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Articles 11761 - 11790 of 12806
Full-Text Articles in Entire DC Network
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 22, Issue 4 of Michigan Law Review
Statutory Regulation Of Railway Equipment Agreements, Kenneth Duncan
Statutory Regulation Of Railway Equipment Agreements, Kenneth Duncan
Michigan Law Review
Form of Equipment Contracts. A large part of the rolling stock and equipment obtained by railroads in the United States and Canada is financed through the issue of equipment obligations. At the present time, approximately three-quarters of a billion dollars, par value, of these securities are outstanding, and they have come to constitute about six per cent. of the aggregate funded debt of railroads. Yet in spite of their large and growing importance, they are probably not as well understood as other common forms of corporate securities, and it is doubtful if many lawyers are fully cognizant of the …
Coke-Parliamentary Sovereignty Or The Supremacy Of The Law?, R. A. Mackay
Coke-Parliamentary Sovereignty Or The Supremacy Of The Law?, R. A. Mackay
Michigan Law Review
Few legal authorities have received such conflicting interpretations as Sir Edward Coke. American jurists have turned to him as the legal father of judicial review, English jurists have found in him the authority for Parliamentary Supremacy, The cause of these conflicting interpretations is partly Coke's obscure style. Coke was an encyclopedist rather than a philosopher of the law: his ideas must be dug out and fused together from an heterogeneous mass of apparently unrelated statements. Even his Reports are legal and literary puzzles, a mixture of advocates' pleas, judicial decisions, and probably Sir Edward Coke's personal opinions as well. Hence …
The Permanent International Court Of Justice
The Permanent International Court Of Justice
Michigan Law Review
The writer has already commented, in an earlier number of this Review, upon the plan for a Permanent Court of International Justice which was formulated by a committee of jurists at The Hague in the summer of 1920 and amended and approved by the Council and Assembly of the League of Nations in December of the same year. 19 MICH. L. REV. 413. The plan became operative upon ratification by a majority of the members of the League in September, 1921, and judges were elected immediately thereafter. The Court's first session opened at The Hague in January, 1922. The present …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Presumptions, Victor H. Lane
Presumptions, Victor H. Lane
Michigan Law Review
Persistent controversial discussions furnish evidence that there are still uncertainties as to some phases of the nature as well as the law of presumptions. We have recently come much nearer to a common understanding in this field, due to most careful and thoughtful discussions of this subject by such masters of it as Thayer and Wigmore and Chamberlayne. It is 'less with the hope of adding significantly new matter than with the belief that even that which smacks of reiteration may still assist in drawing attention which, once aroused, may ultimately dispel the fog, that this brief discussion of the …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 22, Issue 3 of Michigan Law Review
Constitutional Law--"Liberty" Under Fourteenth Amendment--Validity Of Foreign Languages Statutes
Constitutional Law--"Liberty" Under Fourteenth Amendment--Validity Of Foreign Languages Statutes
Michigan Law Review
Nine states during the months immediately following the conclusion of the World War passed statutes in substantially the same language, forbidding the teaching of any modem language except English to children below the eighth grade in any school, private or public. Ohio also passed a law applying only to the German language. Teachers in Nebraska, Iowa, and Ohio were convicted during 1920 and 1921 of violating these statutes and, after the supreme courts of the various states had held them valid, their cases were combined in an appeal to the United States Supreme Court. Held, the statutes deprived appellants …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 22, Issue 2 of Michigan Law Review
Perpetuity Statutes, Edwin C. Goddard
Perpetuity Statutes, Edwin C. Goddard
Michigan Law Review
The common law of perpetuities is one of the most interesting examples of almost pure judicial legislation. De Donis, The Statutes of Uses and of Wills, but· gave wider scope to the development by the courts of rules of law to thwart the attempt of the great landowners to tie up their landed estates in their families in perpetuity. One body of rules to this end limited restraints upon alienation, another the creation of future interests vesting at too remote a period. Restriction of restraints upon alienation, and the rule against perpetuities, these two were developed for the same end, …
Shipping Act Of 1916: The Effect Of Section 15 On The Sherman Anti-Trust Law, Claude A. Thompson
Shipping Act Of 1916: The Effect Of Section 15 On The Sherman Anti-Trust Law, Claude A. Thompson
Michigan Law Review
Does the approval of a conference agreement by the Shipping Board under section 15 of the Shipping Act of 1916 legalize an agreement, which, but for such approval, would be in violation of the Sherman Anti-Trust Law?
Constitutional Law--Due Process--Kansas Industrial Court
Constitutional Law--Due Process--Kansas Industrial Court
Michigan Law Review
Has the State power to regulate wages and to secure continuity of functioning in essential industries? The U. S. Supreme Court, in Wolff Packing Co. v. Court of Industrial Relations of Kansas, -- U. S. -- Adv. Op. June 11, 1923, says no, at least as to individuals or corporations, engaged in the production of food, but not strong enough to dominate or control the industry. The case involves the validity, under the Federal Constitution, of the Kansas Act establishing the Court of Industrial Relations, referred to hereinafter as the "Industrial Court." Special Session Laws of Kansas, 1920, Chap. …
Constitutionality Of Acts For Conservation Or Retention Of Natural Gas Within The State
Constitutionality Of Acts For Conservation Or Retention Of Natural Gas Within The State
Michigan Law Review
The distribution of our natural resources creating among our several states an economic inter-dependence of varied degrees, and the growing appreciation of the danger of approaching exhaustion in various fields, has very naturally prompted the legislatures of some of the states to enact statutes which have been broadly designated as "conservation acts," though some of them could be described more accurately as "domestic preference acts". Most of these statutes are calculated to prevent waste, arc real conservation measures, and have nearly always been upheld. Ohio Oil Co. v. Indiana, 177 U. S. 190, concerned a statute making it unlawful …
Public Utility Valuation
Michigan Law Review
It has been so often remarked that the "valuation" of public utilities is determined by no rule of thumb, that there are no fixed rules or formulas to guide courts or commissions, that determination of value as a rate base is matter of judgment and discretion in each case, Minnesota Rate Cases, 230 U. S. 352, 434, that the statement has come to be believed by reason in part of its much repetition. It is usually accepted as axiomatic. The glorious uncertainty resulting from such an admission will continue so long as judgments of one man or set of …
The Unrecognized Government Or State In English And American Law, Edwin D. Dickinson
The Unrecognized Government Or State In English And American Law, Edwin D. Dickinson
Michigan Law Review
Probably no one in the British Empire or the United States would question the doctrine that it belongs exclusively to the political departments to recognize new governments or states. The difficulties involved are those which arise in the application of a doctrine so broadly stated. Not every situation involving an unrecognized government or state requires the decision of a question of recognition. If the decision of a political question is not involved, then it is entirely proper for the courts to take cognizance of a mere de facto government or state. In what situations may the courts appropriately take account …
Crimes--Double Jeopardy--Identity Of Offenses
Crimes--Double Jeopardy--Identity Of Offenses
Michigan Law Review
The principle that no person shall be twice put in jeopardy for the same offense appears too clear and precise to afford much opportunity for litigation over its application. Judicial utterances and decisions belie the appearance, however. The difficulty is in determining identity of alleged offenses. The most frequently uttered test is that of Buller, J., in Rex v. Vandercomb, 2 Leach, C. C. 708, that, "unless the first indictment were such as the prisoner might have been convicted upon by proof of the facts contained in the second" indictment, an acquittal on the first indictment can be no …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
The Change In The Meaning Of Consortium, Evans Holbrook
The Change In The Meaning Of Consortium, Evans Holbrook
Michigan Law Review
Lawyers have long boasted of the flexibility of the common law, or its ability to adapt itself to the needs of changing conditions of society, of its responsiveness to sociological progress. And while eager reformers have often--and with much reason--complained that the law is laggard in its response to the needs of the people, yet it is clear that sooner or later the courts generally bring themselves into accord with "what is sanctioned by usage, or held by the prevailing morality or strong and preponderant public opinion to be greatly and immediately necessary to the public welfare." This responsiveness to …
Artisans' Liens Competing With Claims Of Conditional Sale Vendor Or Chattel Mortgagee
Artisans' Liens Competing With Claims Of Conditional Sale Vendor Or Chattel Mortgagee
Michigan Law Review
The privilege of the artisan or materialman who has performed services or furnished materials in respect of a chattel in his possession to withhold such possession until paid the amount of his charges may be an effective security. Likewise, a chattel mortgagee or conditional vendor may be quite secure. But when a mortgagor or conditional vendee in possession has bailed the chattel to one whose services entitle him, either under the common law or a statute, to a lien for his charges therefor, there are plenty of chances for trouble. Liens being an invasion upon or subtraction from the totality …
Deeds--By And To Infants--Effecti Of Disaffirmance
Deeds--By And To Infants--Effecti Of Disaffirmance
Michigan Law Review
The disaffirmance of a contract made by an infant nullifies it and renders it void ab initio; and the parties are returned to the same condition as if the contract had never been made. Grissom v. Beidleman, 35 Okla. 343. This states the general rule both as to executed and executory contracts, and is particularly applicable to transfers of personal property. WILLISTON, CONTRACTS, § 237; PAGE, CONTRACTS, ed. 2, § 1622. Does this principle apply also to conveyances of real property? Does disaffirmance of a deed by or to an infant ipso facto nullify it and revest the …
The Ship Mortgage Act Of 1920, George L. Canfield
The Ship Mortgage Act Of 1920, George L. Canfield
Michigan Law Review
Maritime loans have been usually secured by either bottomry bonds or ship mortgages. The former constituted maritime liens of high and privileged character, while the latter had no standing in admiralty at all except as to remnants after all other claims against the ship had been satisfied. The statute now under discussion, being part of general legislation for the revival of the American merchant marine, makes "preferred mortgages" thereunder maritime liens, enforceable by admiralty process in rem. The changes made by the statute in existing law are radical and its construction by the Supreme Court will be of great …
Conciliation Of Controversies
Michigan Law Review
It is a matter of common criticism more or less just that the administration of law is unnecessarily tedious and expensive. Particularly among those of the poorer classes is it true that the delay and expense incident to the enforcement of small claims amounts to a practical denial of justice. With a view toward relieving this situation, North Dakota adopted the first state-wide act for the conciliation of controversies. Chapter 38, Laws of North Dakota, 1921. That act has recently been put to the test and upheld in the case of Klein v. Hilton (N. D., 1922), 191 N. W. …
Trade Competition--Effect Of Motive
Trade Competition--Effect Of Motive
Michigan Law Review
Does the motive with which one enters into what is ostensibly trade competition with a business rival have any significance in the law? Motive is used, following Judge Smith's careful limitation of the term, to signify the feeling which makes the actor desire to obtain the result aimed at. A conclusion that motive is immaterial in this connection can be sustained by formal logic. A man has a "right'' to engage in business, even though his rival be injured thereby. One may exercise a legal right, regardless of his motives in doing so. Therefore, business competition, if the methods be …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 22, Issue 1 of Michigan Law Review