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Articles 11791 - 11820 of 12806
Full-Text Articles in Entire DC Network
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
Two years ago an American citizen who had been a resident of Mexico for many years died intestate in Mexico City. The widow was appointed administratrix by one of the Mexican civil courts. Finding among the papers a number of notes executed by an American corporation payable to the deceased, the administratrix began an action in New York to have whatever was due upon the notes paid to the estate. The corporation's attorneys moved for judgment on the pleadings, contending that an administratrix appointed by a Mexican court can maintain no action in courts of the United States so long …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Legislation In Vague Or General Terms, Ralph W. Aigler
Legislation In Vague Or General Terms, Ralph W. Aigler
Michigan Law Review
For some reason, probably in part the increasing complexity of our life and relationships, but more largely, perhaps, the growing tendency to regulate everybody and everything by positive law, the courts have been called upon with increasing frequency to pass upon the effectiveness of statutes and ordinances phrased in indefinite terms. In a very interesting and valuable paper, Professor Freund has pointed out the weakness and strength, on the one hand, of legislation in general terms, and on the other hand, legislation in which the rule of conduct is attempted to be laid down with precision. His interest apparently lay …
Price Discrimination As Unfair Competition, John Leland Mechem
Price Discrimination As Unfair Competition, John Leland Mechem
Michigan Law Review
Is it lawful for a manufacturer to make one price to one purchaser and a different price to another. for the same quantity, grade. and quality of his product? Is it ]awful to discriminate in price between wholesalers and retailers? Is it lawful to class "chain stores" and cooperative retail dealers' associations as retailers. and refuse them the advantage of the wholesale price list?
Fundamextal Tendencies In Modern Jurisprudence, Rudolph Stammler
Fundamextal Tendencies In Modern Jurisprudence, Rudolph Stammler
Michigan Law Review
Empiricism is a variety of skepticism. Both refuse to consider the possibility of a fundamental ordering of the mental life. But they are differentiated one from the other in the manner of working out this refusal.
Constitutional Law--Minimum Wage Law For Women As A Violation Of The Fifth Amendment
Constitutional Law--Minimum Wage Law For Women As A Violation Of The Fifth Amendment
Michigan Law Review
The advance of so-called social legislation within the last several decades has furnished an intensely interesting period in constitutional and industrial development. The last skirmish with the fast-disappearing forces of logic and anachronistic formalism seems to have been fought in the recent case of Adkins v. Lyons (April 9, 1923), U. S. Adv. Ops. 795 and 796.
Trusts-Diversion Of Funds From One Estate By Trustee To Cover Defalcations In Another
Trusts-Diversion Of Funds From One Estate By Trustee To Cover Defalcations In Another
Michigan Law Review
Many difficult questions are continually arising in the field of trusts, but few of them are of more practical importance than the one presented where A, being trustee of two or more trust estates, wrongfully uses money of one trust estate, and takes money from another to pay it back. Such a question was presented in the recent case of Whiting v. Hudson Trust Co. (N. Y., 1923), 138 N. E. 33. In that case, one Eckerson was executor of the Denham estate and trustee and executor of the Snyder estate. He kept an account with the trust company as …
Conflict Of Laws--The Uniform Divorce Act And Full Faith And Credit
Conflict Of Laws--The Uniform Divorce Act And Full Faith And Credit
Michigan Law Review
in spite of the recognized need for uniformity in divorce law, the Act Regulating Annulment of Marriage and Divorce has not met with widespread favor. This act was framed by the National Congress on Uniform Divorce Laws in 1900 and was approved in 1907 by the National Conference of Commissioners on Uniform State Laws. It has been adopted only by Delaware, New Jersey, and Wisconsin. While general adoption would remove much of the present uncertainty in the law, some interesting problems are still left for solution.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Internationial Aspects Of Prohibition Enforcement
Internationial Aspects Of Prohibition Enforcement
Michigan Law Review
The Eighteenth Amendment to the Federal Constitution prohibits "the manufacture, sale, or transportation oi intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes." 40 Stat. 1050, 1941. In the National Prohibition Cases, 253 U. S. 350, 386, the amendment was said to be operative "throughout the entire territorial limits of the United States." As originally enacted, the National Prohibition Act did not in terms define its territorial field, but a supplemental provision afterwards enacted declares that the act "shall apply not only …
Declaratory Judgments
Michigan Law Review
The Connecticut legislature passed an act in 1921 authorizing courts to make binding declarations of rights. The act was attacked as unconstitutional on the same ground raised by the supreme court of Michigan against the Michigan Declaratory Judgment Act in the case of Amway v. Railway Co., 211 Mich. 592, 12 A. L. R. 26, namely, that declaring rights was not a judicial function. But the Supreme Court of Errors of Connecticut sustained the act as in no way contravening the constitution. Braman v. Babcock (Conn., 1923), 120 Atl. 150.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 21, Issue 8 of Michigan Law Review
Torts--Power Of A Minicipal Corporation To Sue For Libel
Torts--Power Of A Minicipal Corporation To Sue For Libel
Michigan Law Review
Can a municipal corporation maintain an action for libel? The recent $10,000,000 libel suit instituted by the City of Chicago against the Chicago Tribune promises to become a leading case in the solution of this question. The declaration filed by the city alleged ownership of property used in city affairs and that the city purchased materials for the maintenance of such property largely upon credit. It charged that libellous statements were falsely and maliciously published by the Chicago Tribune to the effect that the city was bankrupt and could not pay its debts, with intent to destroy its credit and …
Railway Valuation In Condemnation Proceedings--Relation To Rate Making
Railway Valuation In Condemnation Proceedings--Relation To Rate Making
Michigan Law Review
ln England the reproduction cost of a railroad is disregarded in fixing the price which a government must pay on taking over the property. Grand Trunk Ry. v. The King [1923] A. C. 150, which affirmed the decision of two out of three arbitrators that the preferred and common stockholders should get nothing, inasmuch as the earning capacity of the railroad gave them no value, and the "reproduction" or "reconstruction'' or "replacement" value of the railroad was immaterial. Mr. Taft, now Chief Justice of the Supreme Court of the United States, was one of the arbitrators and dissented. The opinions …
Fundamental Tendencies In Modern Jurisprudence, Rudolf Stammler
Fundamental Tendencies In Modern Jurisprudence, Rudolf Stammler
Michigan Law Review
In his treatise on "CONTEMPORARY SOCIOLOGY" (1904) Ward has collected no less than twelve meanings of the term "Sociology." He could undoubtedly have found more meanings for this iridescent word; all of which shows that the term has no significance whatsoever as a uniform characterization of a definite field of human knowledge. However, there has been very noticeable, running through these different meanings, one definite tendency. It is characterized by its very great reliance upon the methods of natural science in dealing with the physical world, and by certain far-reaching "analogies," by which modem jurisprudence is to be guided …
Boycott--Conclusions Or Emotions
Boycott--Conclusions Or Emotions
Michigan Law Review
One fertile source of friction growing out of the eternal struggle between capital and labor is the boycott. Standing out in definite relief for scarcely more than a generation, its effectiveness has led to interminable litigation. As might be expected, the boycott pronouncements of the courts in this formative period have had to undergo the most searching challenge and scrutiny. That this scrutiny will be focused upon the results of the recent first impression case before the Iowa supreme court cannot be doubted. See Ellis v. Journeyman Barbers I. U. of America (Iowa, 1922), 191. N. W. III.
International Recognition And The National Courts
International Recognition And The National Courts
Michigan Law Review
The extending of international recognition to a new government or a new state is a political function which belongs exclusively to the political departments of government. It follows that whenever the question of recognition or not is really involved in litigation the court should inform itself as to the course pursued by the appropriate political department and decide accordingly. This much, if it ever needed to be settled, may now be regarded as settled beyond peradventure. See 18 MICH. L. REV. 531.
Subrogation--A Chapter In Modern Legal History
Subrogation--A Chapter In Modern Legal History
Michigan Law Review
The equitable doctrine of subrogation, perhaps over-refined in some of its applications, is inherently sound and in its application between principal and surety deserves thorough development. The principal should of course pay in the first instance, in exoneration of the surety. If the surety is compelled to pay, subrogation but serves to work out the same result as if the principal had paid. The course of the decisions never has run smooth, but in 1805 Sir William Grant was justified in saying that "the surety had precisely the same right that the creditor had; and was to stand in his …
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 21, Issue 7 of Michigan Law Review
Foreign Marriages And The Conflict Of Laws, Herbert F. Goodrich
Foreign Marriages And The Conflict Of Laws, Herbert F. Goodrich
Michigan Law Review
It is common these days to speak of marriage as a contract. Not only do we use the term "marriage contract" as meaning a promise to marry in the future, but also to describe the contract or expression of consent by which the parties take each other for husband and wife. The statutes of many of our states declare marriage to be a "civil contract." A moment's thought will show great differences between marriage and the ordinary civil contract. A marriage contract can be contracted only between a man and a woman; it has no validity if one of the …
Venue--Jurisdiction In Criminal Cases
Venue--Jurisdiction In Criminal Cases
Michigan Law Review
In a recent case in Oklahoma the defendant was prosecuted for bigamy, under a statute which read as follows: "It shall be unlawful for either party to such divorce to remarry any other person within six months from the degree of divorcement. * * * Any person marrying contrary: to the provisions of this statute shall be deemed guilty of bigamy, and such marriage shall be absolutely void." The defendant remarried in another state and returned to Live in Oklahoma. The court held that it had no jurisdiction. Jennings v. State, 17 Okla. Cr. R. 698.
A Critique Of Methods For Alteration Of Women's Legal Status, Gladys Wells
A Critique Of Methods For Alteration Of Women's Legal Status, Gladys Wells
Michigan Law Review
A case was appealed because all women electors were excluded from the jury. Held, the Nineteenth federal Amendment merely prohibits discrimination, leaving the states to confer the right of suffrage. Moreover, jury service is distinct therefrom; and the state constitution excludes women by providing for juries of twelve "men." If being an elector ipso facto entitled to jury service, the legislature could prescribe no other limitation. No question of violation of the Fourteenth Amendment can be raised since the accused does not belong to the excluded class.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 21, Issue 6 of Michigan Law Review
Rights Of Finders, Ralph W. Aigler
Rights Of Finders, Ralph W. Aigler
Michigan Law Review
Much of the confusion and uncertainty in the law regarding the topic indicated above is due to a failure to distinguish between several types of situations and to appreciate the applicability of certain fundamental principles. The words "lost" and "find" are used in such widely varying senses that the all too common method of reaching a conclusion by first applying a name to a thing or situation has 'in this particular field led to special difficulty.