Law Commons^™

Torts-Imputed Negligence-Common Enterprise

Michigan Law Review

The Supreme Court of Iowa has recently held that a family group engaged in a pleasure ride was a "common enterprise which no one had any particular right to control" and negligence on the part of the driver might be imputed to the other occupants of the car, barring recovery for an injury caused by the concurring negligence of the driver and the defendant. This, to say the least, is an expansion of the generally accepted doctrine of imputed negligence in America.

Cum Jocis Seriisque, Hon. William Renwick Riddell Lld., Dcl.

Michigan Law Review

The ruthless times of the later Stuarts can never be forgotten by anyone who takes an interest in the history of human freedom and the growth of law.

The extraordinary prosecutions for what was called Treason-not unfrequently Treason ex post facto, only-almost always resulting in a bloody death, were and are an object-lesson which cannot be too strongly impressed upon the minds of all who love freedom of thought and action. The times were cruel, the authorities from the King down disregardful of everything but control of men and money, and the gallant resistance of the few was an …

The Pandex, Volume Xxiv

Kansas City School of Law Pandex Collection

Yearbook for Kansas City School of Law in Kansas City, Missouri, includes photos of and information about the school, student body, professors, and organizations.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1928, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

A Sketch Of English Legal History, By Frederick W. Maitland, Paul L. Sayre

Indiana Law Journal

No abstract provided.

Revista De Los Registros Y Del Notariado, Jose Raul Sedano Y Agramonte, Ernesto Pereira Cabral

Mario Diaz Cruz Pamphlets

Sumario de este numero:

La constitucion reformada de la Republica

Delegados a la anterior constituyente

Preambulo de la Reforma de 1928

Trato Permanente

Tratado sobre la isla de Pinos

Legal Status Of The Spite Fence In Ohio, Joseph O'Meara, Herman W. Santen

Journal Articles

It is generally assumed, on the authority of Letts v. Kessler, that spite fences in Ohio are within the law. In two cases language has been used indicating an adherence to the obsolescent view that spite fences may be erected with impunity, but in neither case was the question before the court for decision, so that what was said must be classed as dicta. This, then is the situation: there is not a single decision in the last twenty-one years supporting the rule of Letts v. Kessler. A careful reading of the opinion in Letts v. Kessler will show that …

Liberty And The Police Power, Clarence Emmett Manion

Journal Articles

The American citizen now has practically no rights of person or property that neither Congress nor the State legislature may not impair by legislation. The adoption of the Articles of Confederation and the Federal Constitution served merely to transfer to the Federal government certain powers formerly exercised by the individual States. When all individuals were protected in the exercise of their respective rights it was never supposed that the rights of the individual were to be protected or approached through the avenues of legislation dictated by majority opinions as to what is now and again for the "general good". The …

Congress And The National Administration, John A. Farlie

Michigan Law Review

Under the Constitution of the United States, Congress is vested with legislative powers; and under the classical doctrine of the separation of powers, it is primarily a law-making organ. A recent writer on government has, however, analyzed its functions under seven heads, as follows: as a constituent assembly, a canvassing board and electoral college, an organ of public opinion, a board of directors, an organ of legislation, an executive council, and a high court of justice. In its capacity as board of directors, he also states that "the whole power of direction, supervision and control of administrative affairs is legally …

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1928, Volume 3, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1928, Volume 2, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Book Review. Charles Dickens As A Legal Historian By W. S. Holdsworth, Fowler V. Harper

Articles by Maurer Faculty

No abstract provided.

Equality In International Law, Arnold D. Mcnair

Michigan Law Review

Under this title 1 propose to discuss the present position of the old doctrine of the Equality of States, to consider whether it has been helpful in the development of international society, and what prospect there is of that society finding in international law an instrument wherewith to bring about less inequality between States than at present exists.

Handbook Of Roman Law, By Max Radin, Paul L. Sayre

Indiana Law Journal

No abstract provided.

Natural Law In American Constitutional Theory, Fowler Vincent Harper

Michigan Law Review

Natural law has had many meanings and diversified interpretations. Whether in the form of jus naturale, the law of nature, the law of reason, lex naturalis, lex aeterna, natural justice, or due process of law; natural law, in the broadest sense, has evolved as the needs of a particular civilization and the endeavors of its legal scholars have directed. It is significant, however, that as a philosophy of law, natural law continues to thrive, although the particular system which one community constructs may be abandoned by succeeding generations. Periods of growth in the law have been frequently accompanied …

A Rational Theory For Joinder Of Causes Of Action And Defences, And For The Use Of Counterclaims, William Wirt Blume

Michigan Law Review

In discussing, first, the joinder of actions it will be convenient to consider three groups or classes of cases:

Class I : Where one plaintiff (or joint plaintiffs) unites in a single proceeding two or more causes of action against one defendant (or joint defendants).

Class 2: "Where two or more plaintiffs, each having a cause of action against the same party (or parties), unite their causes of action in one proceeding.

Class 3: Where one plaintiff (or joint plaintiffs) having several causes of action, each against a different party, unites them in one proceeding.

In considering each group or …

Letter, 1927-09, Callie Gaines To George L. Gaines; Alludes To Health Difficulties, Possibly Of One Of Lloyd's Siblings, And To Possibility Of Moving From Mississippi To Missouri., Callie Gaines

Gaines Family Correspondence

Envelope: Postmarked Water Valley, Miss., Sept. 19, 1927, 1:30pm. Cancelled 2 cent stamp. Addressed to Mr. George D. Gaines, 200 So. Leffingwellabe, St. Louis, MO. Letter is 3 pages, lined paper with pencil. Alludes to health difficulties, possibly of one of Lloyd's siblings, and to possibility of moving from Mississippi to Missouri.

The First Edition Of Blackstone's Commentaries, Charles Mccamic

West Virginia Law Review

No abstract provided.

The Lawyer's Dictionary For 1927, James J. Robinson

Indiana Law Journal

No abstract provided.

The Early Liability Of A Bailee, Norman F. Arterburn

Michigan Law Review

All discussion of the origin of the absolute liability of a common carrier of goods naturally harks back to the earliest conception of a bailment and its related remedies. We have had two diametrically opposed views urged as to the first liability of the ordinary bailee. Justice Holmes and numerous other authorities take the view that the liability in the' first instance was absolute in the case of all bailees. Professor Beale is the exponent of the opposing view, that such liability was qualified to such an extent that it amounted in fact, only to negligence liability. An interpretation of …

The Primitive Character And Origin Of The Bonorum Possessio, George M. Bush

Michigan Law Review

The Bonorum Possessio, or Praetorian inheritance or succession, is one of the most important, complicated and difficult sections in the study of the Private law of Rome. This subject is not well known to students of Roman law, although so far it has been the object of much research on the part of many German and a few French, scholars.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

The Inns Of Court, Frank E. Holman

Washington Law Review

The tendency of modern lawyers is to permit the profession to become a mere business and to give little or no attention to the tradition and romance of the law. During more than five centuries the Inns of Court have occupied an important place in the history and development of our jurisprudence. The constant growth and continuity which characterizes the great body of English law is not found in the native or national law of continental countries like France and Germany. Toward this characteristic entirety of English law the Inns of Court have contributed largely, for through the centuries of …

Chief Sources Of English Legal History, By Percy Henry Winfield, Paul L. Sayre

Indiana Law Journal

No abstract provided.

The Pandex, Volume Xxiii

Kansas City School of Law Pandex Collection

Yearbook for Kansas City School of Law in Kansas City, Missouri, includes photos of and information about the school, student body, professors, and organizations.

Benefit Of Clergy--A Legal Anomaly, Newman F. Baker

Kentucky Law Journal

No abstract provided.

A Review Of The Pardoning Power, Harold W. Stoke

Kentucky Law Journal

No abstract provided.

International Unions For The Protection Of Industrial, Literary And Artistic Property, M. Ostertag

Michigan Law Review

The League of Nations, whose guests we presently are in this handsome city of Geneva, is certainly the most· important of the associations of states because its purpose, the peace of the world, is the most noble. It is also one of the youngest of such associations. You do me a great honor, Ladies and Gentlemen, in asking me to introduce to you today two much older sisters of the League of Nations, sisters whose reputation is indeed less brilliant and universal, but of whom people may perhaps say what they say of married ladies: "The best are always those …

A Monument To The American Sense Of Justice, Wade Millis

Michigan Law Review

In this national anniversary year of profound memories we meet in a garden spot of Michigan within the boundaries of a county that possesses high distinction in being the theatre of important historical events and the home of many who have been notable for their achievements in the profession of the law and in the broad fields of statesmanship.

Curiosities Of The Law-Mandatory Injunctions In The Double Negative

Michigan Law Review

The ridiculous practice of framing mandatory injunctions in the double negative seems to have originated in the famous case of Lane v. Newdigate. The bill was filed by a tenant of a water power mill against his landlord, who owned other lands upon the mill stream, to enforce covenants in the lease, praying specifically that defendant be decreed to remove certain locks which he had erected and restore certain gates and canals which he had destroyed or failed to keep in repair. The case came before Lord Eldon on a motion for a temporary injunction, which was heard ex …