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Articles 11851 - 11880 of 12806
Full-Text Articles in Entire DC Network
The Return Of Property By The Alien Property Custodian, Carl Zollmann
The Return Of Property By The Alien Property Custodian, Carl Zollmann
Michigan Law Review
The Enemy Trade Act, out of which the office of the Alien Property Custodian has grown, is strictly a war measure under the power conferred on Congress by the United States Constitution to declare war and to "make rules concerning captures on land and water." Such power remains active as long as war legally exists. No constitutional right therefore is infringed by the enforcement of the act at any time prior to the peace resolution of July 2, 1921, notwithstanding the cessation of hostilities by the armistice of November n, 1918. This power, however, terminates with the legal termination of …
The Supreme Court's Adjudication Of Constitutional Issues In 1921-1922, Iii
The Supreme Court's Adjudication Of Constitutional Issues In 1921-1922, Iii
Michigan Law Review
The conundrum, "When is a tax not a tax?" received in Bailey v. Drexel Furniture Co. the answer: When from the face of the statute it appears that a prohibitory or regulatory penalty has been imposed for a departure from a detailed and specified course of conduct in business. Over the dissent of Mr. Justice Clarke, the court condemned as not an exercise of the federal taxing power a provision in the Revenue Act of 1918 imposing an excise of ten per cent of the net profits on all enterprises employing children under designated ages or in excess of designated …
Equity-Federal Court Requirements As To Bringing Suits By A Shareholder In The Name Of The Corporation
Michigan Law Review
It cannot "successfully be argued that it is a matter of course for any individual members of a corporation to assume to themselves the right of suing in the name of the corporation." The corporation and its aggregate members are not the same in law nor in equity. In the equity practice of our federal courts the conditions under which a shareholder can bring a suit have not run a smooth course.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 21, Issue 3 of Michigan Law Review
The Law Of Property Act, 1922, Joseph Warren
The Law Of Property Act, 1922, Joseph Warren
Michigan Law Review
The English law of property legislation, which has been pending for over two years, was passed June 29 last. It will take effect January 1, 1925. For a century the reform of the law of real property has been a burning question in England-far more so than with us. Judges, lawyers, solicitors, conveyancing experts have all taken an active part. Learned societies have spoken through committees and royal commissions have reported. Piece by piece many of the antiquities have been abolished. But no reform is as far-reaching as the present act. In January, 1919, the Acquisition and Valuation of Land …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Corpus Delicti
Michigan Law Review
The rule that the corpus delicti-the body of the crime -must be satisfactorily established before one accused of the commission of the crime can be properly convicted is of early origin. The first statement of the necessity and the insistence of its requirement appears to be that of Ld. Hale (2 Hale P. C. 290), where he says: "I would never convict a person of murder or manslaughter, unless the fact were proven to be done or at least the body found dead." The reason for this corpus delicti doctrine is that a defendant should never be convicted unless …
Procedure And Practice Before The Federal Trade Commission, John Leland Mechem
Procedure And Practice Before The Federal Trade Commission, John Leland Mechem
Michigan Law Review
The Federal Trade Commission, now in its eighth year, has successfully withstood the attacks, judicial and political, which threatened at times to destroy it, or, at least, to render it impotent. The act creating it has been held constitutional; its powers and duties have been defined; the present administration has indorsed it; and the public have come to realize its power for good. As its activities have expanded its influence has become definitely felt by the business world. The increasing interest of both business men and members of the profession warrants a brief exposition of the practice before the Commission, …
Privity Of Contract And Tort Liability
Privity Of Contract And Tort Liability
Michigan Law Review
Two parties, A and B, make a contract whereby B undertakes to perform certain services for A. He performs his task in a negligent manner, and as a consequence C, a third party, suffers injury. Has C rights against B?
The Burden On Particular Defenses In Criminal Cases
The Burden On Particular Defenses In Criminal Cases
Michigan Law Review
If it needs be that excuses be given for further discussion of this hoary question of burden of proof, they may be found in the fact that courts provoke it by doing such unreasonable things. In State v. Morrison (S. C.), 113 S.E. 304, it is held that the burden of proof is on defendant to satisfy the jury that he acted in self-defense, and that if there is not a preponderance of the evidence in favor of the defendant on this issue, and in consequence he fails in this defense, yet that such evidence may be considered in determining …
The Supreme Court's Adjudication Of Constitutional Issues In 1921-1922, Ii, Thomas Reed Powell
The Supreme Court's Adjudication Of Constitutional Issues In 1921-1922, Ii, Thomas Reed Powell
Michigan Law Review
Questions of discrimination in rates or services arising under the Interstate Commerce Act or some of its amendments came before the court in a number of cases without raising any direct constitutional issues. Such an issue, however, was urged against a refusal of the Interstate Commerce Commission to allow a tap line owned by a Lumber company more than $3 per car as its share of the joint rate for traffic over it and the main line, but in Louisiana & P. B. Ry. Co. v. United States the claim that this restriction was so arbitrary as to deny the …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Patents-Judicial Legislation
Michigan Law Review
One Deitch conceived an invention in 1912; Doulett conceived the same idea in 1913; Muther conceived it in January, 1914, and Glines in March, 1914. All filed applications for a patent at about the same time, August, 1914, and interference proceedings were begun to determine the right to a patent. Under the express wording of the Patent Act the answer would seem clear. It provides, R. S. 4886, that "any person who has invented or discovered any new and useful art, * * * not known or used by others in this country, before his invention or discovery thereof, * …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 21, Issue 2 of Michigan Law Review
Cause, Legal Cause And Proximate Cause. Ii, Albert Levitt
Cause, Legal Cause And Proximate Cause. Ii, Albert Levitt
Michigan Law Review
The problem connected with finding a passive situation to be a proximate cause is very different from that connected with finding an active force as a proximate cause. The reason for this difference is that the situation does nothing actively. It simply exists. Before it can contribute to an injury a force must be ejected from it or else the injured party must be brought, or bring himself, into contact with it. The situation never does; it just is. It is never an aggressor. Its contribution to any given injury is a passive contribution. The situation is usually created …
Cause, Legal Cause And Proximate Cause, Albert Levitt
Cause, Legal Cause And Proximate Cause, Albert Levitt
Michigan Law Review
Man is a social being; but neither by instinct nor through training does he always express himself so that no one is hurt through his self-expression. Each individual at some time or other acts in such a way that the result of his activity is an injury to himself, to another, or to the social organization of which he is a part. His activities, therefore, need to be watched and controlled. It is the function of the legal ordering of society to exercise such watchfulness and control. The law is a method of social control, and legal principles, concepts, standards …
Archaic Methods Of Validating A Contract-The "Blow And The "Libation"
Archaic Methods Of Validating A Contract-The "Blow And The "Libation"
Michigan Law Review
Sir Henry Maine tells us that at the ·dawn of Roman jurisprudence the term in use for contract was one which is very familiar to students of historical Latinity. "It was nexum, and the parties to the contract were said to be nexi." MAINE, ANCIENT LAW [Ed. 10, by Pollock], 328. Manilius, a Latin antiquarian, describes nexum as omne quad per libram et aes geritur, in quo sint mancipia, "every transaction with the copper and the balance, in which class are mancipia." VARRO, DE L. L. 7, 105. Mancipation was a conveyance, and Maine says that this …
Constitutional Law-Tax On Employment Of Child Labor
Constitutional Law-Tax On Employment Of Child Labor
Michigan Law Review
The federal Child Labor Tax Law, Act of February 24, 1919, levied a tax of ten per cent on the net income of persons employing child labor. The act exempts from its operation employers who do not know the child employee to be under age. It also provides for the appointment of inspectors by the Secretary of Labor.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Descriptions In Conveyances
Michigan Law Review
Few of the general public realize how much trouble people pile up for themselves and others by having, in the interest of economy, deeds ,and other legal documents drawn up by unskilled draughtsmen. The readily accessible prepared form which looks so easily filled in, is a constant invitation to this practice. In the field of conveyances it is peculiarly important that the instruments be carefully and wisely drawn, for the possible troubles arising from careless or unskillful preparation are not limited to the original parties. Every lawyer has had frequent occasion in the examination of titles to land to consign …
Labor And The Law In The Public Utility Field, George Jarvis Thompson
Labor And The Law In The Public Utility Field, George Jarvis Thompson
Michigan Law Review
To the cynical this title may suggest a rhetorical antithesis, and the average citizen cannot but be a bit cynical as a result of his observation and experience of the actuality of the failure of the law to function for the preservation of the continuity of these essential public services in the frequently recurring outbreaks between organized capital and organized labor. In a great measure, he has only himself to blame for this unfortunate condition. He lent ear to the vote-seeking politician and to the propaganda of the interested parties, taking sides with one or the other without thought of …
The Supreme Court's Adjudication Of Constitutional Issues In 1921-1922, Thomas Reed Powell
The Supreme Court's Adjudication Of Constitutional Issues In 1921-1922, Thomas Reed Powell
Michigan Law Review
The power of Congress over the territories was involved in three cases. Balzac v. Porto Rico held that Porto Rico has not been "incorporated" into the United States so as to make applicable the constitutional requirement of trial by jury in criminal cases. This had been substantially settled in some of the Insular Cases, leaving only the question whether the situation had since been changed. In holding that it had not, Chief Justice Taft placed chief reliance on the absence of any explicit declaration by Congress and on the fact that in the Organic Act of Porto Rico of March …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 21, Issue 1 of Michigan Law Review
Supreme Court Reports
Michigan Law Review
The Review has been asked by the Court Reporter to publish the following statement: