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

Law Commons™

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

University of Michigan Law School

Discipline
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 20791 - 20820 of 21856

Full-Text Articles in Law

Trusts Based On Oral Promises To Hold In Trust To Convey Or To Devise Made By Voluntary Grantees, George P. Costigan Jr May 1914

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.

Go to article

Marbury V Madison And The Doctrine Of Judical Review, Edward S. Corwin May 1914

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 …

Go to article

Constitutional Background Of The Recent Japanese Anti-Alien Land Bill Controversy, Harriette M. Dilla May 1914

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 …

Go to article

Note And Comment, George E. Kennedy, Paul B. Barringer Jr, John S. Kelley Jr May 1914

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 …

Go to article

Recent Important Decisions May 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Go to article

Book Reviews, Victor H. Lane, George Sunderland, Hessel E. Yntema May 1914

Book Reviews, Victor H. Lane, George Sunderland, Hessel E. Yntema

Michigan Law Review

A collection of book reviews by multiple authors.

Go to article

Trusts Based On Oral Promises To Hold In Trust To Convey Or To Devise Made By Voluntary Grantees, George P. Costigan Jr Apr 1914

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 …

Go to article

Ontario Courts And Procedure, Herbert Harley Apr 1914

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."

Go to article

Notes On Some Interesting Wills, Sidney T. Miller Apr 1914

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, …

Go to article

Recent Important Decisions Apr 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Go to article

Book Reviews, Henry M. Bates Apr 1914

Book Reviews, Henry M. Bates

Michigan Law Review

A collection of book reviews by multiple authors.

Go to article

Note And Comment, Charles Weintraub, William F. Spikes, Paul B. Barringer Jr, Stuart S. Wall, Ralph W. Aigler Apr 1914

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 …

Go to article

Ontario Courts And Procedure, Herbert Harley Mar 1914

Ontario Courts And Procedure, Herbert Harley

Michigan Law Review

The progress made in England under the Judicature Acts of 1873 and 1875, with occasional revisions of procedure, has a deep interest for the American lawyer in search of judicial efficiency. In recent years a number of our lawyers have studied the English courts at first hand and upon their return have spread the news of great accomplishments in the home of the common law. These enthusiastic reports have been subjected to incisive criticism, so that controversy has arisen, and it has been difficult to determine to what extent inference from undoubted facts would apply to our own unsettled conditions. …

Go to article

Proposed Remedies In Court Procedure, Willis B. Perkins Mar 1914

Proposed Remedies In Court Procedure, Willis B. Perkins

Michigan Law Review

It is the judgment of the writer that the chief function of the legislature is to declare substantive rights. Court procedure being but the machinery by which substantive rights are determined, the responsibility for the effectiveness of that machinery should rest alone upon the courts. Unnecessary prolixity and confusion too frequently result from the present two-fold source of procedural law.

Go to article

Registration Of Land Titles, John R. Rood Mar 1914

Registration Of Land Titles, John R. Rood

Michigan Law Review

It is proposed in this paper to consider some of the advantages and disadvantages of the older system of no registration, the later system of registering the instruments of conveyance, and the latest system of making the title depend entirely on a recorded adjudication that it is thus and so, which absolutely displaces all former titles-adjudicated or otherwise. It is also proposed to consider some of the reasons why the older systems persist.

Go to article

Note And Comment, George E. Kennedy, John S. Kelley, Donald F. Melhorn, Grover C. Grismore Mar 1914

Note And Comment, George E. Kennedy, John S. Kelley, Donald F. Melhorn, Grover C. Grismore

Michigan Law Review

The Right of the Patentee to Control the Resale Price - Of the recent decisions of the Supreme Court of the United States, Bauer and Cie. v. O'Donnell, the so-called Price Maintenance Case, was of vital importance to a large number of manufacturers of patented articles. That this decision had a great effect upon such manufacturers is evidenced by the various ingenious methods ahd devices which have since been adopted by numerous manufacturers to avoid the operation and application of the principles set forth in the decision of that case.

Go to article

Recent Important Decisions Mar 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Go to article

Basic Doctrine Of American Constitutional Law, Edward Corwin Feb 1914

Basic Doctrine Of American Constitutional Law, Edward Corwin

Michigan Law Review

The two leading doctrines of American Constitutional Law before the Civil War, affecting state legislative power, were the Doctrine of Vested Rights and the Doctrine of the Police Power. The two doctrines are in a way complementary concepts, inasmuch as they represent the reaction upon each other of the earlier conflicting theories of natural rights and legislative sovereignty. But the older doctrine is the, doctrine of vested rights, which may be said to have flourished before the rise of the Jacksonian Democracy. Furthermore, if Constitutional Law be regarded from the point of view of its main purpose, namely, that of …

Go to article

Legislating The Incumbent Out Of Office, W. Gordon Stoner Feb 1914

Legislating The Incumbent Out Of Office, W. Gordon Stoner

Michigan Law Review

Under the English common law the officer's right or interest in the office which he held was regarded as a property right, an incorporeal hereditament. Largely because of the inherent difference between the nature and incidents of the public office at common law and those of the public office in this country, this conception never gained general acceptance here. In a few cases, and particularly in the decisions of the courts of North Carolina, offices have been asserted to be the property of the rightful incumbent. In these decisions the officer's right has been regarded as less absolute, perhaps, than …

Go to article

Book Reviews, Robert E. Bunker, Gordon Stoner Feb 1914

Book Reviews, Robert E. Bunker, Gordon Stoner

Michigan Law Review

A collection of book reviews by multiple authors.

Go to article

Note And Comment, Clair B. Hughes, Stanley E. Gifford, Stuart S. Wall, Ralph W. Aigler, Gordon Stoner Feb 1914

Note And Comment, Clair B. Hughes, Stanley E. Gifford, Stuart S. Wall, Ralph W. Aigler, Gordon Stoner

Michigan Law Review

Adverse Possession in the Case of the Rights of Way of the Pacific Railroad Companies - While the weight of authority is probably to the effect that railroad rights of way may be lost by adverse possession, the authorities are by no means agreed. The rights of way of certain of the Pacific Railroad Companies have been declared not to be subject to the ordinary rules as to adverse possession, on the ground that by the Congressional grants the four-hundred-foot-strips -were conveyed only for railroad purposes with the ultimate possibility of reverter in the United States, which had the effect …

Go to article

Recent Important Decisions Feb 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Go to article

English Judicature Act Of 1873, Willis B. Perkins Feb 1914

English Judicature Act Of 1873, Willis B. Perkins

Michigan Law Review

It seems to be the general impression that reform in judicial procedure is a new and radical thing in the history of jurisprudence. This is far from the fact. It is as old as jurisprudence itself. From Solon to Justinian, from Justinian to the Magna Charta, from the Magna Charta to Bentham, from Bentham to Field, and in every civilized country, radical changes have taken place from time to time, touching both procedure and substantive law. Court systems have been codified, systematized and rearranged to meet advancing and changing social and industrial conditions. From the religious ceremonies, constituting the methods …

Go to article

1914 Law Class: Directory Jan 1914

1914 Law Class: Directory

Yearbooks & Class Year Publications

1949 edition of the directory of the Law Class of 1914.

Go to article

Directory Of The Law Class Of 1914 Jan 1914

Directory Of The Law Class Of 1914

Yearbooks & Class Year Publications

1930 edition of the directory of the Law Class of 1914.

Go to article

Private Corporations, Horace La Fayette Wilgus Jan 1914

Private Corporations, Horace La Fayette Wilgus

Books

This subject will be treated in the following order: The general nature of a corporation. Definition and history. The corporation as a person. The corporation as a collection of individuals.The corporation as a franchise. Corporations and other institutions.Tests of corporate existence. Class of corporations. Creation of corporations. The state's functions. The promoter's functions. The corporate charter. The association agreement. Organization. The body corporate. Members and organs of action. Internal relations. Corporate funds. Corporate name. Corporate life. Corporate death- dissolution. Corporate powers and liabilities. Powers in general. Classes of corporate powers.Particular powers. Ultra vires. Torts and crimes. The corporation and the …

Go to article

University Of Michigan: 1914 Law Class Jan 1914

University Of Michigan: 1914 Law Class

Yearbooks & Class Year Publications

Directory of the Law Class of 1914.

Go to article

Book Reviews, John B. Waite, Hester E. Yntema, Victor H. Lane, Edwin C. Goddard Jan 1914

Book Reviews, John B. Waite, Hester E. Yntema, Victor H. Lane, Edwin C. Goddard

Michigan Law Review

A collection of book reviews by multiple authors.

Go to article

Editorial Preface To This Volume, Joseph H. Drake Jan 1914

Editorial Preface To This Volume, Joseph H. Drake

Other Publications

In his editorial preface to Formal Bases of the Law, Professor Drake offers a detailed summary of Del Vecchio’s historical survey of the philosophy of law. Drake reiterates that “the struggle for better definition of law has resulted in continually widening the practical application of law. In like manner it may be shown that the constant broadening of the metaphysical bases of law has been accompanied by improvements in its practice, and to this purpose we may well address ourselves.” From Aristotle to Grotius, to neo-Kantians and neo-Hegelians… “Law is neither force simply nor growth simply, but law is right …

Go to article

Commencement Week Exercises Program, University Of Michigan Law School Jan 1914

Commencement Week Exercises Program, University Of Michigan Law School

Commencement and Honors Materials

Program for the June 21 to June 25, 1914 University of Michigan Law School commencement week exercises.

Go to article

First Prev Next Last