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Articles 1 - 10 of 10
Full-Text Articles in Law
Chancery Practice On The American Frontier: A Study Of The Records Of The Supreme Court Of Michigan Territory, 1805-1836, William Wirt Blume
Chancery Practice On The American Frontier: A Study Of The Records Of The Supreme Court Of Michigan Territory, 1805-1836, William Wirt Blume
Michigan Law Review
The act of Congress of January 11, 1805, which created Michigan Territory out of Indiana Territory, provided that the new territory should have a government "in all respects similar" to that provided for the Northwest Territory by the Ordinance of 1787. The Ordinance had provided for the appointment of a court to consist of three judges who should have "a common law jurisdiction. "
Admiralty - Wrongful Death Statutes - Use Of State Law, Louis Frey
Admiralty - Wrongful Death Statutes - Use Of State Law, Louis Frey
Michigan Law Review
Petitioner's decedent, a carpenter, was employed by a contractor hired to repair the Bonneville Dam, which is owned and operated by the United States. During the course of his employment, decedent was drowned when the boat he was in capsized in the water below the dam. Petitioner sued the United States in federal district court under the Federal Tort Claims Act, alleging that the accident was caused by the negligence of employees of the United States who were operating the dam. The claim was based on the Oregon Wrongful Death Statute and on the Oregon Employer's Liability Law, which, in …
Stason, Estep & Pierce: Atoms And The Law, David F. Cavers
Stason, Estep & Pierce: Atoms And The Law, David F. Cavers
Michigan Law Review
A Review of ATOMS AND THE LAW. By E. Blythe Stason, Samuel D. Estep, and William J. Pierce.
Regulation Of Business - Sales - Below-Cost Statutes - The Elements Of Violations And The Defense Of Meeting Competition, Robert B. Jones S.Ed.
Regulation Of Business - Sales - Below-Cost Statutes - The Elements Of Violations And The Defense Of Meeting Competition, Robert B. Jones S.Ed.
Michigan Law Review
The purpose of this comment is to discuss two controversial aspects of the sales-below-cost statutes: (1) the intent or effect required for a :finding of violation and (2) the defense of meeting competition.
Bankruptcy - Creditor's Right Against Entirety Property - Applicablity Of State Law When United States Is Plaintiff, James Cripe
Bankruptcy - Creditor's Right Against Entirety Property - Applicablity Of State Law When United States Is Plaintiff, James Cripe
Michigan Law Review
The United States as assignee sought a joint judgment on four unsecured promissory notes signed by the defendants, who are husband and wife. The proceeds of the notes were used to improve real property held by the entireties by the defendants. The husband had filed in bankruptcy before the assignment of the notes to plaintiff and was discharged from his joint and several liability on the promissory notes prior to the commencement of any action on them. His estate by the entireties, however, was not used to satisfy any listed debts because under state law he had no divisible title …
Constitutional Law - Substantive Due Process - Statute Prohibiting Use Of Contraceptives, Erik J. Stapper S.Ed.
Constitutional Law - Substantive Due Process - Statute Prohibiting Use Of Contraceptives, Erik J. Stapper S.Ed.
Michigan Law Review
A Connecticut statute prohibits the use of contraceptives to prevent conception. Plaintiff-doctor sought a declaratory judgment to have the statute declared unconstitutional as an unreasonable restraint on his right to practice his profession inasmuch as his advice would render him an accessory to a violation of the statute. Three companion cases were also brought, one by a patient to whom another pregnancy would present serious danger, and two by married couples who could not give birth to normal children. The patients claimed that the statute deprived them of the doctor's best medical advice which would relieve them of a dangerous …
Comparative Negligence And Automobile Liability Insurance, Cornelius J. Peck
Comparative Negligence And Automobile Liability Insurance, Cornelius J. Peck
Michigan Law Review
The purpose of this article is not to re-plow the ground of history, case law, and statutory developments which has been so competently tilled by others. Nor is the purpose to give a detailed consideration of each of the practical matters mentioned above. Instead, the focus of this article is on the relationship between comparative negligence and automobile liability insurance. Insurance rates and accident statistics, rather than rules of law and cases, are the primary materials. Such a consideration of the subject it might be hoped would give a positive and substantiated answer to the frequently debated but never documented …
Property - Powers - State Powers Statutes Protecting Creditors And Requiring Formal Execution, Robert A. Smith S. Ed.
Property - Powers - State Powers Statutes Protecting Creditors And Requiring Formal Execution, Robert A. Smith S. Ed.
Michigan Law Review
The first part of the comment considers the elevation sections of the statute-sections that change the donee's interest in the appointive or dispositive property to a fee for the benefit of creditors. The second part considers the execution sections of the statute-sections that subject the execution of powers to conveyancing requirements. These sections are of the utmost significance to estate planners.
Municipal Corporations- Tort Immunity - Liability For Personal Injuries Caused By Nuisance Maintained By City, James Hourihan
Municipal Corporations- Tort Immunity - Liability For Personal Injuries Caused By Nuisance Maintained By City, James Hourihan
Michigan Law Review
Plaintiff, while in the bathhouse of a municipally owned and operated swimming pool, was injured by a shock received from an electric hair dryer. In sustaining plaintiff's claim against the city for damages, the trial court recognized liability for personal injuries caused by a nuisance created and maintained by a city as an exception to the common law doctrine of municipal immunity from tort liability. On appeal, held, reversed. The nuisance exception from a municipality's common law immunity extends only to injuries to real property occasioned by a municipally created and maintained nuisance. City of Decatur v. Parham, …
Insurance - Regulation - The Extraterritorial Effect Of Insurance Regulation, With Particular Emphasis On New York, Bartlett A. Jackson S.Ed.
Insurance - Regulation - The Extraterritorial Effect Of Insurance Regulation, With Particular Emphasis On New York, Bartlett A. Jackson S.Ed.
Michigan Law Review
The past fifteen years have seen extensive examination of the process of regulation of the insurance industry. The recognition that insurance is interstate commerce has caused a reappraisal of the traditional system of state regulation. This examination has been primarily oriented toward determining whether diverse regulation by the various states is adequate in the light of the possibility of centralized federal control.