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Full-Text Articles in Law

David Mcdonald, Flora Mcdonald Ketcham Sep 1932

David Mcdonald, Flora Mcdonald Ketcham

David McDonald (1842-1853)

No abstract provided.


Federal Injunction Against Proceedings In State Courts: The Life History Of A Statute, Edgar Noble Durfee, Robert L. Sloss Jun 1932

Federal Injunction Against Proceedings In State Courts: The Life History Of A Statute, Edgar Noble Durfee, Robert L. Sloss

Michigan Law Review

The Judicial Code provides, in section 265, that "the writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a State," except where authorized by the Bankruptcy Act. This provision, minus the bankruptcy exception, first appeared in an act of 1793, amending the Judiciary Act of 1789. We know next to nothing of the parliamentary history of this statute. We do, however, know that the basic political issue in the framing of the Constitution was that of states' rights, the question how far the new government should be a …


Liability Without Fault And Proximate Cause, Fowler V. Harper May 1932

Liability Without Fault And Proximate Cause, Fowler V. Harper

Michigan Law Review

As a logical matter there seem to be two possible schemes of legal liability. The first one may be stated as follows: One may be liable for all consequences of all of his acts. While it has been suggested that this was the principle of the mediaeval law, it has been pointed out by Professor Winfield that such was never literally the case. Under this principle, as he has shown, everyone would be in jail except for these reasons: no one could legally put anyone else in jail, no one could legally keep anyone else in jail, and no one …


Wills - Legacies On Impossible Or Illegal Conditions Precedent May 1932

Wills - Legacies On Impossible Or Illegal Conditions Precedent

Michigan Law Review

If a devise of realty be upon a condition subsequent which is impossible of performance or which is illegal as being malum prohibitum, it is generally held that the condition is void, but the devise is free and single. In this respect the law pertaining to legacies upon condition materially agrees with that upon devises of realty. But perhaps one of the most unusual distinctions drawn in the law of property is that which is drawn between an illegal or an impossible condition precedent to a legacy of personalty and an illegal or an impossible condition precedent to a …


Political Theory And Practice, Everett S. Brown May 1932

Political Theory And Practice, Everett S. Brown

Michigan Law Review

A review of THE DEVELOPMENT OF AMERICAN POLITICAL THOUGHT. A DOCUMENTARY HISTORY. By J. Mark Jacobson, Ph.D.


A Valuable Record Of International Practice Mar 1932

A Valuable Record Of International Practice

Michigan Law Review

A review of PUBLIC DEBTS AND STATE SUCCESSION. By Ernst H. Feilchenfeld


Laws Of Indiana Territory, 1801-1809, By Francis S. Philbrick, Hugh E. Willis Feb 1932

Laws Of Indiana Territory, 1801-1809, By Francis S. Philbrick, Hugh E. Willis

Indiana Law Journal

No abstract provided.


Journal Of The Senate Of The Commonwealth Of Kentucky, 1932, Volume 1, Kentucky. General Assembly. Senate. Jan 1932

Journal Of The Senate Of The Commonwealth Of Kentucky, 1932, Volume 1, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.


Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1932, Volume 2, Kentucky. General Assembly. House Of Representatives. Jan 1932

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1932, Volume 2, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.


Journal Of The Senate Of The Commonwealth Of Kentucky, 1932, Volume 3, Kentucky. General Assembly. Senate. Jan 1932

Journal Of The Senate Of The Commonwealth Of Kentucky, 1932, Volume 3, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.


Journal Of The Senate Of The Commonwealth Of Kentucky, 1932, Volume 2, Kentucky. General Assembly. Senate. Jan 1932

Journal Of The Senate Of The Commonwealth Of Kentucky, 1932, Volume 2, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.


Old English Local Courts And The Movement For Their Reform, Arthur Lyon Cross Jan 1932

Old English Local Courts And The Movement For Their Reform, Arthur Lyon Cross

Michigan Law Review

The first Reform Bill of 1832 was at once a symptom and a further cause of momentous changes in English institutions, political and legal, to say nothing of social and ecclesiastical. Many of these were brought about as the result of patient and competent investigations of royal commissions which, though not unknown before the third decade of the nineteenth century, were active to an extent hitherto unheard of during that notable epoch of reform. While a few men of law were among the forward spirits, the bulk of the advance guard were laymen. As a rule judges, barristers and attorneys …


State Utilities And The Supreme Court, 1922-1930, Thomas Reed Powell Jun 1931

State Utilities And The Supreme Court, 1922-1930, Thomas Reed Powell

Michigan Law Review

While enterprises that are "affected with a public interest" or "devoted to a public use" or that come within the class of strict public utilities may be compelled to do a number of things that strictly private enterprise may avoid, the power over utilities is not unlimited. Requirements deemed onerous may be contested as denials of due process of law. The constitutional issue thus raised under the Fourteenth Amendment entitles protestants to start injunction proceedings in federal courts and to seek appeals to the United States Supreme Court from unfavorable decisions of state courts. Often the complaint is not of …


Review: The Revival Of Natural Law Concepts, Fowler Vincent Harper May 1931

Review: The Revival Of Natural Law Concepts, Fowler Vincent Harper

Michigan Law Review

A Book Review of THE REVIVAL OF NATURAL LAW CONCEPTS By Charles Grove Haines.


Juristic Law And Judicial Law, Joseph H. Beale Apr 1931

Juristic Law And Judicial Law, Joseph H. Beale

West Virginia Law Review

No abstract provided.


Studies In The History Of American Law, James W. Simonton Apr 1931

Studies In The History Of American Law, James W. Simonton

West Virginia Law Review

No abstract provided.


Review: Stephen J. Field: Craftsman Of Tbe Law., Everett S. Brown Apr 1931

Review: Stephen J. Field: Craftsman Of Tbe Law., Everett S. Brown

Michigan Law Review

A Review of: STEPHEN J. FIELD: CRAFTSMAN OF TBE LAW


Succession By Murderer-Applicability Of Constructive Trust Apr 1931

Succession By Murderer-Applicability Of Constructive Trust

Michigan Law Review

There do not seem to have been any decided cases in the early common law on the question whether a murderer could succeed to the title to property left by his victim, or derive any benefit from his crime. By the civil law the legal title passed to the criminal, and was afterwards confiscated by the state. What may be said to be the modem rule is not so definitely determined, The numerical majority of cases, beginning with the first case to be decided on the exact question in 1888, have held that he could not succeed. But the decisions …


Review: International Adjudications, Edwin D. Dickinson Apr 1931

Review: International Adjudications, Edwin D. Dickinson

Michigan Law Review

A Review of : INTERNATIONAL ADJUDICATIONS Edited by John Bassett Moore.


The Law Of England During The Period Commonwealth, Robert C. Brown Mar 1931

The Law Of England During The Period Commonwealth, Robert C. Brown

Indiana Law Journal

No abstract provided.


What Will Become Of Prohibition, Clarence Emmett Manion Mar 1931

What Will Become Of Prohibition, Clarence Emmett Manion

Journal Articles

Because of the substantial minority support for Prohibition and the Eighteenth Amendment, this article suggests that it would difficult, if not impossible, to repeal the amendment despite the fact that 3 in 5 Americans would support its repeal. The article looks at potential options of lessening the impact of the Eighteenth Amendment, including removing penalties for it, repealing State enforcement acts, and forbidding nullification of search warrant requirements. Finally, it looks at the quality of liquor as a solution to an "unusually interesting" and "ultimately worthwhile" problem.


Review: Annual Survey Of English Law 1929. London School Of Economics And Political Science (University Of London) Department Of Law., Everett S. Brown Mar 1931

Review: Annual Survey Of English Law 1929. London School Of Economics And Political Science (University Of London) Department Of Law., Everett S. Brown

Michigan Law Review

A Review of ANNUAL SURVEY OF ENGLISH LAW 1929. London School of Economics and Political Science (University of London) Department of Law.


A Concise History Of The Common Law, By Theodore F.T. Plucknett, Robert C. Brown Feb 1931

A Concise History Of The Common Law, By Theodore F.T. Plucknett, Robert C. Brown

Indiana Law Journal

No abstract provided.


Some Comments On The Reserved Power To Alter, Amend And Repeal Corporate Charters, Gustavus Ohlinger Feb 1931

Some Comments On The Reserved Power To Alter, Amend And Repeal Corporate Charters, Gustavus Ohlinger

Michigan Law Review

The old theories as to the nature, creation and powers of corporations which during the last hundred years have been obscured, but today are coming more and more to the fore in legal literature, in the adjudications of the courts, and in recent revisions of corporation acts suggest a re-examination of the power of state legislatures to alter, amend and repeal corporate charters under the reservations contained in many state constitutions and statutes, both as related to those theories and as they apply to recent and impending social and economic changes.


Legislative Principles, Carl H. Manson Jan 1931

Legislative Principles, Carl H. Manson

Michigan Law Review

A review of LEGISLATIVE PRINCIPLES By Robert Luce.


Scienter In Deceit And Estoppel, Robert W. Miller Dec 1930

Scienter In Deceit And Estoppel, Robert W. Miller

Indiana Law Journal

No abstract provided.


Divorce - Recrimination As A Defense Dec 1930

Divorce - Recrimination As A Defense

Michigan Law Review

If both parties have a right to divorce, neither party has. This judicial pronouncement, paradoxical and puzzling as it must seem, at least to the lay mind, nevertheless embodies the kernel of the doctrine of recrimination as it is applied in divorce cases by modem courts. One party seeks divorce and proves beyond doubt that he or she is entitled to relief. But, if it is found that the complaining party too, is guilty of conduct for which a divorce may be granted, the court turns a deaf ear to both. For, in the oft quoted words of Chancellor Wallworth, …


The Book Of English Law Dec 1930

The Book Of English Law

Michigan Law Review

A Review of THE BOOK OF ENGLISH LAW By Edward Jenks.


The Laws And Liberties Of Massachusetts, Randolph G. Adams Dec 1930

The Laws And Liberties Of Massachusetts, Randolph G. Adams

Michigan Law Review

A Review of THE LAWS AND LIBERTIES OF MASSACHUSETTS reprinted from the copy of the 1648 edition in the Henry E. Huntington Library, with an Introduction by Max Farrand.


History Of The Notre Dame College Of Law, Thomas Frank Konop Nov 1930

History Of The Notre Dame College Of Law, Thomas Frank Konop

Journal Articles

In the summer of 1868 the Board of Trustees of the University passed a resolution "for the opening of a course in law at Notre Dame." At that time there were very few law schools in the country and the profession was almost wholly recruited from the law-offices. As a matter of fact there was great doubt among the lawyers at that time as to the advisability and the possibility of acquiring training for the bar at a university. There were even prejudices at that time against the study of law at law schools. It was during such doubts and …