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Michigan Law Review

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Legal Ethics, Clarence Archibald Lightner Apr 1918

Legal Ethics, Clarence Archibald Lightner

Michigan Law Review

My purpose here is a discussion of (I) the meaning of "ethics" in a professional sense, and (2) the relation to the subject of the "Canons of Ethics" of the American Bar Association. I have before me a valuable booklet1 in which the author opposes, in one chapter, "Ethical Instruction in the Schools" and, in the other chapter, he favors "Moral Instruction in the Schools." In his use of words, "ethical" means theory, a science, while "moral" means habits, an art. He persuasively opposes, therefore, the "ethical" while contending for the "moral."


Note And Comment, Raymond Archibald Fox, John R. Rood, Joseph H. Drake, Edwin C. Goddard Apr 1918

Note And Comment, Raymond Archibald Fox, John R. Rood, Joseph H. Drake, Edwin C. Goddard

Michigan Law Review

When the Descendants of a Predeceased Legatee Will Not Take Under a Statute of Substitution - There are in most states statutes declaring that if a person named as legatee dies before the testator, his descendants shall take his share. Downing v. Nicholson, 115 Ia. 493; Strong v. Smith, 84 Mich. 567; x8 A. & E. ENCYC. Ol LAw, 2d Ed. 755. A common type is such as is found in the Civil Code of California, sec. 1310, viz.: "When any estate is devised or bequeathed to any child or other relation of the testator and the devisee or legatee …


Book Reviews, Joseph H. Drake, Victor H. Lane, Willard Barbour, Edwin C. Goddard, Robert E. Bunker Apr 1918

Book Reviews, Joseph H. Drake, Victor H. Lane, Willard Barbour, Edwin C. Goddard, Robert E. Bunker

Michigan Law Review

Science of Legal Method. Select Essays by Various Authors. Translation by Ernest Bruncken, Washington, D. C. and Layton B. Register of the University of Pennsylvania Law School. With Introductions by Henry N. Sheldon, Former justice of the Supreme Judicial Court of Massachusetts and by John W. Salmond, Solicitor General of New Zealand. Boston: The Boston Book Company, I917; pp. lxxxvi, 593.


Front Matter, Michigan Law Review Apr 1918

Front Matter, Michigan Law Review

Michigan Law Review

Front matter for Volume 16, Issue 6 of Michigan Law Review.


Recent Important Decisions, Michigan Law Review Apr 1918

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy - Dichargeability of Tort Judgment - Plaintiff recovered judgment against X for damages caused by X's negligent operation of his automobile. Afterwards X obtained a discharge in bankruptcy. Held, that the judgment was thereby discharged. Jefferson Transfer Co. v. Hull, (Wis. 1918), I66 N. W. i.


Front Matter, Michigan Law Review Mar 1918

Front Matter, Michigan Law Review

Michigan Law Review

Front matter for Volume 16, Issue 5 of Michigan Law Review.


German Legal Philosophy, John M. Zane Mar 1918

German Legal Philosophy, John M. Zane

Michigan Law Review

Annexed as an appendix to the translation of Kohler's Philosophy of Law is an appreciation of the work by Adolf Lasson, 1 who complains that he himself once wrote a philosophy of law which has sunk into oblivion, probably for the reason, as he modestly suggests, that he knew so much of systematic philosophy that he had no time to acquire any "special scientific learning either in the law or any other special department of knowledge."2 This complaint is a confession, child-like and amusing in its vanity, which could be dismissed without comment, were it not something that is wholly …


Book Reviews, John B. Waite, Evans Holbrook Mar 1918

Book Reviews, John B. Waite, Evans Holbrook

Michigan Law Review

The Essentials of American Constitutional Law, by Francis Newton Thorpe, Professor of Political Science and Constitutional Law in the University of Pittsburgh. G. P. Putnam's Sons, 1917, pp. 279. This is a very readable presentation of the fundamental principles of Constitutional law. "Readable" is used advisedly because the book is written for readers rather than students of the subject. It is more a statement of principles than an exposition of their particular application. Furthermore, the principles as stated are less those which are expressed by the courts as the bases of decisions than those which inductive analysis shows to be …


Note And Comment, Henry M. Bates, Edwin C. Goddard, John R. Rood Mar 1918

Note And Comment, Henry M. Bates, Edwin C. Goddard, John R. Rood

Michigan Law Review

The National Army Act and the Administration of the "Draft" - In Aryer v. U. S., and five similar cases attacking the validity of the socalled National Army Act of May 18, 1917, Public Statutes, No. 12, 65th Congress, c. -, - Stat. -. ) the Supreme Court unanimously sustained the validity of the Act so far as attacked. The contention that compulsory military service as provided in the Act is contrary to our fundamental conception of the nature of citizenship, and that such compulsion is repugnant to a free government and in conflict with the guaranties of the Constitution …


Recent Important Decisions, Michigan Law Review Mar 1918

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bills and Notes - Dishonor by Nonpayment - Marginal Memoranda for Partial Payments - Suit by the holder on the following note: "$100.00. Hampden, N. D., Sept. 2, 1909. "On or before Sept. 2, 191o, after date, I promise to pay to the order of the Sageng Threshing Machine Company, of Minneapolis, Minn., one hundred dollars. "Value received, with interest at 6 per cent. "[Signed] ALBERT BENSON. "$25 will be paid Nov. ist, 1909. "$25 will be paid Jan. Ist, I910."


Note And Comment, Horace Lafayette Wilgus, Edson R. Sunderland, Evans Holbrook, Edgar N. Durfee Feb 1918

Note And Comment, Horace Lafayette Wilgus, Edson R. Sunderland, Evans Holbrook, Edgar N. Durfee

Michigan Law Review

Inducing Breach of Agreement by Employees Not to Join a Labor Union, in Order to Compel Unionization of Plaintiff's Business - In Hitchnan Coal & Coke Compazy v. John Mitchell, et al., (Dec. 10, 1917), 38 Sup. Ct. 6s, the novel question was presented to the Supreme Court of the United States, as to whether or not members of a labor Union could be enjoined from conspiring to persuade, and persuading, without violence or show of violence, plaintiff's employees, not members of the Union,-and who were working for plaintiff not for a specified time, but under an agreement not to …


Book Reviews, John R. Rood, John B. Waite, Joseph H. Drake, Henry F. Adams, Edson R. Sunderland, Robert T. Crane, A S. Whitney Feb 1918

Book Reviews, John R. Rood, John B. Waite, Joseph H. Drake, Henry F. Adams, Edson R. Sunderland, Robert T. Crane, A S. Whitney

Michigan Law Review

If there is a living American qualified to prepare material for the student of future interests probably law teachers would agree that Professor Kales is the man. He has written a book on Future Estates in Illinois which has made a distinct impression on the law of that state and is recognized elsewhere as a sound and scholarly treatise. He has taught the course on future interests and illegal restraints at Northwestern University Law School for many years, and last year gave the same course at Harvard.


Corporate Earnings As Gains Profits And Income As Depending Upon The Time Of Their Accrual, Robert M. Drysdale, Maurice C. Mcgiffin Feb 1918

Corporate Earnings As Gains Profits And Income As Depending Upon The Time Of Their Accrual, Robert M. Drysdale, Maurice C. Mcgiffin

Michigan Law Review

The discussion here has to do with the earnings of corporations as taxable income, whether such earnings remain in the hands of the corporation accumulating them, or are distributed to the stockholders as dividends, the inquiry being limited, however, to the question of the time of their accrual as affecting their taxability.


Recent Important Decisions, Michigan Law Review Feb 1918

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Constitutional Law - Taxation - Public Purpose - Rev. St. Me. 1903, c. 4, sec. 87, authorized any municipality to establish a permanent wood, coal, and fuel yard for the purpose of selling wood, coal, and fuel to its inhabitants at cost. Held, not to violate the Fourteenth Amendment. Jones v. City of Portland (U. S., 1917), 38 Sup. Ct Rep. 112.


Front Matter, Michigan Law Review Feb 1918

Front Matter, Michigan Law Review

Michigan Law Review

Front matter for Volume 16, Issue 4 of Michigan Law Review.


Front Matter, Michigan Law Review Jan 1918

Front Matter, Michigan Law Review

Michigan Law Review

Front matter for Volume 16, Issue 8 of Michigan Law Review.


Logic V Common Sense In Pleading, Nathan Isaacs Jan 1918

Logic V Common Sense In Pleading, Nathan Isaacs

Michigan Law Review

Michigan's experiment in pleading--or the suppression of pleading-is being carefully watched throughout the country. Not that it is likely that many other states will go to the extreme, for it is an extreme, of substituting notice-pleading for essential-fact-pleading: but it is a fact that even the code states are experiencing a reaction in that general direction. It will probably lead to a multiplication of their "short forms," rather than to a sweeping provision that


Note And Comment, Henry M. Bates, Ralph W. Aigler, James William Thomas, John B. Waite, Charles Lott Kaufmann Jan 1918

Note And Comment, Henry M. Bates, Ralph W. Aigler, James William Thomas, John B. Waite, Charles Lott Kaufmann

Michigan Law Review

Power of the US Supreme Court to Enforce Judgments Against States - In the year 1460, when the perogatives of sovereignty or at least of the Crown were asserted in England much more vigorously than they are today, "the Counseill of the right high and mighty Prynce Richard Duc of York, brought into the Parliament Chambre a writyng conteignyng the clayme and title of the right, that the seid Duc pretended unto the Corones of Englond and of Fraunce, and Lordship of Trelond, and the same writyng delyvered to the Right Reverent Fader in God George Bishop of Excestre, Chaunceller …


Recent Important Decisions, Michigan Law Review Jan 1918

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney and Client - Contracts Restricting Settlement by Client - A contingent fee agreement made by an attorney with his client provided that the attorney should have a lien for his services on the amount received by reason of the claim, and also that neither party should compromise the claim without the consent of the other. The plaintiff brought suit for the amount of his services against the defendants in the prior suit, who admitted receiving notice of the above agreement. Held, an agreement prohibiting a client from settling a case without the attorney's consent is void as against public …


Recent Important Decisions, Michigan Law Review Jan 1918

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Accretion - Title to New Land - Certain lots in Section 31 bounded on one side by a river and on the opposite side by a section line were slowly eaten away and submerged by the action of the water. By this process the river was carried beyond the section line into Section 3o onto the land of P. After a time the river again shifted and gradually restored P's land and built new land in Section 31 where the above mentioned lots had been. As against D who had acquired tax deeds to the new land in Section 31. …


Book Reviews, Edwin C. Goddard, Joseph H. Drake Jan 1918

Book Reviews, Edwin C. Goddard, Joseph H. Drake

Michigan Law Review

Book Review of Lemuel Shaw by Frederic Hathaway Chase, and The War and Humanity by James M. Beck.


Front Matter, Michigan Law Review Jan 1918

Front Matter, Michigan Law Review

Michigan Law Review

Front matter for Volume 16, Issue 7 of Michigan Law Review.


Note And Comment, Ralph W. Aigler, Edson R. Sunderland, Evans Holbrook, Abraham Jacob Levin Jan 1918

Note And Comment, Ralph W. Aigler, Edson R. Sunderland, Evans Holbrook, Abraham Jacob Levin

Michigan Law Review

Notes on recent cases and letters to the Law Review.


Law Of Blasphemy, Robert Warden Lee Jan 1918

Law Of Blasphemy, Robert Warden Lee

Michigan Law Review

Is Christianity part of the Law of England? It would seem that if it ever was so, it is so no longer. Such at least is the conclusion which Austin's "simple-minded layman" will undoubtedly draw from the recent decision of the House of Lords in Bowman v. The Secular Society, Limited, [1917] A. C. 4o6. The lawyer who recognizes that such phrases as the above can have little or no value in legal science will be more concerned to note the unanimous determination of the final court of appeal in Great Britain in favor of the view of the law …


Note And Comment, Ralph W. Aigler, John B. Waite, Evans Holbrook, John R. Rood Jan 1918

Note And Comment, Ralph W. Aigler, John B. Waite, Evans Holbrook, John R. Rood

Michigan Law Review

Injuries Arising "Out of" an Employment - An employee's duties take him into the streets where he is injured by being run into by an automobile or other vehicle; has he ground for recovery of compensation under the usual WOltM4a,'eS COMPENSATION AcT providing for an award for injuries "arising out of and in the course of his employment"? Since he was in the street in pursuance of his duties and not in going to or from work, it is clear that the injury was one arising in the "course of" the employment. But did it arise "out of' the employment?


Recent Important Decisions, Michigan Law Review Jan 1918

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Animals - Injuries by Animals at Large - In an action for damages for injuries sustained by the kick of a horse, the petition alleged that for many days the defendant carelessly and negligently permitted a horse owned by him to run loose on the streets unattended, and that the plaintiff while playing about was kicked by the horse. On demurrer, held, no cause of action stated because no allegation that the owner knew the horse was vicious. Brady v. Str.aub, (Ky. Ct. of App. 1917), 197 S. W. 938.


Books Received, Michigan Law Review Jan 1918

Books Received, Michigan Law Review

Michigan Law Review

Equity in its Relations to Common Law: A Study in Legal Development, by William W. Billson. Boston: Boston Book Co., 1917; pp. xii, 234.


State Regulation Of The Canal Corporation In Colorado, Leonard P. Fox Jan 1918

State Regulation Of The Canal Corporation In Colorado, Leonard P. Fox

Michigan Law Review

Inapplicability of the common law doctrine of riparian rights to conditions in the arid region moved the first territorial legislature of Colorado to recognize the counter doctrine of prior appropriation. In fact, the right to the water in the streams of Colorado, by prior appropriation, antedated any legislation. "It was the common law of the people, and legislation, both national and territorial, was but a recognition declaratory of the right as it had theretofore and then existed."-1 Adhering to territorial precedent, Colorado was the first state to incorporate the priority doctrine in its organic law.


Recent Important Decisions, Michigan Law Review Jan 1918

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bailment - Artisan's Lien - Selling Automobile Tires - Appellee sought to enforce a lien on three touring cars for the price of eight casings sold and fitted on them by him. No charge was made for taking off the old casings and putting on the new ones. The lien was based on the statute giving a lien to wheelwrights who performed work and labor on carriages, wagons, farm irhplements, and other articles for such work and labor, and for all materials furnished by them and used in such product or repairs. AcTs or ARKANSAS, i903, p. 26o. Held, (one …


Book Reviews, Willard Barbour, Horace L. Wilgus, Edwin C. Goddard, Robert T. Crane, Joseph H. Drake Jan 1918

Book Reviews, Willard Barbour, Horace L. Wilgus, Edwin C. Goddard, Robert T. Crane, Joseph H. Drake

Michigan Law Review

Science and Learning in France. With a Survey of Opportunities for American Students in French Universities. An Appreciation by American Scholars. The Society for American Fellowships in France, 1917; PP. xxxviii, 454.