Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (11192)
- Constitutional Law (1622)
- State and Local Government Law (947)
- Torts (910)
- Courts (879)
-
- Contracts (846)
- Estates and Trusts (841)
- Supreme Court of the United States (837)
- Legislation (770)
- Property Law and Real Estate (747)
- Legal History (684)
- Legal Writing and Research (674)
- Criminal Law (636)
- Labor and Employment Law (625)
- Business Organizations Law (596)
- Evidence (542)
- Jurisdiction (541)
- Tax Law (500)
- Banking and Finance Law (475)
- Criminal Procedure (462)
- Civil Rights and Discrimination (461)
- Securities Law (456)
- Litigation (446)
- Law and Society (423)
- Commercial Law (421)
- Civil Procedure (418)
- Administrative Law (404)
- Fourteenth Amendment (361)
- Common Law (358)
- Comparative and Foreign Law (353)
- Keyword
-
- United States Supreme Court (404)
- Book reviews (279)
- Liability (266)
- Negligence (249)
- Michigan (245)
-
- History (241)
- Fraud (223)
- New York (205)
- Treatises (193)
- Due process (192)
- Publications (181)
- Constitution (166)
- Judicial review (157)
- Intent (149)
- Law reform (149)
- Regulation (143)
- Race and law (135)
- Fifth Amendment (133)
- Corporations (126)
- Lawyers (122)
- Law professors (120)
- State courts (120)
- Federal courts (112)
- England (109)
- Interstate commerce (108)
- University of Michigan Law School (107)
- California (96)
- Competition (96)
- Racism (96)
- Clayton Act (95)
- Publication Year
- File Type
Articles 8311 - 8340 of 12807
Full-Text Articles in Entire DC Network
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 42, Issue 1 of Michigan Law Review
The Administrative Crime, Its Creation And Punishment By Administrative Agencies, Edmund H. Schwenk
The Administrative Crime, Its Creation And Punishment By Administrative Agencies, Edmund H. Schwenk
Michigan Law Review
The application of the penal sanction in the field of administrative law involves mainly three problems: (1) the constitutionality of a statute which authorizes an administrative agency to issue rules and regulations enforceable by punishment and thus to create certain elements of crime; (2) the constitutionality of a statute which authorizes an administrative agency to create the penalty for the violation of its rules and regulations; and (3) the constitutionality of a statute which authorizes an administrative agency to impose a penalty upon the delinquent. Even if the first problem can be answered in the affirmative, two questions still remain: …
Renegotiation Of War Contracts, Charles W. Steadman
Renegotiation Of War Contracts, Charles W. Steadman
Michigan Law Review
The limitation of war profits to fair and reasonable levels and the purchase of war goods at fair prices are essential to the successful prosecution of the war. These problems come as a part of war and must be solved just as surely as tactical problems in battle. Exorbitant profits and prices spell defeat to any nation, for they point the way to inflation and economic collapse. In modern war the difference between defeat and victory lies ultimately in the economic strength of the countries involved. The lessons of history have shown us that no nation can achieve and maintain …
Reinstatement Of Employees Under The Fair Labor Standards Act, George W. Crockett, Jr.
Reinstatement Of Employees Under The Fair Labor Standards Act, George W. Crockett, Jr.
Michigan Law Review
The Fair Labor Standards Act is one of several comprehensive federal enactments regulating the relationship between employers and their employees in interstate commerce. These enactments have not followed a common pattern, nor have the means provided for their effective administration and enforcement been the same in each instance. Taken together, however, they establish our national labor policy. The underlying theory of this policy is that employees do not stand upon an equal footing with organized management and are unable to exert, individually, sufficient bargaining power to prevent management from imposing upon them conditions of employment detrimental to their welfare and …
Corporations-The Executive Committee In Corporate Organization-Scope Of Powers, Dickson M. Saunders
Corporations-The Executive Committee In Corporate Organization-Scope Of Powers, Dickson M. Saunders
Michigan Law Review
From the very beginning of the use of the corporate structure as a device for carrying on the businesses and activities of man, it has been apparent that the nominal brain, the board of directors, could not feasibly run the affairs of the inanimate entity unless certain powers could be delegated to officers and agents. The early case of Hoyt v. Thompson's Executor illustrates the judicial recognition of delegated powers. The charter authorized all business of ordinary nature to be transacted by a board of directors of twenty-three.
Searches And Seizures-The Criterion Of Reasonableness
Searches And Seizures-The Criterion Of Reasonableness
Michigan Law Review
Epithetical jurisprudence is an easy way out of difficulty. Find some term to the use of which established law has commonly attached a consequence; apply that term to the fact situation at hand; the legal consequence is automatically determined. If it happens that the new fact situation is not quite like those to which the term has previously been applied, the term has unobtrusively acquired a new significance; but the forms of logical decision have been followed. One perennial illustration of that epithetical process is the judicial determination that a particular search or seizure is "reasonable" or "unreasonable" epithets whose …
Unreported Michigan Supreme Court Opinions, 1836-1843, Clark F. Norton
Unreported Michigan Supreme Court Opinions, 1836-1843, Clark F. Norton
Michigan Law Review
It is a commonly known fact that, although Michigan was admitted to the Union in 1837 (many of her citizens had claimed statehood for more than a year prior to her formal admission), few opinions of the state supreme court written before 1843 have ever been published. Why a period of almost ten years should have elapsed before the first volume of state reports was issued in 1846 ( with the exception of two volumes of chancery reports), or why the early reporters seem, from a casual examination, to have neglected decisions of the court before 1843, or what happened …
Constitutional Law - Highways - Billboard Regulations-Application Of Easement Principles, Ruth I. Wilson
Constitutional Law - Highways - Billboard Regulations-Application Of Easement Principles, Ruth I. Wilson
Michigan Law Review
In Kelbro, Inc. v. Myrick, where the license and setback requirements of the Vermont outdoor advertising law were sustained together with provisions for summary removal of nonconforming advertisements, the Vermont Supreme Court declared that the commercial billboard companies have no common-law right to the privilege of visibility on which their business depends. Their exploitation of this privilege, it held, is a commercial use of the public thoroughfares which has been permitted only by sufferance and has always been subject to prohibition or regulation by the legislature.
Administrative Law - Extent To Which Hearsay Evidence May Constitute Basis For Award By Workmen's Compensation Commission, Mary Jane Morris
Administrative Law - Extent To Which Hearsay Evidence May Constitute Basis For Award By Workmen's Compensation Commission, Mary Jane Morris
Michigan Law Review
Claimant suffered a coronary occlusion and as a result was totally disabled, being unable to speak coherently or to understand what was said to him. The State Industrial Board found that the claimant's total disability was the result of accidental injuries which arose out of and in the course of his employment. An award was made. The claimant was incapable of giving testimony and no witness was produced who saw the accident. The referee who heard the claim admitted hearsay testimony to the effect that claimant complained of a heartburn to fellow employees after having lifted and emptied a boiler …
Constitutional Law - Due Process Limitations On Statutes Regulating Extrastate Contracts, Michigan Law Review
Constitutional Law - Due Process Limitations On Statutes Regulating Extrastate Contracts, Michigan Law Review
Michigan Law Review
Plaintiffs, reciprocal insurance associations which insure against fire and related risks, and whose attorneys-in-fact are located in Illinois, brought a declaratory judgment action in New York state courts for a determination of the applicability to them of the New York law requiring that such co-operative insurance associations obtain a license, or be prohibited from doing "any act which effects, aids or promotes the doing of an insurance business" in New York. As a condition of the license, submission to the New York regulations is required. The activities of the associations within the state of New York include investigation by engineers …
Constitutional Law-Right To Impose A License Tax Upon Dissemination Of Religious Literature - Jones V. Opelika Reversed, Michigan Law Review
Constitutional Law-Right To Impose A License Tax Upon Dissemination Of Religious Literature - Jones V. Opelika Reversed, Michigan Law Review
Michigan Law Review
Petitioners were members of the religious sect "Jehovah's Witnesses," who "sold" and/ or donated religious tracts and literature, and in connection therewith used phonographs and records, in their door to door activities to spread their religious beliefs. They failed to obtain a license for the privilege of canvassing and soliciting, as required of all persons by an ordinance of the city of Jeannette, Pennsylvania, and were convicted and fined for violation thereof. Petitions for leave to appeal to the Supreme Court of Pennsylvania were denied; the case came before the United States Supreme Court on petition for writ of certiorari. …
Future Interests - Taxation - Evidence - Presumption As To The Possibility Of A Woman Bearing Children, Hobart Taylor, Jr.
Future Interests - Taxation - Evidence - Presumption As To The Possibility Of A Woman Bearing Children, Hobart Taylor, Jr.
Michigan Law Review
Testatrix, a resident of Massachusetts, set up a trust of her residuary estate for her two daughters, the principal to be paid to their issue, but if either should die without issue, her share to be paid to certain named charities. On probate, the remainder to charity was held to be void. The income tax law of Massachusetts imposed a three per cent levy on income accumulated for contingent future interests, but exempted from taxation certain interests of nonresidents, including vested remainders not subject to being divested. The daughters, nonresidents, contended that their interests should not be taxed as contingent …
Parties - Lack Of Controversy Where Parties Represent Same Interests, Michigan Law Review
Parties - Lack Of Controversy Where Parties Represent Same Interests, Michigan Law Review
Michigan Law Review
The United States on July 19,1941, filed libels to forfeit Italian vessels for willful damage done to such vessels contrary to statute. On September 9, 1941, the United States Maritime Commission requisitioned the use of said vessels. The act authorizing such requisitioning provided for the determination of just compensation for the use of the ships or damage for injuries thereto during use by the government. Pursuant to proper authority the Alien Property Custodian on July 22, 1942, declared vested in himself all right, title and interest, if any, of the claimants in the vessels in the interest, and for the …
Administrative Law-Right Of Persons Aggrieved By Orders To Review By Appellate Courts, Hobart Taylor, Jr.
Administrative Law-Right Of Persons Aggrieved By Orders To Review By Appellate Courts, Hobart Taylor, Jr.
Michigan Law Review
The Milk Control Board issued an order providing in part that where milk or cream was sold in single service paper containers a nonrefundable container charge of one cent be added to the applicable wholesale or retail price. Petitioner, engaged solely in the manufacture of paper containers for the packaging of milk, sought review of the proceedings of the board upon which the order was based. A demurrer based on the ground that petitioner was not a "person aggrieved" was sustained by the superior court and petitioner appealed. Held, a person "interested" or "aggrieved" need not be within the …
Powers -Testamentary Power - Enforceability Of Contract To Exercise, Hobart Taylor, Jr.
Powers -Testamentary Power - Enforceability Of Contract To Exercise, Hobart Taylor, Jr.
Michigan Law Review
Charles Wetmore and Morgan Kent, beneficiaries of a trust under the will of their mother which was probated in 1913, entered into an agreement whereby Kent agreed, inter alia, to devise one ninth of the corpus of the estate to Kent's children living at the time of his death in consideration of a promise by Wetmore to exercise a testamentary power of appointment given by the will of the testatrix over one sixth of the corpus in favor of Kent, or if he be deceased at the time Wetmore's will became effective, in favor of such persons as Kent should …
Principal And Surety- Right Of Surety On Building Contract To Be Subrogated To Funds In Owner's Hands As Against Right Of Bank That Advanced Funds To Contractor, Mary Jane Morris
Principal And Surety- Right Of Surety On Building Contract To Be Subrogated To Funds In Owner's Hands As Against Right Of Bank That Advanced Funds To Contractor, Mary Jane Morris
Michigan Law Review
A contract for construction of a city sewerage system provided for progress payments on the fifteenth of each month of ninety per cent of the engineer's estimate of work done during the preceeding month, ten per cent being retained by the owner until final completion of the contract. The contract also required the contractor by the twentieth of the month to pay all labor costs and ninety per cent of the cost of materials delivered the month before. Because the necessary estimates had not been made, the June check was not paid to the contractor on the payment date. On …
Abstracts, Katherine Kempfer
Abstracts, Katherine Kempfer
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Taxation - Special Assessments - Due Process - Requirement Of Notice For Repair Of Existing Improvement, Hobart Taylor, Jr.
Taxation - Special Assessments - Due Process - Requirement Of Notice For Repair Of Existing Improvement, Hobart Taylor, Jr.
Michigan Law Review
Plaintiff brought this action against the Board of Commissioners of Wells County, Indiana, to quiet his title to 160 acres of land owned by him in the county and to enjoin enforcement of supplementary drainage assessments upon the property as permitted by Indiana law. Plaintiff contended that the statute creating drainage districts was violative of due process of law and unconstitutional in that it authorized supplementary assessments to be made by the Board of Commissioners without the same notice and hearing which was required before the original assessment could be made. On demurrer, the Wells Circuit Court held for plaintiff …
Current Periodical Index, Michigan Law Review
Current 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.
Contracts - Statute Of Frauds - Promise To Answer For Debt Of Another, Mary Jane Morris
Contracts - Statute Of Frauds - Promise To Answer For Debt Of Another, Mary Jane Morris
Michigan Law Review
The defendants owned stock in a corporation and controlled its affairs. The corporation purchased paper needed in its production of periodicals from the plaintiffs. The defendants prepared a budget showing that the corporation would incur a deficit over a six-month period in connection with the publication of a newly acquired magazine. They then informed the plaintiffs that they would place the corporation "in funds" to enable it to "finance the anticipated deficit" and requested the plaintiffs to extend credit not to exceed ninety days so as to allow the defendants more time to consider in what manner "to advance" the …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 41, Issue 6 of Michigan Law Review
The Bones Of Haddock V. Haddock, Harold Wright Holt
The Bones Of Haddock V. Haddock, Harold Wright Holt
Michigan Law Review
It would not be fitting to say in the language of the stage that Williams v. North Carolina has drawn the curtain on Haddock v. Haddock. Rather we will shift the metaphor to say that the recent case from North Carolina has largely stripped the flesh from the earlier decision. Yet the bones of Haddock v. Haddock remain unbleached and unpulverized. Just as persons with mechanical turn of mind may frame from blocks of wood puzzles of readjustment and resetting, so courts in states that do not favor free and easy termination of marriage may still find in the …
Foreign Exchange Restrictions And Public Policy In The Conflict Of Laws: Part Ii, Evsey S. Rashba
Foreign Exchange Restrictions And Public Policy In The Conflict Of Laws: Part Ii, Evsey S. Rashba
Michigan Law Review
Political Laws have been the subject of a much disputed doctrine. It has been stated by Dicey, and by other authoritative writers in various countries, that a court has no jurisdiction to entertain an action for the enforcement of a "political law" of a foreign state. The term "political law" is not limited to the field of public law. It is, of course, only exceptionally that rules governing the relations between a state and its citizens are given extraterritorial effect. The doctrine goes further. It holds that rules which are technically a part of private law, but which are designed …
The Law Books Of The Year, Hobart R. Coffey
The Law Books Of The Year, Hobart R. Coffey
Michigan Law Review
The war has had its effects on the law publishing business, with the result that the output has declined in both quantity and quality. Authors are doubtless turning their minds to other things, and publishers, quite understandably; may be reluctant to launch a new work. Whatever the reason may be, the law book crop for the academic year 1942-43 is rather meagre.
In Defense Of The Supreme Court's Picketing Doctrine, Louis L. Jaffe
In Defense Of The Supreme Court's Picketing Doctrine, Louis L. Jaffe
Michigan Law Review
Picketing, pursued by state prohibition, has now found sanctuary in the Constitution. The Fourteenth Amendment recognizes it as free speech. But not always, says the majority of the Court. There has been sharp fire from both the Right and the Left. The criticism runs much as it did against the Duke of York's generalship of his men. "When they were half-way up they were neither up nor down." In a recent article Mr. Teller argues that picketing is not an exercise of free speech and should never have been constitutionally guaranteed as such. It was the first mistake of the …
Husband And Wife-Antenuptial Contracts, B. Bernard Wolson
Husband And Wife-Antenuptial Contracts, B. Bernard Wolson
Michigan Law Review
Prior to the enactment of the statute of uses the wife's dower could not be bargained away. Thus dower constituted a clog upon alienation. Antenuptial contracts therefore were not recognized. However, with the passing of the statute of uses, jointures came into existence as means of barring dower and making alienation free. Jointures were of two kinds, viz., legal and equitable. As the law developed in England both types were recognized; but as the law developed in the United States, statutes were enacted specifically providing for jointures and antenuptial contracts. Our courts generally considered them as equitable in nature. These …
Coverage Of The Fair Labor Standards Act, Malcolm M. Davisson
Coverage Of The Fair Labor Standards Act, Malcolm M. Davisson
Michigan Law Review
The Fair Labor Standards Act was upheld by the Supreme Court as a valid exercise of the commerce power in United States v. Darby. By expressly overruling Hammer v. Dagenhart and limiting the application of Carter v. Carter Coal Co., the Court recognized that production is not to be divorced from commerce and extended greatly the range of Congressional control over substandard labor conditions through exercise of the commerce power. There remained, however, the determination of the coverage of the act, which is essentially a problem of statutory delineation in the application of the act to particular fact …
Labor Law-Objectives Test For Determining The Legality Of Labor Activities, Arthur B. Lathrop
Labor Law-Objectives Test For Determining The Legality Of Labor Activities, Arthur B. Lathrop
Michigan Law Review
It is the purpose of this paper to make a survey of the status of the objectives test as a method of determining the legality of labor activity before the Supreme Court rendered its momentous decisions in Thornhill v. Alabama, American Federation of Labor v. Swing, and the Meadowmoor case. Thereafter the state decisions will be examined to determine the effect of these recent Supreme Court cases on the objectives test.
Easements-Use Of Boundary-Line Driveways As Permissive Or Adverse
Easements-Use Of Boundary-Line Driveways As Permissive Or Adverse
Michigan Law Review
The essence of prescription as a means of acquiring ownership or an interest is long-continued use. If the claimant's task were simply the proof of the use and that it had been open, it would not be a difficult one. The chief difficulties are encountered in establishing that the use had the necessary quality of adverseness. The like requirement as to a possession that ripens into ownership under the statute of limitations has its problems, but they are, generally speaking, not so troublesome.
Bills And Notes -Acceleration Provision As Affecting Negotiability
Bills And Notes -Acceleration Provision As Affecting Negotiability
Michigan Law Review
In an action against the maker of a promissory note by an indorsee thereof, claiming to be a holder in due course, the question was the negotiability of the note. It contained a provision that "If the maker or anyone of the makers hereof shall fail to furnish additional security upon the demand of said company, said company is authorized to declare all indebtedness owed to it by the maker or makers hereof immediately due and payable without giving notice of said declaration." Held, the quoted language rendered the note nonnegotiable. American Finance Corp. v. Bourne, 190 Okla. …