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Articles 1 - 30 of 67
Full-Text Articles in Law
Law's Delays, Grant Foreman
Law's Delays, Grant Foreman
Michigan Law Review
A Gentleman of an acquisitive nature was adventuring about a large city seeking what he might turn to quick profit. Contact with the so-called font of justice gave him an idea, following which he opened up a quiet brokerage business. Perceiving a demand for jurors who would decide a case favorably, to the side that was willing to pay a decent price, he set about supplying that demand. The trade mark on his goods was a pin stuck in the lapel of the coat in such" fashion that in the jury box they would Without ostentation be recognized by his …
New Interpretation Of The Sherman Act, Clarence E. Eldridge
New Interpretation Of The Sherman Act, Clarence E. Eldridge
Michigan Law Review
What has been said in the preceding part of this discussion addresses itself to the proposition that the SHERMAN Act does not mean what the District Court assumed it to mean. Naturally, such a negative discussion must be preliminary to a consideration of the more .comprehensive question "What does the SHERMAN ACT mean?" For, of course, even if the theory of the law upon which the District Court based its judgment was erroneous, still that fact would be of little or no practical importance if any tenable theory of the law were to justify the judgment.
Note And Comment, Henry Rottschaefer, Walter Mckenzie, Karl J. Mohr, John G. Cedergren, J G. Tucker Jr
Note And Comment, Henry Rottschaefer, Walter Mckenzie, Karl J. Mohr, John G. Cedergren, J G. Tucker Jr
Michigan Law Review
The Use of Multiple in Determining the Value of Railroad Lands - The case of Chicago & N. W. Ry. Co. v. Smith et al., decided by the United States District Court for the District of South Dakota and reported in 21o Fed. 632, contains an interesting suggestion as to the means to be employed in determining the value of lands used for railway purposes, which 'Was not, however, accepted by the court.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Book Reviews, Evans Holbrook, John R. Rood, Henry M. Bates
Book Reviews, Evans Holbrook, John R. Rood, Henry M. Bates
Michigan Law Review
A collection of book reviews by multiple authors.
Protection Of Aliens By The United States, Simeon E. Baldwin
Protection Of Aliens By The United States, Simeon E. Baldwin
Michigan Law Review
Every country owes a duty of protection to aliens who are lawfully within its territory. "An alien friend, however transient his presence may be, is entitled to a temporary protection, and owes in return a temporary allegiance."
New Interpretation Of The Sherman Act, Clarence E. Eldridge
New Interpretation Of The Sherman Act, Clarence E. Eldridge
Michigan Law Review
Generally speaking, there never has been any serious disagreement as to the purpose of the SHERMAN ACT. Everyone -friends and foes, judges and economists, lawyers and laymen- admits that it was enacted with a view to foster competition, or, as Justice HARLAN put it in the Northern Securities case,' "to prescribe the rule of free competition."
New Probation Law Of Michigan, Charles B. Collingwood
New Probation Law Of Michigan, Charles B. Collingwood
Michigan Law Review
Nothing connected with the work of a circuit judge demands more thoughtful consideration or occasions him more anxiety than the punishment to be meted out to the men and women who have violated the laws of the state. In almost every other matter there is an opportunity for review by an appellate court. Where litigants differ widely from the decision of the circuit court it is altogether likely that there will be an appeal and the matter will be finally adjudicated by another court. But from the sentence given to one who has plead guilty, or has been found guilty …
Note And Comment, Joseph H. Drake, Hollis Harshman, Marcy K. Brown, Leslie C. Mcclelland
Note And Comment, Joseph H. Drake, Hollis Harshman, Marcy K. Brown, Leslie C. Mcclelland
Michigan Law Review
The Law School opens with an attendance of 500, the decrease from last year's numbers (on account of the increased requirements for admission) being less than was anticipated.
Some Myths Of The Law, Walter Clark
Some Myths Of The Law, Walter Clark
Michigan Law Review
When I was a child, I spake as a child, I understood as a child, I thought as a child; but when I became a man, I put away childish things." These words of the great Apostle to the Gentiles apply to every calling and to every profession under the sun save only that of the law.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
University Of Michigan Legal Directory, Arthur E. Lybolt
University Of Michigan Legal Directory, Arthur E. Lybolt
Miscellaneous Law School History & Publications
A directory of University of Michigan Law School graduates through the Law Class of 1913.
Lay Tradition As To The Lawyer, Roscoe Pound
Lay Tradition As To The Lawyer, Roscoe Pound
Michigan Law Review
We all know the lay tradition as to the lawyer. Mike Monaghan rhymes lawyer with trier. He tells us that the Probate Court is instituted to see that "iviry mimber of the bair gits a fair chanct at phwat the dicaysed didn't take wid 'im." In the timeworn anecdote of the epitaph "here lies an honest lawyer" everyone is ready to say, "that's Strange."' Laymen, who, sitting as arbitrators, will insist on technicalities which the law would instantly reject, and in corner-grocery discussions will argue that a contract signed with a lead pencil is void for informality, are quite sure …
Expensive Futility Of The United States Trade Mark Statute, Edward S. Rogers
Expensive Futility Of The United States Trade Mark Statute, Edward S. Rogers
Michigan Law Review
Every lawyer of much experience knows the client who tip-toes into his office, closes the door carefully, and with a great show of secrecy announces that he has discovered or invented the best name for a soda cracker, a patent medicine, a soft drink, or what not, that human ingenuity ever conceived. He wants it protected before any one can steal it from him. He wants it "Copyrighted." This is the expression most commonly used. He seems to be under the impression that some incantation can be performed by means of which he will be able to secure to himself …
Content Of Covenants In Leases, Harry A. Bigelow
Content Of Covenants In Leases, Harry A. Bigelow
Michigan Law Review
In determining what covenants in a lease will run so as to be enforceable by or against the assignee of the lessee or lessor, the formula that has been consecrated to this problem is that the covenant "must affect the nature, quality, or value of the thing demised or the mode of occupying it." This phrase which was used by Lord ELLENBOROUGH in Congleton v. Pattison is an expansion of the statement in Spencer's case that such a covenant must "touch or concern the thing demised." A second statement not so frequently quoted is that of that "if it be …
Note And Comment, Harry W. Lippincott, John S. Kelley Jr, George E. Kennedy, Louis R. Lackey
Note And Comment, Harry W. Lippincott, John S. Kelley Jr, George E. Kennedy, Louis R. Lackey
Michigan Law Review
Mutuality in Automobile Agency Contracts - Within the past few years several courts have had to pass upon and construe argreements between the manufacturers and the selling-agents of automoobiles, which have necessitated a thorough discussion of the principles of mutuality of obligation of contracts. The attempt to reach a correct solution has developed a vigorous difference of opinion on the subject in some recent cases which it may be of interest to discuss and compare.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Book Reviews, Horace L. Wilgus, Joseph H. Drake
Book Reviews, Horace L. Wilgus, Joseph H. Drake
Michigan Law Review
A collection of book reviews by multiple authors.
Constitutional Background Of The Recent Japanese Anti-Alien Land Bill Controversy, Harriette M. Dilla
Constitutional Background Of The Recent Japanese Anti-Alien Land Bill Controversy, Harriette M. Dilla
Michigan Law Review
The recent contention between the Federal Government and the state of California over the anti-alien land measure raised anew the question as to the conflict of state action with treaty stipulations. It is a problem which, under our constitutional system, may arise at any time and demand an individual solution in every instance. The dilemma which has presented itself repeatedly in American history is this: the states have the reserved right to provide for their public welfare and may exercise their police powers even against a foreign country, while to the Federal Government has been delegated the exclusive jurisdiction over …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Trusts Based On Oral Promises To Hold In Trust To Convey Or To Devise Made By Voluntary Grantees, George P. Costigan Jr
Trusts Based On Oral Promises To Hold In Trust To Convey Or To Devise Made By Voluntary Grantees, George P. Costigan Jr
Michigan Law Review
Where a grantor conveys without consideration other than the grantee's pronise to hold in trust for, or to reconvey or to devise to, the grantor. The situations heretofore considered have all dealt with conveyances on an oral trust for, or oral promise to convey or to devise to, some one other than the grantor. Is the case of a conveyance where the oral promise is for the benefit of the grantor essentially any different? A correct answer to that question necessitates a brief historical consideration of the origin of uses and trusts.
Marbury V Madison And The Doctrine Of Judical Review, Edward S. Corwin
Marbury V Madison And The Doctrine Of Judical Review, Edward S. Corwin
Michigan Law Review
What is the exact legal basis of the power of the Supreme Court to pass upon the constitutionality of acts of Congress? Recent literature on the subject reveals a considerable variety of opinion. There are radicals who hold that the power owes its existence to an act of sheer usurpation by the Supreme Court itself, in the decision of Marbury v. Madison. There are conservatives who point to clauses of the Constitution which, they assure us, specifically confer the power. There are legists who refuse to go back of Marbury v. Madison, content in the ratification which, they assert, subsequent …
Note And Comment, George E. Kennedy, Paul B. Barringer Jr, John S. Kelley Jr
Note And Comment, George E. Kennedy, Paul B. Barringer Jr, John S. Kelley Jr
Michigan Law Review
The Constitutionality of the Webb-Kenyon Act - In the constitutional history of the commerce clause, by virtue of which absolute control of interstate commerce was given to the Federal Government, there is no question which has caused so much difficulty and has resulted in so many unsatisfactory and contradictory. statements of the law as that problem arising through the attempts of many States effectively to enforce prohibition laws. The power over interstate commerce, delegated to the Federal Government, and the police power, reserved to the States, have not seriously conflicted except in this one instance. But the delegation of power …
Book Reviews, Victor H. Lane, George Sunderland, Hessel E. Yntema
Book Reviews, Victor H. Lane, George Sunderland, Hessel E. Yntema
Michigan Law Review
A collection of book reviews by multiple authors.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Book Reviews, Henry M. Bates
Book Reviews, Henry M. Bates
Michigan Law Review
A collection of book reviews by multiple authors.
Trusts Based On Oral Promises To Hold In Trust To Convey Or To Devise Made By Voluntary Grantees, George P. Costigan Jr
Trusts Based On Oral Promises To Hold In Trust To Convey Or To Devise Made By Voluntary Grantees, George P. Costigan Jr
Michigan Law Review
Where a trust is claimed because a grantee has violated some oral promise in reliance upon which the conveyance to him was made, it is customary to say that he took upon an oral trust. That, however, is often not a correct statement of the situation unless an oral promise to convey or to devise to a third person, or to reconvey or to devise to the grantor, is necessarily to be deemed an oral promise to hold in trust. Many of the so-called oral-trust deed cases are really cases of contracts analogous to bailment contracts, made for the benefit …
Ontario Courts And Procedure, Herbert Harley
Ontario Courts And Procedure, Herbert Harley
Michigan Law Review
I cannot cover this part of the subject better than by quoting literally: "There are two classes of practitioners, barristers and solicitors. A lawyer must belong to one; most belong to both. The barrister alone can conduct a case at trial; the solicitor alone files pleadings."
Notes On Some Interesting Wills, Sidney T. Miller
Notes On Some Interesting Wills, Sidney T. Miller
Michigan Law Review
In treating of this subject no attempt is made to deal with wills analytically or with much technicality. Rather is it the writer's aim to call attention briefly to some wills, ancient or modern, which stand out from the great mass for one reason or another. It would be easy to enlarge this into a treatise on the general theories of will-making; of the customs of different times and localities which sanctioned this or that form,-of nuncupative wills, holographic wills, and the secret or mystic testament provided for by the Louisiana Code, which is sealed up by the testator and, …
Note And Comment, Charles Weintraub, William F. Spikes, Paul B. Barringer Jr, Stuart S. Wall, Ralph W. Aigler
Note And Comment, Charles Weintraub, William F. Spikes, Paul B. Barringer Jr, Stuart S. Wall, Ralph W. Aigler
Michigan Law Review
A Partnership as a Farmer in Bankruptcy - After much uncertainty and difference of opinion among the courts as to the position of Partnerships under the Bankruptcy Act certain phases of the problem were set at rest by the Supreme Court in Francis v. McNeal. By that case it seems to have been authoritatively settled (1) that in determining the solvency or insolvency of a partnership the individual estates available for payment of firm debts are to be considered, and (2) that an adjudication of the firm as such draws into the proceeding the administration of the estates of members …