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Full-Text Articles in Law
Constitutional Law - Bank Reorganization Legislation - Composition With Depositors And Other Creditors, Maurice S. Culp
Constitutional Law - Bank Reorganization Legislation - Composition With Depositors And Other Creditors, Maurice S. Culp
Michigan Law Review
Twenty States and the federal government now have laws permitting the reorganization and reopening of insolvent or failing banks. The usual statute provides for the reorganization of a bank upon some plan approved by a large majority of the general creditors of the institution; the plan must also have the approval of state banking officials and of a court of general jurisdiction, although the last is by no means a universal requirement. The reorganization, when approved, becomes binding upon all depositors and general creditors of the bank regardless of consent. By the terms of a few statutes, non-assenting creditors are …
Constitutional Law-Mortgage Foreclosure Moratorium Statutes
Constitutional Law-Mortgage Foreclosure Moratorium Statutes
Michigan Law Review
The present economic crisis has been productive of much drastic legislation which is directed at the relief of the debtor class. Rather than let the depression run its course, legislative bodies have endeavored to alleviate some of the evils by so-called "emergency'' statutes. A common type of such enactment is that designed to protect mortgagors against foreclosure and sale of their property. Some of these statutes provide that the period of redemption after foreclosure sale shall be extended for a definite period, others that the courts may stay foreclosures, and some provide that there shall be no foreclosure sales unless …
Constitutional Law - Price Fixing - Emergency Legislation, Maurice S. Culp
Constitutional Law - Price Fixing - Emergency Legislation, Maurice S. Culp
Michigan Law Review
The way of governmental price regulation has been hard, and such regulation has been carefully confined to businesses clothed with a "public interest." An exception has been recognized where an "emergency" occurs in a business outside of the strict utility field. However, the apparent disruption of the competitive system during the present depression has been productive of legislation seeking to overcome the evils of that system. In People v. Nebbia, the Court of Appeals of New York sustained a recent act of the legislature creating a milk control Board and authorizing the fixing of milk prices for a 12-month …
Criminal Law And Procedure - Evidence - Presumptions
Criminal Law And Procedure - Evidence - Presumptions
Michigan Law Review
The Alien Land Law of California forbids the acquisition of real property for agricultural purposes by aliens ineligible to citizenship; amendment 9b provides that proof of the acquisition of land by the defendant and of his being a member of a race ineligible to United States citizenship raises the presumption of ineligibility to citizenship against the defendant, and the burden is on him to show citizenship or eligibility thereto. Defendants, an American and a Japanese, were indicted for conspiracy to violate the act. No evidence as to the birthplace of the Japanese was adduced by either side, and both were …
Constitutional Law - Federal Questions Reviewable By The Supreme Court
Constitutional Law - Federal Questions Reviewable By The Supreme Court
Michigan Law Review
Two cases decided by the Supreme Court at the October, 1932, term of Court raised important questions of federal practice and due process of law. Judgment was rendered, on motion, without notice, pursuant to the terms of the bond, against the American Surety Company on a supersedeas bond given in an action in which the Singer Sewing Machine Company and one Anderson were the defendants in the trial court after the Supreme Court of Idaho had affirmed the judgment of the trial court as to Anderson and reversed it as to the Sewing Machine Company. An order of the trial …