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Articles 11731 - 11760 of 12806
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Constitutional Law-Interstate Commerce-The Transportation Act Of 1920
Constitutional Law-Interstate Commerce-The Transportation Act Of 1920
Michigan Law Review
Contemporaneous comments on Supreme Court decisions involving the "due process" clause too often resolve themselves into mere "debates" as to the wisdom of the particular legislation in question, either from the standpoint of the ultimate object to be accomplished or the methods adopted for its accomplishment. Strongest adherents of our unique system of judicial review must admit that, after all, the duty of the Supreme Court consists primarily in determining whether or not the legislation before it is valid, not whether it is, or is not, a politic enactment.
The Occupation Of Michigan, Elbridge Colby
The Occupation Of Michigan, Elbridge Colby
Michigan Law Review
The British military occupation of Michigan during the war of 1812 had no real military importance. The events leading up to it were then discussed, and have since been, more as a matter of the propriety or impropriety of the conduct of General Hull and the ineffectiveness of our national military organization for war. From the standpoint of politics the incident is of slight significance. But from the standpoint of the history of belligerent occupations and military government it illustrates and touches upon several distinctly legal points.
Bills And Notes--Payee As Holder In Due Course
Bills And Notes--Payee As Holder In Due Course
Michigan Law Review
The problem indicated is one which has perplexed courts very frequently since the enactment of the Uniform Negotiable Instruments Law. Many of the cases dealing with the question are cited and reviewed in successive notes in 15 A. L. R. 437; 21 A. L. R. 1365; 26 A. L. R. 769. See also 59 PA. L. REV. 471 ; 64 Ibid. 318; 70 Ibid. 52; 10 CAL. L. REV. 413; 24 YALE. JOUR. 429; 28 Ibid. 197, 710; 30 HARV. L. REV. 515: 20 MICH. L. REV. 908; 21 MICH. L. REV. 591. Some recent cases may …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Some Constitutional Phases Of The Cummins Railroad Consolidation Bill
Some Constitutional Phases Of The Cummins Railroad Consolidation Bill
Michigan Law Review
The Supreme Court in four decisions has gone far in sustaining Congress and the Interstate Commerce Commission in regulating interstate commerce: (1) in sustaining the Adamson Act of 1916, establishing an eight-hour day for interstate railroads. Wilson v. New, 243 U. S. 332 (1917); Ft. Smith, etc. R.R. 71. Mills, 253 U.S. 306 (1920); (2) in sustaining the "recapture" clause in the Transportation Act of 1920 impounding surplus earnings of prosperous railroads, Dayton-Goose Creek Ry. v. United States, decided January 7, 1924; (3) in sustaining the order of the Commission raising intrastate railroad fares which were so …
Error Without Prejudice
Michigan Law Review
An examination of almost any of our reports of decisions now current, will impress one with the great number of cases reported in which the courts discuss the matter of reversal for error as affected by the question of whether prejudice results from such error.
The Operation Of The Recording Acts, Ralph W. Aigler
The Operation Of The Recording Acts, Ralph W. Aigler
Michigan Law Review
As between successive transfers of land by the same transferor purporting to create legal interests it was the almost invariable rule of the common law that priority in right was determined by priority in time. This followed naturally from the fact that after A had conveyed to B there was no interest left in A which he could transfer to C; first in time was first in right because there was nothing left for the second transferee. Notice and lack of notice were wholly immaterial.
Interest And Duty In Relation To Qualified Privilege, Harold A. Jones
Interest And Duty In Relation To Qualified Privilege, Harold A. Jones
Michigan Law Review
From the standpoint of the civil law of defamation it is perfectly. permissible to say what one pleases of a man when the subject of the charge is the only person present. To make the same communication to others, however, may be to invite a lawsuit; and the difference between idle gossip and legitimate interest is often the determining factor in ascertaining liability. If Smith calls Brown a thief, they two being alone, Smith cannot be held liable. If Mrs. Smith is present, he may still be immune. If the statement is made in a lodge meeting, Smith still might …
Pre-Legal Education-Admission To The Law School
Pre-Legal Education-Admission To The Law School
Michigan Law Review
According to the advance extract of the 18th annual report of the president of the Carnegie Foundation recently published, of the 146 law schools in this country, eight now require at least three years of preparatory college work and two more require either three years of collegiate work or two years of collegiate work and four years of law school training.
International Law-Counterclaimes In Suits By Foreign Govenments
International Law-Counterclaimes In Suits By Foreign Govenments
Michigan Law Review
The confusion to which the courts are reduced by counterclaims in suits by foreign governments is illustrated by the recent cases on the point in the lower federal courts. Unassisted by an authoritative decision from the United States Supreme Court, they reflect the doubts appearing in most of the American cases, doubts that are founded on both the theoretical and practical difficulty of the questions involved.
Property Rights In Church Pews
Property Rights In Church Pews
Michigan Law Review
A recent Pennsylvania decision, Zernosky v. Kluchinsky (Pa. 1923) 122 Atl. 262, lays down the rule that where the trustees of a church rent a pew to a parishioner without the consent of the priest in charge, when such consent is required by the ecclesiastical law, the transaction is of no effect and the ecclesiastical law will be followed by the court. This is the general rule as applied to conditions attached to the renting of pews, Atty. Gen. v. Meetinghouse, 3 Gray (Mass.) 1; French v. The Old South Society, 100 Mass. 479, but the interesting point …
Recovery Of Property From Alien Property Custodian
Recovery Of Property From Alien Property Custodian
Michigan Law Review
ln Banco Mexicano v. Deutsche Bank, 44 Sup. Ct. 209, both facts and law lie in a narrow compass. On June 15, 1916, the liquidators of the Banco Mexicano made a loan of $500,000 to the Deutsche Bank. Hugo Schmidt, the well-known agent of the Deutsche Bank, in the United States from 1914 to 1917 negotiated the loan and deposited the amount received with the Guaranty Trust Company of New York to the credit of the general account of the Deutsche Bank. When the United States entered the war on April 6, 1917, the Guaranty Trust Company reported the …
Labor Legislation Under The Treaty Power
Labor Legislation Under The Treaty Power
Michigan Law Review
Does the treaty making power of the United States offer a method of enacting constitutionally valid federal laws, which under other delegated federal powers would be unconstitutional? The Constitution of the United States provides: Art. II, §2 (2) "He (the president) shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur * * *·" Art I, §8 (18) That Congress shall have power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Some Unofficial Relations With Soviet Russia, Everett S. Brown
Some Unofficial Relations With Soviet Russia, Everett S. Brown
Michigan Law Review
On August 28, 1923, Colonel William N. Haskell, in charge of the distribution work of the American Relief Administration in Russia, reported to Herbert Hoover on the accomplishments of that organization. In a period of less than two years, 1921 to 1923, nearly 1,000,000 tons of food, seed, clothing and medical supplies were bought in the United States for distribution in Russia. At the height of its activity the American Relief Administration fed nearly II,000,000 men, women and children daily. Supplies for over 15,000 hospitals and institutions were furnished, and over 7,000,000 individuals were inoculated or vaccinated in the campaign …
Conflict Of Laws-"Full Faith And Credit"-Injunction Restraining Suit In Foreign State
Conflict Of Laws-"Full Faith And Credit"-Injunction Restraining Suit In Foreign State
Michigan Law Review
X, an Iowan, is injured by Y, a fellow citizen, who obtains an injunction in Iowa restraining X from suing in Minnesota. X having subsequently commenced suit in Minnesota, Y files his bill asking the court of that state to enforce the Iowa decree. Should the Minnesota court enforce the foreign injunction decree, as a matter of "comity"? Must it do so, under the "full faith and credit" clause? Strangely enough the Minnesota court has had two of the comparatively small number of cases involving these particular questions. In State ex rel. Bossung v. District Court, 140 Minn. 494, …
Resale Price Fixing From A Different Angle
Resale Price Fixing From A Different Angle
Michigan Law Review
The proposition that resale price fixing agreements are illegal, while by no means universally accepted, is definitely established in the federal courts as well as in quite a number of the state courts. Whatever we may think of its soundness from an economic viewpoint it will doubtless receive even wider recognition as time goes on. For a collection and discussion of the authorities see 20 MICH. L. REV. 904; 19 MICH. L. REV. 265; 19 A. L. R. 925.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 22, Issue 5 of Michigan Law Review
The Machinery Of Procedural Reform, Edson R. Sunderland
The Machinery Of Procedural Reform, Edson R. Sunderland
Michigan Law Review
Much has been said and written about the imperfections of legal procedure. It is a subject of great interest and concern to the bar and to the public. Since rules of practice prescribe the conditions under which rules of law may be made operative, in so far as they fail of their purpose the law itself becomes ineffective. Lord Campbell is reported to have said that "The due distribution of justice depends more upon the rules by which suits are conducted than on the perfection of the code by which rights are defined."
Humanitarian Intervention In International Law As Related To The Practice Of The United States, Malbone W. Graham
Humanitarian Intervention In International Law As Related To The Practice Of The United States, Malbone W. Graham
Michigan Law Review
One of the outstanding results of the Great War, as regards international law, has been the tendency to question the bases of that law and to subject almost every portion of it to a minute examination, to determine its adequacy in governing effectively the relations of states to each other. This wholesale questioning has not confined itself merely to the laws of war and of neutrality-open as most of them may be to objection as a result of the practices in the course of the war-but also to the international law of peace, as regards the doctrine of the equality …
Anticipatory Breach And The Enforcement Of Contractual Duties, Henry Winthrop Ballantine
Anticipatory Breach And The Enforcement Of Contractual Duties, Henry Winthrop Ballantine
Michigan Law Review
The doctrine of anticipatory breach, announced in England in 1853 in the leading case of Hochster v. De La, Tour, presents some interesting questions of legal theory. While it has been almost universally accepted by the courts of this country, the principles upon which the doctrine rests have been seriously questioned and the courts have shown an unfortunate bewilderment and hesitation in its extension and application. Professor Williston, probably the leading American authority in the field of contracts, has for many years been a vigorous critic of this doctrine. He goes so far as to assert that the doctrine …
Aliens-Right To Own Or Lease Land-Effect Of "Equal Protection" Clause
Aliens-Right To Own Or Lease Land-Effect Of "Equal Protection" Clause
Michigan Law Review
Right of alien residents under the "equal protection" clause of- the federal Constitution received further delimitation in the Alien Land Law Cases, decisions handed down last November. Terrace v. Thompson (U. S. 1923), Adv. Ops. 35, and Porterfield v. Webb, Adv. Ops. 42. In the former case the court was concerned with a Washington statute passed to enforce a provision in the Washington constitution that forbade the ownership of land by any aliens other than those who had in good faith declared their intention to become citizens. The California statute in the second case differed chiefly in limiting its …
Real Property-Alienation-Limitation
Real Property-Alienation-Limitation
Michigan Law Review
In the field of property as in that of personal rights (including contract) we still encounter occasionally the specter of certain supposedly absolute rights. The courts have had to declare often enough that the owner's rights of use are limited by the like rights of other owners, by considerations of public policy, public convenience, etc.; it is not so often that a court deals explicitly with the limitations upon an owner's power of disposing and leasing his property. In Terrace v. Thompson, recently decided by the United States Supreme Court (Nov. 12, 1923) it was urged by a United …
Recognition Of Foreign Decree Annulling Marriage
Recognition Of Foreign Decree Annulling Marriage
Michigan Law Review
Decisions considering the question of jurisdiction to annul a marriage or the recognition to be afforded to a decree of annulment rendered by a But upon questions in the law of divorce authorities are legion. American lawyers naturally tum to divorce as the means of securing relief for clients from distasteful or unbearable marital difficulties. But annulment cases are increasing in number, and the increase in some states may be expected to continue. In Di Lorenzo v. Di Lorenzo, 174 N. Y. 467, the court of appeals said that every misrepresentation of a material fact, made with the intention …
Constructive Contempt Of Court
Constructive Contempt Of Court
Michigan Law Review
The recent case of Craig v. Hecht (1923) 44 Sup. Ct. Rep. 103, aroused an extraordinary amount of interest among laymen, and involved some legal questions of importance to lawyers; but perhaps its most significant result was the opportunity it afforded the legal profession to observe the popular attitude of hostility toward certain phases of judicial administration which lawyers are habitually inclined to overlook.