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Articles 20881 - 20910 of 21834

Full-Text Articles in Law

What Is The Law? Ii, Joseph W. Bingham Dec 1912

What Is The Law? Ii, Joseph W. Bingham

Michigan Law Review

I shall now discuss briefly the nature of the causal effects of precedents upon judicial decisions and the justifications for those effects. One frequently hears laymen scoffing at the respect which courts pay to precedents and sometimes displaying a lamentable ignorance both of the nature of the influence which precedents have on the law and of the reasons for the existence of that influence. The influence of past example on human action pervades all human conduct and endeavor at all times. That influence is fundamental. It occurs through instinctive as well as intelligent processes and sometimes runs to unreasonable extents. …

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Bank Deposits And Collections, Ralph J. Baker Dec 1912

Bank Deposits And Collections, Ralph J. Baker

Michigan Law Review

Insolvency, no less than natural death, is a tragedy which comes into the midst of business transactions, fixing the claims of parties, and calling for the application of legal principles to determine the nature and extent of their rights. Perhaps no business relationship is more frequent than that of banker and customer or depositor. And while insolvency of banking institutions is happily less frequent than in the ordinary business, it is not so uncommon that questions therein are not often in the courts for adjudication. It would, therefore, be a natural deduction that the legal principles applicable should be comparatively …

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The Liability Of A Principal For The Penal Or Criminal Acts Of His Agent, Floyd R. Meechem Dec 1912

The Liability Of A Principal For The Penal Or Criminal Acts Of His Agent, Floyd R. Meechem

Michigan Law Review

What Here Involved. In a previous article the question of the liability of a principal or master for the wilful or malicious acts of his servant or agent, was considered. It is proposed here to consider the liability of a principal or master for the penal or criminal acts of his agent or servant. This will involve two aspects: (a) The civil liability of the principal or master, and (b) His penal or criminal liability.

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Note And Comment, Joseph J. Kennedy, Samuel H. Morris, Burke W. Shartel, George S. Burgess Dec 1912

Note And Comment, Joseph J. Kennedy, Samuel H. Morris, Burke W. Shartel, George S. Burgess

Michigan Law Review

Attendance at the Law School; An Extreme Case in the Application of the Safety Appliance Act; Advisory Opinions; Refusal of Specific Performance Where Subsequent Unexpected Events Render it Inequitable; Is Vasectomy a Cruel Punishment

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Recent Important Decisions, Michigan Law Review Dec 1912

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession--Railroads--Effect of Change of Line; Bankruptcy--Extension of Time for Filing Petition for Discharge; Bankruptcy--Voidable Preferences--Proceeds of Fire Insurance Policy; Bills and Notes--Liability of Irregular Indorser--Questions for Jury; Bills and Notes--Negotiability--Law Governing; Boundaries--Street--Land Made by Change in Street; Commerce--Interstate Commerce on Route Between Two Points in Same State; Criminal Law--Dead Bodies--Proper Burial; Constitutional Law--Involuntary Servitude; Deeds--New Grantee in Habendum--Construction; Deeds--Parol Reservation of Growing Crops by Vendor of Land; Evidence--Admissibility of Statements of a prior Holder of Negotiable Paper Against Transferee; Evidence--Right to Introduce Secondary Evidence of Contents of a Document When the Original is Beyond Jurisdiction of the Court; Guardian …

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Book Reviews, Henry M. Bates, Henry M. Bates Nov 1912

Book Reviews, Henry M. Bates, Henry M. Bates

Michigan Law Review

Hall: Constitutional Law; McClain: Constitutional Law in the United States; McCarthy: The Wisconsin Idea; Moore: Four Phases of American Development--Federalism, Democracy, Imperialism and Expansion;

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The Need Of A Scientific Study Of Crime, Crimninal Law, And Procedure--The American Institute Of Criminal Law And Criminology, Eugene A. Gilmore Nov 1912

The Need Of A Scientific Study Of Crime, Crimninal Law, And Procedure--The American Institute Of Criminal Law And Criminology, Eugene A. Gilmore

Michigan Law Review

The multiplying instances of the delay or seeming miscarriage of justice, together with the indications that crime is not diminishing in this country, as it is in most progressive European countries, are responsible for the widespread feeling that American Criminal Law and Administration are ineffective as a corrective system, and thus fail adequately to protect society; that as President Taft puts it, "The administration of criminal law in this country is a disgrace to our civilization." Defective organization of courts, cumbrous and costly procedure and excessive emphasis on technicalities afford an undue advantage to the law-breaker of means and deepen …

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What Is The Law?, Joseph W. Bingham Nov 1912

What Is The Law?, Joseph W. Bingham

Michigan Law Review

It is intended that this title shall demand an analysis of the field of study in which the lawyer or jurist works and a determination of its essential and contributing elements. The purpose of the article is to sketch briefly a partial answer which will be instructive and helpful to the student who faces the problem as I faced it some ten years ago. I do not expect that anything new will be found in these ideas. I imagine that all of them must have been expressed many times before. Some of them are common­place. None is esoteric. Probably the …

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Note And Comment, Ralph W. Aigler, Robert L. Mayall Nov 1912

Note And Comment, Ralph W. Aigler, Robert L. Mayall

Michigan Law Review

The Law School; Possession Under Mistake, as Adverse Possession; Limitation of Carrier's Common-Law Liability; The Force and Effect of State Insolvency Laws Under the Bankruptcy Act of 1898;

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Recent Important Decisions, Michigan Law Review Nov 1912

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Animals--Abuse--Malice Toward the Owner; Assault and Battery--Apparent Ability; Bankruptcy--marshaling Assets of Partnership and of Constituent Firm; Banks and Banking--Checks--Fictitious Payee; Bills and Notes--Bona Fide Holder; Carrier--duty to Protect Passengers; Constitutional law--Division of Powers--Infringement on Executive; Constitutional law--Eminent Domain--Supersedure of Ordinance of 1787; Constitutional law--Special Legislation--Automobiles; Corporations--Issue of Stock--Corporation of Two States; Courts--Jurisdiction--Damage to Real Property Without the State--Negligence; Damage--Personal Injuries Contributing to Disease; Deeds--Assignment o fright of Entry Between Heirs; Deeds--Restrictive Covenant--"building" Defined; Equity--Infringement of Trade Marks--"Clean Hands"--Husband and Wife--Estate by Entirety--Conveyance of Husband's Interest; Judgment--Effect of the Transcript of a Justice's Judgement Filed in the District Court; Judgment--Estoppel--Homestead; Marriage--What …

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Judicial Criticism Of Legislation By Courts, Charles G. Haines Nov 1912

Judicial Criticism Of Legislation By Courts, Charles G. Haines

Michigan Law Review

In the application of the doctrine of judicial review of legislative acts, the federal courts of the United States have not infrequently been criticised for usurping part of the functions of the legislature. The criticisms have increased to such an extent as to raise an issue of national significance. Recently, charges against the judiciary for the usurpation of legislative functions have been made rather frequently by the justices of our federal Supreme Comt. The late Associate Justice Harlan, dissenting in part from the reasoning of the majority of the court in the Standard Oil case, brought such a criticism against …

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Some Unscheduled Liabilities Of Trust Companies, Henry M. Bates Sep 1912

Some Unscheduled Liabilities Of Trust Companies, Henry M. Bates

Articles

"The modern trust company, with its varied and highly developed functions, is a characteristic product of our present complex civilization... The trust company, as some one has said, has become the corporation's corporation, a sort of super-corporation.... The question then naturally arises, is there any law peculiar to trust companies?"

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Note And Comment, Sigmund W. David, Newton K. Fox, Harold R. Curtis, Aquilla C. Lewis, Albert R. Dilley Jun 1912

Note And Comment, Sigmund W. David, Newton K. Fox, Harold R. Curtis, Aquilla C. Lewis, Albert R. Dilley

Michigan Law Review

Civil Liability for False Testimony; Review by the Courts of the Decisions of the Land Department; Right of One Partner to Sue His Co-Partners in Conversion; Does a Tax Deed, Void on it Face, Give Color of Title; Interference With Employment by Trade Union;

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Book Reviews, Joseph H. Drake, Joseph H. Drake Jun 1912

Book Reviews, Joseph H. Drake, Joseph H. Drake

Michigan Law Review

The Modern Legal Philosophy Series; Borchard: Guide to the Law and Legal Literature of Germany

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Restrictions On The Use Of Patented Articles, Edward S. Rogers Jun 1912

Restrictions On The Use Of Patented Articles, Edward S. Rogers

Michigan Law Review

The case of Henry v. Dick recently decided by the Supreme Court of the United States, has occasioned considerable unfavorable comment in the public press. It seems to be the opinion of many that the decision lays down a new principle of law, particularly adaptable to the working of a monopoly, and that the public is, under the supposed new principle, exposed to a practically unlimited exploitation by any patentee. It is believed that neither of these contentions is correct.

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The Pelatiah Webster Myth, Edward S. Corwin Jun 1912

The Pelatiah Webster Myth, Edward S. Corwin

Michigan Law Review

For several years Mr. Hannis Taylor has been endeavoring to persuade the American public that the Constitution, instead of being the work of the Convention of 1787, acting under the guidance of men like Madison, Hamilton, Pinckney, Patterson, Ellsworth, and others of similar caliber, was really the invention of a single individual, Pelatiah Webster by name, whose fame, till Mr. Taylor's resurrection of it in The North American Review for August, 1907, had dropped quite out of historical notice. Since this first publication of his discovery, Mr.Taylor has returned to the attack time and time again, now in a memorial …

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Recent Important Decisions, Michigan Law Review Jun 1912

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Fiduciary Relation--Right of Principal to Agent's Acquisitions--Patents for Agent's Inventions; Bankruptcy--Insurance Policies as Assets; Carriers--Duty Toward Alighting Passenger; Commerce--Conflicting State and Federal Regulation; Constitutional law--Restrictive Labor Laws for Women; Contributory Negligence--Children; Conveyancing--Covenants--Construction of "Business" in Restrictive Covenant; corporations--Director's Meetings--Effect of Surprise, Trick, or Fraud in Securing a Quorum; Corporations--Eleemosynary--Liability of Educational Institution for Torts; Corporations--Fraudulent Organization--Corporation a Nullity; Criminal Law--Wife Abandonment--Proper Venue; Damages--Breach of Contract--Value of Unmatured Crops; Damages--Master and Servant--Wrongful Discharge of Servant; Dedication--requisites, Sufficiency and Acceptance; Deeds--Rule in Shelley's Case; Equity--Temporary Injunction--Function and Effect; Garnishment--Possession of Garnishee--Safety Deposit Box; Husband and Wife--Power of Wife to Dispose of Her …

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National Power And State Interposition 1787-1861, Edwin S. Corwin May 1912

National Power And State Interposition 1787-1861, Edwin S. Corwin

Michigan Law Review

Fifty years have elapsed since South Carolina pretended to leave the Union. Looking over recent writings of northern men on the constitutional phase of that momentous event, one will find among their authors a strong disposition to throw up the whole case on the question of the legal rightfulness of secession. For this phenomenon four reasons may be assigned : (1) sheer human indolence; (2) the fact that the apologetic zeal of the conquered is notoriously apt to overbear the conciliatory complacency of the conqueror; (3) the fact that by a species of intellectual inertia the mind of the student …

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Note And Comment, Dean L. Lucking, Paul P. Farrens, George E. Brand, Walle W. Merritt, Albert E. Merder May 1912

Note And Comment, Dean L. Lucking, Paul P. Farrens, George E. Brand, Walle W. Merritt, Albert E. Merder

Michigan Law Review

Concealing a Secret Trust by Making an Absolute Testamentary Gift to Testator's Solicitor; Conflict of State and Federal Regulations of Interstate Commerce Before the Latter Becomes Operative; Adverse Possession by an Alien and the Effect of Statute Removing an Alien's Disability to Inherit; The Rescission of a Pre-Corporate Contract on the Ground of Promoter's Fraud; When is an Agreement "Not to be Performed Within a Year"

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Book Reviews May 1912

Book Reviews

Michigan Law Review

Pollock: The Genius of the Common Law;

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A Surety's Claim Against His Bankrupt Principal Under The Present Law, Evans Holbrook May 1912

A Surety's Claim Against His Bankrupt Principal Under The Present Law, Evans Holbrook

Articles

"The peculiar three-sided relationship of principal, surety and creditor gives rise to many vexatious questions of law, and one of the most interesting is that of the relationship between surety and principal in the case of the latter's bankruptcy."

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Implication Of Life Estates, Distributive Construction And Disposition Of Intermediate Income, Albert M. Kales May 1912

Implication Of Life Estates, Distributive Construction And Disposition Of Intermediate Income, Albert M. Kales

Michigan Law Review

The Problems Stated. Suppose a testator makes a devise or bequest to take effect after the death of A, without however expressly giving any interest to A. Does A take a life estate by implication? If not, what happens to the income or the rents and profits? Suppose a testator devise Blackacre to A for life and after the death of A said Blackacre together with other property is devised to B. Here three questions at once arise. Does A take a life estate by implication in the property other than Blackacre? If not, then are the words "after the …

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Procedural Law Reform, Willis B. Perkins May 1912

Procedural Law Reform, Willis B. Perkins

Michigan Law Review

It is said that under our present practice, no matter how just the verdict and judgment of the court below may be, no lawyer can guarantee that his case may not be reversed by the Supreme Court. Is this criticism well-founded in fact; and, if so, is it a reflection upon our present methods of legal procedure? The statisticians tell us that no less than twenty per cent of all the cases taken to our appellate courts relate to questions of practice, and that throughout the country in forty per cent of these cases new trials are granted. In our …

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Recent Important Decisions, Michigan Law Review May 1912

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Actos of Bankruptcy--Partnership Preferences; Bankruptcy--constitutional Protection Afforded by the Fourth and Fifth Amendments to the Constitution; Bankruptcy--Interest--When Payable After Date of Filing Petition and up to date of Payment; Banks and Banking--Payment of Check to Wrong Person--Estoppel; Bills and Notes--Construction of Instrument--Negotiable Notes; bills and Notes--Indorsers--Notice of Dishonor by Telephone--Sufficiency; constitutional Law--Due Process of Law--Criminal Insane; electricity--Interfering Currents; Equity--Injunction Against Unfair Competition; Fishery--In Gross or Appurtenant; Homestead--Abandonment--Removal From State; Insanity--Court Cannot Interfere if Defendant has Refused to Set it up as a Defense at the Trial; Insurance--Foreign Insurance Companies--Liability on Losses Occurring After Dissolution; Libel and Slander--Qualified Privilege--Priest and Congregation; …

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The State Governor Ii, John A. Fairlie Apr 1912

The State Governor Ii, John A. Fairlie

Michigan Law Review

The power of the governor over the executive administration includes on the one hand his general control over the whole administration, and on the other hand the special authority conferred in certain particular branches of administration. His general authority is based on his control over the personnel of the administration, by means of his powers of appointment and removal; and by his power to see that the laws are executed, and more specific authority to direct and control the actions of subordinate officials. His special administrative powers include those in relation to military affairs and the external affairs of the …

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Note And Comment, Ralph W. Aigler, Paul P. Farrens, Newton K. Fox, Leonard F. Martin, Albino Z. Sycip Apr 1912

Note And Comment, Ralph W. Aigler, Paul P. Farrens, Newton K. Fox, Leonard F. Martin, Albino Z. Sycip

Michigan Law Review

Provability in Bankruptcy of Claims Arising out of Alimony Decrees or Separation Agreements Between Husband and Wife; The Scope and Function of the Federal Employer's Liability Act; Control by the Judiciary Over the Chief Executive of a State; What Constitutes an Appearance in an Action for Divorce; The Question of the Validity of a Stipulation for Attorney's Fees Under the Negotiable Instruments Law

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Recent Important Decisions, Michigan Law Review Apr 1912

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession--Possession of One Joint-Tenant as Possession of All; Bankruptcy--manner of Claiming Exemptions--Construction of Provisions Relating to Exemptions; Bankruptcy--Title to Property of Bankrupt After Adjudication and Before Election of Trustee; Bills and Notes--Agreement for Attorney Fee Void Under Negotiable Instruments Act; Champterty and Maintenance--Contract with attorney for Contingent Fee; Commerce--Carriers--Federal Employer's Liability Act Held Constitutional; Commerce--State Regulation--Intoxicating Liquors--Carrier's Refusal to Accept; Constitutional law--Equal Protection--Discrimination in License Tax; damages--Injuries to Growing Crops; Damages--liability of Corporation in Punitive Damages for Acts of Its Officers; Evidence--Carbon Copy Admissible as Duplicate Original; Evidence--Judicial Notice that Beer is an Intoxicating Liquor; Garnishment--Impeaching Affidavit--Dissolution; Infants--Torts--Breach of …

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Book Reviews, Edson R. Sunderland Apr 1912

Book Reviews, Edson R. Sunderland

Michigan Law Review

Nichols: Michigan Forms of Procedure at Law

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University Of Michigan Department Of Law Annual Announcement 1912-1913 And Catalogue Of Students 1911-1912, University Of Michigan Law School Mar 1912

University Of Michigan Department Of Law Annual Announcement 1912-1913 And Catalogue Of Students 1911-1912, University Of Michigan Law School

Law School Announcement and Bulletins

Department of Law; The Department Building; Library; Directions to Candidates for Admission; Requirements for Admission; Admission as Candidate for a Degree; Combined Course in Collegiate and Law Studies; Admission of Special Students; Admission to Advanced Standing; Class Rating; Degrees; Courses of Instruction; Special Courses; Fourth Year Course; Examinations; The Practice Court; Conveyancing; Oratory; Oratorical Associations; Literary Societies; Work in the Department of Literature, Science, and the Arts; Text-Books and Books of Reference; Fees and Expenses; Michigan Law Review; Summer Session; Registration; Requirements for Admission; Fees; Credit; Advanced Standing; Courses of Study; Schedule of Work for 1912; Courses of Free Lectures; …

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Note And Comment, Ralph W. Aigler, Langdon H. Larwill, Walter R. Metz Mar 1912

Note And Comment, Ralph W. Aigler, Langdon H. Larwill, Walter R. Metz

Michigan Law Review

The Rule of Certainty in Damages and the Value of a Chance; Is a Bank Check an Assignment Pro Tanto of the Fund on Deposit?; The "Finger-Print" Case; Right of Husband to Recover Alimony Independent of an Action for Divorce;

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