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Articles 11551 - 11580 of 12806
Full-Text Articles in Entire DC Network
"Contemplation Of Death" In Inheritance Taxation, Henry Oliver Evans
"Contemplation Of Death" In Inheritance Taxation, Henry Oliver Evans
Michigan Law Review
A tax upon gifts said to be made "in contemplation of death" as inheritances made its first appearance in our jurisprudence in the New York statute of 1892. Since that time this tax in some form has been laid by all of the states except Alabama, Florida, Georgia, Texas and Vermont. The Revenue Act of 1916 added this tax to the burdens, already heavy, of federal taxation.
Public Utilities-Power Of Commission To Change Rate Paid By Private User Under Special Contract With The Utility
Michigan Law Review
Within the last decade the right of the state to change the rates of a public utility, as fixed by contract, has been presented to the courts numerous times. An examination of the cases on the subject shows that much of the law has now become settled.
Conflict Of Laws-Adoption-Jurisdiction
Conflict Of Laws-Adoption-Jurisdiction
Michigan Law Review
Sociologists treat of the subject of adoption very sparsely. It is but a desired end in their work, and having its foundation in law, yields but slightly to sociological supervision. However, there exist many reports and treatises in the field of child placement and the effect thereof on the child. The most cursory examination of these works reveals that from the social point of view, at least, the work is conducted with but one end in view, i. e., the welfare of the child. Adoption, as a means to this end, has the same reason for its foundation. To this …
The Legal Position Of Foreigners In Soviet Russia, Leo Zaitzeff Dr.
The Legal Position Of Foreigners In Soviet Russia, Leo Zaitzeff Dr.
Michigan Law Review
The Soviet Government has replaced the entire previous legal order by legislation of its own; it is therefore not surprising that even in well informed legal circles outside of Russia very vague and indefinite notions exist regarding the legal situation there. In the last few years moreover, many states have considered it necessary to recognize the Soviet Government. Since this recognition or even before, there have been some economic undertakings within &met territory by foreign individuals, but even these persons for the most part were entirely unfamiliar with the Soviet laws.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Erring Judges Of The Thirteenth Century, William Renwick Riddell
Erring Judges Of The Thirteenth Century, William Renwick Riddell
Michigan Law Review
The Royal Historical Society (of London) has published much material of great interest to lawyers-an humble Fellow, I think none is more interesting than that published in 1906: "State Trials of the Reign of Edward the First, 1289-1293".
Voting Trust Agreements, Maurice Finkelstein
Voting Trust Agreements, Maurice Finkelstein
Michigan Law Review
To the student who approaches the study of the law from the point of view of the legal philosophers-from Von Jhering to Pound-the detailed analysis of the law of private corporations in America will seem strange. Accustomed to think of law as a striving to maintain a balance such as the Poundian balance of social interests, he finds in the corporation law of the United States a co-existence of various systems without regard to the conflict of interests thereby created. Each state has its own rules of law and its own policies shaped by a medley of causes. Many states …
Infants' Contracts--Application Of Doctrine Of Estoppel When Infant Has Mispresented Age
Infants' Contracts--Application Of Doctrine Of Estoppel When Infant Has Mispresented Age
Michigan Law Review
It has been laid down that as a general rule the doctrine of estoppel has no application to infants. 31 C. J. 1005; 22 CYC. 512. But many cases recognize an exception to this general rule, where the infant has reached the age of discretion and has intentionally and fraudulently made misrepresentations. A common case is that in which the infant has induced a person to enter into a contract with him, by fraudulently representing himself to be of age. As to whether or not he will be estopped from setting up his infancy, in a suit on such contract, …
Trusts--Appointment And Control Of Non-Resident Trustees
Trusts--Appointment And Control Of Non-Resident Trustees
Michigan Law Review
Questions involving the appointment and control of non-resident trustees who administer local trusts have been the subject of consideration in two recent interesting cases. In Price v. United Hebrew Charities, (N. J. 1925) 129 Atl. 712, the court appointed a New York corporation to administer a charitable trust in New Jersey, on the nomination of the testator; while in Bank of New York v. Tilton, (N. H. 1925) 129 Atl. 492, the court refused to appoint a New York corporation to administer a local trust, though the testator had nominated that corporation. The ground for refusing the appointment …
Public Utilities-Policy As To Competition Between Utilities
Public Utilities-Policy As To Competition Between Utilities
Michigan Law Review
The older view held that the public would be most benefitted by stimulating a vigorous competition among all occupations, including public utilities. An example of such cut-throat competition is to be seen in United Railroads of San Francisco v. City and County of San Francisco, 249 U. S. 517, 39 S. Ct. 361. There, a street railway which had been operating for forty years was paralleled by a municipal railway, though the volume of business did not warrant such a duplication. Another striking example is discussed in Niagara Gorge R. Co. v. Gaiser, 109 Misc. Rep. 38, 178 …
Rights Of Non-Resident Aliens Under United States Laws Regulating Foreign Trade, Borris M. Komar
Rights Of Non-Resident Aliens Under United States Laws Regulating Foreign Trade, Borris M. Komar
Michigan Law Review
The commercial, financial, and industrial rivalry of the principal nations of the world is today the chief cause of the stubborn existence of the main scourge of our civilisation-War.
Future Interests-Remainder To Surviving Children Vested When
Future Interests-Remainder To Surviving Children Vested When
Michigan Law Review
A tendency to follow legal maxims and trite expressions of the law to their ultimate conclusion may result in a confusion in the law and decisions that must later be reversed, or adhered to although admittedly wrong. In the recent case of Harrison v. Harrison (Ala. 1925) 105 So. 179, the court held that a will devising property to the testator's wife, during her life or widowhood, remainder to testator's then surviving children gave to the children a defeasible vested remainder; that upon the death of one of the children the estate in the other vested absolutely, as no further …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 24, Issue 4 of Michigan Law Review
Survivor Of Actions Under The Sherman Anti-Trust Act
Survivor Of Actions Under The Sherman Anti-Trust Act
Michigan Law Review
The question of survival of actions ex delicto following the death of a party thereto has caused no small amount of litigation, and in actions under the Sherman Anti-Trust Act, due to the large sums that are always involved and a consequent desire on the part of the plaintiff to reach all possible sources of compensation, the problem assumes a peculiar importance. Section 7 of the Sherman Anti-Trust Act simply provides that, "Any person who shall be injured in his business or property by any other person or corporation by reason of anything forbidden or declared to be unlawful by …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
The Power Of The Written Assertion, Gustavus Ohlinger
The Power Of The Written Assertion, Gustavus Ohlinger
Michigan Law Review
In his Outline of History Mr. Wells comments on the exaggerated estimate which people generally, through reading the Old Testament account, have come to entertain of the wisdom of Solomon and of the glory and prestige of the Israelitish Kingdom during his reign. By way of contrast, the facts, which are readily available and discernable even in the scriptural narrative, reveal this much advertised monarch as a rather insignificant chieftain and his kingdom as a pawn in the policies of his powerful neighbors-a striking example, according to Mr. Wells, of the power of the written assertion over realities in men's …
Going Value, William W. Potter
Going Value, William W. Potter
Michigan Law Review
It has been said that the law defining "Going Value" and prescribing the method of proving its existence, in any particular public utility rate case, is still in a formative stage,--which implies that though there is an undefined something which constitutes the basis of going value, on account of its elusive and intangible nature, no one has a clearly defined idea of what it is, whence it originates, or how it may be proved and established.
What Is An Unreasonable Search?
What Is An Unreasonable Search?
Michigan Law Review
In Carroll v. United States (1925) 267 U. S. 132, 45 Sup. Ct. 280, the Supreme Court held that there may be a reasonable search of an automobile without a search warrant. The recent case of Agnello v. United States (Oct. 12, 1925) 46 Sup. Ct. 4, goes far in the opposite direction with reference to the search of a dwelling house. In the latter case several defendants were convicted of conspiracy to violate the Harrison Drug Act, a felony under the federal law. Two government revenue agents had negotiated with defendants Alba and Centorino in the home of Alba …
Crimes-Negligence And Criminal Negligence
Crimes-Negligence And Criminal Negligence
Michigan Law Review
The layman thinks of a crime as something "wrong" or "wicked",--more, as something intentionally wrong or wicked. He does not believe that he should be subjected to criminal punishment for accidents and inadvertencies, or even for his neglects. In general the law looks at the matter in the same way, and in the lawbooks the layman's idea has found expression in the rule that a crime requires, in addition to an act, a mens rea--a guilty mind with respect to the act.
Estoppels-Legal And Equitable-Question As To Whether Equitable Estoppels May Be A Defense At Law
Estoppels-Legal And Equitable-Question As To Whether Equitable Estoppels May Be A Defense At Law
Michigan Law Review
An estoppel has been defined as "an impediment or bar, by which a man is precluded from alleging, or denying a fact, in consequence of his own previous act, allegation, or denial to the contrary". Jacob. In both law and equity estoppels were introduced at a very early date. Legal estoppels long antedated Coke, who attempted to enumerate them. Co. LIT. (17th ed.) 352, a. In fact, in some forms, as the estoppels by deed and of record, legal estoppels must have existed from the early beginnings of the common law. The doctrine which gave rise to equitable estoppels also …
Evidence By Surviving Participant Of A Contract Or Other Transaction
Evidence By Surviving Participant Of A Contract Or Other Transaction
Michigan Law Review
Among the most prolific and endless sources of litigation of recent times are the so-called "dead man statutes", which forbid the surviving participant in a contract or other transaction to testify regarding it unless the opposing party waives the restriction. These statutes lay down a rule of thumb which treats all cases, meritorious or unmeritorious, exactly the same. In attempting to apply them to the cases the courts have made one fine distinction after another, only to interject still finer ones in between, until the whole· makes a labyrinth in which suitor and court have often found themselves hopelessly lost. …
Trusts-When Agent May Purchase Or Lease For Himself
Trusts-When Agent May Purchase Or Lease For Himself
Michigan Law Review
A recent Michigan case has suggested the question: When and under what circumstances may an agent or other fiduciary purchase or lease property for himself, and when will he be decreed a trustee thereof? In this case A owned real estate in Detroit. P and his partners, subtenants, made an offer for a long term lease through D, who appears to have been a special agent with the sole duty of presenting the offer. It was rejected, finally and absolutely, without fraud or collusion on the part of D. Almost immediately D made an offer on his own behalf which …
International Law--Treaties--Are The Rum Tretaties Self-Executing?
International Law--Treaties--Are The Rum Tretaties Self-Executing?
Michigan Law Review
On May 22, 1924, the United States concluded a treaty with Great Britain by which the latter power agreed that it would raise no objection to the search and seizure of its ships by American authorities on the high seas, provided there was reason to suspect that such ships were committing or attempting to commit an offense against United States laws, and provided the search and seizure were made within an hour's run of the American coast. In return the United States conceded to British ships the privilege of bringing into its ports liquor in bond in their ship stores. …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 24, Issue 3 of Michigan Law Review
Canada's Treaty Making Power, C. D. Allin
Canada's Treaty Making Power, C. D. Allin
Michigan Law Review
The question of the treaty-making power of the Dominion of Canada was raised in an acute form during the negotiations between Great Britain and the United States governments over the halibut fisheries. After several years of investigation and negotiation, a draft agreement was drawn up by the American State Department and sent to the Canadian government through the British ambassador at Washington. According to the title and preamble of the treaty, the convention was drawn up between the United States and Great Britain, but by Article I, "The Nationals and inhabitants and fishing vessels and boats of the United States …