Law Commons^™

Massachusetts Trusts And Succession Taxes, Maxwell E. Fead, Milton D. Green

Michigan Law Review

Ordinarily, one thinks of trust estates as connected with testamentary dispositions of property, marriage settlements, spendthrift trusts, or other similar "pure" trusts. However, in comparatively recent years, trust estates have assumed a place in active business life, occupying the same general fields of activity as the corporation. Business men early found that the advantages of corporate existence were offset, to a greater or less degree, by corresponding disadvantages, such as compliance with regulations laid down by the state, inflexibility of charter provisions, and particularly increased burdens of taxation. The corporate organization lays itself open to the touch of the state …

Fraudulent Intent In Trade Mark Cases, Grover C. Grismore

Michigan Law Review

One of the troublesome questions which confront the trade mark lawyer is that as to the extent to which a fraudulent intention is an essential element in trade mark litigation. Must a plaintiff who is seeking injunctive relief, or damages, or an accounting against a defendant who", it is alleged, has simulated his trade mark, trade name or other identifying device, show that the latter has consciously sought to mislead the purchasing public? Judges and legal writers leave the matter in doubt. It is the purpose of this paper to discover, if possible, how this doubt has arisen and to …

The Italian Magistracy Of Labour A Fascist Experiment, Leonard Manyon

Michigan Law Review

The legislators of Fascist Italy, although they vigorously affirm the unprecedented and original character of their achievement, do not despise history--or even pre-history--as a measure of that achievement. In the social and economic no less than in the political sphere, they claim the merit of vast innovations, whose true significance, they tell us, can be gauged only by surveying, across the course of centuries, the evolution of human civilization.

Intercorporate Stockholding Under Section 7 Of The Clayton Act

Michigan Law Review

It is notorious that the Clayton Act was passed in response to misguided popular agitation based upon erroneous notions as to the scope and effect of the Sherman Anti-Trust Law, and in fulfilment of, campaign promises voiced not only by Wilson, but embodied in the platforms of all three political parties in 1912. Stevens, "The Federal Trade Commission Act," 4 AMER. ECON. REV. 840; "The Clayton Act," 5 ibid. 38; Henderson, THE FEDERAL TRADE COMMISSION, p. 16; Barrett, "The Federal Trade Commission," 81 CENT. L. J.; 166-171, 183-189, 201-207; Taft, THE ANTI-TRUST ACT AND THE SUPREME COURT. Even without the …

Marriage-Annulment For Fraudulent Misrepresentation As To Intent To Cohabit

Michigan Law Review

An interesting problem as to what constitutes fraud sufficient to invalidate a marriage is raised by the recent Illinois case of Bielby v. Bielby. 165 N.E. 231. The husband asked annulment on the ground of the wife's misrepresentation as to her intent to cohabit. The evidence as to the wife's intent and as to whether the marriage was actually consummated was undecisive, the wife testifying that it was and the husband that it was not. However, he did not testify that he had ever requested consummation or that she had ever refused it. It was held there could not …

A Letter To The Lawyers Club, William W. Cook

Michigan Law Review

The scope and purposes of the law schools will in my opinion rapidly expand. And the first expansion will be the inauguration of legal research. You have led the way. You have the first and so far the only research professorship. Professor Sunderland has blazed the trail and is hewing a road through the wilderness. And I think he is laying out the right route.

The Criminal's Right Of Privacy

Michigan Law Review

The dissent of Mr. Justice Brandeis in the famed wire tapping case has been of especial interest to those who are acquainted with his article in the Harvard Law Review in 1890 on "The Right of Privacy." The law has witnessed few more fascinating developments than the engrafting of this latter concept into the formula of justice, few more conspicuous examples of creative juristic effort. Concerning it Dean Pound has said: "What may almost be called the classical example (of creative activity) is the paper on the Right of Privacy in which Mr. Justice Brandeis, then at the bar, was …

Replevin-Defense Of Paramount Right To Possession In A Third Person

Michigan Law Review

Courts are often heard to say, as does the Wisconsin court in a recent case, that an action of replevin may be defeated by proof of title paramount in a third person, even though the plaintiff has shown a right to possession as against the defendant sufficient to support an action of trespass. This seems so anomalous, so opposed to our notion of other possessory actions, for example, trespass, and even trover, where the plaintiff need show only a better right to possession to recover, that we are led to wonder how such a doctrine ever obtained a foothold in …

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Right Of Holders Of Preferred Stock To Participate In The Distribution Of Profits, Jay Finley Christ

Michigan Law Review

When, in the management of the affairs of corporate enterprises, a surplus is available for the payment of dividends, the question often arises, "In what proportions is this fund to be distributed, as between holders of common stock and holders of preferred stock?" When the contract, whether in the by-laws, the subscription agreement, the certificate, or any other form, makes clear the intent of the parties, one way or another, such intent is, of course, controlling. But the intent of the parties may not always be clearly expressed, and in the latter event the rights of the parties are determined …

The Immunity Of Foreign States When Engaged In Commercial Enterprises: A Proposed Solution, John G. Hervey

Michigan Law Review

Do governments which engage in commercial undertakings assume the civil and criminal liabilities imposed upon private corporations engaged in similar enterprises, or do governments confer sovereign privileges upon their undertakings? Can governments engage in commercial enterprises and thereby escape the liabilities imposed upon private individuals? More particularly, are foreign governments engaged in such undertakings exempt from process in the American courts?

When Is A Treaty Self-Executing, Leslie Henry

Michigan Law Review

A self-executing treaty is a treaty which of its own force furishes a rule of municipal law for the guidance of municipal courts in deciding cases involving the rights of individuals.

Ordinarily treaties are simply agreements or contracts between two or more sovereignties, obligating them to carry out the mutual promises contained therein. But under our Constitution a treaty is of greater force. It may operate as a law, just like an act of Congress. But the constitutional provision is not mandatory. Not every treaty provision is necessarily a law. For example, a promise to secure the passage of legislation …

Corporations-Government Owned Corporation Claiming Attributes Of Sovereignty

Michigan Law Review

That the government or the sovereign can not be sued without its consent has been so often repeated that it has attained the prosaicness of a legal maxim. Even so the doctrine was never so whole heartedly acceded to in the United States as it was in England, and we find the cases setting up at least one notable exception in the United States as to the property of the sovereign.

Taxation-Constitutional Law-Classifcation Of Corporations

Michigan Law Review

The equal protection clause does not detract from the right of the state justly to exert its taxing power or prevent it from adjusting its legislation to differences in situation or forbid classification in that connection, but it does require that the classification be not arbitrary, but based on a real and substantial difference having a reasonable relation to the subject of the particular legislation. Though this is the generally accepted rule as to classification, it has long been recognized by the Supreme Court that the very nature of taxation demands that the legislatures be given the widest sort of …

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

The Illinois Appellate Courts-Are They Satisfactory?

Michigan Law Review

The instantaneous answer of "Yes" to this question was given by every Illinois attorney the writer asked while gathering material for this article, and undoubtedly that would be the answer of an overwhelming percentage of the Illinois Bar. In the Constitutional Convention of 1920 in Illinois, not one of the fifty odd lawyer members ever questioned their expediency in all the debates on the judiciary article. And much can, of course, be said in their favor. They relieve the supreme court of a great burden of work. They are closer at hand than the supreme court to most of the …

Mortgages - Equity Jurisdiction - Personal Decrees Against The Mortgagor

Michigan Law Review

The Michigan supreme court recently held that the jurisdiction of equity in proceedings for the foreclosure of mortgages is governed by statute, and that equity can only render a personal decree against the mortgagor where the statute expressly permits it. This view, if correct, must be recognized as an exception to the well settled doctrine that a court of equity which has obtained jurisdiction of a controversy on any ground or for any purpose, may retain such jurisdiction for the purpose of administering complete relief. Michigan has repeatedly affirmed this general doctrine.

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

The United States And The League Of Nations, Clarence A. Berdahl

Michigan Law Review

With the ratification of the Treaty of Versailles by the necessary number of Powers on January 10, 1920, there came into existence that new experiment in international cooperation and government known as the League of Nations. It has grown from a membership of 43 states in 1920 to 55 in 1929. Including Great Powers and Small Powers, states of Europe, Asia, Africa, South, Central, and even North America, it can in no sense of the word be properly characterized as a European league merely, or another Holy Alliance, but is truly a world organization. Only Afghanistan, Brazil, Ecuador, Egypt, Russia, …

The Paradoxes Of Legal Science: A Review, Rousseau A. Burch

Michigan Law Review

This book by the distinguished Chief Judge of the New York court of appeals deals with difficulties of the judicial process when its function is creative; that is, when a judge makes law for novel situations.

The title of the book assumes there is a science of law, and the introduction takes analogues of physical science for a starting point. In physics there are rest and motion, static and dynamic ; in social affairs there are stability and changes, conservation and progress. In making decisions, the judge may be concerned with the yea of action in alteration, and the nay …

Fire Insurance-Is "Double" Payment Necessarily Overpayment?

Michigan Law Review

A recent Wisconsin case, Ramsdell v. Insurance Co., presents a novel and interesting situation. The lessor and lessee of business property each insured the property in separate companies, the lessor for $3,000 and the lessee for $7,500. The lease contained no provisions as to insurance, repairing, or rebuilding and there was no contract between any of the parties which could affect the situation that arose. A loss of $4,246 occurred in June. After lengthy negotiations had proved fruitless, the lessee rebuilt the premises and sued his insurer. At the same time the lessor sued on his policy. The lessee …

Suretyship-Application Of Payments From Principal To Creditor-Equity Of Surety In Building Contract Funds

Michigan Law Review

A building contractor's bond, with professional surety, promises to see that all laborers and materialmen assisting upon a certain construction job are fully paid. With moneys received from work upon this building, the contractor pays a certain sum to a materialman without applying it to any particular debt. The contractor owes the materialman upon two separate debts: one for materials furnished upon this very job, and covered by this surety bond; and a pre-existing debt, in no way connected with the present contract. Is the surety able to insist that the materialman use this payment to discharge the debt on …

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

The Fifteenth Century-The Dark Age In Legal History, Joseph F. Francis

Michigan Law Review

Everywhere during the last few decades there has been a revolution in the thinking of educated men. I refer to the revolution in logical method and thought that had its impetus first in the non-Euclidian mathematicians. was then carried on by the logicians and philosophers and finally culminated in the startling conclusions announced by Einstein. This revolution has been an attack on absolutism and on the metaphysical nonentities that pervade all man's learning. The attack is not new, it is only new in vigor, in scope, and in promise.

Administrative Tribunals-Operation Of Administrative Orders As Res Judicata

Michigan Law Review

To the layman res judicata is simply another one of those esoteric legal subterfuges by which lawyers evade the simple facts and win lawsuits for their clients. So he shrugs his shoulders at the whole silly business and confines his interest in the law to the dramatic trio: great crimes, great names, and great figures. To the lawyer, principle is dominant. Though he may quibble over its spelling, he recognizes res judicata as a sound working principle and is interested in the popular case mainly because good legal talent will be employed, capable arguments presented, and sound decisions reached.

Landlord And Tenant-Covenant Not To Assign Without Lessor's Consent

Michigan Law Review

The growing practice of leasing important business property, especially for long terms, rather than of conveying the entire fee simple, has made increasingly important the devices inserted in such leases for the protection of the respective parties. One of the oldest and most common of these, for the protection of the lessor, is the covenant by the lessee that he will not assign the term without the consent of the lessor.

Protection Of Industrial Property, Edward S. Rogers

Michigan Law Review

It is perhaps too much to attempt a discussion of the origin and history of the common law in an introductory note like this. Suffice it to say that the common law is unwritten and is an inheritance from the English colonists who brought it to North America from England. The common law is the law of the several states. In the United States there is no national common law.

Administrative Law-Delegation Of Legislative Power To Administrative Tribunals

Michigan Law Review

Thirty years ago it was generally said and believed that no part of the legislative power could be delegated to any other department of government or to any administrative officer or officers. That was a fundamental principle of constitutional law thought essential to the integrity and maintenance of the system of government established by the constitution. But as social and industrial problems became more complex, calling for an ever greater amount of governmental regulation, legislative bodies found themselves unable to attend to the ever increasing volume of technical detail. Furthermore, the nature of the problems was often such as to …