Law Commons^™

Trustor As Sole Trustee And Only Ascertainable Beneficiary, William F. Fratche

Michigan Law Review

The Circuit Court of Appeals for the Eighth Circuit, one judge dissenting, affirmed a decision of the Board of Tax Appeals holding that a profit arising from sale of the stock was taxable to the settlor individually because the declaration did not create a trust. The majority opinion argued that, although a trust may be created solely for the benefit of unborn or unascertained beneficiaries by a transfer to a third party as trustee, it cannot be done by a declaration of trust. The opinion suggested that a transfer in trust for unborn or unascertained beneficiaries creates only a resulting …

Coming Into Equity With Clean Hands, Zechariah Chafee, Jr.

Michigan Law Review

The most amusing maxim of equity is "He who comes into Equity must come with clean hands." It has given rise ,to many interesting cases and poor jokes. The maxim has been regarded as an especially significant manifestation of the ethical attitude of equity as contrasted with the common law. Pomeroy, for instance, argues that the principle involved in this maxim is "merely the expression of one of the elementary and fundamental conceptions of equity jurisprudence." Pomeroy's theory is that chancery has power to force a defendant to comply with the dictates of conscience as to matters outside the strict …

English Constitutional History, By S.B. Chrimes, John J. Murray

Indiana Law Journal

No abstract provided.

Thompson: Magna Carta, Its Role In The Making Of The English Constitution, 1300-1629., Michigan Law Review

Michigan Law Review

A Review of MAGNA CARTA, Its Role in the Making of the English Constitution, 1300-1629. By Faith Thompson.

Schlesinger: Paths To The Present, Michigan Law Review

Michigan Law Review

A Review of PATHS TO THE PRESENT. By Arthur M. Schlesinger.

Mccormick: Understanding The Securities Act And The S.E.C., Michigan Law Review

Michigan Law Review

A Review of UNDERSTANDING THE SECURITIES ACT AND THE S.E.C. By Edward T. McCormick.

Mr. Justice William Johnson, Jurist In Limine: Dissent And The Judging Faculty, A. J. Levin

Michigan Law Review

There is little more in the legal literature on the subject of dissent than, on the one hand, the feeling that somehow it helps to present more than one side of a question and, on the other, that dissent is confusing and unsettling, and, therefore to be avoided. The part that dissent has played in preventing "history" from becoming the routine repetition of events, the function it fulfills in saving mankind from a mechanical adherence to an authoritarian concept of society, the psychodynamic need of the individual for self-expression-particularly evident in democratic societies-these and other related approaches have had not …

The Presidential Succession Act Of I947, Ruth C. Silva

Michigan Law Review

The Constitution of the United States empowers the Congress to designate what officer shall act as President in case of the death, resignation, removal, or inability of both the President and Vice President. Recently the Eightieth Congress passed a statute under this grant of power. Although the new succession act is frequently alleged to be unconstitutional, it is similar to the first succession law enacted by the Second Congress, which contained many of the men who framed the Constitution and voted for its ratification. The law of 1792 provided that the President pro tempore of the Senate or, if the …

Murphy: Conservation Of Oil And Gas, A Legal History-1948, Michigan Law Review

Michigan Law Review

A Review of CONSERVATION OF OIL AND GAS, A LEGAL HISTORY-1948. Edited by Blakely M. Murphy.

Book Review. Cairns, H., Legal Philosophy From Plato To Hegel, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

The Legislative Process In Maryland, Carl N. Everstine

Maryland Law Review

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1949, Extraordinary Session, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Book Review. Readings In American Legal History By M. D. Howe, John P. Frank

Articles by Maurer Faculty

No abstract provided.

Book Review. Ross, A., Towards A Realistic Jurisprudence, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Book Review. Radzinowicz, L., A History Of English Criminal Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Concerning The Nature Of Positive Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Founding Fathers And The Natural Law: A Study Of The Source Of Our Legal Institutions, The, Clarence Emmett Manion

Journal Articles

Where did the Founding Fathers get the principles upon which they established our government? What was the source of their faith? The bedrock of their convictions? What was the political evolution of our Constitution? The legal philosophy of our Bill of Rights? The discussion of these questions by Dean Manion is timely for it is necessary now to make soundings and take bearings if the Ship of State is to continue on its true course. Whereas the Revolution of 1688 brought the doctrine of parliamentary sovereignty to England, the American colonists resisted that doctrine and adhered to the true natural …

Mr. Justice Mcreynolds -- An Appreciation, R. V. Fletcher

Vanderbilt Law Review

In the course of the memorial exercises in honor of Justice McReynolds, held in the Supreme Court of the United States on March 31, 1948, the Attorney General made the significant statement that McReynolds was neither liberal nor conservative." This observation was made in connection with the statement that the Justice, when he was appointed to the Court, was considered a liberal, and when he left the Court, a conservative. His characterization as a liberal was by reason of his experience as a prosecutor in antitrust cases; his reputation for conservatism rests upon his attitude toward legislative measures and economic …

Pritchett: The Roosevelt Court, Michigan Law Review

Michigan Law Review

A Review of THE ROOSEVELT COURT. By C. Herman Pritchett.

The Law School 1948-1949, E. Blythe Stason

Michigan Law Review

Oversized enrollment again characterizes the student body of the University of Michigan Law School for the year 1948-49. Somewhat reduced from last year's record of 1107 prospective lawyers, this year the William W. Cook Law Quadrangle is accommodating 1057 future members of the bar. The beginning class of 426 students, together with 279 second year students, 339 seniors, 10 candidates for the graduate degrees, and 3 special students all add up to 1057 total. In the total are included 24 future Portias of the bar. These figures should be compared and contrasted with pre-war enrollments approximating 600-650 students. The demand …

Joughin And Morgan: The Legacy Of Sacco And Vanzetti, Michigan Law Review

Michigan Law Review

A Review of THE LEGACY OF SACCO AND VANZETTI. By G. Louis Joughin and Edmund M. Morgan.

White: The Federalists, Michigan Law Review

Michigan Law Review

A Review of THE FEDERALISTS. By Leonard D. White.

Liberty Against Government: The Rise, Flowering And Decline Of A Famous Juridical Concept, By By Edward S. Corwin, John P. Frank

Indiana Law Journal

No abstract provided.

The Enduring Federalist, Edited By Charles A. Beard; The Great Rehearsal, By Carl Van Doren, John P. Frank

Indiana Law Journal

No abstract provided.

Recent Books, Michigan Law Review

Michigan Law Review

This department undertakes to note or review briefly current books on law and matters closely related thereto.

Historical Bases Of Federal Judicial System, John P. Frank

Indiana Law Journal

No abstract provided.

Book Reviews, H. C. Nixon, L. Dale Coffman, George W. Stocking, Victor C. Heck, Constantine G. Belissary

Vanderbilt Law Review

TO SECURE THESE RIGHTS

The Report of the President's Committee on Civil Rights with An Introduction

by Charles S. Wilson, Committee Chairman.

New York: Simon and Schuster, 1947. Pp. xii, 178. $1.00..

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ROSCOE POUND

By Paul Sayre

Iowa City: College of Law Committee

State University of Iowa, 1948. Pp. 412. $4.50.

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A NATIONAL POLICY FOR THE OIL INDUSTRY

By Eugene V. Rostow

New Haven: Yale University Press, 1948. Pp. XVI, 173. $2.50.

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THE TRADE OF NATIONS

By Michael A. Heilperin

New York: Alfred A. Knopf, 1947. Pp. xix, 234. $3.00.

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AMERICA'S ECONOMIC SUPREMACY

By Brooks Adams …

Definiteness And Particularity In Patent Claims, William Redin Woodward

Michigan Law Review

To the uninitiated the professional jargon of patents, and particularly of patent claims, is somewhat mystifying even in the most ordinary cases. The profession likes to define the elements of apparatus as "means" for this, "means" for that and "means" for the other. Words like "plurality," "predetermined" and "comminuted" find remarkably frequent use by patent attorneys. And the habit of using out-of-the-way verbiage may lead the practitioner by force of habit to pass over a simple term like "sleeping car" in favor of a more elaborate phrase like "a communal vehicle for the dormitory accommodation of nocturnal viators." But it …

Vested Rights And The Portal-To-Portal Act, Ray A. Brown

Michigan Law Review

The Portal-to-Portal Act of 1947 attempts, by new and retroactive definitions of what constitutes working time of an employee under the Fair Labor Standards Act of 1938, to deprive employees of claims under that earlier act, to which the Supreme Court of the United States has held they were entitled. This article will discuss whether this can be done under the due process clause of the Fifth Amendment.

Holzman: Corporate Reorganizations, Michigan Law Review

Michigan Law Review

A Review of CORPORATE REORGANIZATIONS. Their Federal Tax Status. By Robert S. Holzman.