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Full-Text Articles in Law

Saggi Giuridici. By Tullio Ascarelli., Arthur Lenhoff Apr 1953

Saggi Giuridici. By Tullio Ascarelli., Arthur Lenhoff

Buffalo Law Review

No abstract provided.


A Decade Of Administrative Law: 1942-1951, Bernard Schwartz Apr 1953

A Decade Of Administrative Law: 1942-1951, Bernard Schwartz

Michigan Law Review

The past ten years have been particularly momentous ones in the development of American administrative law. It is, indeed, not too much to say that there are few, if any, aspects of that field which have not witnessed important changes during that time. It is for this reason that an analysis of administrative law developments during the past decade should prove useful. However valuable an annual survey of the law may be, it suffers from the shortness of the period which it covers. An analysis of developments during a decade enables a broader perspective to be obtained.

It will be …


Comparative Negligence, William L. Prosser Feb 1953

Comparative Negligence, William L. Prosser

Michigan Law Review

It is the purpose of this article to inquire, so far as possible, into the actual operation of the damage apportionment statutes, and to offer some conclusions as to the most desirable form of act for any legislature about to set forth upon these relatively uncharted seas.


Codification Of Law In Europe And The Codification Movement In The Middle Of The Nineteenth Century In The United States, Wencelas J. Wagner Jan 1953

Codification Of Law In Europe And The Codification Movement In The Middle Of The Nineteenth Century In The United States, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.


The Cy Pres Doctrine And Changing Philosophies, Edith L. Fisch Jan 1953

The Cy Pres Doctrine And Changing Philosophies, Edith L. Fisch

Michigan Law Review

The cy pres doctrine arose so far back in antiquity that its origins are obscure. Apparently it was known and used in Roman law, for an application of the cy pres doctrine is reported in the Digest of Justinian. In the early part of the third century a city received a legacy bequeathed for the purpose of commemorating the memory of the donor by using the income of the legacy to hold yearly games. As such games were illegal at that time a problem arose concerning the disposition of the legacy. Modestinus, a well known jurist, found the solution.


The New Constitution Of Poland, Wencelas J. Wagner Jan 1953

The New Constitution Of Poland, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.


Restraints On Alienation Of Legal Interests In Michigan Property: Ii, William F. Fratcher Apr 1952

Restraints On Alienation Of Legal Interests In Michigan Property: Ii, William F. Fratcher

Michigan Law Review

"Estate for life" is a generic term embracing interests in land of several types. The duration of such an estate may be measured by the life of the tenant himself, by the life of some other person, by the joint lives of a group of persons (i.e., the life of the member of the group who first dies), or by the life of the survivor of a group of persons. In the last two cases the tenant himself may or may not be a member of the group. When the duration of the estate is measured by the life of …


Lenin, Stuchka, Reisner, Pashukanis, Stalin, Vyshinsky, Yudin, Golunskii, Strogovich, And Trainin: Soviet Legal Philosophy, S. I. Shuman Apr 1952

Lenin, Stuchka, Reisner, Pashukanis, Stalin, Vyshinsky, Yudin, Golunskii, Strogovich, And Trainin: Soviet Legal Philosophy, S. I. Shuman

Michigan Law Review

A Review of SOVIET LEGAL PHILOSOPHY. By V. I. Lenin, P. I. Stuchka, M. A. Reisner, E. B. Pashukanis, J. V. Stalin, A.Y. Vyshinsky, P. Yudin, S. A. Golunskii, M. S. Strogovich, and I. P. Trainin. Translated by H. H. Babb. Introduction by J. N. Hazard.


Restraints On Alienation Of Legal Interests In Michigan Property: I, William F. Fratcher Mar 1952

Restraints On Alienation Of Legal Interests In Michigan Property: I, William F. Fratcher

Michigan Law Review

During the century and a half which followed the Norman Conquest, the owner of land who attempted to transfer it might meet with opposition from three interested parties, his feudal overlord, his heir apparent and his tenant. His feudal overlord might object to a transfer by way of substitution, that is, one under the terms of which the transferor did not retain a reversion; because the proposed transferee was not a suitable person to perform the feudal services due for the land. As these services were frequently of a personal or military nature such an objection was not necessarily captious. …


Fifth Series Of Thomas M. Cooley Lectures, Michigan Law Review Mar 1952

Fifth Series Of Thomas M. Cooley Lectures, Michigan Law Review

Michigan Law Review

The fifth series of Thomas M. Cooley Lectures will be given on April 15, 16, and 17 at 4:15 p.m. in Room 120, Hutchins Hall, University of Michigan Law School. The lecturer will be Professor Hessel E. Yntema of the University of Michigan Law School faculty. He will speak on the general subject, "Perspectives in Conflicts Law."


Real Property-Notice-Recitals In Unrecorded Deeds In Chain Of Title, James S. Taylor Mar 1952

Real Property-Notice-Recitals In Unrecorded Deeds In Chain Of Title, James S. Taylor

Michigan Law Review

The plaintiff, Eiring, owner of all rights in a tract of land, attempted to convey certain mineral rights to Earnest by deed. The alleged rights passed from Earnest by subsequent mesne conveyances to McMillan, and, on the death of McMillan, to the defendant as trustee. Eiring brought an action against the defendant in statutory trespass to try title to the land. In the deed from Eiring to Earnest blank spaces were left in the granting clause. Held, the blank spaces rendered the deed void, and the deficiency was not cured by reference to another indefinite deed. After holding this, …


Some Aspects Of Tokugawa Law, Dan F. Henderson Feb 1952

Some Aspects Of Tokugawa Law, Dan F. Henderson

Washington Law Review

The fall of China to communist forces has brought many otherwise complacent people to the realization that the enemies of democracy are outnumbering its friends in Asia. This is not a new phenomenon. Facts and frankness require us to recognize that neither in the past nor present has Western democracy demonstrated the capacity to take root and grow in Asia. But the fact that the present trend is not only undemocratic but actively directed against our nation has kindled a new desire to understand the reasons for the difficulties of democracy in the Far East.


Lectures On Atomic Energy Industrial And Legal Problems, University Of Michigan Law School Jan 1952

Lectures On Atomic Energy Industrial And Legal Problems, University Of Michigan Law School

Summer Institute on International and Comparative Law

Since 1948 the University of Michigan Law School has, as a part of its program of public service, sponsored a series of Summer Institutes, intended to provide a medium for high-level discussions of important problems in areas of public concern. The Institutes held in previous years are as follows:

  • The First Summer Institute, July 15-23, 1948, "Current Problems in International Law"
  • The Second Summer Institute, August 5-21, 1949, "Legal Problems of World Trade"
  • The Third Summer Institute, June 26-July 1, 1950, "The Law and Labor-Management Relations"
  • The Fourth Summer Institute, June 25-28, 1951, "Taxation of Business Enterprise"

The Fifth Summer …


Lectures On Taxation Of Business Enterprise, University Of Michigan Law School Jan 1952

Lectures On Taxation Of Business Enterprise, University Of Michigan Law School

Summer Institute on International and Comparative Law

The problems relating to the taxation of business enterprise cover a wide area. Economic considerations and policy problems, always present and always important, assume added significance in a crisis period marked by high budgets and the need for increased revenues. The interpretation and application of the tax laws, notably the federal income tax statutes, create problems as numerous as they are difficult and complex. Here is an area of interest that challenges the attention and interest of legislators, economists, lawyers, accountants, corporate executives and public administrators.

In its choice of the general theme for the 1951 Summer Institute and in …


The Laws Of Jamaica, 1952, Jamaica Jan 1952

The Laws Of Jamaica, 1952, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1952

Published by authority


The Laws Of Jamaica, 1951, Jamaica Jan 1952

The Laws Of Jamaica, 1951, Jamaica

Jamaica

The Laws of Jamaica were passed in the year 1951

Published by authority


America's Legal Inventions Adopted In Other Countries, Arthur Lenhoff Dec 1951

America's Legal Inventions Adopted In Other Countries, Arthur Lenhoff

Buffalo Law Review

No abstract provided.


Soviet Socialism And Embezzlement, John N. Hazard Nov 1951

Soviet Socialism And Embezzlement, John N. Hazard

Washington Law Review

Socialism has been heralded as the cure for crime. To the Marxist the claim seems reasonable. He believes that crime springs from poverty coupled with despair. Reorganization of the economic and socal structure of society under socialism is promised as the route to hope and wealth. In consequence, socialism should create conditions under which the citizen will have no need to steal and no desire to kill. To examine the effect of the thesis upon the writings of Soviet authors and the policy of the Soviet leaders this paper will review what has happened to the crime of embezzlement over …


Soviet Civil Law: A Review, Roscoe Pound Nov 1951

Soviet Civil Law: A Review, Roscoe Pound

Michigan Law Review

Here is an excellent and much needed book. Although the enthusiastic wishful thinking about things Russian, fashionable not so long ago, has for the most part abated, the rise of a new social and economic order on a great scale must call for careful study by lawyers and law-makers no less than by historians and economists and students of politics. Now that a generation has been at work constructively since the destructive era of militant communism after the revolution, we need accurate and objectively presented and interpreted information as to how the administration of justice goes on under "the dictatorship …


Revision Of The Japanese Mining Law Under The Occupation, Albert H. Solomon Aug 1951

Revision Of The Japanese Mining Law Under The Occupation, Albert H. Solomon

Washington Law Review

In line with the policy of the Supreme Commander for the Allied Powers to democratize the mining industry of Japan, a study of existing mining law was undertaken in 1946 by a National Mining Law Revision Committee appointed by the Minister of Commerce and Industry (now Minister of International Trade and Industry). After four years of investigation, drafting, and redrafting of a revised Mining Bill, with technical assistance from a visiting mineral law expert from the United States and from lawyers and agricultural and forest economists employed in the Japanese government and in the Headquarters of SCAP, as well as …


Book Reviews, George H. Pickar, Edward L. Barrett Jr., Rudolph Heitz, Charles E. Corker, Warren M. Ballard, W. F. Zacharias, Stefan A. Riesenfeld, Julius Cohen, Charles A. Reynard, Robert Kingsley, Jacob D. Hyman, James Lake, Arthur W. Stokes, Francis A. Allen, Paul A. Freund, Richard W. Jennings, Joseph E. Goodbar, Kenneth Redden, James A. Rahl, Charles L. B. Lowndes Jun 1951

Book Reviews, George H. Pickar, Edward L. Barrett Jr., Rudolph Heitz, Charles E. Corker, Warren M. Ballard, W. F. Zacharias, Stefan A. Riesenfeld, Julius Cohen, Charles A. Reynard, Robert Kingsley, Jacob D. Hyman, James Lake, Arthur W. Stokes, Francis A. Allen, Paul A. Freund, Richard W. Jennings, Joseph E. Goodbar, Kenneth Redden, James A. Rahl, Charles L. B. Lowndes

Journal of Legal Education

No abstract provided.


Insolvent Decedents' Estates, Kurt H. Nadelmann Jun 1951

Insolvent Decedents' Estates, Kurt H. Nadelmann

Michigan Law Review

The problems of insolvent decedents' estates have created special difficulties in all legal systems. Two unrelated fields of the law are involved: decedents' estates and insolvency. Treatment of the topic in works on one or the other field is often scanty and few studies exist which deal exclusively with insolvent decedents' estates law. Research in the conflicts problems of the field has led the writer to investigate the differences in the treatment of insolvent decedents' estates in this country, other common law countries, and countries of the civil law. Results of this study are used to discuss problems of the …


Dawson: Unjust Enrichment: A Comparative Analysis, Edgar N. Durfee Jun 1951

Dawson: Unjust Enrichment: A Comparative Analysis, Edgar N. Durfee

Michigan Law Review

A Review of UNJUST ENRICHMENT: A COMPARATIVE ANALYSIS. By John P. Dawson.


Justice In Russia. By Harold J. Berman., Richard Arens Apr 1951

Justice In Russia. By Harold J. Berman., Richard Arens

Buffalo Law Review

No abstract provided.


Internationales Zivilprozessrecht. By Erwin Riezler., Arthur Lenhoff Apr 1951

Internationales Zivilprozessrecht. By Erwin Riezler., Arthur Lenhoff

Buffalo Law Review

No abstract provided.


Book Reviews, W. Barton Leach, Joe Tussman, Charles O. Gregory, Charles Fahy, John C. O'Byrne Jr., Joseph Curtis, Charles Fairman, Ralph R. Neuhoff, Joseph Hawley Murphy, Charles L. Black Jr., Roscoe L. Barrow, John Hanna Mar 1951

Book Reviews, W. Barton Leach, Joe Tussman, Charles O. Gregory, Charles Fahy, John C. O'Byrne Jr., Joseph Curtis, Charles Fairman, Ralph R. Neuhoff, Joseph Hawley Murphy, Charles L. Black Jr., Roscoe L. Barrow, John Hanna

Journal of Legal Education

No abstract provided.


Teaching Methods For Comparative Law, Joseph Dainow Mar 1951

Teaching Methods For Comparative Law, Joseph Dainow

Journal of Legal Education

No abstract provided.


Why Comparative Law?, A. E. Papale Mar 1951

Why Comparative Law?, A. E. Papale

Journal of Legal Education

No abstract provided.


Comparative Law In Action, Clarence J. Morrow Mar 1951

Comparative Law In Action, Clarence J. Morrow

Journal of Legal Education

No abstract provided.


The Legal Nature Of Soviet Collective Farms, George C. Guins Feb 1951

The Legal Nature Of Soviet Collective Farms, George C. Guins

Washington Law Review

Soviet legislation concerning collective farms (kolkhozes) reveals in an exceptionally clear manner all the peculiarities of the centralized economy. As a legal entity a kolkhoz owns its "socialist property," but this does not include the most valuable element of agricultural economy, that is, the land. Members of collective farms work on land which belongs to the state. Even the house and garden plots which are placed at the disposal of individual farmers and their families do not belong to them. Actually, only the surplus production belongs to the kolkhozes and they may dispose of it as they see fit, selling …