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Full-Text Articles in Law

Growth And Development Of The Police Power Of The State, Collins Denny Jr Dec 1921

Growth And Development Of The Police Power Of The State, Collins Denny Jr

Michigan Law Review

The police power of the state is one of the most difficult phases of our law to understand, and it is even more difficult to define it and to place it within any bounds. In speaking of this power the court has recently said: "It extends not only to regulations which promote the public health, morals, and safety, but to those which promote the public convenience or the general prosperity. * * * It is the most essential of powers, at times the most insistent, and always one of the least limitable of the powers of government."' The term is …


Trust Company In Michigan, Ralph Stone May 1921

Trust Company In Michigan, Ralph Stone

Michigan Law Review

A trust company in Michigan is a financial and business institution. It came into being, in this state -as elsewhere, in response to the need for an efficient and business-like organization to administer estates and trusts of all kinds as a relief to the individual executor, administrator and trustee. The ever -increasing complications of business and finance placed a burden upon the individual- the relative, the friend, or the business associate-which he found he could not carry without considerable sacrifice either to his own interests or to those of the trust. Those who create trusts either by will, or private …


The Court Of Industrial Relations In Kansas, H W. Humble May 1921

The Court Of Industrial Relations In Kansas, H W. Humble

Michigan Law Review

Most of the articles which have heretofore appeared in print in reference to the new Court of Industrial Relations in Kansas have beet taken up with such matters as the nationality of Alexander Howat; president of the 'Kansas district of the United Mine Workers, the cost and frequency of strikes among miners, the ideals of Governor Henry J. Allen and others responsible for the creation of the new Court and the like. But little has found its way -into print in the way of an exact analysis of the jurisdiction, powers and methods of procedure of this'tribunal. Such an analysis …


Rent Regulations Under The Police Power, Alan W. Boyd Apr 1921

Rent Regulations Under The Police Power, Alan W. Boyd

Michigan Law Review

Conditions resulting from the widespread housing shortage caused by the cessation of building during the war have given rise to legislation which must seem startling indeed to much of the legal talent surviving from a generation ago. The outstanding example is to be found in the New York laws which so far have succeeded admirably in eluding the constitutional pitfalls relied upon to nullify them. Three provisions have borne the brunt of the attack. The first prevents the recovery of an unreasonable rent in an action at law, and places the burden of showing reasonableness upon the landlord." Another suspends …


History Of Michigan Constitutional Provision Prohibiting A General Revision Of The Laws, W L. Jenks Apr 1921

History Of Michigan Constitutional Provision Prohibiting A General Revision Of The Laws, W L. Jenks

Michigan Law Review

Alone among the states of the Union, Michigan has, since i85o, pr6hibited any general revision of the laws and permits only a compilation of laws in force without alteration. As practically all the neighboring states, as well as New York, from which much of the early legislatiorf of Michigan was derived, have continued to revise their statutes from time to time, it may be interesting to see why Michigan alone has thought it desirable not only to stop the practice which it followed until I85o, but to prevent effectually its legislature from ever attempting it in the future.


Departure From Precedent, H W. Humble Apr 1921

Departure From Precedent, H W. Humble

Michigan Law Review

With the death of the reason for it, every legal doctrine dies.' * * * The fact that the reason for a given rule perished long ago is no just excuse for refusing now to declare the rule itself abrogated, but rather the greater justification for so declaring; and if no, reason ever existed, that fact furnishes additional justification. The doctrine of stare decisis does not preclude a departure from precedent established by a series of decisions clearly erroneous, unless property complications have resulted and a reversal would work a greater injury and injustice than would ensue by following the …


New Hampshire Constitutional Convention, Leonard D. White Feb 1921

New Hampshire Constitutional Convention, Leonard D. White

Michigan Law Review

New Hampshire's tenth constitutional convention, upon whose labors the voters will pass judgment in November, 1920, offers a striking contrast to most constitutional conventions of recent years.' It met originally in June, 1918, sat for three days, during which it organized, appointed its committees, debated andt disposed of an important constitutional question, and then adjourned awaiting the quieter days of peace. Upon reconvening in January, igo, it concluded its work within seventeen days, at an expense of less than $5oooo, and proposed only seven amendments, five of which had been submitted to the voters by previous conventions. For a body …