Law Commons^™

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bills and Notes--Fictitious or Non-Existing Payee--Knowledge of Maker--English and American Views; Bills and Notes--Holder in Due Course; Carriers--Exemption from Liability for Negligence Under Special Contract; Colleges--Entrance Discriminations--Mandamus Not Remedy for Refusing Admission; Constitutional law--Aliens--Keeping for Immoral Purposes; Constitutional Law--Class Legislation--Licensing Itinerant Vendors; Constitutional Law--Legislative Power--Intoxicating Liquors--License System; Constitutional Law--Police Power--Intoxicating Liquors; Constitutional Law--Police Power--Ordinance Absolutely Prohibiting Billboards; Corporations--Ultra Vires--Organizing Another Corporation--Dissenting Stockholder; Deeds--Cancellation for Fraud--False Representations as to Intention; Deeds--Description--Parol Evidence to Explain Ambiguity; Deeds--Effect of Statute Abolishing the Use of Private Seals; Divorce--Adultery--Consent of Plaintiff; Elections--Qualification of Voters--Payment of Taxes--Payment by Unauthorized Person; Evidence--Privileged Communications--Professional Nurse and Patient; Health--Offering …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Jurisdiction--Appointment of Referee; Carriers--Liability for Baggage--Proximate Cause; Constitutional Law--Impairing Obligation of Contract; Constitutional Law--Police Power--Regulation of Liquor Traffic; Contract of Sale--Written Contract--Alteration by Parol; Corporations--Existence Apart from Stockholders--Corporation Composed of Negroes Not a "Colored" Person; Corporations--Transfer of Shares--Bona Fide Purchasers--Estoppel; Damages--Measure for Wrongful Levy and Detention; Deeds--Distinguished from Wills--Power of Disposition Reserved; Deeds--Reservation of Right of Action for Damages--Liability of Subsequent Vendee; Descent and Distribution--Murderer's Right to Take His Statutory Share of His Victim's Estate; Divorce--Abandonment--Insanity of Deserting Spouse; Easements--Construction--Automobiles as Carriages; Elections--Irregularities in Ballots; Evidence--Admissions of a Trustee Against the Cestui Que Trust; Evidence--Judicial Notice of Foreign Law; Homestead--Mortgage …

Japanese School Incident At San Francisco From The Point Of View Of International And Constitutional Law, Theodore P. Ion.

Michigan Law Review

The act of the Board of Education of San Francisco in assigning to Japanese pupils separate school buildings, has been the occasion of a diplomatic incident which, although insignificant in itself, may lead to far reaching consequences both in regard to the internal affairs and the external relations of the country. It is neither the first, nor will it probably be the last sign, of the struggle for equality of the yellow with the white man, which may subsequently be emphasized in a more tangible, if not abrupt manner, resulting in a clash between the two races: the one, trying …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney and Client--Unnecessary Services--Compensation; Bankruptcy--Title to Bankrupt's Property; Banks and Banking--Checks--Appropriation of Deposit--Garnishment; Chattel Mortgages--Retention of Possession and Power of Sale by Mortgagor--Fraud; Civil Rights--Power of Congress to Protect Against Individual Interference; Common Carriers--Limitation of Liability--Agreed Valuation; Constitutional Law--Delegation of Legislative Power--Regulations of Executive Departments; Constitutional Law--Regulation of Child Labor; Contracts--Mutuality--Consideration; Contracts--Restraint of Trade; Corporations--Misuse of Funds--Right of Stockholder to Sue; Corporations--Preferred Stock--Priorities--Cumulative Dividends; Covenants--Knowledge by the Grantee of Incumbrance; Criminal Law--conviction of Lesser Offense as Acquittal of Graver Offense--Former Jeopardy--Remanding Cause for Sentence; Damages--Mental Anguish--Undelivered Telegram; Deeds--Exceptions--Reservations--Abandonment of Right of Way--Reversion--Effect; Eminent Domain--Cemeteries; Evidence--Privileged Communications--Attorney and Client; Evidence--Res Gestae--Spontaneous …

The Japanese School Question And The Treaty-Making Power, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Banks, National--Stockholders' Liability--Statute of Limitations; Bills and Notes--Indorsements Procured by Fraud; Carriers--Drover's pass--Release from Liability; Carriers--Unreasonable Freight Rates--Interstate Commerce Act--Common Law Remedy; Chattel Mortgages--Failure to Record--Mortgagor in Possession--Estoppel; Connecting Carriers--Loss of Goods--Liability; Constitutional Law--Civil Rights--Discrimination in Licenses; Constitutional Law--Eight Hour Law--Police Power--Health Regulations; Corporations--Duplicate Stock Certificate--Indemnity; Corporations--Subscription to Stock--Liability of Subscriber; Equity--Specific Performance--Contract to Make Will; Evidence--Physicians of conflicting Schools--Competency as Witnesses; Evidence--Radiograph--X-ray; Garnishment--One Railroad as Debtor of Another; Husband and Wife--Application of Doctrine of Tenancy by Entireties to Personality; Husband and Wife--Indebtedness to Wife--Notes--Presumption of Payment; Judgment--Default--appearance; Libel--Publishing of a White Man that He is "Colored"; Master and Servant--Concurrent …

A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley, Victor H. Lane

Books

“At the request of the late Judge Cooley I have undertaken the preparation of this edition of the Constitutional Limitations. It seemed desirable, in view of all the circumstances, that the text of the last edition should stand as the text for this, and the work of the present editor has been confined to the bringing of the book down to date, by the addition of such matter to the notes as will fairly present the development of this branch of the law since the publication of the last edition.” --Preface to the Seventh Edition, Victor H. Lane, Ann Arbor, …

Consult Primary Authorities--Step Three In The Research Process--Case Law

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

The student would also use case law to learn about Florida’s treatment of abortion laws. To read Eggart v. State, using the citation provided by Florida Law and Practice, the student would have gone to volume 25 of the Southern Reporter and opened it to page 527. From the case, they would learn the history of Florida’s antiabortion statute and how it could be used to convict, of manslaughter, anyone who set out to cause a woman to miscarry. The first page of the Eggart case is to the left; the entire case can be found by scrolling …

Florida Reports

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

Some states have official and unofficial case reporter systems. Florida Reports was the official case reporter series that reported the decisions of the Florida Supreme Court from 1846 through 1948 in 160 volumes. When an official reporter exists court rules often require citation to both the official and unofficial reporter.

The Southern Reporter

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

Some states have official and unofficial case reporter systems. When an official reporter exists court rules often require citation to both the official and unofficial reporter. The Southern Reporter is the unofficial, regional, reporter series that reports the decisions of the Supreme Courts in Alabama, Louisiana, Florida, and Mississippi.

Eggart V. State, 40 Fla. 527 (1898)

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

This 1898 case addressed the crime of unlawfully administering drugs and other noxious things with the intent to procure a miscarriage.

Ho Ah Kow V. Matthew Nuan, Thomas M. Cooley

Articles

"An ordinance of San Francisco, that every male person imprisoned in the county jail, under any judgment of the any court having jurisdiction in criminal cases in the city and county, should immediately upon his arrival at the jail, have the hair of his head 'cut or clipped to an uniform length of one inch from the scalp thereof,' and made it the duty of the sheriff to have this provision enforced, is invalid, being in excess of the authority of the municipal body....

The ordinance being directed against the Chinese only, imposing on them a degrading and cruel punishment, …

A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley

Books

In the Preface to the first edition of this work. the author stated its purpose to be, to furnish to the practitioner and the student of the law such a presentation of elementary constitutional principles as should serve, with the aid of its references to judicial decisions, legal treatises, and historical events, as a convenient guide in the examination of questions respecting the constitutional limitations which rest upon the power of the several State legislatures. …

Preface to the 4th Edition: "New topics in State Constitutional Law are not numerous; but such as are suggested by recent decisions have been …

The Constitution Of The State Of Missouri, 1875.

Missouri Constitutional Sections Related to Race and Education

No abstract provided.

A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley

Books

In the Preface to the first edition of this work. the author stated its purpose to be, to furnish to the practitioner and the student of the law such a presentation of elementary constitutional principles as should serve, with the aid of its references to judicial decisions, legal treatises, and historical events, as a convenient guide in the examination of questions respecting the constitutional limitations which rest upon the power of the several State ·legislatures. In the accomplishment of that purpose, the author further stated that he had faithfully endeavored to give the law as it had been settled by …

A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley

Books

“In these pages the author has faithfully endeavored to state the law as it has been settled by the authorities, rather than to present his own views. At the same time he will not attempt to deny -- what will probably be sufficiently apparent -- that he has written in full sympathy with all those restraints which the caution of the fathers has imposed upon the exercise of the powers of government, and with greater faith in the checks and balances of our republican system, and in correct conclusions by the general public sentiment, than in a judicious, prudent, and …

Constitution Of The State Of Missouri: As Revised, Amended And Adopted In Convention, Begun And Held At The City Of St. Louis, On The Sixth Day Of January, One Thousand Eight Hundred And Sixty-Five. Together With The Ordinances Of Said Convention. 1865.

Missouri Constitutional Sections Related to Race and Education

No abstract provided.

Constitution Of The State Of Missouri, Made In Convention, At The City Of Jefferson, A.D. 1845.

Missouri Constitutional Sections Related to Race and Education

No abstract provided.

An Essay On The Moral And Political Effect Of The Relation Between The Caucasian Master And The African Slave (Part Ii), N. Beverley Tucker

Faculty Publications

No abstract provided.

An Essay On The Moral And Political Effect Of The Relation Between The Caucasian Master And The African Slave, N. Beverley Tucker

Faculty Publications

No abstract provided.

Slavery: Review Of Slavery In The United States And The South Vindicated From The Treason And Fanaticism Of The Northern Abolitionists, N. Beverley Tucker

Faculty Publications

No abstract provided.

Trial Of John R. Buzzell, Lemuel Shaw Ll.D.

The Trial of Buzzell

Trial of John R. Buzzell, The Leader of the Convent Rioters, for Arson and Burglary.

Committed on the Night of the 11^th of August, 1834. By the Destruction of the Convent on Mount Benedict, in Charlestown, Massachusetts. Containing the Arguments of Counsel, Judges Charge, &c.

On the night August 11^th, 1834 John R. Buzzell and eleven others were alleged to have broken into and ransacked the Ursuline Convent in Charlestown, Massachusetts. Afterwards the mob set fire to the Convent, which subsequently left the Convent building a hollow shell of its former self. In early December of that …

An Appeal In Favor Of That Class Of Americans Called Africans, Lydia Maria Child, Paul Royster (Editor)

Electronic Texts in American Studies

The roots of white supremacy lie in the institution of negro slavery. From the 15th through the 19th century, white Europeans trafficked in abducted and enslaved Africans and justified the practice with excuses that seemed somehow to reconcile the injustice with their professed Christianity. The United States was neither the first nor the last nation to abolish slavery, but its proclaimed principles of freedom and equality were made ironic by the nation’s reluctance to extend recognition to all Americans.

“Americans” is what Mrs. Child calls those fellow countrymen of African ancestry; citizenship and equality are what she proposed beyond simple …

An Oration On The Abolition Of The Slave Trade; Delivered In The African Church In The City Of New-York, January 1, 1808, Peter Williams Jr

Zea E-Books in American Studies

The United States Constitution, Article 1, Section 9, prohibited Congress from banning the importation of slaves until the year 1808. A bill to do this was first introduced in Congress by Senator Stephen Roe Bradley of Vermont in December 1805, and its passage was recommended by President Jefferson in his annual message to Congress in December 1806. In March 1807, Congress passed the legislation, and President Thomas Jefferson signed it into law on March 3, 1807. Subsequently, on March 25, 1807, the British Parliament also passed an act banning the slave trade aboard British ships. The effective date of the …

Little Red Reasonable Woman And The Big Bad Bully: Expansion Of Title Vii And The Larger Problem Of Workplace Abuse, Jacquelynne M. Jordan

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.