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Articles 16051 - 16080 of 16693
Full-Text Articles in Law
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Announcements: A New Corporation Act, Paul V. Mcnutt
Announcements: A New Corporation Act, Paul V. Mcnutt
Indiana Law Journal
No abstract provided.
The Institute's Restatement And The Michigan Law, Herbert F. Goodrich
The Institute's Restatement And The Michigan Law, Herbert F. Goodrich
Michigan Law Review
The task which the American Law Institute has undertaken is to make a statement of the common law, in its various branches. The end in view is not codification; indeed the idea is directly opposed to codification. It is hoped to have, when the work is completed, an accurate statement of existing common law, carefully and systematically made, from which local variations and peculiarities have been ironed out. It is hoped, in other words, to restore both accuracy and continuity to the pattern of the common law fabric as it is woven in our judicial mills.
Unconstitutional Conditions And State Powers, S. Chesterfield Oppenheim
Unconstitutional Conditions And State Powers, S. Chesterfield Oppenheim
Michigan Law Review
The genesis and development of the so-called doctrine of unconstitutional conditions represent a phase of the general problem of the division of state and federal powers. Its importance was first recognized in the series of cases dealing with the power of the state over foreign corporations seeking to do business within its borders, for it was in those decisions that the Supreme Court moderated the absolutism of the principle announced in Paul v. Virginia, by the indefinite qualification that the conditions of admission must not be "repugnant to the Constitution or laws of the United States".
Constitutional Law-Taxation Of Foreign Corporations
Constitutional Law-Taxation Of Foreign Corporations
Michigan Law Review
The constitutional limitations on the power of the states to tax foreign corporations present many intricate questions. In general it may be said that a state may tax foreign corporations the same as it may tax domestic corporations, but subject to the limitations found in the commerce clause and the Fourteenth Amendment of the Federal Constitution. The commerce cause takes certain subjects out of the realm of state taxation altogether. The state cannot directly impose a burden of any sort upon interstate commerce. It cannot even lay an excise on the privilege of doing intrastate business if the basis includes …
Constitutional Law-Eminent Domain-Michigan Constitutional Provision
Constitutional Law-Eminent Domain-Michigan Constitutional Provision
Michigan Law Review
The necessity for the exercise of the power of eminent domain in a given case is a legislative question into which the courts cannot inquire, unless an abuse of legislative power is asserted. This results from the very nature of the power to take property for a public use, which power in itself is inherent in sovereignty. When the legislature determines to take a piece of property it is exercising the power in the normal manner. If the use is public, no further determination is necessary once the legislative decision is made. The real reason for the rule would seem …
Conflict Of Laws-Jurisdiction-Foreign Corporation Not Doing Business In The State
Conflict Of Laws-Jurisdiction-Foreign Corporation Not Doing Business In The State
Michigan Law Review
A summons addressed to the defendant corporation was served upon one of its officers at his private residence in Minnesota. The defendant, appearing specially, moved to set aside the service on the ground that it was a foreign corporation not transacting business in the state and that it had empowered no one to accept service of process there in its behalf. The plaintiff contended that the acquisition and ownership of property in Minnesota brought the defendant into the state and under the jurisdiction of its courts. Held, jurisdiction over the corporate property did not give jurisdiction over the corporate …
Attachment In Tort Actions In Indiana, William R. Ringer
Attachment In Tort Actions In Indiana, William R. Ringer
Indiana Law Journal
No abstract provided.
Public Utility Valuation For Rate Making Purposes
Public Utility Valuation For Rate Making Purposes
Michigan Law Review
Ever since Munn v. Illinois (1876) 94 U. S. 113, which first decided that the charges to be made for services rendered by public utilities were to be subject to governmental regulation, the courts have been confronted with a problem, so elusive and indefinite, that over five decades of litigation and wrangling have failed to provide a satisfactory solution. The so called "rule" of Smyth v. Ames (1898) 169 U. S. 466, specifying the elements to be considered in ascertaining the value of public utilities for the purpose of rate-making, has only served to submerge the problem further in its …
Constitutionality Of Municipal Zoning And Segregation Ordinances, George D. Hott
Constitutionality Of Municipal Zoning And Segregation Ordinances, George D. Hott
West Virginia Law Review
No abstract provided.
Recent Case Notes (And Indiana Docket)
Constitutional Law-Regulation Of Resale Of Tickets Of Admission To Places Of Entertainment
Constitutional Law-Regulation Of Resale Of Tickets Of Admission To Places Of Entertainment
Michigan Law Review
An addition has been made to a series of cases indicating that the United States Supreme Court is turning away from a tendency to sustain state legislation, especially where the factual basis constituting the inducement of the enactment involves debatable factors. in a five to four decision that gives the unscrupulous ticket scalpers free rein to shear all the fleece from the theatre going lambs of greater New York, the Supreme Court has held to be in violation of the Fourteenth-Amendment a New York statute limiting the resale price of tickets of admission to places of entertainment to fifty cents …
Exemption Of Wages From Execution Under Indiana Statute, Robert C. Brown
Exemption Of Wages From Execution Under Indiana Statute, Robert C. Brown
Indiana Law Journal
No abstract provided.
Recent Case Notes (And Indiana Docket)
Liability Of Stockholders Under The Indiana Banking Law, Sumner Kenner
Liability Of Stockholders Under The Indiana Banking Law, Sumner Kenner
Indiana Law Journal
No abstract provided.
Constitutional Law-Statutory Prohibition Of Possession Of Liquor
Constitutional Law-Statutory Prohibition Of Possession Of Liquor
Michigan Law Review
The Michigan court has recently declared the state statute prohibiting the mere possession of liquor to be constitutional. People v. Burt, 236 Mich. 62, 210 N. W. 97. The court does not enter into any: discussion as to the constitutionality, but relies on a previous decision, People v. Stambosva, 210 Mich. 436, 178 N. W. 226. This phase of the case is stressed, however, in a vigorous dissent by Chief Justice Bird, who denies that the Stambosva case is controlling. That case held the statutory provision in question to be valid, as not violative of due process, but …
Recent Case Notes (And Indiana Docket)
Enactments Of The 1927 General Assembly For The Improvement Of The Administration Of Criminal Justice In Indiana, James J. Robinson
Enactments Of The 1927 General Assembly For The Improvement Of The Administration Of Criminal Justice In Indiana, James J. Robinson
Indiana Law Journal
No abstract provided.
Divorce Under The Indiana Law, For Abandonment, Cruelty Or Failure To Provide, W. W. Thornton
Divorce Under The Indiana Law, For Abandonment, Cruelty Or Failure To Provide, W. W. Thornton
Indiana Law Journal
No abstract provided.
Digest Of Laws, Enacted By The Seventy-Fifth General Assembly And Approved By The Governor Which Contained Emergency Clauses And Are Now In Force, John A. Baker
Indiana Law Journal
No abstract provided.
Recent Case Notes (And Indiana Docket)
The Vanishing Rights Of The States, By James M. Beck, Paul L. Sayre
The Vanishing Rights Of The States, By James M. Beck, Paul L. Sayre
Indiana Law Journal
No abstract provided.
The Indeterminate Permit For Public Utilities, E. Blythe Stason
The Indeterminate Permit For Public Utilities, E. Blythe Stason
Michigan Law Review
Public utilities possess the privilege of furnishing services to the public and most of them use the streets, highways and public places to deliver their services to their customers. Franchises are required to confer the privilege of serving and to authorize the use of public property. Franchises were formerly perpetual; more recently they have been limited to short terms of years; and now we are acquiring still another variety-the indeterminate permit. The last deserves more than a casual acquaintanceship. In fact, it demands close scrutiny. Rightly conceived, it is a device of decided promise. Conceived in unfairness, partiality or ignorance, …
Joinder And Splitting Of Causes Of Action, Charles E. Clark
Joinder And Splitting Of Causes Of Action, Charles E. Clark
Michigan Law Review
The pleading rules concerning joinder and splitting of causes of action are complements of each other, though designed to achieve different objectives. The joinder rule is that separate causes cannot be "joined" or pleaded in the same suit unless they fall within one of the classes of permissible joinder specified in the codes. The purpose of the rule is to prevent too wide a field of litigation and too diverse issues in a single suit and thus to avoid a case of undue confusion and complexity. The rule against splitting is that a single cause shall not be "split" or …
Situs Of Corporate Shares For Administration Purposes
Situs Of Corporate Shares For Administration Purposes
Michigan Law Review
Questions concerning the situs of corporate shares for tax purposes have been productive of much litigation and a fairly extensive body of authority on the subject has accumulated. Cases dealing with the situs of shares for purposes of administration, on the other hand, arc very rare. This latter fact may be ascribed to the acceptance, in all states except Illinois and Mississippi, of the common law rule that the distribution of personal property shall be governed by the law of the decedent's domicil. But in those two jurisdictions, the legislature has provided that, "All personal property situated in this state …
State Control Of Public School Curriculum, Charles J. Turck
State Control Of Public School Curriculum, Charles J. Turck
Kentucky Law Journal
No abstract provided.
The Four Constitutions Of Kentucky, Richard Priest Dietzman
The Four Constitutions Of Kentucky, Richard Priest Dietzman
Kentucky Law Journal
No abstract provided.
The Kentucky Rule Against Perpetuities, W. Lewis Roberts
The Kentucky Rule Against Perpetuities, W. Lewis Roberts
Kentucky Law Journal
No abstract provided.