Law Commons^™

The Juridical Nature Of The State, Sir Paul Vinogradoff

Michigan Law Review

Of all varieties of social co-operation, one dominates the others. It is the State, and a fundamental problem in every system of law consists in settling the legal relations between the State and its members- both the individuals and the juridical persons.

The Federal Uniform Procedure Bill

Michigan Law Review

After eleven long years of reposing in the files of the judiciary committees, the Federal Procedure Bill (S. 2061), sponsored by the Committee on Uniform Judicial Procedure of the American Bar Association, has finally been favorably reported by the Judiciary Committee of the Senate, and the patron of the bill, Senator A. B. Cummins, will call it up for passage during the early days of the December session of Congress. For eleven long years opponents of the bill have succeeded in keeping it in committee files, and it is to be expected that the proponents of the measure will have …

Legal Standards And Ideals, Sir Paul Vinogradoff

Michigan Law Review

Provisions for the settling of conflicts constitute the greater part of any legal system. These conflicts are not entirely governed by self interest and the idea of ethical duty does not disappear from them: it asserts itself in the shape of the balance to be established ·by the court: while every litigant presses for the satisfaction of his own claims society is called upon to adjudicate fairly between the parties: the moral notion of justice appears as the impartial attribution of what everyone in society ought to have by right. We make distinctions between men in accordance with their greater …

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Dower In Judicial Actions, Clarence E. Martin

West Virginia Law Review

No abstract provided.

Recognition Of New Types Of Negotiable Instruments, Ralph W. Aigler

Articles

“The expression ‘negotiable instrument’ is one of variable meaning, and what is meant thereby often can be determined only by the context… Primarily ‘negotiable’ indicates transferability with a certain facility…..

“It may be not without interest to consider how instruments gain the negotiable quality and to trace, sketchily perhaps, the process of recognition.”

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Contracts--Modern Rules As To Past Consideration Furnished At Request

Michigan Law Review

Very early in the history of contract law it was recognized that goods delivered or services rendered in the past could not furnish valid consideration for a present promise, for there was no quid pro quo, no element of exchange. But the equities in favor of the promisee in such cases, in view of the fact that assumpsit would lie only on an express promise, were frequently so strong that in 1615 we find an exception created. Lampleigh v. Brathwait, Hobart 105, held, that if the past services or goods had been furnished at request, the present promise …

The Passing Of The Partnership By Operation Of Law

Michigan Law Review

A case recently decided in the United States Supreme Court, Giles et al. v. Vette et al., Sup. Ct. U. S. Adv. Ops. Jan. 7, 1924, No. 59, gives us another illustration of the clever way in which the codifiers of the UNIFORM PARTNERSHIP ACT steered their course between the epithetical jurisprudence, built upon the case of Waugh v. Carver, [1793] 2 Henry Blackstone, 235, and the jurisprudence of realities, derived from the interpretation of Cox v. Hickman, [1861] 8 H. of L. cases, 268, by the English court in Mollwo v. Court of Wards, [1872] …

Two Claims To Fleta's Honors, Boris M. Komar

West Virginia Law Review

No abstract provided.

Commercial Instruments, The Law Merchant And Negotiability, Ralph W. Aigler

Articles

“Until recently apparently no serious attempt had been to make a comprehensive examination into the origins and history of commercial instruments or to explain the special doctrines attached to negotiability….

“The bill of exchange, it is said, developed as a bit of machinery to give effect to the medieval contract of cambium which was concerned with the special case of the exchange of money for money. With the growth of foreign trade the difficulties and dangers of payments multiplied. Naturally those whose business it was to exchange monies were resorted to in this connection. They, in turn, out of necessities …

The Occupation Of Michigan, Elbridge Colby

Michigan Law Review

The British military occupation of Michigan during the war of 1812 had no real military importance. The events leading up to it were then discussed, and have since been, more as a matter of the propriety or impropriety of the conduct of General Hull and the ineffectiveness of our national military organization for war. From the standpoint of politics the incident is of slight significance. But from the standpoint of the history of belligerent occupations and military government it illustrates and touches upon several distinctly legal points.

Arrest Without A Warrant, Horace L. Wilgus

Michigan Law Review

The word arrest comes from the Latin through the French, and literally means to stop, stay or restrain. In law it relates to restraints upon a person's liberty of locomotion, movement from place to place. To require one to keep her mouth shut is not an arrest, even if wrongful. Every detention or "confinement of the person is an imprisonment, whether it be in a common prison, or private house, or in the stocks," or in the open street or elsewhere. Where codes define false imprisonment "as the unlawful violation of the personal liberty of another," the gist of the …

What The American Law Institute Means To The Law School, Herbert F. Goodrich

Articles

"While in no sense a law school affair, the American Law Institute is so intimately connected with the progress of the law and legal education that it justifies mention here. The Institute was organized at a meeting of judges, lawyers and law teachers, held in Washington in February, 1923.... The Law School of the University of Michigan is and will continue to be intimately connected with this movement for the improvement of the law...."

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

The Pandex, Volume Xx

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, 1924, 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, 1924, Volume 2, 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, 1924, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

The Sources, Progress And Printed Evidences Of The Written Law In Kentucky: Part I, Lyman Chalkley

Kentucky Law Journal

No abstract provided.

The Sources, Progress And Printed Evidences Of The Written Law In Kentucky: Part Ii, Lyman Chalkley

Kentucky Law Journal

No abstract provided.

Journal Of The Senate Of The Commonwealth Of Kentucky, 1924, Volume One, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

Published proceedings of the Senate of the Commonwealth of Kentucky for the 1924 term. This volume covers January 8, 1924 to February 18, 1924.

Journal Of The Senate Of The Commonwealth Of Kentucky, 1924, Volume Two, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

Published proceedings of the Senate of the Commonwealth of Kentucky for the 1924 term. This volume covers February 19, 1924 to March 6, 1924.

Journal Of The Senate Of The Commonwealth Of Kentucky, 1924, Volume Three, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

Published proceedings of the Senate of the Commonwealth of Kentucky for the 1924 term. This volume covers March 7, 1924 to March 19, 1924. This volume includes the index for all three volumes.

The Equality Of States, A Study In The History Of Law, Edwin D. Dickinson

Reviews

"This is a reprint in book form of three essays recently published by Dr. Goebel in the Columbia Law Review. The author attempts, as he himself has expressed it, 'to indicate that the historical background of the doctrine of equality of states in international law is of considerable importance not only for the purpose of fixing the origin of the doctrine as a coherent principle of law, but also because it indicates how necessary and inevitable the notion has been from the very inception of international relationships in Europe.'"

Private Ownership -- Its Characteristics And Legal History In The United States, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

What Is Consideration In The Anglo-American Law Of Contracts?, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

Perpetuity Statutes, Edwin C. Goddard

Michigan Law Review

The common law of perpetuities is one of the most interesting examples of almost pure judicial legislation. De Donis, The Statutes of Uses and of Wills, but· gave wider scope to the development by the courts of rules of law to thwart the attempt of the great landowners to tie up their landed estates in their families in perpetuity. One body of rules to this end limited restraints upon alienation, another the creation of future interests vesting at too remote a period. Restriction of restraints upon alienation, and the rule against perpetuities, these two were developed for the same end, …

Amendments To The Constitution Of Missouri Proposed By The Constitutional Convention, 1922-1923, And The Address To The People : To Be Submitted At Special Election To Be Held Tuesday, February 26, 1924

Missouri Constitutional Sections Related to Race and Education

No abstract provided.

The Separation Of Powers, John A. Fairlie

Michigan Law Review

One of the characteristics of both national and state governments in the United States is the existence of three separate departments,--the legislative, executive, and judicial, each coordinate and in the main independent of the others. The Constitution of the United States establishes three such departments,--Congress with legislative power, the President with executive power, and the Supreme Court and other United States courts to be established by law, with judicial power. Each of the state constitutions also provides for three similar departments in the state government.