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Articles 34771 - 34800 of 34988

Full-Text Articles in Law

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 …

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Recurso De Inconstitucionalidad, Angel C. Betancourt Jan 1915

Recurso De Inconstitucionalidad, Angel C. Betancourt

Cuban Law

Esta obra contiene la Ley de 31 de marzo de 1903 y anotaciones a la misma, seguidas de una exposición, por orden alfabético, de las doctrinas declaradas por el Tribunal Supremo en pleno, hasta el año de 1912 inclusive, al decidir los recursos autorizados por dicha ley, -- redactadas unas y otras --

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The Commodity Clause Of The Hepburn Act, Edwin C. Goddard Jan 1915

The Commodity Clause Of The Hepburn Act, Edwin C. Goddard

Articles

The Supreme Court of the United States has added another to the interesting line of cases construing the so-called "Commodity Clause" of the HEPBURN ACT of 1906. In United States v. Delaware, Lackawanna & Western Railroad Co. and the Delaware, Lackawanna & Western Coal Co., decided on June 21, 1915, 35 Sup. Ct. 873, the court reversed the decree of the District Court as reported in 213 Fed. 240, and found the relation and contract between the Railroad Company and the Coal Company to be in violation of the HEPBURN ACT and the SHERMAN ACT.

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Recent Important Decisions Jan 1915

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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Recent Important Decisions Dec 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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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."

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Recent Important Decisions Nov 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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Note And Comment, Harry W. Lippincott, John S. Kelley Jr, George E. Kennedy, Louis R. Lackey Jun 1914

Note And Comment, Harry W. Lippincott, John S. Kelley Jr, George E. Kennedy, Louis R. Lackey

Michigan Law Review

Mutuality in Automobile Agency Contracts - Within the past few years several courts have had to pass upon and construe argreements between the manufacturers and the selling-agents of automoobiles, which have necessitated a thorough discussion of the principles of mutuality of obligation of contracts. The attempt to reach a correct solution has developed a vigorous difference of opinion on the subject in some recent cases which it may be of interest to discuss and compare.

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Note And Comment, George E. Kennedy, Paul B. Barringer Jr, John S. Kelley Jr May 1914

Note And Comment, George E. Kennedy, Paul B. Barringer Jr, John S. Kelley Jr

Michigan Law Review

The Constitutionality of the Webb-Kenyon Act - In the constitutional history of the commerce clause, by virtue of which absolute control of interstate commerce was given to the Federal Government, there is no question which has caused so much difficulty and has resulted in so many unsatisfactory and contradictory. statements of the law as that problem arising through the attempts of many States effectively to enforce prohibition laws. The power over interstate commerce, delegated to the Federal Government, and the police power, reserved to the States, have not seriously conflicted except in this one instance. But the delegation of power …

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Marbury V Madison And The Doctrine Of Judical Review, Edward S. Corwin May 1914

Marbury V Madison And The Doctrine Of Judical Review, Edward S. Corwin

Michigan Law Review

What is the exact legal basis of the power of the Supreme Court to pass upon the constitutionality of acts of Congress? Recent literature on the subject reveals a considerable variety of opinion. There are radicals who hold that the power owes its existence to an act of sheer usurpation by the Supreme Court itself, in the decision of Marbury v. Madison. There are conservatives who point to clauses of the Constitution which, they assure us, specifically confer the power. There are legists who refuse to go back of Marbury v. Madison, content in the ratification which, they assert, subsequent …

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Constitutional Background Of The Recent Japanese Anti-Alien Land Bill Controversy, Harriette M. Dilla May 1914

Constitutional Background Of The Recent Japanese Anti-Alien Land Bill Controversy, Harriette M. Dilla

Michigan Law Review

The recent contention between the Federal Government and the state of California over the anti-alien land measure raised anew the question as to the conflict of state action with treaty stipulations. It is a problem which, under our constitutional system, may arise at any time and demand an individual solution in every instance. The dilemma which has presented itself repeatedly in American history is this: the states have the reserved right to provide for their public welfare and may exercise their police powers even against a foreign country, while to the Federal Government has been delegated the exclusive jurisdiction over …

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Recent Important Decisions Apr 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

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Note And Comment, George E. Kennedy, John S. Kelley, Donald F. Melhorn, Grover C. Grismore Mar 1914

Note And Comment, George E. Kennedy, John S. Kelley, Donald F. Melhorn, Grover C. Grismore

Michigan Law Review

The Right of the Patentee to Control the Resale Price - Of the recent decisions of the Supreme Court of the United States, Bauer and Cie. v. O'Donnell, the so-called Price Maintenance Case, was of vital importance to a large number of manufacturers of patented articles. That this decision had a great effect upon such manufacturers is evidenced by the various ingenious methods ahd devices which have since been adopted by numerous manufacturers to avoid the operation and application of the principles set forth in the decision of that case.

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Basic Doctrine Of American Constitutional Law, Edward Corwin Feb 1914

Basic Doctrine Of American Constitutional Law, Edward Corwin

Michigan Law Review

The two leading doctrines of American Constitutional Law before the Civil War, affecting state legislative power, were the Doctrine of Vested Rights and the Doctrine of the Police Power. The two doctrines are in a way complementary concepts, inasmuch as they represent the reaction upon each other of the earlier conflicting theories of natural rights and legislative sovereignty. But the older doctrine is the, doctrine of vested rights, which may be said to have flourished before the rise of the Jacksonian Democracy. Furthermore, if Constitutional Law be regarded from the point of view of its main purpose, namely, that of …

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The Grand Jury And Self-Incrimination, William H. Townsend Jan 1914

The Grand Jury And Self-Incrimination, William H. Townsend

Kentucky Law Journal

No abstract provided.

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The Preamble Of The Constitution Of The United States, Kentucky Law Journal Jan 1914

The Preamble Of The Constitution Of The United States, Kentucky Law Journal

Kentucky Law Journal

No abstract provided.

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Fallacies Of The Recall Of Judicial Decisions, T. B. Kelley Jan 1914

Fallacies Of The Recall Of Judicial Decisions, T. B. Kelley

Kentucky Law Journal

No abstract provided.

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May An Atheist Testify Under The Constitution Of Kentucky?, Basil Duke Sartin Jan 1914

May An Atheist Testify Under The Constitution Of Kentucky?, Basil Duke Sartin

Kentucky Law Journal

No abstract provided.

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May An Atheist Testify By Virtue Of Sections 605-606 Of The Civil Code Of Practice Of Kentucky?, Basil Duke Sartin Jan 1914

May An Atheist Testify By Virtue Of Sections 605-606 Of The Civil Code Of Practice Of Kentucky?, Basil Duke Sartin

Kentucky Law Journal

No abstract provided.

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Note And Comment, Albert V. Baumann Jr, Stannley E. Gifford, Donald F. Melhorn, Ralph W. Aigler Jan 1914

Note And Comment, Albert V. Baumann Jr, Stannley E. Gifford, Donald F. Melhorn, Ralph W. Aigler

Michigan Law Review

Interstate Commerce and State Control Over Foreign Corporations - Since Bank of Augusta v. Earle, 13 Pet. 519, there seems to have been no real occasion to doubt the power of a state totally to exclude foreign corporations seeking to engage in intrastate business only. The power to exclude being absolute, there has been no question as to the right of the state to allow the entrance of the foreign corporation for such business upon terms, and the terms may be of any sort, reasonable or unreasonable, except that the corporation seeking to enter cannot as a condition precedent to …

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Recent Important Decisions Apr 1913

Recent Important Decisions

Michigan Law Review

Bankruptcy - Jurisdiction Depending on Principal Place of Business, Residence or Domicile - B, a domiciled resident of New York, employed by an express company in New York City in the capacity of a rate clerk, moved to New Jersey in igo8 for the purpose of acquiring a residence which would give the courts of that state jurisdiction of a contemplated divorce proceeding against his wife. He retained his position with the express company in New York, and in 1911 he secured a divorce in New York, the sole ground of jurisdiction of the New York court being that the …

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Recent Important Decisions Mar 1913

Recent Important Decisions

Michigan Law Review

Bankruptcy - Judgment for Breach of Promis, Aggravated by Seduction, Not Dischargeable - Petitioner 'had secured a judgment against the bankrupt for the breach of a promise to marry, seduction under such promise having been pleaded in aggravation of damages; the common law rule prevails in New York and a woman may not maintain an action for her own seduction. The District Court (196 Fed. 571), viewing this as a judgment grounded solely in contract, and not in tort as "for -will-ful and malicious injury to the person or property of another," or for "seduction of an unmarried female," held …

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Amending State Constitutions, J B. Whitfield Feb 1913

Amending State Constitutions, J B. Whitfield

Michigan Law Review

In the dual system of Federal and State government as it exists in the United States of America, the constitution is the solemnly formulated chart by which the people of a State in their sovereign capacity prescribe the limits within which the natural rights of persons may be regulated by law for the public welfare, and define and limit the authority, powers and duties of those who are charged with the administration of the government of the State. The existing constitution of a State is the last and paramount word of authority and control from the sovereign people; and its …

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Note And Comment, George S. Burgess, Samuel H. Morris, William T. Hoffman Feb 1913

Note And Comment, George S. Burgess, Samuel H. Morris, William T. Hoffman

Michigan Law Review

Ten-Hour Labor Laws - The United States Supreme Court will soon have another opportunity to pass on the questions involved in that thorn. in the flesh of social reformers-the Bakeshop Case-if, as is probable, a case recently decided by the Mississippi Supreme Court is carried higher. Last year Mississippi enacted a sweeping ten-hour law making it unlawful for persons, firms or corporations engaged, in manufacturing or repairing "to work their employees more than ten hours per day except in cases of emergency or -where public necessity requires." Defendant, engaged in the manufacture of lumber and in the repair of its …

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Recent Important Decisions Feb 1913

Recent Important Decisions

Michigan Law Review

Bankruptcy - Jurisdiction of the District Court Exclusive Within Its District - A trustee in bankruptcy appointed, by the District 'Court for the District of Illinois filed a petition in the District Court for the Western District of Michigan for a summary order to require the respondent to surrender to the trustee certain moneys claimed as the property of the bankrupt. The respondent was a resident of the Eastern District of Michigan, and denied the jurisdiction of the court to issue an order to be enforced in another district. Held that the jurisdiction of the District Courts, in all bankruptcy …

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The Constitution Of The State And Its Effects Upon Public Interests, Theodore L. Stiles Jan 1913

The Constitution Of The State And Its Effects Upon Public Interests, Theodore L. Stiles

Selected Articles on Washington State Constitution History

No abstract provided.

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The Origin Of The Constitution Of The State Of Washington, Lebbeus J. Knapp Jan 1913

The Origin Of The Constitution Of The State Of Washington, Lebbeus J. Knapp

Selected Articles on Washington State Constitution History

No abstract provided.

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Sterilization Of Criminals, J. B. Bussey Jan 1913

Sterilization Of Criminals, J. B. Bussey

Kentucky Law Journal

No abstract provided.

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A Historic Judicial Controversy And Some Reflections Suggested By It., S. S. Gregory Jan 1913

A Historic Judicial Controversy And Some Reflections Suggested By It., S. S. Gregory

Michigan Law Review

Probably most well informed persons of the present generation associate the notion, once maintained, that a state might secede or nullify an act of Congress, with the South and its earlier statesmen. And it is time that the resolutions drawn substantially by Jefferson and adopted by the Legislature of Kentucky in 1798, and similar resolutions drafted by Madison and adopted by the General Assembly of Virginia in the same year, together with some similar and more explicit declarations by the Legislature of the former state in 1799, seem to furnish some warrant for this impression. Yet it seems to be …

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Note And Comment, Joseph J. Kennedy, Samuel H. Morris, Burke W. Shartel, George S. Burgess Dec 1912

Note And Comment, Joseph J. Kennedy, Samuel H. Morris, Burke W. Shartel, George S. Burgess

Michigan Law Review

Attendance at the Law School; An Extreme Case in the Application of the Safety Appliance Act; Advisory Opinions; Refusal of Specific Performance Where Subsequent Unexpected Events Render it Inequitable; Is Vasectomy a Cruel Punishment

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