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Michigan Law Review

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Front Matter, Michigan Law Review Jun 1927

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 25, Issue 8 of Michigan Law Review


Legal Protection Of Ideas Jun 1927

Legal Protection Of Ideas

Michigan Law Review

In the recent Pennsylvania case of Mackay v. Benjamin Franklin Realty & Holding Company, an architect was employed to draw plans for the erection of the Benjamin Franklin Hotel at Philadelphia. For some reason the construction of the hotel was abandoned before the plans were accepted. Later it was again decided to build the hotel, but in the interval the architect had died, and a second architect was employed to draw plans. He, without the consent of the personal representative of the first architect, copied his plans, which were accepted and used in the construction of the building. The …


Constitutional Law-Regulation Of Resale Of Tickets Of Admission To Places Of Entertainment Jun 1927

Constitutional Law-Regulation Of Resale Of Tickets Of Admission To Places Of Entertainment

Michigan Law Review

An addition has been made to a series of cases indicating that the United States Supreme Court is turning away from a tendency to sustain state legislation, especially where the factual basis constituting the inducement of the enactment involves debatable factors. in a five to four decision that gives the unscrupulous ticket scalpers free rein to shear all the fleece from the theatre going lambs of greater New York, the Supreme Court has held to be in violation of the Fourteenth-Amendment a New York statute limiting the resale price of tickets of admission to places of entertainment to fifty cents …


Injunction Against Search By Police Officers Jun 1927

Injunction Against Search By Police Officers

Michigan Law Review

A nice equipoise of public and private interest is disclosed in the case of Des Moines Drug Co. v. Doe, in which the Iowa Supreme Court recently had occasion to consider questions raised by a bill in equity to enjoin a search by police officers endeavouring to enforce the liquor laws.


Books Received Jun 1927

Books Received

Michigan Law Review

A list of books received by Michigan Law Review


Publicity Of Accounts And Directors' Purchases Of Stock, A. A. Berle Jr. Jun 1927

Publicity Of Accounts And Directors' Purchases Of Stock, A. A. Berle Jr.

Michigan Law Review

Two debates have been carried on in recent years, whose echoes are at present much before the attention both of the public and the courts. The older and quieter one, maintained in the law reviews and in a line of conflicting judicial decisions, concerns the duty, if any, resting on a corporate director who bought or sold shares of stock in his own corporation. The newer and more violent discussion, reverberating through the daily newspapers, the lay magazines, and the financial chronicles, has dealt with corporate accounts; whether they should be public and to what extent; and if not, how …


When Revocable Trusts Are Subject To An Inheritance Tax, Edward M. Stimson Jun 1927

When Revocable Trusts Are Subject To An Inheritance Tax, Edward M. Stimson

Michigan Law Review

A settlor transferred property to trustees upon trust to pay the income to himself during life and after his death to his children and, ultimately, to divide the principal. The settlor reserved a power to revoke the trust and also to change its terms. Subsequently a law was passed taxing successions, i.e., all transfers by will or inter vivos, "made or intended to take effect in possession or enjoyment after the death of the grantor or donor."


Book Reviews Jun 1927

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.


The Rule, The Principle, The Standard In Fluctuating Exchange, Joseph H. Drake Jun 1927

The Rule, The Principle, The Standard In Fluctuating Exchange, Joseph H. Drake

Michigan Law Review

Three methods of solution of the problems of damages in fluctuating exchange have evolved out of the welter of conflicting decisions and the hubbub of contradictory discussions during the reconstruction period of the last decade. The use of the rule and of the principle have been advocated with much vigor and acumen, and there have been some suggestions that we might be driven to resort to an equitable standard as a means of solving the difficulties.


A Re-Interpretation Of Gee V. Pritchard Jun 1927

A Re-Interpretation Of Gee V. Pritchard

Michigan Law Review

It has been said that the office and jurisdiction of equity unless enlarged by express statute are limited to the protection of rights of property. This doctrine, often repeated, has been so severely criticized and so strained in its application that one is inclined to doubt that it has appreciable vigor at the present time. Yet to borrow the phrase in which a learned writer disposed of another of equity's hoary errors, "though we may observe that the rule is dying, it is unfortunately not yet a corpse; and the difficulty is that no lawyer knows when it will be …


Recent Important Decisions Jun 1927

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Unconstitutional Conditions-The Chrysler Automatic Insurance Plan May 1927

Unconstitutional Conditions-The Chrysler Automatic Insurance Plan

Michigan Law Review

The recent decision of the United States Supreme Court in Palmetto Fire Insurance Co. v. Conn. and consolidated cases, terminates the interesting litigation provoked in four states by the novel insurance scheme of the Chrysler Sales Corporation.


Bills And Notes-Discharge-What Is "Renunciation." May 1927

Bills And Notes-Discharge-What Is "Renunciation."

Michigan Law Review

The recent and interesting Minnesota case of McGlynn v. Granstrom again raises the question of the construction of certain sections of the Uniform Negotiable Instruments Law. It is there held, that Sec. 122 of the N. I. L., requiring a "renunciation" to be in writing, does not apply to a discharge by accord and satisfaction.


Books Received May 1927

Books Received

Michigan Law Review

A list of books received by Michigan Law Review


Front Matter, Michigan Law Review May 1927

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 25, Issue 7 of Michigan Law Review


Taxation-Jurisdiction To Levy An Inheritance Tax May 1927

Taxation-Jurisdiction To Levy An Inheritance Tax

Michigan Law Review

A Massachusetts decedent by will created a trust in stocks and bonds. By the terms of the trust the trustee was to pay the income to the settlor's daughter during her life and upon her death was to pay the corpus to such persons as she should by will appoint. She died domiciled in North Carolina leaving a will appointing her husband and son to receive the property. North Carolina imposed an inheritance tax under a statute making the exercise of the power of appointment subject to the tax in the same manner as though the property belonged absolutely to …


Recent Important Decisions May 1927

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Juristic Idealism And Legal Practice, Joseph H. Drake May 1927

Juristic Idealism And Legal Practice, Joseph H. Drake

Michigan Law Review

The relation of the "idea" of just law to the "principles" [Grundsaetze] of just law and the "model" [Vorbild] of just law is somewhat difficult to grasp and Stammler's application of the idea, through the intermediate principles and model, to the practice of just law, has given much trouble to the critics. A rule of law may be thought of as a particular conclusion, a principle as a general conclusion, while a standard or norm is a means of reaching conclusions. This is of course the old logical division of conceptions into particular, general and universal, …


Book Reviews May 1927

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.


Constitutional Law-Statutory Prohibition Of Possession Of Liquor May 1927

Constitutional Law-Statutory Prohibition Of Possession Of Liquor

Michigan Law Review

The Michigan court has recently declared the state statute prohibiting the mere possession of liquor to be constitutional. People v. Burt, 236 Mich. 62, 210 N. W. 97. The court does not enter into any: discussion as to the constitutionality, but relies on a previous decision, People v. Stambosva, 210 Mich. 436, 178 N. W. 226. This phase of the case is stressed, however, in a vigorous dissent by Chief Justice Bird, who denies that the Stambosva case is controlling. That case held the statutory provision in question to be valid, as not violative of due process, but …


Activity Subsequent To Interstate Commerce, Elcanon Isaacs May 1927

Activity Subsequent To Interstate Commerce, Elcanon Isaacs

Michigan Law Review

With the commerce clause as the basis of distinction, courts have divided business into two classes, that which is interstate and that which is not. The first is considered to involve transportation across state boundary lines; the second is referred to business in which the crossing of state lines is not a factor. It must appear, however, in a consideration of the second class, that activity which is local because it has never involved movement requires a different approach from activity which is local because transportation has ended. The former must be analyzed for its intrinsic nature; it may even …


Waiver Of Trial By Jury In Criminal Cases, S. Chesterfield Oppenheim May 1927

Waiver Of Trial By Jury In Criminal Cases, S. Chesterfield Oppenheim

Michigan Law Review

Waiver of jury trial in criminal cases generally is a highly practical issue at the present time both from the standpoint of the public and of the accused. The belief is common that the element of delay is one of the primary causes of the general disrespect attaching to the courts of criminal juridiction. It is said that an overzealousness in shielding the citizen against oppression and injustice has resulted in shifting to the background expedients designed to simplify and give momentum to the disposition of criminal cases.


New Avenues To Freedom, Edwin D. Dickinson Apr 1927

New Avenues To Freedom, Edwin D. Dickinson

Michigan Law Review

Lay opinion regards the law of nations as a weak and ineffective system. It is the fashion to deplore the inefficacy: of its precepts and to regard it as a sort of benevolent code unsupported by any forces which can really compel observance. There is a good deal of loose talk about providing sanctions. The truth is, however, that few systems of law are so infested with tyrannies. It is not sanctions which are needed so much as opportunities for growth. It is not the buttressing of existing dogmas which is required so much as new avenues to freedom.


Juristic Idealism And Legal Practice, Joseph H. Drake Apr 1927

Juristic Idealism And Legal Practice, Joseph H. Drake

Michigan Law Review

The leading exponent of juristic idealism in Germany is Rudolf Stammler, Professor in the University of Berlin. He is uncompromising in his idealistic theory. He even resents being called a pragmatic idealist, possibly lest the chameleon like connotation of this word might seem to detract in any way from the absolute character of his conception of the idea. He is to be thought of rather as the third of that great triumvirate of juristic idealists; namely, Socrates-Kant-Stammler. It is then rather a curious phenomenon that wl1en his juristic philosophy is transplanted to alien soil, it is the pragmatic element in …


Some Questions Involved In The Application Of The "Public Interest" Doctrine, Dexter Merriam Keezer Apr 1927

Some Questions Involved In The Application Of The "Public Interest" Doctrine, Dexter Merriam Keezer

Michigan Law Review

It is just fifty years since the United States Supreme Court, in the now famous case of Munn v. Illinois, first gave sanction in this country to the doctrine that an enterprise may become "affected with a public interest," and in consequence be subject to public regulation. During the half century which has followed the decision in that case, the application of the doctrine has been steadily expanded, bringing within its scope an increasing range and diversity of enterprises. There is basis in economic fact for the belief that the classification of enterprises held to be "affected with a …


Recent Important Decisions Apr 1927

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Books Received Apr 1927

Books Received

Michigan Law Review

A list of books received by Michigan Law Review


Book Reviews Apr 1927

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.


The Right To Fish In Fresh-Water Streams Apr 1927

The Right To Fish In Fresh-Water Streams

Michigan Law Review

Nearly three centuries ago Lord Hale wrote the "Fresh rivers, of what kind soever, do, of common right, belong to the owners of the soils adjacent and, if a man be the owner of the land on both sides, in common presumption, he . hath the right of fishing according to the extent of his land in length." This doctrine of the common law, to the extent that it concerns riparian ownership, has long been accepted in Michigan. In this state the owner of the riparian lands owns the submerged lands connected therewith to the thread of the stream. Quite …


Bail After Conviction Apr 1927

Bail After Conviction

Michigan Law Review

On a question of bail before indictment, the magistrate may inquire as to the guilt of the prisoner. After indictment he may in cases not capital look at the evidence upon which it is obtained. But at each step of the proceedings the grounds upon which the prisoner can be let to bail diminish, as the evidence of his guilt increases; because bail is not based upon the grace or favor of the court, but solely upon the doubt which may exist as to his guilt. After conviction and sentence, his claims to be let to bail are further diminished; …