Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 79

Full-Text Articles in Law

Federal Incorporation, Myron W. Watkins Dec 1918

Federal Incorporation, Myron W. Watkins

Michigan Law Review

We have traced in the foregoing part the principal cases bearing directly upon the federal power of incorporation. To gain a just perspective of the attitude the court may take upon the constitutionality of an act requiring uniform federal incorporation of all businesses engaged in interstate commerce it is necessary to complete our review by an examination of the trend of the court's decisions involving other portions of the field of commerce regulation. The construction placed upon acts exerting other forms of regulation will not be so conclusive to our inquiry as the adjudication of the cases reviewed in the …


Recent Important Decisions, Michigan Law Review Dec 1918

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Building Restrictions - Single Private Dwelling on One Lot - What Is One Lot? Land was platted into sixty foot lots and conveyed from time to time to various purchasers subject to restriction, inter alia, that "There shall be nothing but a single private dwelling with the necessary outbuildings erected on each lot" Defendant became the owner of the westerly ten feet of lot 5o and the easterly forty feet of lot 51; the remaining twenty feet of lot 51 and the whole of lot 52 adjoining lot 51 on the other side became the property of plaintiff. Defendant being …


War Legislation Pertaining To The Army, Alfred A. Gillette Dec 1918

War Legislation Pertaining To The Army, Alfred A. Gillette

Michigan Law Review

At the time we entered the present war, we had approximately 1oo,ooo men actually in the federal service. We were confronted with the problem of raising and training a large army in a short time. There were in general two possible courses of action open before us. The first, which might seem to be the traditional method, was that of voluntary enlistment. But for I number of years, there had-been a growing sentiment among our people that the system of voluntary enlistment was neither right in principle nor in accord with the best interests of the nation. The plan these …


Note And Comment, Edson R. Sunderland, Edwin D. Dickinson, Horace Lafayette Wilgus, Willard T. Barbour, Victor H. Lane Dec 1918

Note And Comment, Edson R. Sunderland, Edwin D. Dickinson, Horace Lafayette Wilgus, Willard T. Barbour, Victor H. Lane

Michigan Law Review

The Writ of Prohibition - Procedural Delay - A disheartening recrudescence of procedural red-tape is found in a recent decision of the Supreme Court of Ohio. A contest arose over the jurisdiction of the Public Service Commission to fix telephone rates in Cleveland. The Commission was engaged in a determination as to the reasonableness of a schedule of rates filed by the telephone company, when a petition was filed in the Common Pleas Court for an injunction against the charging of rates other than those fixed by a city ordinance.


Book Reviews, Henry M. Bates, Horace Lafayette Wilgus Dec 1918

Book Reviews, Henry M. Bates, Horace Lafayette Wilgus

Michigan Law Review

Dr. Freund's book was read by the reviewer in the summer of 1917, but a combination of circumstances, greatly regretted by him, has prevented the completion and publishing of the review then pa'rtially prepared. The justification for printing it now lies in the excellence of Dr. Freund's work and. in the vital importance of careful study by American lawyers of the too long neglected field of legislation as, with the War, apparently ended, the Nation enters upon a period of political and social reconstruction, which seems destined to be epochal. With the organized forces of the titanic struggle halted, and …


Delivery And Acceptance Of Deeds, Herbert T. Tiffany Dec 1918

Delivery And Acceptance Of Deeds, Herbert T. Tiffany

Michigan Law Review

It is proposed, in the first part of this paper, to consider the nature of the delivery of a deed, more particularly a deed of conveyance, and the facts and circumstances which the courts have regarded as justifying an inference of delivery. The second part of the paper will be devoted to a consideration of the necessity of the acceptance of a deed, in addition to delivery, in order that it may have a legal operation.


Coercing A State To Pay A Judgement Virginia V West Virginia, Thomas Reed Powell Nov 1918

Coercing A State To Pay A Judgement Virginia V West Virginia, Thomas Reed Powell

Michigan Law Review

The Eleventh Amendment to the Federal Constitution postponed for over a century the settlement of the question whether a state of the United States can be coerced to pay a money judgment rendered against it in the Supreme Court of the United States. This it did by postponing the rendition of money judgments against a state. In 1793, it will be remembered, Chisholm v. Georgi4 had held that the provisions of Article III of the Constitution, extending the federal judicial power "to controversies * * * between a state and citizens of another state," and giving the Supreme Court original …


Alien Rights In The United States In Wartime, W C. Hunter Nov 1918

Alien Rights In The United States In Wartime, W C. Hunter

Michigan Law Review

The large number of aliens in the United States presents one of the many problems with which the Government has had to deal in the present war. Technically every immigrant from Germany and Austria-Hungary who has not taken out papers of naturalization and who therefor still owes allegiance to the Fatherland is an enemy alien. But while the great majority of these aliens are naturally sympathetic with German war aims, or at least are not ready to give their wholehearted support to the Allies, they are not a source of danger to the United States. Only a small section have …


Federal Incorporation, Myron W. Watkins Nov 1918

Federal Incorporation, Myron W. Watkins

Michigan Law Review

Since the beginning of our national history the Constitution, which is essentially the source of the law rather than its framework, has with more or less promptitude fulfilled the function of sanctioning new rules of action which will permit a fairly symmetrical institutional development in the face of the changing conditions of the environment in which the people live and think and act. Always the habits of the people are changing, always the situation facts are being modified, and the Constitution in its widest and truest meaning but provides the means whereby thru this flux the body of the people …


Note And Comment, James P. Hall, Henry M. Bates, Edgar N. Durfee, Willard T. Barbour, Ralph W. Aigler Nov 1918

Note And Comment, James P. Hall, Henry M. Bates, Edgar N. Durfee, Willard T. Barbour, Ralph W. Aigler

Michigan Law Review

The Law School - In common with all other law schools requiring college work for admission, this school has suffered a very heavy loss in attendance because of war conditions. This, however, is a matter for pride and not for discouragement for it means that our students have gone into the army or navy or other branches of the national service in very high ratio to their total number. And this is by no means due only to the effect of the Selective Service Act for from the very beginning our men have volunteered in great spirit and promptness. In …


Sociological Interpretation Of Law, Joseph H. Drake Jun 1918

Sociological Interpretation Of Law, Joseph H. Drake

Articles

It is not the purpose of this paper to essay a definition of either of the formidable words in the title. The object is rather to call attention away from the metaphysical question, what is law? to the sociological question, how may we best attain justice in the administration of law? and, by the aid of some examples from history and comparative law, to justify as legal and constitutional the sociological method of interpretation. That such justification is necessary is evident from the fact that although the dictum of Mr. Justice. HOLMES in the dissenting opinion in Lochner v. New …


Is A Contract Necessary To Create An Effective Escrow?, Ralph W. Aigler Jun 1918

Is A Contract Necessary To Create An Effective Escrow?, Ralph W. Aigler

Articles

WHERE land has been sold and both parties are desirous of protecting themselves pending full payment of the purchase price, there are two common ways of accomplishing their purpose without any change in legal ownership. There may be (1) a contract of sale properly evidenced so as to be enforceable, and (2) a deed executed by the vendor and placed "in escrow." Sometimes one method is preferred, sometimes the other. If the former is adopted, it is, of course, vitally important that the contract comply with the formal requirements of the law; in the latter there has been some difference …


Sources Of International Law, Charles G. Fenwick Apr 1918

Sources Of International Law, Charles G. Fenwick

Michigan Law Review

International law has clearly reached a drisis in its development. For a period of nearly 300 years preceding the outbreak of the present war international law appeared to the casual observer to have grown steadily and progressively. The student of history was able to point out certain clear and definite advances in the development of the law and assign them to particular dates. Grotius could be pronounced the Father of International Law, and the year 1625, which marked the appearance of his great treatise, could be set as the beginning of the modem period. A noticeable improvement in the law …


Bill Of Lading As Collateral Security Under Federal Laws, Frederick Thulin Apr 1918

Bill Of Lading As Collateral Security Under Federal Laws, Frederick Thulin

Michigan Law Review

The desirability of the bill of lading as collateral security has been recognized in business transactions for many decades. The foregoing fact arises from the inherent nature of the financing of transactions of foreign or domestic trade.


Legal Ethics, Clarence Archibald Lightner Apr 1918

Legal Ethics, Clarence Archibald Lightner

Michigan Law Review

My purpose here is a discussion of (I) the meaning of "ethics" in a professional sense, and (2) the relation to the subject of the "Canons of Ethics" of the American Bar Association. I have before me a valuable booklet1 in which the author opposes, in one chapter, "Ethical Instruction in the Schools" and, in the other chapter, he favors "Moral Instruction in the Schools." In his use of words, "ethical" means theory, a science, while "moral" means habits, an art. He persuasively opposes, therefore, the "ethical" while contending for the "moral."


Recent Important Decisions, Michigan Law Review Apr 1918

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy - Dichargeability of Tort Judgment - Plaintiff recovered judgment against X for damages caused by X's negligent operation of his automobile. Afterwards X obtained a discharge in bankruptcy. Held, that the judgment was thereby discharged. Jefferson Transfer Co. v. Hull, (Wis. 1918), I66 N. W. i.


Book Reviews, Joseph H. Drake, Victor H. Lane, Willard Barbour, Edwin C. Goddard, Robert E. Bunker Apr 1918

Book Reviews, Joseph H. Drake, Victor H. Lane, Willard Barbour, Edwin C. Goddard, Robert E. Bunker

Michigan Law Review

Science of Legal Method. Select Essays by Various Authors. Translation by Ernest Bruncken, Washington, D. C. and Layton B. Register of the University of Pennsylvania Law School. With Introductions by Henry N. Sheldon, Former justice of the Supreme Judicial Court of Massachusetts and by John W. Salmond, Solicitor General of New Zealand. Boston: The Boston Book Company, I917; pp. lxxxvi, 593.


Note And Comment, Raymond Archibald Fox, John R. Rood, Joseph H. Drake, Edwin C. Goddard Apr 1918

Note And Comment, Raymond Archibald Fox, John R. Rood, Joseph H. Drake, Edwin C. Goddard

Michigan Law Review

When the Descendants of a Predeceased Legatee Will Not Take Under a Statute of Substitution - There are in most states statutes declaring that if a person named as legatee dies before the testator, his descendants shall take his share. Downing v. Nicholson, 115 Ia. 493; Strong v. Smith, 84 Mich. 567; x8 A. & E. ENCYC. Ol LAw, 2d Ed. 755. A common type is such as is found in the Civil Code of California, sec. 1310, viz.: "When any estate is devised or bequeathed to any child or other relation of the testator and the devisee or legatee …


Note And Comment, Henry M. Bates, Edwin C. Goddard, John R. Rood Mar 1918

Note And Comment, Henry M. Bates, Edwin C. Goddard, John R. Rood

Michigan Law Review

The National Army Act and the Administration of the "Draft" - In Aryer v. U. S., and five similar cases attacking the validity of the socalled National Army Act of May 18, 1917, Public Statutes, No. 12, 65th Congress, c. -, - Stat. -. ) the Supreme Court unanimously sustained the validity of the Act so far as attacked. The contention that compulsory military service as provided in the Act is contrary to our fundamental conception of the nature of citizenship, and that such compulsion is repugnant to a free government and in conflict with the guaranties of the Constitution …


Recent Important Decisions, Michigan Law Review Mar 1918

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bills and Notes - Dishonor by Nonpayment - Marginal Memoranda for Partial Payments - Suit by the holder on the following note: "$100.00. Hampden, N. D., Sept. 2, 1909. "On or before Sept. 2, 191o, after date, I promise to pay to the order of the Sageng Threshing Machine Company, of Minneapolis, Minn., one hundred dollars. "Value received, with interest at 6 per cent. "[Signed] ALBERT BENSON. "$25 will be paid Nov. ist, 1909. "$25 will be paid Jan. Ist, I910."


Book Reviews, John B. Waite, Evans Holbrook Mar 1918

Book Reviews, John B. Waite, Evans Holbrook

Michigan Law Review

The Essentials of American Constitutional Law, by Francis Newton Thorpe, Professor of Political Science and Constitutional Law in the University of Pittsburgh. G. P. Putnam's Sons, 1917, pp. 279. This is a very readable presentation of the fundamental principles of Constitutional law. "Readable" is used advisedly because the book is written for readers rather than students of the subject. It is more a statement of principles than an exposition of their particular application. Furthermore, the principles as stated are less those which are expressed by the courts as the bases of decisions than those which inductive analysis shows to be …


German Legal Philosophy, John M. Zane Mar 1918

German Legal Philosophy, John M. Zane

Michigan Law Review

Annexed as an appendix to the translation of Kohler's Philosophy of Law is an appreciation of the work by Adolf Lasson, 1 who complains that he himself once wrote a philosophy of law which has sunk into oblivion, probably for the reason, as he modestly suggests, that he knew so much of systematic philosophy that he had no time to acquire any "special scientific learning either in the law or any other special department of knowledge."2 This complaint is a confession, child-like and amusing in its vanity, which could be dismissed without comment, were it not something that is wholly …


Book Reviews, John R. Rood, John B. Waite, Joseph H. Drake, Henry F. Adams, Edson R. Sunderland, Robert T. Crane, A S. Whitney Feb 1918

Book Reviews, John R. Rood, John B. Waite, Joseph H. Drake, Henry F. Adams, Edson R. Sunderland, Robert T. Crane, A S. Whitney

Michigan Law Review

If there is a living American qualified to prepare material for the student of future interests probably law teachers would agree that Professor Kales is the man. He has written a book on Future Estates in Illinois which has made a distinct impression on the law of that state and is recognized elsewhere as a sound and scholarly treatise. He has taught the course on future interests and illegal restraints at Northwestern University Law School for many years, and last year gave the same course at Harvard.


Admission To The Bar, Edwin C. Goddard Feb 1918

Admission To The Bar, Edwin C. Goddard

Articles

This article is written in the belief that the hour is here when some changes in admissions to the bar should be urged and urged again, when some things often thought and discussed in certain assemblies should be openly and frankly talked over with the profession at large.


Corporate Earnings As Gains Profits And Income As Depending Upon The Time Of Their Accrual, Robert M. Drysdale, Maurice C. Mcgiffin Feb 1918

Corporate Earnings As Gains Profits And Income As Depending Upon The Time Of Their Accrual, Robert M. Drysdale, Maurice C. Mcgiffin

Michigan Law Review

The discussion here has to do with the earnings of corporations as taxable income, whether such earnings remain in the hands of the corporation accumulating them, or are distributed to the stockholders as dividends, the inquiry being limited, however, to the question of the time of their accrual as affecting their taxability.


Note And Comment, Horace Lafayette Wilgus, Edson R. Sunderland, Evans Holbrook, Edgar N. Durfee Feb 1918

Note And Comment, Horace Lafayette Wilgus, Edson R. Sunderland, Evans Holbrook, Edgar N. Durfee

Michigan Law Review

Inducing Breach of Agreement by Employees Not to Join a Labor Union, in Order to Compel Unionization of Plaintiff's Business - In Hitchnan Coal & Coke Compazy v. John Mitchell, et al., (Dec. 10, 1917), 38 Sup. Ct. 6s, the novel question was presented to the Supreme Court of the United States, as to whether or not members of a labor Union could be enjoined from conspiring to persuade, and persuading, without violence or show of violence, plaintiff's employees, not members of the Union,-and who were working for plaintiff not for a specified time, but under an agreement not to …


Recent Important Decisions, Michigan Law Review Feb 1918

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Constitutional Law - Taxation - Public Purpose - Rev. St. Me. 1903, c. 4, sec. 87, authorized any municipality to establish a permanent wood, coal, and fuel yard for the purpose of selling wood, coal, and fuel to its inhabitants at cost. Held, not to violate the Fourteenth Amendment. Jones v. City of Portland (U. S., 1917), 38 Sup. Ct Rep. 112.


Class History: Law Class Of 1918, University Of Michigan Jan 1918

Class History: Law Class Of 1918, University Of Michigan

Yearbooks & Class Year Publications

Summary of the experience of the 1916 Law Class.


State Regulation Of The Canal Corporation In Colorado, Leonard P. Fox Jan 1918

State Regulation Of The Canal Corporation In Colorado, Leonard P. Fox

Michigan Law Review

Inapplicability of the common law doctrine of riparian rights to conditions in the arid region moved the first territorial legislature of Colorado to recognize the counter doctrine of prior appropriation. In fact, the right to the water in the streams of Colorado, by prior appropriation, antedated any legislation. "It was the common law of the people, and legislation, both national and territorial, was but a recognition declaratory of the right as it had theretofore and then existed."-1 Adhering to territorial precedent, Colorado was the first state to incorporate the priority doctrine in its organic law.


Book Reviews, W B. Shaw, Horace Lafayette Wilgus, Robert E. Bunker, Willard T. Barbour, Evans Holbrook, Victor H. Lane Jan 1918

Book Reviews, W B. Shaw, Horace Lafayette Wilgus, Robert E. Bunker, Willard T. Barbour, Evans Holbrook, Victor H. Lane

Michigan Law Review

It was peculiarly fortunate for the cause of the American Revolution that the sympathies of the French people and the policies of the French foreign office which knew no diplomatic methods save those of secret diplomacy, were for once heartily in accord in support of the American revolutionists. Professor Corwin in this book deals entirely with the complicated and obscure political plots and counter-plots which eventually led France to espouse openly the cause of the revolting colonies. The whole question of the timely aid France gave to America has, of course, a very particular value at the present time when …