--Tort Of Husband Affecting Wife's Property
Michigan Law Review
The recent case of Ralston v. Ralston presents the question: What kind of conduct on the part of the husband will be construed as a tort to the wife's separate property so as to entitle her to sue her husband? In that case the parties were living apart under a deed of separation, executed in 1899. The alleged defamatory words, the action being libel, were contained in an inscription (referring to another woman) on a tombstone, erected by the defendant husband, which read: "In loving memory of Jennie, the dearly beloved wife of W. R. C. Ralston . . . …
Infancy-Effect Of Workmen's Compensation Act On Privilege To Disaffirm
Infancy-Effect Of Workmen's Compensation Act On Privilege To Disaffirm
Michigan Law Review
Plaintiff's decedent, a minor illegally employed, was killed while in the course of employment. As administrator, plaintiff sought to repudiate the award under the Compensation Act. He proceeded with an action at law and obtained a judgment of $20,000. On writ of error, held, judgment reversed without a new trial; the minor, not having elected otherwise, was bound by the terms of the Workmen's Compensation Act. Thomas v. Morton Salt Co., 253 Mich. 613, 235 N.W. 846 (1931).
Landlord And Tenant- Fraud - Nondisclosure Of Concealed Dangers By Lessor
Landlord And Tenant- Fraud - Nondisclosure Of Concealed Dangers By Lessor
Michigan Law Review
The plaintiff rented an unfurnished apartment to the defendant without any covenants regarding habitable condition or repairs. After six months defendant moved out. Plaintiff sued for rent, and the defense was that the house was infested with vermin, bugs, and disease germs. Held, concealment of the presence of disease germs amounted to fraud, but by delay, with knowledge of the facts, defendant lost her right to rescind. A defense based upon constructive eviction was also rejected. Leech v. Husbands (Del. 1930) 152 Atl. 729.
Review Of A Review, Charles E. Clark
Review Of A Review, Charles E. Clark
Michigan Law Review
In an interesting review of WALSH ON EQUITY, in 29 MICH. L. REV. I I 22 (June 1931 ), Professor Clarence D. Laylin appears to ascribe to me parenthood for some pleading concepts set forth in that excellent treatise ( of which I heartily approve; compare my review in 8 NEW YORK UNIVERSITY LAW QUARTERLY REVIEW 521, March, 1931). Although these ideas have been supported by able writers and courts for some time, I should not object to the honor but for the fact that Professor Laylin also seems to assume premises which in my opinion are most inimical to …
A Book Of Little Value, Ralph W. Aigler
A Book Of Little Value, Ralph W. Aigler
Michigan Law Review
The former edition of this textbook appeared in 1922, before the Negotiable Instruments Law had been adopted by all of the states. The changes in the present edition are numerous. Part III of the two former editions has hen eliminated by placing the citations to the Negotiable Instruments Law in the footnotes. Many new sections have been added. The chapter on Guaranty and Suretyship has been eliminated. The introductory chapter is essentially new, and a chapter on Amount of Recovery has been added. The chapter on Conflict of Laws has been rewritten. The author has incorporated the proposed amendments to …
State Juvenile Court Procedure For Federal Juvenile Offenders, Howard E. Wahrenbrock
State Juvenile Court Procedure For Federal Juvenile Offenders, Howard E. Wahrenbrock
Michigan Law Review
The Report on the Child Offender in the Federal System of Justice recommends the enactment of federal legislation which will provide means of utilizing the machinery of existing state juvenile courts where federal laws have been violated by children. The details of such legislation are not suggested in the Report. The legal questions to be encountered in the framing of such legislation call for careful consideration if full advantage is to be taken of the knowledge which the study made for the Commission furnishes. Some of the questions of more general interest will be taken as the subject of this …
Taxation-Retroactive Application Of Federal Estate Tax Laws
Taxation-Retroactive Application Of Federal Estate Tax Laws
Michigan Law Review
Since the passage of the first federal estate tax laws in 1916, many difficult problems have presented themselves to the United States Supreme Court and the inferior federal courts with respect to their application. Possibly nothing in this field has caused more trouble than the decision as to whether and to what extent Congress has the power to tax retroactively gifts made in contemplation of death and transfers intended to take effect in possession or enjoyment at or after the death of the donor; and further, assuming it has such power, exactly what constitutes a gift or transfer within the …
Appeal And Error - General Verdict On Several Counts- Several Specifications Of Negligence As Constituting One Cause Of Action
Michigan Law Review
In a highway accident case the plaintiff made five distinct allegations of negligence: failure to place lights upon a plank which had been placed across a highway; failure to remove the plank; permitting and suffering the plank to be placed where it was dangerous to travel; failure to construct poles, gates, and guards so that persons using the highway would be informed of the dangerous situation; and failure to employ a watchman to warn the public of the existence of the obstruction. Held, there was but one act of negligence, hence but one cause of action. Therefore, an erroneous …
Report On The Enforcement Of The Prohibition Laws Of The United States, Albert E. Sawyer
Report On The Enforcement Of The Prohibition Laws Of The United States, Albert E. Sawyer
Michigan Law Review
An attempt will be made in this comment to state the important points in the Report, and to bring together the scattered references to the various groups of information contained in the third collection now being printed by the Senate and to outline very briefly in an appendix the principal relationships between this and the Commission's report. This last is offered in the hope that it may stimulate interest in a closer analysis of this mass of very useful information which might otherwise suffer neglect, not only because of its bulk, but also because of its lack of organization.
Report On Prosecution, Rollin M. Perkins
Report On Prosecution, Rollin M. Perkins
Michigan Law Review
The logical starting point was the discovery and restatement of existing knowledge and information on these subjects, and because of the tremendous mass of material which has appeared in the form of surveys and reports within the last decade and a half, it was deemed wise to enlist the services of an expert in such matters. The analysis which he has produced, let it be added, amply justifies the Commission in his selection.
Progress Report On The Study Of The Federal Courts, Edson R. Sunderland
Progress Report On The Study Of The Federal Courts, Edson R. Sunderland
Michigan Law Review
Report No. 7 is a progress report on the study of the Federal Courts. It describes the plan and scope of the study and presents the results which have been obtained in the only district where sufficiently complete data have been obtained to justify tabulation, namely, the district of Connecticut.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 30, Issue 1 of Michigan Law Review
Report On The Cost Of Crime, Herbert F, Taggart
Report On The Cost Of Crime, Herbert F, Taggart
Michigan Law Review
The full title of the twelfth report of the National Commission on Law Observance and Enforcement is "Report on the Cost of Crime and Criminal Justice in the United States." A more descriptive title, suggested by the actual content of the report, would be "The Economic Consequences of Crime." The report constitutes a volume of 657 pages, of which the report proper covers 453 pages, and various appendices make up the balance. For the hasty reader the most essential parts are the first eight pages, constituting the Commission's comments, and the summary and recommendations, of Messrs. Goldthwaite H. Dorr and …
Taxatl0n - Liability Of Profit Made On Sale Of State Bonds To Federal Income Tax
Taxatl0n - Liability Of Profit Made On Sale Of State Bonds To Federal Income Tax
Michigan Law Review
Plaintiff, a resident of England, and defendant, a resident of New York, entered into a contract for the sale and delivery of zinc. By a clause in the contract the parties agreed that all differences arising thereunder should be arbitrated at London pursuant to the arbitration law of Great Britain. Differences arose, and the plaintiff requested the defendant in New York to concur in the selection of an arbitrator, serving notice that, in the event of failure so to do, application would be made for appointment of one as provided by statute. This notice was ignored, and a form of …
A German Work On Trade Marks And Unfair Competition In The United States, Hanna Katz
A German Work On Trade Marks And Unfair Competition In The United States, Hanna Katz
Michigan Law Review
The acquaintance of German lawyers with American trade-mark law and protection against unfair trading was based until now on the individual studies of persons especially interested in this subject. German textbooks and commentaries on industrial property rights treat international and foreign rules too, but they scarcely give a sufficient notion of how to create a valid trade-mark and protect the trader in his full enjoyment thereof in the U. S. A. Yet the necessity of having such knowledge is a rather broad one in Germany as in all other European countries selling trade-marked articles to their customers on the other …
Report On Criminal Procedure, Rollin M. Perkins
Report On Criminal Procedure, Rollin M. Perkins
Michigan Law Review
During the period of trial by battle such a proceeding served, in addition to its nominal purpose, something of the function which is now served by a World's Series ball game. From that time to this, the trial has been the spectacular aspect of the enforcement of justice in general and of criminal justice in particular. The result has been relative overemphasis upon criminal procedure in the strictly technical sense, and a corresponding neglect of the broader problems of administration. If, for instance, a conviction under a statute making it grand larceny to steal "a cow or animal of the …
A Comparative Study Of The Statutory Survival Of Tort Claims For And Against Executors And Administrators, Alvin E. Evans
A Comparative Study Of The Statutory Survival Of Tort Claims For And Against Executors And Administrators, Alvin E. Evans
Michigan Law Review
The problem of the survival of actions after death of one of the parties is unfortunately not merely a mater of history. Like the poor, it is always with us. We can no longer profitably wave aside the problems likely to be presented by a comparative study of American legislation on survival by stating that our legislation covers the same general field as do the English statutes of 4 Edward III and 3 and 4 William IV and others of less importance. There is a need for an outline of these American statutes and for a rationalization of the principles …
Lay Encroachments On The Legal Profession, E. Smythe Gambrell
Lay Encroachments On The Legal Profession, E. Smythe Gambrell
Michigan Law Review
The holding of the Minnesota supreme court in the Otterness case that: "Neither a corporation nor a layman, not admitted to practise, can practise law, nor indirectly practise law by hiring a licensed attorney to practise law for others for the benefit or profit of such hirer" is one of many recent judicial pronouncements in defense of the legal profession. These decisions may prompt many individuals to ask why there should be a professional monopoly in the practise of law. Governmental restraint against free and unregulated practise of law is not for the purpose of advancing the individual interests of …
The Liability For Taxes And Assessments Between Vendor And Purchaser
The Liability For Taxes And Assessments Between Vendor And Purchaser
Michigan Law Review
This note is concerned with the rights and duties, inter se, of vendor and purchaser with respect to the burden of taxation. The problem presents itself in the simplest form when it arises in a suit for specific performance, the question being whether the contract obligated vendor to remove the lien of certain taxes (or allow the purchaser a credit against the purchase price), or, on the other hand, obligated purchaser to pay the whole price for the encumbered land (or pay vendor, in addition to purchase price, the amount of tax previously paid by the latter). The question …
Carriers-Long And Short Haul Clause-Interpretation
Carriers-Long And Short Haul Clause-Interpretation
Michigan Law Review
The plaintiff shipped grain from points of origin in Minnesota and the Dakotas over the defendant's line to Minneapolis where it was re-consigned over the same line to Superior. The defendant had on file a through rate on shipments from the points of origin to Superior with no specification of the route to be used. The route via Minneapolis was circuitous as compared with the direct route available, and the defendant charged the plaintiff the local rate to Minneapolis plus the proportional to Superior, the aggregate of which exceeded the through rate in the filed tariffs. Held, that …
Conflict Of Laws-Recognition Of Foreign Alimony Decree
Conflict Of Laws-Recognition Of Foreign Alimony Decree
Michigan Law Review
In 1928, a New York court ordered D, who was suing for annulment of his marriage, to pay alimony pendente lite and attorney's fees to W. This judgment had remained unsatisfied. W, in 1931, brought a bill in equity in Massachusetts asking that D, now a resident of Massachusetts, be ordered to pay the amount due on the judgment. Held, although the local statute (Gen. L., c. 209, sec. 6) did not permit suits at law between husband and wife, that mere circumstance was not sufficient grounds for granting equitable relief on the ground of the inadequacy of the …
Conflict Of Laws-Right Of Action For Foreign Tort
Conflict Of Laws-Right Of Action For Foreign Tort
Michigan Law Review
Plaintiff, an automobile guest, brought action against the driver in Wisconsin for personal injuries sustained in Illinois through the driver's negligence. After commencement of the action, but before trial, the parties intermarried and established a matrimonial domicil in Wisconsin. Held, that the law governing the creation and extent of tort liability is that of the place where the tort is committed; that by the law of Illinois the cause of action was extinguished because of the legal unity of husband and wife; and therefore that the suit must abate, despite the fact that suits between spouses are ordinarily permitted …