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Full-Text Articles in Law
What's Standing After Lujan? Of Citizen Suits, "Injuries," And Article Iii, Cass R. Sunstein
What's Standing After Lujan? Of Citizen Suits, "Injuries," And Article Iii, Cass R. Sunstein
Michigan Law Review
In this article, I have two principal goals. The first is to explain why Lujan's invalidation of a congressional grant of standing is a misinterpretation of the Constitution. It is now apparently the law that Article III forbids Congress from granting standing to "citizens" to bring suit. But this view, building on an unfortunate innovation in standing law by Justice William 0. Douglas, is surprisingly novel. It has no support in the text or history of Article III. It is essentially an invention of federal judges, and recent ones at that. Certainly it should not be accepted by judges …
Torts - Liability Of Owners Of Baseball Park - Spectator Struck By Batted Ball
Torts - Liability Of Owners Of Baseball Park - Spectator Struck By Batted Ball
Michigan Law Review
The plaintiff, a spectator at a baseball game, brought an action to recover for injuries sustained when he was struck by a foul ball. He was sitting in a reserved seat, but in a section of the grandstand not protected by a wire netting. Despite novel allegations designed, apparently, to suggest plaintiff's right to rely on the implication that a "reserved seat" is one which is located back of a protecting screen, and, further, to deny any μappreciation of the risk, on plaintiff's part, by suggesting that, at sixty-four, he was subject to the failing eyesight which customarily accompanies that …
Negligence - Negligent Failure Of Principal To Promulgate Adequate Regulations For Safe Discharge Of Pupils, John M. Ulman
Negligence - Negligent Failure Of Principal To Promulgate Adequate Regulations For Safe Discharge Of Pupils, John M. Ulman
Michigan Law Review
The infant plaintiff, during the dismissal of her class, was pushed or thrown from an exterior stairway by a fellow pupil. As a consequence she sustained personal injuries. She sued the city, the board of education, the principal of the school, and the teacher. Held, that whether the principal was negligent in failing to promulgate more adequate regulations for the safe discharge of the pupils was a question of fact for the jury. Thompson v. Board of Education of City of New York, 255 App. Div. 786, 6 N. Y. S. (2d) 921 (1938).
Foreign Enforcement Of Actions For Wrongful Death, William H. Rose
Foreign Enforcement Of Actions For Wrongful Death, William H. Rose
Michigan Law Review
Actions for wrongful death have a long history in the common law. Homicide was once a private matter giving rise to the blood feud and later to the wergild, whereby a money substitute replaced private warfare. With the development of criminal law the crown took jurisdiction over all killings. At a time when all felonies carried with them the death penalty, forfeiture of chattels and escheat of lands, the right to sue for wrongful death was scarcely of practical importance. This was especially so since felony included negligent killing, and even an accidental killing required the king's pardon if …
Actions-Single Injury To Person And Property As One Cause Of Action
Actions-Single Injury To Person And Property As One Cause Of Action
Michigan Law Review
The plaintiff suffered personal injuries and damage to his truck when the truck which he was driving collided with an automobile driven by the defendant's intestate, the latter being killed instantly by the collision. The plaintiff then brought this action alleging that the collision was caused by the intestate's negligence and asking damages for both personal and property injuries. The defendant contended that since his intestate was killed by the very blow which caused damage to the plaintiff no action lay against the intestate in his lifetime and since there was no statute giving an action against his administrator, the …
Conflict Of Laws-Foreign Tort-Survival Of Action
Conflict Of Laws-Foreign Tort-Survival Of Action
Michigan Law Review
Plaintiff, defendant, and defendant's intestate were all residents of Minnesota. Plaintiff was injured in Wisconsin due to the negligence of the defendant's intestate. Under Wisconsin statute (Laws of Wis., 1927, sec. 287.01) such cause of action survived against the estate of the wrongdoer. By express statute in Minnesota (Minn. Gen. Stat. 1923, sec. 9656) the rule of the common law applied to such actions and they abated on the death of the wrongdoer. Plaintiff sued the defendant executor in Minnesota. Held, that the lex loci delicti governed and the action did not abate. Chubbuck v. Holloway (Minn. 1931) 234 …
Master And Servant-Parent And Child-Liability Of Master When Servant Negligently Injures His Own Son
Master And Servant-Parent And Child-Liability Of Master When Servant Negligently Injures His Own Son
Michigan Law Review
Plaintiff was injured through the negligence of his father who was employed by the defendant. The parent was acting within the scope of his employment at the time of the injury. Held, plaintiff could recover from his father's employer, even though the child could not have sued his father. Chase v. New Haven Waste Material Corporation (Conn. 1930) 150 Atl. 107.