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Articles 34891 - 34920 of 34986
Full-Text Articles in Law
Church And State - The Mandate Of The Establishment Clause: Wall Of Separation Or Benign Neutrality., William J. Cornelius
Church And State - The Mandate Of The Establishment Clause: Wall Of Separation Or Benign Neutrality., William J. Cornelius
St. Mary's Law Journal
Instead of continuing down the path of confusing, contradictory, and inconsistent nonestablishment clause decisions, the Court should opt for a new approach—benign neutrality. The Court currently follows one of three general approaches when deciding nonestablishment clause issues—Wall of Separation theory, Strict Neutrality theory, or the Accommodation theory. None of these three approaches has led to any clear standards or principles. The Wall of Separation theory has been argued to be the most historically accurate representation of the Framer’s intent, but that is inaccurate. Instead, the Framers pursued religious freedom instead of complete separation in order to partially avoid usurpation by …
Recent Important Decisions, Michigan Law Review
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 …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bailments--Care Required of Agistor--Special Contracts; Bankruptcy--Trading Corporations--Hotels; Common Carriers--discrimination--Exclusive Depot Privileges; Conditional Sales--Street Railway Equipment--Rights of Vendor; Constitutional Law--Class Legislation--Equal Protection of the Amendment of the Federal Constitution and the Massachusetts Declaration of Rights; Constitutional Law--Interference with Civil rights--Power of Congress to Enforce the Fourteenth Amendment; Contempt of Court--Fraudulent Claims; Contract--Assignment; Contract to Indemnify Against negligence--Statutory Prohibition--Public Policy; Corporations--Sale of corporate Property to Directors--Validity; Damages--Remote; Deeds--Duress--Grantor in Possession; Deeds--Restriction Against Building Tenement House--Deeds--Standing Timber--Construction; Equity--Possession of Personal Property; Evidence--Hypothetical Question; Execution--Exemptions--Life Insurance; Fixtures--Mortgage--Distruction of Property; Foreign Corporations--Service of Summons of Officer of; Highway--Rights of Abutting Owner; Husband and Wife--Contracts--Effects of …
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
Statute Requiring Examination and License as Prerequisites to Ownership or Management of a Dental Office Unconstitutional; Railroad Control of the Telegraph Business; The Need of Uniform Laws Governing "Conditional Sales"; Jurisdiction of Equity over Void Instruments; Quitclaim Deed as Affecting the Question of Good Faith; Competency of a child as a Witness; Compensation for Party Walls as Between Subsequent Grantees;
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attachment--Equity Decree in Support of; Bankruptcy--Attachment--Sheriff's Fees; Bankruptcy--title of Trustee--Validity and Preservation of Liens; Bills and Notes--Discharge of Endorser of Check--Waiver; Bills and notes--Indorsement of Payee Forged by Drawer--Recovery by Drawee; Constitutional law--Equal Protection of the Laws--master and Servant--Railroad Fellow Servants' Act; Corporate Stock--Statute Requiring Registration of Transfer--Attachment; Criminal law--Evidence--confidential Communications--Letters from Accused to Wife; Dead body--Action for Mutilation; Deeds--Delivery--Estoppel; Deeds--Fraudulent Conveyance--bona Fide Purchaser from Fraudulent Grantee; Domicil--Election--Residence and Intention; Ejectiment--By Railroad Company for Right of Way; Equity--navigable Waters--Obstruction--Special Injury; Equity--Personal Trespass--Injunction; Foreign Corporations--Failure to Comply with Laws--Effect on Contracts; Judicial Officer--Liability of Inferior Judicial Officer Acting Under a Void …
Removal Of Public Officers From Office For Cause, Ii, Alonzo H. Tuttle
Removal Of Public Officers From Office For Cause, Ii, Alonzo H. Tuttle
Michigan Law Review
We have seen by the great weight of authority that removal for cause requires notice, charges and a chance to defend. It remains for us to discuss the most difficult question of all. What is the nature of this power? Is it judicial or executive in character? The importance of this question is two-fold. 1. If executive in nature, the courts have no power to review it by the writ of certiorari. If judicial, they have. 2. If judicial, the question arises, is it constitutional to confer such a power on an executive officer? Upon the question whether the power …
Constitutional Limitations On Primary Election Legislation, Floyd R. Mechem
Constitutional Limitations On Primary Election Legislation, Floyd R. Mechem
Michigan Law Review
In determining what aspect of the general question I should discuss in the brief time available, it seemed to me desirable that I should confine my attention to the constitutional aspect of the matter, leaving the discussion of the practical workings of the various laws actually enacted to those who have had more opportunity to observe them. The constitutional side of the matter has already been very ably discussed by Professor Tuttle in MICHIGAN LAW REVIEW and I do not hope to add materially to what is there said, though certain of the questions may be approached in a somewhat …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession--Boundaries--Mistake; Attachment--Fraudulent Conveyance--Damages for Breach of Promise of Marriage; Bailments--Liability of Private Carrier on a Special Contract; Bailments--Loss of Goods Resulting from Violation of Ordinance; Constitutional Law--Equal Protection of the Laws--Due Process--State's control of Fish and Game; Contributory Negligence--Passenger on Car Platform; Conveyance--Standing Timber--Recording--Bona Fide Purchaser; Deeds--Building Restrictions--Easements; Deeds--Rule in Shelley's Case; Equity--Mistake of Fact--Negligence; Evidence--Photograph--X-Ray; Executors and Administrators--Liability of Executrix to Account fo rTrust Estate Held by Her Testator; Foreign Corporations--Interstate Commerce; Garnishment--Situs of Debt; Gift-Parent and Child--Undue Influence--Presumption; Guardian and Ward--Filling of Blank After Execution; married Women--Separate Estate--Note and Mortgage to Secure Husband's Debt; Master and Servant--Independent …
Removal Of Public Officers From Office For Cause, I, Alonzo H. Tuttle
Removal Of Public Officers From Office For Cause, I, Alonzo H. Tuttle
Michigan Law Review
Decidedly the most important and best considered debate in the history of Congress, is what Wm. Evarts calls the debate that took place in 1789 in the first session of Congress, under the Constitution, on the question of the nature of the power of the President to remove his appointees from office. The character of this debate is discussed elsewhere in this magazine." Suffice it to say that as a result it was decided then by Congress that under the Constitution the President has the absolute power of removal of all his appointees, without the assent of the Senate. This …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attachment--alliams Writ--Collateral Attack; Attorneys--disbarment--Malfeasance in Office; Chattel Mortgages--Liability of Mortgagee for Selling More Property than Enough to Satisfy Debt; Conflict of Laws--Comity--Extraterritorial Effect of Laws; Constitutional Law--due Process of Law--Restraint of Insane Persons--Habeas Corpus; Constitutional Law--Eight-Hour Haw--Public contracts; Contempt--Libel of Court; Contract--Construction--Damages; Corporations--Fraud of Directors--Rights of Stockholders; Criminal Law--Habeas Corpus--Waver of Objections as to the Legality of Trial Court; Criminal Procedure--Bill of Exceptions--Presumption as to Evidence; Deeds--In Consideration of Support--Condition Subsequent--Charge Upon Land; Divorce--Alimony--Payment After Husband's Death; Elections--Conduct of Special Elections--Preparation of Ballots; Evidence--constitutional Law--Privilege--Witness; Evidence--Presumption--Suicide; Garnishment--Interests in Expectancy; Husband and Wife--Conveyance to Avoid Taxation--Trusts; Injunction--Parties--Contempt; Insurance, Fire--"Iron Safe" Clause--Waiver; …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attorney--Disbarment--Procedure; Carriers--Injury to Passenger From Strike Sympathizers; Constitutional Law--Reasonable Classification--Regulation of Insurance Companies--Discrimination in Favor of Foreign Corporations; Constitutional law--Use of Trading Stamps--Police Police Power; Contract--Breach--Damages; Corporation--Notes Given in payment for its own Stock--Bankruptcy--Provable Debts; Damages--Measure--Contribution; Deeds--construction--Description of Subject Matter; Easements--Recital in Deed--Injunction; Election--Candidates--Oath--Constitutionality of Primary Law; Equity--Jurisdiction to Restrain Injunction Proceeding Denied; Estates of Decendents--Funeral Expenses of Married Woman--Liability of Surviving Husband; Executor de Son Tort--Right to Equitable Relief; Foreign corporations--doing Business in State--Failure to Comply with State Laws--Validity of Contract; Garnishment--Situs of Debt; Husband and Wife--Separation Agreements--Validity--Defenses; Insurance--Employer's Liability--Notice of Injury; Intoxicating Liquors--License Non-Transferable; Judgments--dormancy--Effect of Special Execution; …
Freedom Of Contract, Jerome C. Knowlton
Freedom Of Contract, Jerome C. Knowlton
Articles
The liberty mentioned in the Fourteenth Amendment of the Federal Constitution "means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways; to live and work where he will; to earn his livelihood by any lawful calling; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper, necessary …
Freedom Of Contract, Jerome C. Knowlton
Freedom Of Contract, Jerome C. Knowlton
Articles
The liberty mentioned in the Fourteenth Amendment of the Federal Constitution "means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways; to live and work where he will; to earn his livelihood by any lawful calling; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper, necessary …
The Power Of The Senate To Amend A Treaty, Bradley M. Thompson
The Power Of The Senate To Amend A Treaty, Bradley M. Thompson
Articles
The recent refusal of the Senate to ratify eight general arbitration treaties which the President had concluded with Austria-Hungary, Switzerland, Great Britain, France, Portugal, Germany, Mexico,' and Norway and Sweden, until, against the protest of the President, it had modified them materially by amendment, has called public attention to the treaty-making power, and has raised the question as to whether or not any of that power is vested in the Senate.
The Power Of The Senate To Amend A Treaty, Bradley M. Thompson
The Power Of The Senate To Amend A Treaty, Bradley M. Thompson
Articles
The recent refusal of the Senate to ratify eight general arbitration treaties which the President had concluded with Austria-Hungary, Switzerland, Great Britain, France, Portugal, Germany, Mexico, and Norway and Sweden, until, against the protest of the President, it had modified them materially by amendment, has called public attention to the treaty-making power, and has raised the question as to whether or not any of that power is vested in the Senate.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adoption--Inheritance by Representation; Adverse Possession--Effect of Former Judgment--Statute of Limitations; Adverse Possession--Statute of Limitations--Jurisdiction of the Department of the Interior; Concealed Property--Finder's Rights--Treasure Trove; constitutional Law--Eminent Domain--Taking Private Property for Private Use; Constitutional Law--Penalty for Breach of Labor contracts; Contract--Mutuality--Specific Performance; Corporations--contracts Between Corporations Having Common Shareholders and Officers--Suit in Name of Stockholder; Corporations--Liability of Officers--Negligent management--contracts Between Corporations Having Common Officers; Deed--Insane Person--Voidable Assignment; Ejectment--Impairment of Contract Obligation; Evidence--Confession--Admission; Evidence--Letters of Administration--How Far Evidence of Widowhood; Evidence--Personal Injury--Physical Examination of Plaintiff; Foreign Corporations--Business in Other States--License--Purpose of Incorporation--Evasion of State Laws; Fraud--Doctrine of Reasonable Inquiry; Guardian--Appointment--Jurisdiction--Sale of Ward's Lands; …
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
Lawyers and Jurists at the Exposition; Convention of the Commercial Law League of America; The Philippine Island Cases in the Supreme Court of the United States; The Writ of Habeas Corpus in Chinese Exclusion Cases; What is a "Crime" Within the Meaning of the Constitution?; Due Process of Law; Winding up Proceedings; Literary Criticism and the Law of Libel; The New Japanese Civil Code;
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Agency--Husband as Agent of Wife in Transfer of Real Property; Assignment of Insurance Policy--Change of Beneficiary; Banks--Deposits Made by Estate in Trust for Another; Chattel Mortgages--When Void as Against Trustee in Bankruptcy of Mortgagor; Constitutional Law--Class Legislation--Restrictions upon Building and Loan Associations; Corporations--Foreign, Transacting Business in State--Right of Action--Condition Precedent--Interstate Commerce; Corporations, Insolvent--Preferring Creditors--Directors; Damages--Breach of Contract; Damages--Mental Suffering Unconnected with Physical; Deeds--Delivery to a Third Person--Requisites; Deeds--Signing by One not Named as Grantor; Election Contest--Tie Votes--Effect; Injunction--Special Injury--Street Improvement; Insolvency of Building and Loan Associations--Borrowing Shareholder--Credits; Insurance--Delay in Making Proofs of Death when Blanks were to be Furnished by …
One Phase Of Federal Power Under The Commerce Clause Of The Constitution, John C. Donnelly
One Phase Of Federal Power Under The Commerce Clause Of The Constitution, John C. Donnelly
Michigan Law Review
No clause of the Federal Constitution, making a grant of power, has, by judicial interpretation, been declared so broad and comprehensive in its scope as that clause which empowers Congress "to regulate commerce with foreign nations and among the several states and with the Indian tribes." In one of the very first cases in which the Supreme Court was called upon to consider the scope of this provision, it was quite properly held that under it, navigation was one of the important subjects which came within the federal power. Under it navigation was not only an important subject considered by …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Administrator--Appointment of, on Disappearance of Person; Agency--collection of Notes--Possession of the Instrument--Apparent Authority; Appeal--Right to Appeal After Satisfaction of Judgment; Attorney and Client--divorce Cases--contingent Fees--Prevention of Reconciliation; Attorneys--disbarment--Attacking Honesty of Judge; Bankruptcy--city Taxes--Priority; Carriers--Death by Wrongful Act--Stipulations Avoiding Liability for Negligence Toward free Passenger--Validity and Effect; Carriers--signed Ticket not the Contract; Constitutional Law--Class Legislation--Use of Flag for Advertising Purposes; Constitutional Law--Jurisdiction of Equity to Try Title to Office--Injunction; Contract--Validity--Conditions Attached to Goods--Purchase by Retail Trader from Wholesale Trader with Notice; corporations--forfeiture of Charter--Mandamus; Corporations--Garnishment of Stockholder for Unpaid Subscription; Criminal Law--Self-Defense; Deeds--Delivery--Testamentary Disposition; Ejectment--Description--Verdict--Judgment; Ejectment--Equitable Title in Plaintiff; Evidence--Admissions--Abandoned Pleadings; …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Acknowledgment--Who may Take--Stockholder; Action for Death of a Child-- Contributory Negligence; Adverse Possession--Computation of Time--Litigation in Land Office; Bankruptcy--Homestead--Jurisdiction of bankruptcy Court; Chattel Mortgages--Unidentified Number Among a Greater Number of Like Articles--Validity; Constitutional Law--Possession of Game fish in Closed Season; Constitutional Law--Special Act--Sunday Law; Contracts--Impossibility of Performance--Implied Condition; Contracts--Violation of Penal Statute--Transaction Void; corporations--Dissolution--Rights of Minority Stockholders; Corporations--Insolvency--Preferences to Officers; Equity--Jurisdiction--Partition--Oil Leases; Judgments--Absence of Jurisdiction--Injunction--Restraining Execution; Master and Servant--False Imprisonment--Duty of Merchant to Customers; Master and Servant--Fellow Servants--Assumed risks--Injuries to Servant While off Duty; Minor's enlistment in the Navy--Validity--Desertion--Arrest--habeas Corpus; Real Property--Rule in Shelley's Case--Wills; Specific Performance--Parol Contract--Part Performance; Suretyship--county …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy--Preferential Payment--Recovery by Trustee; Carriers--Passengers--Derailing of Train; Constitutionality of Statute--Guaranty of Freedom of Speech--Immigration--Exclusion of Anarchists; Constitutional Law--Civil Rights--Power of Congress-Conspiracy Against Negroes; Corporations--Execution of Corporate Conveyances; Damages--Assault and Battery--Inadequacy of Verdict; Damages--Recovery for Mental Anguish Caused by Suffering of Another; Deeds--Statutory Words--Implied Covenants; equity--Injunctions--Restraint of Trade--consideration and Clearness of Contract; Equity--Injunction--Restraint of Trade--Consideration and Clearness of Contract; Foreign Administrator--Collection of Assets--Rights of Domestic Administrator; Highway--License--Defective Bridge--Liability of Owner; Husband and Wife--Bills and Notes--Intermarriage of Parties; Husband and Wife--Separate Property of Wife--Mortgage--Validity; Insurance--Mutual benefit Societies--forfeiture of Membership in a Religious Order; Judgments--Judicial Errors--Correction at Subsequent Term; Justice Court Judgment--Execution--Transcript--Filing in …
Is The British Empire Constitutionally A Nation, Stephen B. Stanton
Is The British Empire Constitutionally A Nation, Stephen B. Stanton
Michigan Law Review
The United Kingdom of course is a nation; its colonies respectively or collectively are not. How stands it with the Empire as a whole? The British "Interpretation Act" of 1889 has come to the rescue of the perplexed reader of such topics by defining certain much abused terms. "Colony," it defines as any part of His Majesty's Dominions exclusive of the British Islands and British India; "British Possession," as any part of His Majesty's Dominions exclusive of the United Kingdom; and "British Islands" as the United Kingdom together with the Channel Islands and Isle of Man. And "United Kingdom" of …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Administrators--Right to Convey Inchoate Homestead; Agency--Scope of Authority--Sunday Contract; Assignment for the Benefit of Creditors--Action to set Aside; Bankruptcy--Discharge--Debt Created in Fiduciary Relation--Laundry Agent; Bills and Notes--Banks--Payment of Draft to Impost--Liability to Drawer; Chattel Mortgages-Validity--Mortgagor's Possession and Power of Sale in Ordinary Course of Business; Constitutional Law--Due Process at Law--Forfeiture of Lands for Failure to Pay Taxes; Constitutional Law--Local Option Law--Use of Liquors in Religious Worship--Discrimination; Contract for the Benefit of Third Persons--Enforcement by Beneficiary--Assignment; Corporations--Oral Subscription to Stock--Statute of Frauds; Corporations--Promissory Notes--Proof of Execution; Courts--Jurisdiction of State Court to Enjoin a Receiver Appointed by Federal Court; Damages--Automobiles--Frightening Horses--Excessive Speed; …
A National Incorporation Law, Horace L. Wilgus
A National Incorporation Law, Horace L. Wilgus
Books
Horace L. Wilgus argues that corporations need to be regulated on the national level.
Need Of A National Incorporation Law, Horace Lafayette Wilgus
Need Of A National Incorporation Law, Horace Lafayette Wilgus
Articles
When the report of the Committee on Uniformity of Iegislation was submitted to the last American Bar Association, and consideration of the legal problems growing out of modem commercial combinations, was urged as a matter proper for discussion and action by that association, it was gravely argued by distinguished lawyers present that there was no legal problem to be solved.
A Proposed National Incorporation Law, Horace Lafayette Wilgus
A Proposed National Incorporation Law, Horace Lafayette Wilgus
Articles
In an article in the February number of this magazine' the writer discussed the nee& of a national incorporation law. The following is proposed as such; its object is to set forth what, perhaps, may be possible under such a law; what some will think necessary or desirable; what some will think unnecessary and undesirable; and what others will undoubtedly think is all wrong, if not vicious.
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
The Law School; the Mostly Edicuation Commission; Penal Statute--"medical Attendance"--Devine Healing--Constitutional Law; Validity of a Note Given to an Unlicensed Practitioner of Medicine for Medical Services When the Note has Passed Before it is Due to a Bona Fide Purchaser for Value and Without Notice; Parties--Joining Representative of Deceased Joint Obligor--Survivors; Code Pleading--Amendment--Forms of Action; Conflict of Laws--Public Policy--Agreement ot Stifle Prosecution;
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Acknowledgment--Who May Take--Stockholder; Agency--Notice to Agent--Liability of Principal; Carriers--Express Messengers--Contracts Exempting from Liability--Validity--Public Policy; Carriers of Passengers--Elevators--Negligence--Degree of Care; Code Pleading--Allegation of Duty; Conflict of Laws--Wills--Execution of Power; Constitutional Law--Liberty--Police Power--Use of Trading Stamps; Corporations--Legaility of Voting Trust--Power to Revoke Authority; Covenants--Benefits and Burdens--Privity of Estate; Damages--Breach of Contract--Mental Suffering; Damages--Breach of Contract--Mental Suffering; Damages--Pleading--Special Injury--Admissibility of Evidence; Elections--Right of Board of Aldermen to Judge of Election of its own Members--Construction of Charter; Equity--Mortgages--Redemption by Co-Tenant--Improvements--rents and Profits--Executors' and Administrators' Liability for Unpaid Claims; Evidence--Competency--Wife's Testifying Against Husband--Mock Marriage; Insolvency--Partnership--Secured Creditors--Mortgage on Exempt Property--Mortgage on Property of Individual Partner; Insurance--Benefit …
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
The Law School-Changes in the Faculty--Readjustment of Courses of Study; Sir Frederick Pollock's Visit to Michigan; The Second Lecture--The Scales of Justice; The Development of Criminal Law; The Law of Reason; Corporations--railroads--Stockholding Corporations--Combinations in Restraint of Trade and Commerce--consolidation of Parallel and Competing Lines; Constitutional law--Classification--Limit of Judicial Construction;