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Articles 15901 - 15930 of 16693

Full-Text Articles in Law

Criminal Law In Action- Carrying Concealed Weapons - Chicago Statistics, John Barker Waite Nov 1933

Criminal Law In Action- Carrying Concealed Weapons - Chicago Statistics, John Barker Waite

Michigan Law Review

Lawyers are beginning to recognize, though slowly, that enforcement and administration of law are affected more by the psychological conditioning and the character of its administrators than by the content of the law itself. This basis of difference is well demonstrated by some data of Chicago criminal court operations as compared with similar proceedings before Detroit judges.


The Public Services Commission Of Maryland, Robert A. Maurer Jun 1933

The Public Services Commission Of Maryland, Robert A. Maurer

West Virginia Law Review

No abstract provided.


Mortgages - Assignment Of Rents And Profits - Michigan Statute Jun 1933

Mortgages - Assignment Of Rents And Profits - Michigan Statute

Michigan Law Review

There may be times when legislative action is so obviously dependent upon contemporary circumstances, or when its roots lie so near the chronological surface, that no study of background is possible or necessary. Such is not the case, however, with anything relating to mortgage law; it is too deeply imbedded in our legal system. And though its history be familiar it is felt that a brief review will not be out of place in considering a comparatively recent Michigan statute authorizing the assignment of rents and profits.


Executive Power In Emergencies, Maurice S. Culp Jun 1933

Executive Power In Emergencies, Maurice S. Culp

Michigan Law Review

The events of the last few months indicate that the American chief executive is capable of vigorous action in emergencies. The executive frequently has to use the armed forces of the State or Nation in the performance of his duty to see that the laws are faithfully executed in troubled districts, but it is a new experience to have the governors and the President take emergency measures in combatting a depression. The banking crisis, which first received executive notice in Nevada last November and which attained alarming proportions with Governor Comstock's "bank holiday" in Michigan, culminated in the national holiday …


State Regulation Of Interstate Motor Carriers, Paul G. Kauper Jun 1933

State Regulation Of Interstate Motor Carriers, Paul G. Kauper

Michigan Law Review

After the decision in Buck v. Kuykendall, the question naturally arose whether a State could require an interstate carrier to obtain a certificate of public convenience and necessity in order to engage in intrastate business. The question is important because it is possible that interstate business cannot be conducted profitably on a given route without the benefit of supplemental earnings derived from intrastate business. No doubt was entertained by state commissions after the Buck case that they could still exercise plenary control over the intrastate operations of interstate carriers, and deny them permission to engage in intrastate business if …


Corporations - Dissenting Stockholder's Suit -Conditional Decree Jun 1933

Corporations - Dissenting Stockholder's Suit -Conditional Decree

Michigan Law Review

The directors and majority stockholders of a Minnesota mining corporation which. needed financing were also the directors and majority stockholders of another Minnesota mining corporation which had a large surplus. They decided to consolidate the two in order to finance the one, offering the stockholders of each corporation a share for share exchange, which would result in the stockholders of the unsuccessful corporation having a 9/16 control of the consolidated corporation. Dissenting stockholders, holding 18/100 of 1% of the total stock in the successful corporation, brought a bill to restrain the consolidation and to have a receiver appointed to take …


Railroads - Power Of Interstate Commerce Commission To Order Extensions Jun 1933

Railroads - Power Of Interstate Commerce Commission To Order Extensions

Michigan Law Review

After due hearing upon a complaint filed by the Public Service Commission of Oregon asserting a failure to provide adequate transportation facilities to a large and unexploited area within that State, the Interstate Commerce Commission found that public necessity and convenience required the construction of a connecting line 185 miles in length. The Commission also found that the proposed extension, adding 1.2 per cent to the existing mileage of the Union Pacific system and costing approximately $10,000,000, would not seriously affect the ability of that organization adequately to serve the public; and that though the venture might not be profitable …


State Regulation Of Interstate Motor Carriers, Paul G. Kauper May 1933

State Regulation Of Interstate Motor Carriers, Paul G. Kauper

Michigan Law Review

According to Article 1, section 8, of the Constitution, "The Congress shall have power . . . to regulate commerce . . . among the several States . . . . " Is this provision of the Constitution applicable to interstate motor transportation over a public highway, built, owned, and maintained by a State? The provincial view might have been put forward that because the State owns the highways, therefore it should have exclusive control with respect to the commerce passing over them. Whatever force might have been conceded such a view in the early history of our country, when …


Constitutional Law--Due Process--Martial Law May 1933

Constitutional Law--Due Process--Martial Law

Michigan Law Review

The Texas Railroad Commission ordered a limitation of oil production in the East Texas field. Governor Sterling of that State issued a proclamation declaring martial law in the district and setting forth the existence of "a state of insurrection, tumult, riot and breach of the peace," and sent in troops to enforce the orders of the commission. A temporary injunction was issued restraining the commission's action but the governor continued, through the troops, to limit oil production. Such action was sought to be enjoined in the federal courts. The lower court granted the injunction. The decree was affirmed on the …


Injunctions- By Foreign Court-Forum Non Conveniens In Minnesota May 1933

Injunctions- By Foreign Court-Forum Non Conveniens In Minnesota

Michigan Law Review

Alert Minnesota lawyers undertake to enlighten aggrieved persons in neighboring States in regard to the procedural advantages to be obtained in Minnesota. As a result of their efforts, a deluge of personal-injury litigation continues to flood the Minnesota courts. These tribunals are crowded with cases between non-residents on causes of action accruing abroad; Minnesota citizens are delayed in the trial of their own suits, and Minnesota citizens pay the bill for the added litigation. In addition, the non-resident defendant, required to appear in Minnesota, is deprived of evidence and is frequently put to useless expenditure; yet the Minnesota court, with …


Special Legislation In West Virginia, Donald F. Black, George W. Mcquain Apr 1933

Special Legislation In West Virginia, Donald F. Black, George W. Mcquain

West Virginia Law Review

No abstract provided.


Torts--Violation Of Statute Of Ordinance As Prima Facie Negligence, Charles W. Caldwell Apr 1933

Torts--Violation Of Statute Of Ordinance As Prima Facie Negligence, Charles W. Caldwell

West Virginia Law Review

No abstract provided.


Garnishment Of Public Corporations, Jeff B. Fordham Apr 1933

Garnishment Of Public Corporations, Jeff B. Fordham

West Virginia Law Review

The notion that garnishment of public corporations is against public policy early took root in the minds of American judges. The history of the subject is an interesting commentary on the growth of our law. The policy objection, based principally on the avoidance of inconvenience to public administration, has been accorded wide judicial acceptance with only occasional reconsideration on the merits. Stare decisis and that characteristic, but for the most part commendable, conservatism of bench and bar have done their part to entrench the doctrine. Judicial revolt against it, which has occurred largely in cases involving municipalities, has made only …


Equity-Intervention Apr 1933

Equity-Intervention

Michigan Law Review

A Kansas statute forbids the operation of theatres on Sunday. Appellee obtained an interlocutory injunction restraining "the Attorney General of the State of Kansas, and his subordinates . . . and every other person acting or attempting to act for said defendants" from enforcing the statute. Following this temporary injunction the appellee continued to operate his theatres on Sunday, and when the municipal authorities of Winfield and Eldorado threatened to enforce municipal ordinances prohibiting Sunday shows, the appellee served them with copies of the preliminary order against the attorney general, and warned them that contempt proceedings would be instituted if …


Municipal Corporations - Effect Of The Lowest Responsible Bidder Statutes On "Local Labor" Provisions Apr 1933

Municipal Corporations - Effect Of The Lowest Responsible Bidder Statutes On "Local Labor" Provisions

Michigan Law Review

The plaintiff, a taxpayer, brought a bill to prevent the defendant from carrying out a contract with a certain construction company. The plaintiff alleged that the requirement in the proposal for bids that all laborers should have been residents of Delaware for at least six months prior to the awarding of the contract violated the lowest responsible bidder statute. Held, it not having been shown that the requirement would, as a matter pf fact, increase the cost, it therefore did not violate the statute, Ebbeson v. The Board of Public Education in Wilmington, (Del. 1931) 156 Atl. 286.


West Virginia Annotations To The Restatements Of Conflict Of Laws And Contracts Feb 1933

West Virginia Annotations To The Restatements Of Conflict Of Laws And Contracts

West Virginia Law Review

No abstract provided.


Banks And Banking--Insolvency--Preference Of County Funds Where Merger Causes Deposits To Exceed Legal Maximum, Kingsley R. Smith Feb 1933

Banks And Banking--Insolvency--Preference Of County Funds Where Merger Causes Deposits To Exceed Legal Maximum, Kingsley R. Smith

West Virginia Law Review

No abstract provided.


Carriers - State Regulation Of Interstate Motor Carriers Feb 1933

Carriers - State Regulation Of Interstate Motor Carriers

Michigan Law Review

Chapter 236, Laws of Kansas, 1931, requires private motor carriers for hire in interstate commerce to secure a license from the public service commission, to secure a liability insurance policy, to keep daily records as prescribed by the commission, to pay a tax of five-tenths of a mill per gross ton for highway maintenance, and to be subjected to the supervision of the commission. Various regulations for making the highways safer are included. Plaintiff operated as a private motor carrier for hire in interstate commerce and sued to enjoin the enforcement of the act which it claimed was unconstitutional, for …


Publicly Owned Utilities And The Problem Of Municipal Debt Limits, Lawrence L. Durisch Feb 1933

Publicly Owned Utilities And The Problem Of Municipal Debt Limits, Lawrence L. Durisch

Michigan Law Review

The far-reaching contest being waged between the advocates of municipal ownership of public utilities and the private ownership group, between those who "want the government to get out of business" and those who desire to see an increase in its proprietary functions, has produced a number of sharp legal controversies. One of the most interesting of these, recently litigated in a number of state courts, is whether an obligation incurred for the purchase or repair of a municipally-owned utility is a "municipal debt" within the meaning of constitutional or statutory debt limits. Because of the wide-spread interest in, and the …


Constitutional Law -Validity Of Restrictions On House-To-House Selling Feb 1933

Constitutional Law -Validity Of Restrictions On House-To-House Selling

Michigan Law Review

Although data of an accurate nature are not available there seems no doubt that the use of house-to-house selling as a means of distribution has received a considerable impetus during the past few years. So extensive, in fact, has the practice become that many communities are seeking relief from whatever undesirable features may be felt. The problem has already been the subject of litigation in Fuller Brush Co. v. Town of Green River. That other controversies will inevitably follow justifies consideration of the legal aspects involved.


Book Review. The Law And Practice Of Municipal Home Rule, 1916-1930 By J. D. Mcgoldrick, Frank Edward Horack Jr. Jan 1933

Book Review. The Law And Practice Of Municipal Home Rule, 1916-1930 By J. D. Mcgoldrick, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.


Constitutional Limitations On Legislative Procedure In West Virginia, Frank Edward Horack Jr. Jan 1933

Constitutional Limitations On Legislative Procedure In West Virginia, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.


Book Review. State Legislative Committees By C. I. Winslow, Frank Edward Horack Jr. Jan 1933

Book Review. State Legislative Committees By C. I. Winslow, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.


County And Municipal Indebtedness, H. W. Vincent Jan 1933

County And Municipal Indebtedness, H. W. Vincent

Kentucky Law Journal

No abstract provided.


Torts -Trespassers - Statutory Non-Liability Of Railroads Jan 1933

Torts -Trespassers - Statutory Non-Liability Of Railroads

Michigan Law Review

Plaintiff, five years of age, was leaning over the edge of defendant's bridge, looking into a canal, when a train was backed into standing cars without warning, and plaintiff was injured. Children were accustomed to play on the bridge, despite the presence of "Danger - No Trespassing" signs. Plaintiff recovered judgment in the trial court, and the judgment was affirmed by the circuit court of appeals, but the Supreme Court of the United States held that the New Jersey statute section 55 of the Railroad Act, "negatived the attractive nuisance and implied invitation doctrines," and reiterated the so-called "Massachusetts Rule" …


Restatement Of The Law Of Torts Annotated With Kentucky Decisions, Andrew J. Russell Jan 1933

Restatement Of The Law Of Torts Annotated With Kentucky Decisions, Andrew J. Russell

Kentucky Law Journal

No abstract provided.


Recent Kentucky Cases On Future Interests, W. Lewis Roberts Jan 1933

Recent Kentucky Cases On Future Interests, W. Lewis Roberts

Kentucky Law Journal

No abstract provided.


Regions Versus States, Amry Vandenbosch Jan 1933

Regions Versus States, Amry Vandenbosch

Kentucky Law Journal

No abstract provided.


Has The Fiscal Court Of The County The Authority To Purchase A Fire Truck?, King Swope Jan 1933

Has The Fiscal Court Of The County The Authority To Purchase A Fire Truck?, King Swope

Kentucky Law Journal

No abstract provided.


Municipal Corporations--Liability On Implied Contract, Bruce Morford Jan 1933

Municipal Corporations--Liability On Implied Contract, Bruce Morford

Kentucky Law Journal

No abstract provided.