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Articles 7951 - 7980 of 12807
Full-Text Articles in Entire DC Network
Sunday Laws-Illegality Of Sunday Contracts, Robert O. Hancox S.Ed.
Sunday Laws-Illegality Of Sunday Contracts, Robert O. Hancox S.Ed.
Michigan Law Review
The concept of the Sabbath, the setting apart of one day in seven as a day of rest, was derived from the Mosaic code, the Fourth Commandment directs abstention from labor on the seventh day of the week, and although there is nothing in the New Testament relating to Sunday, the Christian world adopted the first day of the week as a day of rest. Constantine, by an edict in 321 A.D., ordered the suspension on Sunday of all business in the courts of law, except the manumission of slaves, and all other- business except agricultural labor.
Monthly Periodical Index, Michigan Law Review
Monthly Periodical Index, Michigan Law Review
Michigan Law Review
This department lists the articles and comments which appear in twenty-four leading law reviews. The index embraces material published since the last issue of this REVIEW.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 45, Issue 4 of Michigan Law Review
Torts-Liability Of Land And Chattel Owner To Third Party For Acts Of Infant Trespasser, T. L. Tolan
Torts-Liability Of Land And Chattel Owner To Third Party For Acts Of Infant Trespasser, T. L. Tolan
Michigan Law Review
Defendant left on his land tractors which could easily be started by children in the neighborhood who, defendant knew, frequently trespassed and played on the machines. A boy of ten inadvertently started one of the machines and then jumped to safety, but the tractor proceeded through a building on defendant's land, down a hill, across a street, and into and through the plaintiff's house a block away, causing the damage for which she sues. The trial court charged that to justify recovery for the plaintiff the jury must find not only that defendant was negligent, and that his negligence was …
Wills--Construction-Lapse-"Heirs" As Substitutionary, Ira M. Price, Ii
Wills--Construction-Lapse-"Heirs" As Substitutionary, Ira M. Price, Ii
Michigan Law Review
Testator in his will bequeathed one half of his estate "share and share alike" to his three brothers, naming them, "being to each a one-third part thereof, to them and their heirs forever." Two of the brothers were to testator's knowledge dead at the time he made his will, and the third brother predeceased the testator. In proceedings brought for a construction of the will, held, that the residuary legacies to the brothers did not lapse, but the legacies vested in the respective heirs of deceased brothers. In re Britt's Estate, (Wis. 1946) 23 N.W. (2d) 498.
Constitutional Law-State Apportionment For Congressional Elections-Justiciability Of Issue, L. B. Brody S.Ed.
Constitutional Law-State Apportionment For Congressional Elections-Justiciability Of Issue, L. B. Brody S.Ed.
Michigan Law Review
Petitioners, three qualified Illinois voters, filed a proceeding in a United States district court composed of three judges, seeking a determination under the Federal Declaratory Judgment Act that the 1901 State Apportionment Act of Illinois was in violation of the Fourteenth Amendment and Article I of the Constitution, in that it denied to citizens of the United States the equal and unabridged right to vote for Congressmen. On direct appeal to the Supreme Court of a dismissal of the petition by the lower court, the complaint alleged that the statute apportioning the State of Illinois was void in that it …
Application Of Federal Income, Estate And Gift Tax Laws To Community Property, Willard S. Pedersen
Application Of Federal Income, Estate And Gift Tax Laws To Community Property, Willard S. Pedersen
Michigan Law Review
The ganancial or community concept of property ownership, by which husband and wife have equal, vested, undivided, one-half interests in property held by them as tenants in community, has been a thorn in the side of federal tax laws ever since some tax-conscious community income earner decided to report as taxable only one-half of the community income, leaving the other half to be reported by and taxed to his wife upon her separate return. Such procedure first became authorized in community property jurisdictions recognizing the wife's interest as "vested" in 1920. Not long thereafter the realization began to dawn upon …
Labor Law-Injunction-United States V. United Mine Workers Of America, R. L. Cardon, R. O. Hancox S.Ed., P. F. Westbrook, Jr. S.Ed.
Labor Law-Injunction-United States V. United Mine Workers Of America, R. L. Cardon, R. O. Hancox S.Ed., P. F. Westbrook, Jr. S.Ed.
Michigan Law Review
This comment was originally prepared as a discussion of the decision of the District Court for the District of Columbia. Since it seemed probable that the Supreme Court's decision would be rendered before or shortly after the comment could be published in normal course, the editors decided to delay the printing of this issue of the Review so that a discussion of the Supreme Court opinions could be included. References to the opinions of the Supreme Court Justices appear in brackets.Ed.] Following a breakdown in the collective bargaining process in the spring of 1946 between the majority of …
Bills And Notes--Holder In Due Course-Purchasing Installment After Maturity, John E. Grosboll
Bills And Notes--Holder In Due Course-Purchasing Installment After Maturity, John E. Grosboll
Michigan Law Review
Three installment notes were pledged to the plaintiffs by the payee as security. At the time plaintiffs took the notes, the first installment of each was overdue and unpaid. In an action by plaintiffs against the makers, the latter pleaded in defense failure of consideration and fraud on the part of the payee. Held, plaintiffs were not holders in due course and consequently took the notes subject to the defense of the makers. Bliss v. California Co-op. Producers, (Cal. 1946) 172 P. (2d) 62.
Constitutional Law-Due Process Of Law-Freedom Of The Press To Criticize The Judiciary-Clear And Present Danger Test, Merrill N. Johnson
Constitutional Law-Due Process Of Law-Freedom Of The Press To Criticize The Judiciary-Clear And Present Danger Test, Merrill N. Johnson
Michigan Law Review
The editor and publisher of the Miami Herald published two editorials and a cartoon which inaccurately portrayed the local circuit court as willing to "accept, even go out to find, every possible technicality of the law to protect the defendant, to block, thwart, hinder, embarass and nullify prosecution" in certain criminal cases then before the court. They were cited in contempt of the circuit court for tending to obstruct and interfere with the impartial administration of justice. Found guilty of the charges, the petitioners appealed to the Florida Supreme Court, which affirmed the decision declaring that the object of the …
Insurance-Right Of Insured To Make His Own Defense At Expense Of Insurer Where P And D Are Insured By Same Insurer, Kenneth Liles
Insurance-Right Of Insured To Make His Own Defense At Expense Of Insurer Where P And D Are Insured By Same Insurer, Kenneth Liles
Michigan Law Review
The drivers of two automobiles involved in a collision were insured against liability for damages by the same insurance company. Their policies contained clauses reserving to the insurer the right and duty to defend all actions. One driver, Borad, sued the other, O'Morrow, who, through counsel of his own selection, filed a cross complaint for damages and gave notice to the insurance company that these attorneys would also present his defense. When the company informed O'Morrow that it considered his independent defense a breach of the co-operation clause, he brought this action for declaratory relief. On appeal from a judgment …
The Subjects Of A Modern Law Of Nations, Philip C. Jessup
The Subjects Of A Modern Law Of Nations, Philip C. Jessup
Michigan Law Review
International law is generally defined or described as law applicable to relations between states. States are said to be the subjects of international law and individuals only its "objects." Treatises on international law accordingly usually proceed at the very outset to examine the nature and essential characteristics of the fictitious jural person known as the state.
Trusts-Where Settlor Has Previously Made An Absolute Gift Of Corpus To Trustee-Self Declaration Of Trust, L. B. Brody S.Ed.
Trusts-Where Settlor Has Previously Made An Absolute Gift Of Corpus To Trustee-Self Declaration Of Trust, L. B. Brody S.Ed.
Michigan Law Review
In 1930 plaintiff received certain shares of stock from his uncle by way of outright gift. Seven months later, in order to decrease inheritance taxes at the time of the death of the donee, a declaration of trust was prepared and executed by the original donor as settlor, and indorsed by the donee "as Trustee, to evidence his acceptance of the Trusts herein expressed," at which time the donee surrendered the certificate of shares originally given him and was issued a new certificate as trustee. Plaintiff now sues for an annulment of the instrument. Held, the document was void …
Soviet Law Of Inheritance: Ii, Vladimir Gsovski
Soviet Law Of Inheritance: Ii, Vladimir Gsovski
Michigan Law Review
Wills. Neither the Civil Code nor any other statute sets forth any specific requirements for capacity to make a will. Therefore, the soviet jurists deem any person who is generally competent to enter into legal transactions (Civil Code, Section 8) capable of making a will. Thus, minors under the age of eighteen years and persons adjudged unable to manage their affairs because of mental disease or weak-mindedness do not have testamentary capacity. Likewise, a will executed by a testator while "in a state of mind which precluded his understanding the significance of his acts," has no validity (id., Section 3r).
Monthly Periodical Index, Michigan Law Review
Monthly Periodical Index, Michigan Law Review
Michigan Law Review
This department lists the articles and comments which appear in twenty-four leading law reviews. The index embraces material published since the last issue of this REVIEW.
Libel And Slander-Charge Of Communism As Libel, Robert L. Cardon
Libel And Slander-Charge Of Communism As Libel, Robert L. Cardon
Michigan Law Review
Plaintiff a federal official, brought a libel action based on defendant's publication, in 1944, of an article charging that plaintiff had been campaign manager for a Communist candidate in a New York election; had been employed by the Daily Worker; and had caused defendant's removal from a Bronx ration board because of defendant's opposition to left-wing activities connected therewith. Plaintiff contended that the article was libelous in that (1) it charged that he was a Communist; and (2) it charged that he had conspired, in violation of the duties of his office, to oust defendant. Held, the complaint stated …
Quasi-Contracts-Assumpsit For Use And Occupation Of Land, R. O. Hancox S.Ed.
Quasi-Contracts-Assumpsit For Use And Occupation Of Land, R. O. Hancox S.Ed.
Michigan Law Review
Defendant had a right of way over plaintiff's land limited to the transportation of coal mined on that land. Plaintiff seeks to recover for use and occupation of his land by defendant when he exceeded his right by transporting coal mined on adjacent property. Held, the plaintiff is entitled to quasi-contractual recovery of the value of the benefit to defendant based on the prevailing rate of purchase of right of way for transportation of coal over another's land. Raven Red Ash Coal Co., Inc. v. Ball, (Va. 1946) 39 S.E. (2d) 231.
Taxation-Federal Gift Tax-Life Insurance Policies, John W. Riehm S.Ed.
Taxation-Federal Gift Tax-Life Insurance Policies, John W. Riehm S.Ed.
Michigan Law Review
On December 19, 1930 the petitioner created two trusts, placing in the first five $100,000 life insurance policies on the life of her husband, and in the second, securities, the income from which was to pay premiums on the policies, excess if any to be paid to the petitioner; after the death of her husband the whole of the income from the securities was to be paid to her for life. On death of the husband the proceeds of the life insurance policies were to be used to provide life estates for four named beneficiaries followed by remainders over; and …
Book Notes, Michigan Law Review
Book Notes, Michigan Law Review
Michigan Law Review
This department undertakes to list and when possible, describe briefly current books on law and matters closely related thereto.
Economic Duress -- An Essay In Perspective, John P. Dawson
Economic Duress -- An Essay In Perspective, John P. Dawson
Michigan Law Review
The boundaries of common law duress have been gradually expanding for more than a century. The processes of expansion are themselves of interest, as illustrating methods of growth in a system of case law. More important is the goal toward which this movement aims. For it is through duress and related ideas that private law has dealt most directly with problems raised by inequality in bargaining power. Particularly in the field now known as economic duress, courts have been compelled to take a stand on that central issue of modern politics, the control of economic power. Both the growth in …
Model Probate Code And Monographs On Probate Law: A Review, Russell Denison Niles
Model Probate Code And Monographs On Probate Law: A Review, Russell Denison Niles
Michigan Law Review
The current volume in the Michigan Legal Studies, Problems in Probate Law: Model Probate Code, is an outstanding example of what can be achieved by the cooperation of a professional association and a well-financed and forward-looking law school. The Probate Division of the Section of Real Property, Probate and Trust Law of the American Bar Association initiated the project of preparing a model probate code and sponsored the project through to completion. The code is the Probate Division's proudest achievement. But the code would not have been possible without the Herculean labors of Professor Lewis M. Simes, Director of …
Constitutional Law-Interstate Commerce-Congressional Consent To Discriminatory State Taxation, George Brody S.Ed.
Constitutional Law-Interstate Commerce-Congressional Consent To Discriminatory State Taxation, George Brody S.Ed.
Michigan Law Review
South Carolina statutes imposed upon foreign insurance companies a tax of 3 per cent of the aggregate premiums received from business done within the state, without reference to its interstate or local character, as a condition to receiving a certificate of authority to do business within the state. No similar tax was imposed upon domestic insurance companies. The Prudential Life Insurance Company, a New Jersey corporation doing business in South Carolina, refused to pay, contending that since it was a discriminatory tax it was unconstitutional. Furthermore, Prudential challenged the power of Congress to consent to the levying of such discriminatory …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 45, Issue 3 of Michigan Law Review
Declaratory Judgment Where Criminal Action Is Pending, Robert E. Walsh S.Ed.
Declaratory Judgment Where Criminal Action Is Pending, Robert E. Walsh S.Ed.
Michigan Law Review
Subsequent to the filing of an information against him before a Justice of the Peace by the Secretary of Agriculture of the State of Iowa for violation of the Iowa Cream Grading Act, plaintiff applied to the District Court for an injunction against the proceeding before the Justice, and requested a declaration that he was not subject to the act. The District Court denied the injunction, but issued a decree declaring that plaintiff was not subject to the Cream Grading Act. On appeal, held, affirmed. Where complicated legal issues cannot be determined with equal facility by a Justice of …
Future Interests-Rule Against Perpetuities-Contingent Remainders In The Alternative-Rule Of Loddington V. Kime-Power Of Appointment, Shubrick T. Kothe S.Ed.
Future Interests-Rule Against Perpetuities-Contingent Remainders In The Alternative-Rule Of Loddington V. Kime-Power Of Appointment, Shubrick T. Kothe S.Ed.
Michigan Law Review
Prior to her marriage, settlor created a trust, reserving to herself a life estate, with general testamentary power of appointment over the corpus. The trust deed provided further that in default of appointment, "or as to any part of said estate as to which the appointment may for any reason fail to take effect," the property was to remain in trust to pay one-half the income to her fiancé for life, if he should survive her, the other half to her children who survived or the issue of deceased children, and to pay over the principal when the youngest taker …
Monthly Periodical Index, Michigan Law Review
Monthly Periodical Index, Michigan Law Review
Michigan Law Review
This department lists the articles and comments which appear in twenty-four leading law reviews. The index embraces material published since the last issue of this REVIEW.
Book Notes, Michigan Law Review
Book Notes, Michigan Law Review
Michigan Law Review
This department undertakes to list and when possible, describe briefly current books on law and matters closely related thereto.
Corporations-Sale Of All Or Substantially All Of Corporate Assets-Effect Of Modern Statutes, P. F. Westbrook, Jr. S.Ed.
Corporations-Sale Of All Or Substantially All Of Corporate Assets-Effect Of Modern Statutes, P. F. Westbrook, Jr. S.Ed.
Michigan Law Review
Modern general corporation acts commonly provide that a sale of all or substantially all of the assets of a corporation organized thereunder may be authorized by the affirmative vote of a specified proportion of the outstanding shares and made upon such terms as the board of directors shall deem expedient and for the best interests of the corporation. Since this sale provision usually stands apart from the dissolution or winding-up process authorized in the same acts, a legislative intent to govern all voluntary sales, not actually incident to dissolution by the terms of the statute would seem to be clear. …
Soviet Law Of Inheritance: I, Vladimir Gsovski
Soviet Law Of Inheritance: I, Vladimir Gsovski
Michigan Law Review
The Soviet law of inheritance has suffered several drastic changes. Not only were the statutory provisions changed, but the attitude of soviet jurists to the very institution of devolution of property on death has presented a constantly changing picture.
States-Waiver Of State Immunity To Suit With Special Reference To Suits In Federal Courts, Richard C. Scatterday S.Ed.
States-Waiver Of State Immunity To Suit With Special Reference To Suits In Federal Courts, Richard C. Scatterday S.Ed.
Michigan Law Review
Although deriving its force and effect from the medieval period, the doctrine of sovereign immunity retains much of its original influence. Historically, the doctrine is based upon the rule that no suit may be brought against the King without his consent. This concept found its way into international law, and from this source was derived the freedom from suit that our individual states enjoy in their own courts. With the development of the federal union, new problems arose and many were resolved by the adoption of the Eleventh Amendment, which forbids suit against a state in a federal court by …