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Articles 1 - 22 of 22
Full-Text Articles in Law
Mississippi Blue Book. Biennial Report Of The Secretary Of State To The Legislature Of Mississippi. [1933-1935], Mississippi. Secretary Of State
Mississippi Blue Book. Biennial Report Of The Secretary Of State To The Legislature Of Mississippi. [1933-1935], Mississippi. Secretary Of State
Mississippi Blue Books
No abstract provided.
Constitutional Law-Conservation Of Waters-Validity Of Statute Limiting Riparian Rights
Constitutional Law-Conservation Of Waters-Validity Of Statute Limiting Riparian Rights
Michigan Law Review
By the common law a riparian owner on a non-navigable stream has a vested right in the continuous natural flow of the stream on or bordering his land. An Oregon statute undertakes to cut down this right; it provides that a riparian owner's vested right to the continuous flow of the stream is limited to such flow as is necessary to preserve to him the beneficial uses to which he is already putting the water. Inasmuch as the right to the full continuous flow as against non-riparian appropriators is really a right to insist upon the availability of the stream …
The West Virginia Municipal Home Rule Proposal, Jeff B. Fordham
The West Virginia Municipal Home Rule Proposal, Jeff B. Fordham
West Virginia Law Review
No abstract provided.
The Unicameral Legislature In Nebraska, Lester B. Orfield
The Unicameral Legislature In Nebraska, Lester B. Orfield
Michigan Law Review
It is perhaps not exaggerating to say that no more far-reaching innovation in state government has been adopted in recent years than Nebraska's unicameral legislature. It is an axiom of political science - somewhat modified, to be sure, by the growth of administrative tribunals - that there are three branches of government: legislative, executive and judicial. Nebraska has drastically changed the first of these three by adopting a single-house legislature. This question whether the legislature shall consist of one or two houses has become the chief problem of legislative structure during recent years. The model state constitution drafted by the …
Model Law For Planning Cities, Counties And States, Jeff B. Fordham
Model Law For Planning Cities, Counties And States, Jeff B. Fordham
West Virginia Law Review
No abstract provided.
Legislative Attack On "Heart Balm", Nathan P. Feinsinger
Legislative Attack On "Heart Balm", Nathan P. Feinsinger
Michigan Law Review
Public resentment over the abuses incident to "heart balm" suits has recently culminated in sweeping legislative reform. Through the repeated efforts of a woman legislator, Indiana has abolished actions for seduction of females over twenty-one years of age, for breach of promise to marry, and for criminal conversation and alienation of affections. Almost immediately New York, and shortly thereafter Illinois, passed similar legislation, and at least ten other states are now considering analogous proposals.
Bills And Notes - Bad Faith On Part Of Pledgee Taking Bonds
Bills And Notes - Bad Faith On Part Of Pledgee Taking Bonds
Michigan Law Review
Defendant, a Wisconsin firm, issued certain bearer bonds secured by a mortgage held by the T corporation, as trustee. A provision in the mortgage defining the duties of the trustee in the disposition of bonds delivered to it was incorporated into the bonds by reference. The trustee being insolvent, plaintiff bank, as pledgee of some of the bonds taken to secure personal loans to the trustee, petitioned the referee in bankruptcy for permission to sell them, claiming to be a bona fide pledgee for value. Held, since federal courts are bound to follow state decisions interpreting state statutes declaratory …
Constitutional Law -Validity Of State Mortgage Moratorium Statutes - Effect Of Emergency
Constitutional Law -Validity Of State Mortgage Moratorium Statutes - Effect Of Emergency
Michigan Law Review
A Maryland statute provided that mortgagees holding less than a 25 per cent interest in a mortgage could not have recourse to summary remedies for sale of mortgaged property during an emergency period declared to exist until June 1, 1935. Plaintiff, the holder of such an interest in a mortgage providing for summary proceedings for sale upon default, had the right to foreclose in this manner, mortgagor having defaulted, if the statute did not bar his action. Held, the remedies denied were so interwoven with the rights contracted for that the abolition of such remedies impaired the right, and …
Criminal Law And Procedure -Automobiles - Constitutional Law-Criminal Liability Of Owner Of Automobile
Michigan Law Review
The recent decision of the Supreme Judicial Court of Massachusetts in the case of Commonwealth v. Ober has brought to the fore a serious administrative problem arising out of the enforcement of traffic regulations. The problem is particularly acute in the illegal parking cases. Here it is usually impossible for the policeman to do more than tag the car, take down its registration number, and institute proceedings against the registered owner. The difficulty also often occurs in many other situations such as driving through red lights or stop streets where the offense is observed by a patrolman standing near by …
Special Assessments - Constitutionality Of Legislation Modifying Means Of Enforcement Of Special Assessment Liens
Michigan Law Review
An Arkansas statute, affecting the mortgage securing certain special assessment bonds, provided, inter alia, for the extension of the interval between default in payment and sale under foreclosure from sixty-five days to at least two and a half years, reduced the penalty for non-payment from twenty per cent to three per cent, and provided that the possession of the delinquent property owner be undisturbed for four years after sale on foreclosure, thus modifying the law existing at the time the bonds were issued. The United States Supreme Court held the statute to be invalid as violating the constitutional prohibition …
Streets--Dedication By Record Plat--Conditions, Charles C. Wise Jr.
Streets--Dedication By Record Plat--Conditions, Charles C. Wise Jr.
West Virginia Law Review
No abstract provided.
The Problem Of Financing Municipal Capital Outlays In West Virginia, Robert L. Merricks
The Problem Of Financing Municipal Capital Outlays In West Virginia, Robert L. Merricks
West Virginia Law Review
No abstract provided.
Swift V. Tyson And The Construction Of State Statutes, Jeff B. Fordham
Swift V. Tyson And The Construction Of State Statutes, Jeff B. Fordham
West Virginia Law Review
So much has been written for the law reviews about the doctrine of Swift v. Tyson that it has become a part of the etiquette of the business to explain oneself before adding to the overgrown literature of the subject. It is now nearly a century since this nationalistic doctrine was written into our case law. There has been some vacillation and even more confusion in its exposition but in the large it has steadily become more deeply entrenched and more widely applied in the teeth of the persistent and highly critical opposition of legal writers. But now, in a …
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 …
Sales - Chattel Mortgages Under The Bulk Sales Statutes
Sales - Chattel Mortgages Under The Bulk Sales Statutes
Michigan Law Review
Gessaman, who was a dealer in new and used automobiles, was indebted to the bank and other creditors. While so indebted, he executed and delivered to the acceptance corporation a chattel mortgage upon all the furniture, fixtures, equipment and supplies used in the business. Later the mortgagee took possession of the chattels without suit, and immediately afterward Gessaman was adjudged a bankrupt. The trustee, in behalf of the bank and other creditors, seeks to subject the chattels to a trust in the hands of the acceptance corporation upon the claim that the chattels were taken under a sale in violation …
Book Review, Clarence Emmett Manion
Book Review, Clarence Emmett Manion
Journal Articles
Reviewing: Indiana Law-Future Interests, Wills, Descent, by Bernard C. Gavit.(Bloomington: The Principia Press, Inc. 1934).
Public Utilities - Holding Companies - Power Of State Commission To Regulate Intercorporate Charges
Public Utilities - Holding Companies - Power Of State Commission To Regulate Intercorporate Charges
Michigan Law Review
The Public Service Commission of Kansas issued an order directing nine local gas companies to cease setting up as an item of operating expense more than a certain amount for gas being furnished the companies by an interstate pipe line company. The nine distributing companies and the pipe line company, all of which were affiliated companies within the meaning of a Kansas statute and ultimately controlled by the same holding company, secured an injunction in the three-judge federal court, and the commission appealed to the United States Supreme Court. Held, that the injunction should not have been granted. State …
Proposed Criminal Code Changes For Kentucky As Recommended In The Report In 1934 Of The Kentucky State Bar Association's Committee On The Code Of Criminal Procedure Of The American Law Institute, John A. Geyer, George T. Skinner
Proposed Criminal Code Changes For Kentucky As Recommended In The Report In 1934 Of The Kentucky State Bar Association's Committee On The Code Of Criminal Procedure Of The American Law Institute, John A. Geyer, George T. Skinner
Kentucky Law Journal
No abstract provided.
Carriers--Limitation Of Actions For Recovery Of Overcharges In Kentucky, J. E. Marks
Carriers--Limitation Of Actions For Recovery Of Overcharges In Kentucky, J. E. Marks
Kentucky Law Journal
No abstract provided.
Constitutionality Of The Kentucky Statute Refusing A New Trial Because Of The Smallness Of Damages, W. T. Drury
Constitutionality Of The Kentucky Statute Refusing A New Trial Because Of The Smallness Of Damages, W. T. Drury
Kentucky Law Journal
No abstract provided.
The Status Of Creditors In Bankruptcy Administration In Kentucky, D. A. Sachs Jr.
The Status Of Creditors In Bankruptcy Administration In Kentucky, D. A. Sachs Jr.
Kentucky Law Journal
No abstract provided.
Cooperation Between The Interstate Commerce Commission And The State Commissions In Railroad Regulation, Martin L. Lindahl
Cooperation Between The Interstate Commerce Commission And The State Commissions In Railroad Regulation, Martin L. Lindahl
Michigan Law Review
Cooperation between the Interstate Commerce Commission and the state commissions in railroad regulation has been developed to increase the effectiveness of public control under our dual regulatory system. The division of power between federal and state governments, based upon the traditional distinction between interstate and intrastate commerce, has led to a multitude of diverse and conflicting statutes and administrative orders applicable to the same set of transportation agencies. In large measure the problem of dual control has been solved by giving to the federal government a virtually complete occupancy of the fields of rate, finance, and service regulation of interstate …