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Full-Text Articles in Law

Domicile Versus Situs As The Basis Of Tax Jurisdiction, Robert C. Brown Dec 1936

Domicile Versus Situs As The Basis Of Tax Jurisdiction, Robert C. Brown

Indiana Law Journal

Address by Robert C. Brown, Professor of Law at Indiana University School of Law, delivered at the National Tax Conference, Indianapolis, Indiana, October, 1936.


Equity-Jurisdiction Of Property Interests Dec 1936

Equity-Jurisdiction Of Property Interests

Indiana Law Journal

No abstract provided.


The Proposed United States Administrative Court, Robert M. Cooper Dec 1936

The Proposed United States Administrative Court, Robert M. Cooper

Michigan Law Review

The last half century has witnessed a constant, almost relentless, increase of governmental responsibilities and services in both federal and state spheres of control. Due to the changing needs of our economic and social order, the desire for speedy, efficient and inexpensive settlement of controversies and the imperative need of specialized administrators, the task of performing these new functions has not infrequently been delegated to administrative tribunals or commissions. Neither the legislature nor the judiciary was capable of administering the myriad details or countless controversies which inevitably accompanied these new functions of government. As a consequence an administrative branch of …


Administrative Law - Johnson Act - Jurisdiction Of Federal Courts To Grant Injunctions Against Enforcement Of Rate Orders Of State Commissions, Donald L. Quaife Dec 1936

Administrative Law - Johnson Act - Jurisdiction Of Federal Courts To Grant Injunctions Against Enforcement Of Rate Orders Of State Commissions, Donald L. Quaife

Michigan Law Review

Two years have elapsed since the passage of the Johnson Act restricting the jurisdiction of federal district courts to enjoin rate-making orders of state utility commissions; and the time is now ripe to survey the case law which has grown up under the act and to evaluate its results. It will be recalled that this statute came as the culmination of a long history of agitation to prevent federal court interference with what many believed to be a function which local state courts were better fitted to review. The interference aimed at had resulted from the amendment to the Judiciary …


Conflict Of Laws -Enforceability Of Tax Judgment In Courts Of A Sister State - Full Faith And Credit Nov 1936

Conflict Of Laws -Enforceability Of Tax Judgment In Courts Of A Sister State - Full Faith And Credit

Michigan Law Review

A court of competent jurisdiction in Wisconsin gave the plaintiff a judgment against the defendants an Illinois corporation, for truces levied by Wisconsin upon income earned in that state. A federal district court in Illinois, relying on a theory that one state should not undertake to enforce the revenue laws of a sister state, dismissed an action on the judgment instituted by the plaintiff. The plaintiff appealed. Held, principles of comity and the "full faith and credit" clause of the Federal Constitution require that the action be entertained. Milwaukee County v. M. E. White Co., 296 U.S. 268, …


The Jurisdiction Of Courts (Part 3), Bernard C. Gavit Aug 1936

The Jurisdiction Of Courts (Part 3), Bernard C. Gavit

Indiana Law Journal

No abstract provided.


The Jurisdiction Of Courts (Part 2), Bernard C. Gavit Jun 1936

The Jurisdiction Of Courts (Part 2), Bernard C. Gavit

Indiana Law Journal

No abstract provided.


Public Utilities-Injunction Restraining Enforcement Of Rate Order Of State Commission-Jurisdiction Of Federal Court Under Johnson Act Jun 1936

Public Utilities-Injunction Restraining Enforcement Of Rate Order Of State Commission-Jurisdiction Of Federal Court Under Johnson Act

Michigan Law Review

Plaintiffs sued in a federal district court for an injunction restraining enforcement of an order of the Corporation Commission of Oklahoma reducing gas rates. The plaintiffs alleged that the new rates were confiscatory and in violation of due process of law under the Fourteenth Amendment. It appeared that there was much uncertainty in the decisions of the Supreme Court of Oklahoma as to whether the appeal to that court from the orders of the Corporation Commission were legislative or judicial. Held, that in view of the uncertainty of an opportunity for judicial review of the orders of the Commission, …


Attack On Decrees Of Divorce, Albert C. Jacobs May 1936

Attack On Decrees Of Divorce, Albert C. Jacobs

Michigan Law Review

Hitherto we have been concerned with the extent to which a decree is impeachable at the suit of one of the so-called "contestants" to the divorce litigation. But other parties, second spouses, children, personal representatives, grantees of a divorced party, and other third persons, may be affected; they may desire to question its efficacy. Are they controlled by the same principles of attack which govern the divorce litigants? Do these third persons all stand in the same position when they seek to assail the decree?


Conflict Of Laws-Jurisdiction Over Nonresident Carriers As Limited By Doctrine Of Unreasonable Burden On Interstate Commerce May 1936

Conflict Of Laws-Jurisdiction Over Nonresident Carriers As Limited By Doctrine Of Unreasonable Burden On Interstate Commerce

Michigan Law Review

There is little question today but that a foreign corporation may be subject to suit and a personal judgment in a state where it is doing business if service has been had upon a proper agent of the corporation, designated by law or otherwise. There may be consider able question as to what constitutes "doing business." The fact that the business carried on by a corporation is wholly interstate in character will not prevent that corporation from being subject to service in the same manner as though it were doing intrastate business as well a It also seems clear that …


The Jurisdiction Of Courts (Part 1), Bernard C. Gavit Apr 1936

The Jurisdiction Of Courts (Part 1), Bernard C. Gavit

Indiana Law Journal

No abstract provided.


Attack On Decrees Of Divorce, Albert C. Jacobs Apr 1936

Attack On Decrees Of Divorce, Albert C. Jacobs

Michigan Law Review

This paper deals with attacks on decrees of divorce. The attack may arise in the state of the divorce or elsewhere. F-1 is used to designate the state in which the divorce was granted; F-2 a state other than that in which the decree in' question was rendered. The attack in F-1 may be on purely local or non-jurisdictional grounds, such as fraud, collusion, duress or perjury, or upon the ground that the proper jurisdictional requirements were lacking. The attack in F-2 will generally be on jurisdictional grounds, though in certain situations a decree has been impeached for non-jurisdictional factors. …


Splitting The Cause Of Action Before A Justice--The Strange Case Of Bane V. Wilson, Robert T. Donley Apr 1936

Splitting The Cause Of Action Before A Justice--The Strange Case Of Bane V. Wilson, Robert T. Donley

West Virginia Law Review

No abstract provided.


Congress And The Appellate Jurisdiction Of The Supreme Court, Ralph R. Martig Mar 1936

Congress And The Appellate Jurisdiction Of The Supreme Court, Ralph R. Martig

Michigan Law Review

A democratic government such as ours, based upon the theory of popular sovereignty, presents many curious political phenomena. For example: in order to insure a proper balance of the powers, it has been necessary for the Supreme Court to assume the onerous task of passing upon the constitutionality of congressional legislation. It is unfortunate, but necessary, that the Court be obliged to exercise this power of judicial review at a time when the entire country is suffering from the effects of a severe and sustained economic depression. It is unfortunate, too, that the legislation under judicial examination should involve questions …


Is Insolvency Alone Sufficient To Give Equity Jurisdiction?, Kennith A. Howe Jan 1936

Is Insolvency Alone Sufficient To Give Equity Jurisdiction?, Kennith A. Howe

Kentucky Law Journal

No abstract provided.


Proper Venue Of Suit For Alimony Without Divorce - Ouster Of Jurisdiction - Amendment - Woodcock V. Woodcock Jan 1936

Proper Venue Of Suit For Alimony Without Divorce - Ouster Of Jurisdiction - Amendment - Woodcock V. Woodcock

Maryland Law Review

No abstract provided.


Insolvency Of Defendant As Basis Of Equity Jurisdiction, J. F. Conley Jan 1936

Insolvency Of Defendant As Basis Of Equity Jurisdiction, J. F. Conley

Kentucky Law Journal

No abstract provided.


Constitutional Law-National Power Over Navigable Streams - Property Clause - Corporations - Stockholders' Suit Jan 1936

Constitutional Law-National Power Over Navigable Streams - Property Clause - Corporations - Stockholders' Suit

Michigan Law Review

The recent decision of the Supreme Court in the TVA case raises issues of extreme importance not only in regard to the interpretation of the property clause of the federal Constitution, but also in regard to the requisites for a suit by minority stockholders of a corporation questioning the actions of the corporate management.