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Articles 11641 - 11670 of 12806
Full-Text Articles in Entire DC Network
Conflict Of Laws Rules As Constitutional Limitations
Conflict Of Laws Rules As Constitutional Limitations
Michigan Law Review
With the constant growth of the United States as a commercial nation, it has been inevitable that state lines should figure in business transactions to an ever diminishing extent. Business relations, keeping pace with the rapid development of modem means of transportation, have increasingly assumed an interstate aspect. With this extension of commercial dealings, the question of the legal rights of the parties so engaged has frequently arisen. Diversity of local rules of law has led to much litigation and disagreement. Differences in local rules might be overcome through the services of competent commercial lawyers, and contracts might then be …
Conflicting Presumptions-Evidence-Adultery
Conflicting Presumptions-Evidence-Adultery
Michigan Law Review
The statutes of Oregon prescribe certain presumptions as applicable in the trial of causes, among which are, 1st, that one charged with crime shall be presumed to be innocent, and 2nd, that "a man and a woman deporting themselves as husband and wife" shall be presumed to "have entered into a lawful contract of marriage". Subd. I and subd. 30 of sec. 799, Or. L.
Elections-Improper Marking Of Ballots
Elections-Improper Marking Of Ballots
Michigan Law Review
The Australian ballot acts which have generally been adopted in this country were intended to bring about the twofold result of secrecy in voting and facility in the exercise of the franchise, and perhaps the most important provisions, having this object in view, are those regulating the marking of ballot papers by the voters. Unfortunately, however, the decisions on the question of what constitutes a valid voting mark are irreconcilably at variance. The conflict between decisions in different states might be explained by the fact that dissimilar statutes were being construed; but too often the courts have overruled their own …
Justification For Inducing Breach Of Contract
Justification For Inducing Breach Of Contract
Michigan Law Review
Liability for inducing breach of contract, though of comparatively recent development in the field of torts, has grown so rapidly and with so little method or system in many decisions, that courts are somewhat anxious to find legitimate theories for checking the wholesale recoveries resulting from the application of the general principle. Justification for the tort shows some promise of being one of the checks for which the courts have been searching. The recent English case of Brimelow v. Casson (Aug. 1294) 93 L. J. Rep. 256, sheds some light on the problem of justification. In that case the plaintiff …
Constitutional Law-Jury Trial For Contempt-Constitutionality Of Clayton Act
Constitutional Law-Jury Trial For Contempt-Constitutionality Of Clayton Act
Michigan Law Review
The defendants, striking employees of a railway company, were proceeded against in a federal district court for contempt in violating a preliminary injunction, and demanded a jury trial under the Clayton Act (c. 323, 38 STAT. 738, sec. 21, 22), which provides that in cases of wilful disobedience of "any lawful writ, process, order, rule, decree, or command of any District court of the United States or any court of the District of Columbia by doing any act or thing" forbidden, if such act or thing also constitutes a criminal offense under any statute of the United States or law …
The Effect Of An Offeror's Death Upon His Outstanding Offer, James Lewis Parks
The Effect Of An Offeror's Death Upon His Outstanding Offer, James Lewis Parks
Michigan Law Review
If A makes an offer to contract with B and dies before B accepts, it has generally been said that the offer is at an end, and that no contract can result, even though later B gives an acceptance without knowing of A's intervening death. To support this rule, it has been stated that a contract can not exist unless the minds of the parties have met, and as the offeror's mind has passed on with his decease, there can be no subsequent mutual assent. It has been convincingly shown that the reasoning of such a decision is unfortunate and …
Admiralty-The Effect Of Ths Supreme Court's Interpretation Of The Lien Act Of 1910
Admiralty-The Effect Of Ths Supreme Court's Interpretation Of The Lien Act Of 1910
Michigan Law Review
Prior to the Lien Act of June 23, 1910, there was great confusion among the district courts over the question of the presumption of credit. The General Smith, 4 Wheaton 438, had held that though a lien was given to the furnisher of a foreign ship, the furnisher of a domestic ship got no lien unless the municipal law of the place gave him one. The states all passed various kinds of statutes giving material-men liens and these liens were enforced in admiralty. When the situation became unbearable Congress passed the Lien Act of 1910 to clarify the law. …
Irresistible Impulse And Criminal Liability, John Barker Waite
Irresistible Impulse And Criminal Liability, John Barker Waite
Michigan Law Review
Do you believe in free-will, or mechanistic determinism, or fore-ordination, or fatalism? What do you mean by 'irresistible impulse'? What is the purpose of this prosecution against which you advocate, or deny, irresistible impulse as a defense; and just what do you mean by 'defense'? If, instead of one question, "is irresistible impulse a defense", we should ask these other questions of counsel, judge and medical expert, how often would their answers be in accord? Yet the one question can never be intelligently discussed in the absence of certainty and agreement as to the other premises. There are certain combinations …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 23, Issue 5 of Michigan Law Review
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
War Crimes, Elbridge Colby
War Crimes, Elbridge Colby
Michigan Law Review
It is not necessary to enumerate exactly what may now be considered war crimes or violations of the laws of war. The list will change from time to time, by the addition of new offences and the omission of those now so considered. Most of the Hague Conventions and rules and regulations are sufficiently well furnished with the signatures of world wide plenipotentiaries and adequately ratified to insure of their being accepted as international law on the points covered. There are only a few exceptions. In general the precepts are valid. Indeed, most modern writers on international law, when they …
Conflict Of Laws-Testamentary Trusts
Conflict Of Laws-Testamentary Trusts
Michigan Law Review
The rules of conflict of laws are, in many instances, in chaotic condition. Particularly is this true in parts of the law applying to trusts of personal property created by will. When the domicile of the testator, the place of execution of the will, the residence of the trustees, and the trust estate are all in the same jurisdiction, it is evident that the law of that state will control. But when the domiciles of the trustees and the testator differ, or when the trust estate is in a foreign land, we are presented with our specific problem of the …
Crimes-Arrest-Reasonable Cause To Believe
Crimes-Arrest-Reasonable Cause To Believe
Michigan Law Review
The admission of evidence was objected to, in a recent case, on the ground that it had been illegally secured. Officers had arrested the defendant without a warrant, on a charge of illegally transporting liquor. He was in fact guilty of the offense for which arrested, but contended that the evidence secured by the arrest could not be used. The circuit court of appeals phrased the issue thus : ''Was there probable cause for the officers to believe (that the felony was being committed), or were the facts sufficient to give rise merely to a suspicion thereof? If the former, …
Tax On Income Received From Foreign Sources
Tax On Income Received From Foreign Sources
Michigan Law Review
In the recently decided case of Cook v. Tait, 44 Sup. Ct. 444, the Supreme Court of the United States decided that the federal government could lawfully tax the income of a citizen of the United States, although the citizen was domiciled in Mexico, and the income came from real and personal property there situated. Suppose instead of the federal income tax, a state tax on incomes had been involved. A Michigan man, say, has among his other sources of revenue, a house and lot in Cleveland which is rented at a price which insures him a comfortable addition …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 23, Issue 4 of Michigan Law Review
Legislation And Judicial Decision, Rudolf Stammler
Legislation And Judicial Decision, Rudolf Stammler
Michigan Law Review
The discussions of the theme indicated by the title usually start from Montesquieu's theory of the three powers. This famous doctrine is developed in his work "De 1' esprit des lois" (1748) Bk. II, Ch. 6. This chapter is entitled "Of the English Constitution". It discusses however all states in general. In every state there are three sorts of powers, the legislative authority, the executive authority in matters dependent upon the law of nations, and the executive authority in everything dependent upon civil law. The last Montesquieu calls the judicial power, while the one mentioned in the second place is …
Constitutional Law-Restricting Liberty Without Due Process Of Law-Extorted Confessions
Constitutional Law-Restricting Liberty Without Due Process Of Law-Extorted Confessions
Michigan Law Review
Of recent years the administration of criminal justice has increased many-fold, owing to the constantly increasing size of our great cities and the period of growing social unrest in which we find ourselves. Public opinion has demanded a more effective mode of dealing with those who break the law with seeming impunity. In view of this attitude it is only natural that in a particularly baffling crime the police should seek to obtain some clue of the criminals by grilling suspects. This has resulted in many cases in acts which to say the least are over-zealous. In a recent case …
Distinction Between Governmental And Proprietary Functions Of Municipal Corporations, Delmar W. Doddridge
Distinction Between Governmental And Proprietary Functions Of Municipal Corporations, Delmar W. Doddridge
Michigan Law Review
There are many places in the law where the making of a distinction has resulted in a difficulty in application that has greatly increased litigation, but there are few places where this is more true than in the distinction made between the governmental and the proprietary functions of municipal corporations. The distinction has taken a firm grip upon the law of municipal corporations and seems well settled, although its propriety as applied to particular subjects may be doubted. The terminology of the distinction is in itself productive of doubt, the function or duty in the one branch being denominated "governmental", …
A Modern Instance Of Zenothemis V. Demon, John M. Zane
A Modern Instance Of Zenothemis V. Demon, John M. Zane
Michigan Law Review
That a specific rule in Greek law should be of value to the decision of a legal question arising among us would seem at first blush improbable. Both the historical and analytical jurists have insisted so strongly upon the causes which tend to make any system of positive law something peculiar in itself that they have obscured the fact that the rules of substantive law are quite likely to be the same for like circumstances among nations which have reached a comparatively high level of civilization. The now dominant school of juristic thought, which teaches what its foremost exponent has …
Are All Permanent Injunctions Temporary?
Are All Permanent Injunctions Temporary?
Michigan Law Review
Injunctions may be classified with reference to the stage in the cause at which they are granted, viz. at a preliminary bearing, or at a final bearing, and they may be classified with reference to the time for which they are to stand, viz. for a limited period, or in perpetuity. For the first distinction we have a superfluity of terms. "Temporary," "provisional," "interlocutory," "ad interim" "pendente lite" indicate the first class: "permanent," "perpetual," "final," indicate the second class. But unfortunately several of these terms also suggest the character of the injunction with regard to …
Conclusiveness Of The Federal Trade Commission's Findings As To Facts, Gregory Hankin
Conclusiveness Of The Federal Trade Commission's Findings As To Facts, Gregory Hankin
Michigan Law Review
The Federal Trade Commission Act and the Clayton Act provide that the Commission's findings as to facts, if supported by testimony, shall be conclusive. Now that the Commission has functioned for almost ten years and a considerable number of its findings have been reviewed by the courts, it is interesting to examine the effect of this statutory provision. In other words, are the findings of the Federal Trade Commission as to facts, if supported by testimony, actually conclusive on the courts when appeal is taken to the Circuit Court of Appeals? This we shall discuss apart from the question--"What, as …
Corporate Stock And Inheritance Taxation
Corporate Stock And Inheritance Taxation
Michigan Law Review
News of the recent election includes the item that the state of Florida, in addition to climate, now offers constitutional exemption from state income and inheritance taxation as an attraction to elderly persons of wealth to make that state their home. In most of our states the effort is in the other direction, to include within the scope of the inheritance tax law everything that the state may reach without running afoul of constitutional inhibitions on legislative action. A discussion of all the varied and interesting situations which test the limit of the power of taxing inheritances would run far …
Right To Determine The Place Of Burial Of A Corpse
Right To Determine The Place Of Burial Of A Corpse
Michigan Law Review
A dead body is not property, but a sort of quasi-property, so in a strict legal sense there are no property rights in a corpse. This is especially true after burial, as many courts make a distinction between rights existing prior to burial, and those after burial. Nevertheless, relatives have certain rights against others for mutilation, removal, etc. of a corpse, whether based on property or not. Cases where damages are recovered for mutilation before burial are common, and in England v. Central Pocahontas Coal Co. 86 W. Va. 575, the plaintiff was allowed an action of trespass against …
The Principle Of Reparation Applied To Rate Regulation, A. H. Ryall
The Principle Of Reparation Applied To Rate Regulation, A. H. Ryall
Michigan Law Review
Those instruments of service, commonly called "Public Utilities", have become an essential part of our every day life, if not of our civilization. It is not until we enumerate their uses that we fully appreciate our constant dependence upon them.