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Michigan Law Review

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International Status Of The Grand Duchy Of Luxemburg And The Kingdom Of Belgium In Relation To The Present European War, Theodore P. Ion Apr 1915

International Status Of The Grand Duchy Of Luxemburg And The Kingdom Of Belgium In Relation To The Present European War, Theodore P. Ion

Michigan Law Review

The case of Belgium presents an entirely different aspect both from the legal and the political point of view. While the guarantee of the neutrality of Luxemburg interests---or interested at the time of the signature of the Treaty of 1867 -- France and Prussia only, and the other contracting parties (and particularly Great Britain) acceded to it, to use the "'reluctantly," words of Lord Stanley, that of Belgium had and has an entirely different character so far as England is concerned. It affects her vital interests, namely, her own security. Hence the difference in the wording of the instrument guaranteeing …


Recent Important Decisions Apr 1915

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Note And Comment, Henry M. Bates, Evans Holbrook, Will R. Roberts, Marcy K. Brown Jr, Allen M. Reed Apr 1915

Note And Comment, Henry M. Bates, Evans Holbrook, Will R. Roberts, Marcy K. Brown Jr, Allen M. Reed

Michigan Law Review

Legislative Power to Restrict Freedom of Labor Contracts -The struggle between the police power of the legislature and the nineteenth century idea of due process of law continues unremittingly. That increasing social necessities and a more comprehensive and perfect conception of justice have resulted in recent years in restricting the "due process" clauses in federal and state constitutions to their historically and logically more correct meaning and scope there can be no doubt. Scores, if not hundreds, of decisions by our courts and conspicuously those of the United States Supreme Court have shown complete recognition of the fact that the …


Conveyancing In The Province Of Quebec, Howard S. Ross Apr 1915

Conveyancing In The Province Of Quebec, Howard S. Ross

Michigan Law Review

A solicitor who has had experience as a conveyancer in any of the other Canadian provinces is at first disappointed when he finds on coming to Quebec to practice that in Quebec the bulk of the conveyancing is done by Notaries who, as is well known, belong to a distinct profession founded on the French Notarial system. An Advocate may not be a Notary or a Notary an Advocate, at one and the same time. In a few cases young men take the examinations and qualify as Advocates and Notaries and then elect. Occasionally after practicing a number of years …


Book Reviews, Edwin C. Goddard, Will F. Black, Joseph H. Drake Apr 1915

Book Reviews, Edwin C. Goddard, Will F. Black, Joseph H. Drake

Michigan Law Review

A collection of book reviews by multiple authors.


Observations On The Law Of Evidence, Ezra Ripley Thayer Mar 1915

Observations On The Law Of Evidence, Ezra Ripley Thayer

Michigan Law Review

Complaints of the administration of justice have been many of late, and the law of evidence has had its full share. Our profession ought to listen to such complaints with an open mind and a temper free from prejudice or irritation; and if we are honest with ourselves we may realize that it will take an effort to attain this serene and candid intellectual atmosphere. Conservatism is a natural and proper attribute of our profession. Law, as has been finely said, "embodies beliefs that have triumphed in the battle of ideas, and then have translated themselves into action; while there …


International Status Of The Grand Duchy Of Luxemburg And The Kingdom Of Belgium In Relation To The Present European War, Theodore P. Ion Mar 1915

International Status Of The Grand Duchy Of Luxemburg And The Kingdom Of Belgium In Relation To The Present European War, Theodore P. Ion

Michigan Law Review

The International status of the Grand Duchy of Luxemburg and J-of the Kingdom of Belgium, through whose territory the army of Kaiser William II marched, in order, to use the expression of Grotius, "to meet the enemy," has been, since the outbreak of the present European war, the crucial point of discussion between the diplomatists and publicists of the belligerents, each trying to impress upon the neutral public the justice of the cause of their country.


Book Reviews, Willard T. Barbour, Edson R. Sunderland Mar 1915

Book Reviews, Willard T. Barbour, Edson R. Sunderland

Michigan Law Review

A collection of book reviews by multiple authors.


Note And Comment, Ralph W. Aigler, John R. Rood, Henry Rottschaefer, Allen M. Reed Mar 1915

Note And Comment, Ralph W. Aigler, John R. Rood, Henry Rottschaefer, Allen M. Reed

Michigan Law Review

Revocability of Licenses - The Rule of Wood v. Leadbitter - That a mere license purporting to create in the licensee a new right or privilege is revocable at law at the will of the licensor seems to have been definitely settled in England by Wood v. Leadbitter. It was there held that the plaintiff who had entered the close of the defendant's master after the purchase of a proper ticket could be -forcibly ousted, notice having been first given that he should leave. The only remedy open to the ousted ticket holder-in law at least-no excessive violence having been …


Some Needed Reforms In The Methods Of Selecting Juries, Willis B. Perkins Mar 1915

Some Needed Reforms In The Methods Of Selecting Juries, Willis B. Perkins

Michigan Law Review

For the purpose of comparison and in a measure as a justification for some of the conclusions reached, I will premise what I have to say by a general review of the practice of securing juries in England.


Recent Important Decisions Mar 1915

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Liability To Third Persons Of Associates In Defectively Incorporated Associations, Joseph L. Lewinsohn Feb 1915

Liability To Third Persons Of Associates In Defectively Incorporated Associations, Joseph L. Lewinsohn

Michigan Law Review

The principles underlying the obligations to third persons of the members of defectively incorporated associations, are few and not difficult of apprehension. Yet there is hardly a topic in the law of private corporations upon which the views of both courts and theoretical writers dre in more disagreement. This disagreement is concerned largely with three questions, namely: What is the basis and scope of the doctrine of de facto corporations? Are persons dealing with the associates on a corporate basis estopped to deny the corporate character of the association? Are the associates ipso facto liable as partners? Upon all of …


Early History Of Equity, W S. Holdsworth Feb 1915

Early History Of Equity, W S. Holdsworth

Michigan Law Review

Mr W. T. BARBOUR'S Essay on the History of Contract in early English Equity, which has been published this year in Oxford Studies in Social and Legal History, is one of the most, if not the most, valuable of the contributions to English Legal History which has yet appeared in that series. Mr. BARBOUR is to be congratulated on his first appearance in a field in which the harvest, though somewhat difficult to collect, is very abundant,-- in a field in which the labourers are all too few. I think too that the Essay is important not only because it …


Book Reviews, Robert E. Bunker, Grover C. Grismore, John B. Waite, Willard T. Barbour Feb 1915

Book Reviews, Robert E. Bunker, Grover C. Grismore, John B. Waite, Willard T. Barbour

Michigan Law Review

A collection of book reviews by multiple authors.


Note And Comment, Hollis Harshman Feb 1915

Note And Comment, Hollis Harshman

Michigan Law Review

Breach of Landlord's Covenant as Defense to Action for Rent - It is undoubtedly well settled that if the agreement to pay rent is dependent upon the performance by the landlord of some undertaking on his part, the failure by the landlord so to perform is a good defense to an action for the rent. It is equally well settled that if the agreements are independent such failure by the landlord is no defense. The difficulty arises in determining whether the agreements are dependent or independent. That question is one of construction, and it cannot be expected that all the …


Recent Important Decisions Feb 1915

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


International Law In War, Thomas Niemeyer Jan 1915

International Law In War, Thomas Niemeyer

Michigan Law Review

International Law in War and the International Law of War are two distinct things, and the fact that they are not carefully enough distinguished has been the source -in the present war of certain misunderstandings that are in no way unimportant.


Recent Important Decisions Jan 1915

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Comparison Of Some Methods Of Conciliation And Arbitration Of Industrial Disputes, James H. Brewster Jan 1915

Comparison Of Some Methods Of Conciliation And Arbitration Of Industrial Disputes, James H. Brewster

Michigan Law Review

In these times when we see combinations of employers co-operating under trade agreements with combinations of employees to conduct immense industries, we are apt to forget the remarkable development of ideas concerning industrial economy that has occurred within a life-time. It was only eighty years ago that the merchants of Boston met to discountenance and check what were then" regarded as unlawful combinations of workmen formed to protest against the long work day, low wages, and oppressive rules of their masters. The sum of $20,0oo was raised at this meeting of merchants and ship owners to fight the movement for …


Book Reviews, Edwin C. Goddard, Victor H. Lane Jan 1915

Book Reviews, Edwin C. Goddard, Victor H. Lane

Michigan Law Review

A collection of book reviews by multiple authors.


Neutralization Of Belgium And The Doctrine Of Kriegsraison, Jesse S. Reeves Jan 1915

Neutralization Of Belgium And The Doctrine Of Kriegsraison, Jesse S. Reeves

Michigan Law Review

Anything which Professor Niemeyer has to say in the field of International Law is deserving of serious attention. Under his editorial supervision the ZEITSCHRIFT INTERNATIONALES RECHT has become a valuable factor in the development of International Law in Germany. The foregoing article, which recently appeared in the JURISTICHE WOCHENSCHRIFT, has been translated with his consent with a view to its publication in these pages. The leading thought of the article is to arrive at a justification of Germany's failure to observe the Treaty of London of 1839 from the point of view of International Law. He rests his case (1) …


Note And Comment, Edson R. Sunderland, Roswell B. O'Hara, Arend V. Dubee, Hollis Harshman Jan 1915

Note And Comment, Edson R. Sunderland, Roswell B. O'Hara, Arend V. Dubee, Hollis Harshman

Michigan Law Review

The Proposed Michigan Judicature Act. The Michigan Legislature, at its last session, passed an act (No. 286, Public Acts of 1913) providing for the appointment of a Commission to revise and consolidate the laws of the State relating to procedure. The Governor appointed Alva M. Cummins, J. Clyde Watt, and Mark W. Stevens as members of this commission, and, the result of their labors has just appeared in the form of a proposed bill regulating the entire subject of procedure in all the courts of the State. The bill is a long one, embracing 565 printed pages, but it is …


New Interpretation Of The Sherman Act, Clarence E. Eldridge Dec 1914

New Interpretation Of The Sherman Act, Clarence E. Eldridge

Michigan Law Review

What has been said in the preceding part of this discussion addresses itself to the proposition that the SHERMAN Act does not mean what the District Court assumed it to mean. Naturally, such a negative discussion must be preliminary to a consideration of the more .comprehensive question "What does the SHERMAN ACT mean?" For, of course, even if the theory of the law upon which the District Court based its judgment was erroneous, still that fact would be of little or no practical importance if any tenable theory of the law were to justify the judgment.


Note And Comment, Henry Rottschaefer, Walter Mckenzie, Karl J. Mohr, John G. Cedergren, J G. Tucker Jr Dec 1914

Note And Comment, Henry Rottschaefer, Walter Mckenzie, Karl J. Mohr, John G. Cedergren, J G. Tucker Jr

Michigan Law Review

The Use of Multiple in Determining the Value of Railroad Lands - The case of Chicago & N. W. Ry. Co. v. Smith et al., decided by the United States District Court for the District of South Dakota and reported in 21o Fed. 632, contains an interesting suggestion as to the means to be employed in determining the value of lands used for railway purposes, which 'Was not, however, accepted by the court.


Law's Delays, Grant Foreman Dec 1914

Law's Delays, Grant Foreman

Michigan Law Review

A Gentleman of an acquisitive nature was adventuring about a large city seeking what he might turn to quick profit. Contact with the so-called font of justice gave him an idea, following which he opened up a quiet brokerage business. Perceiving a demand for jurors who would decide a case favorably, to the side that was willing to pay a decent price, he set about supplying that demand. The trade mark on his goods was a pin stuck in the lapel of the coat in such" fashion that in the jury box they would Without ostentation be recognized by his …


Recent Important Decisions Dec 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Book Reviews, Evans Holbrook, John R. Rood, Henry M. Bates Dec 1914

Book Reviews, Evans Holbrook, John R. Rood, Henry M. Bates

Michigan Law Review

A collection of book reviews by multiple authors.


Protection Of Aliens By The United States, Simeon E. Baldwin Nov 1914

Protection Of Aliens By The United States, Simeon E. Baldwin

Michigan Law Review

Every country owes a duty of protection to aliens who are lawfully within its territory. "An alien friend, however transient his presence may be, is entitled to a temporary protection, and owes in return a temporary allegiance."


Some Myths Of The Law, Walter Clark Nov 1914

Some Myths Of The Law, Walter Clark

Michigan Law Review

When I was a child, I spake as a child, I understood as a child, I thought as a child; but when I became a man, I put away childish things." These words of the great Apostle to the Gentiles apply to every calling and to every profession under the sun save only that of the law.


Recent Important Decisions Nov 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.