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Articles 1 - 30 of 45
Full-Text Articles in Law
Some Historical Matter Concerning Literary Property, Edward S. Rogers
Some Historical Matter Concerning Literary Property, Edward S. Rogers
Michigan Law Review
The notion of property in published literary works was of gradual development. One may search in vain through classical literature and Roman law to find anything in the nature of copyright. Hearty condemnation of plagiarism is to be found. Stealing another man's labor and passing it off as one's own was a literary crime, but neither that nor open piracy seems to have been a matter of which the law took cognizance. Before the invention of printing, making manuscript copies of a book was such a laborious and time-consuming task that an ancient author must have felt sufficiently repaid if …
Topical Index To Recent Legal Literature, Michigan Law Review
Topical Index To Recent Legal Literature, Michigan Law Review
Michigan Law Review
No abstract provided.
Note And Comment, Harry B. Hutchins, Edson R. Sunderland
Note And Comment, Harry B. Hutchins, Edson R. Sunderland
Michigan Law Review
What is the Practice of Medicine?; The Extent of the Land to Which a Mechanics' Lien Attaches; May a Murderer Acquire Property From His victim by Descent or Devise?; One Way to Prevent Some of the "Law's Delays";
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy--Concealment of Property--Bankruptcy Schedules Inadmissible Against Bankrupt on Trial for Concealing Property; Bankruptcy--Jurisdiction--Recovering Excessive Counsel Fees; Bills and Notes--Extension of Time of Payment--Release of Lien of Trust Deed; Carriers--Error in Ticket--Ejection of Passenger; Carriers--Free Pass Within Statutory Prohibition; Constitutional Law--Judgment of Sister State--Full Faith and Credit; Corporations--Promoters--Sales to Corporation; Discovery--Personal In juries--Power of Court to Compel Physical Examination of Plaintiff; Divorce--Defense--Connivance; Elections--Primary Elections--Canvassing of Votes; Eminent Domain--Interest on Award Against the Government; Eminent Domain--"Private Property"--Owner's Remedy--Injunction; Evidence--Burden of Proof--Fraudulent Conveyances; Fire Insurance--Forfeiture of Policies--"Other Insurance"; Insurance--Subrogation--Accident Insurance; Judgment--Conclusiveness of Decision of United States Commissioner on Collateral Attack; Master and Servant--Disobedience …
Book Reviews, Henry M. Bates
Book Reviews, Henry M. Bates
Michigan Law Review
Crawford: The Negotiable Instruments Law, embracing a full text of the law as enacted, with copious annotations; Stimson: The American Constitution. The National Powers. The Rights of the States. The Liberties of the People.;
Book Reviews, Horace Lafayette Wilgus, John R. Rood
Book Reviews, Horace Lafayette Wilgus, John R. Rood
Michigan Law Review
Street: The Foundations of Legal Liability. A presentation of the Theory and Development of the Common Law.; Martin: Mining Law and land Office Procedure. With Statutes and Forms.; Devlin: The Treaty Power Under the Constitution of the United States; Freeman: The American State Reports. Containing the Cases of General Value and Authority Decided in the Courts of Last Resort of the Several States.;
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy--Jurisdiction--Appointment of Referee; Carriers--Liability for Baggage--Proximate Cause; Constitutional Law--Impairing Obligation of Contract; Constitutional Law--Police Power--Regulation of Liquor Traffic; Contract of Sale--Written Contract--Alteration by Parol; Corporations--Existence Apart from Stockholders--Corporation Composed of Negroes Not a "Colored" Person; Corporations--Transfer of Shares--Bona Fide Purchasers--Estoppel; Damages--Measure for Wrongful Levy and Detention; Deeds--Distinguished from Wills--Power of Disposition Reserved; Deeds--Reservation of Right of Action for Damages--Liability of Subsequent Vendee; Descent and Distribution--Murderer's Right to Take His Statutory Share of His Victim's Estate; Divorce--Abandonment--Insanity of Deserting Spouse; Easements--Construction--Automobiles as Carriages; Elections--Irregularities in Ballots; Evidence--Admissions of a Trustee Against the Cestui Que Trust; Evidence--Judicial Notice of Foreign Law; Homestead--Mortgage …
Recovery Of Money Paid Under Mistake Of Law, William P. Rogers
Recovery Of Money Paid Under Mistake Of Law, William P. Rogers
Michigan Law Review
Few questions which come before the courts seem more difficult to settle than those growing out of the maxim, ignorantia juris non excusat. The fact that the most recent decisions bearing on the subject are as much at variance and as conflicting as those rendered more than a century ago, is the excuse, if not a justification, for this article. It is proposed, however, to examine only that phase of the subject found in this inquiry: "Can one recover from another money paid under mistake of law to which the payee is not entitled, and which he can not in …
Note And Comment, John R. Rood
Note And Comment, John R. Rood
Michigan Law Review
Continuance in Control of Corporate Funds by Fraudulent Directors; Liability of Maker of Overdue Note to Garnishment; The Relation of the Bank to Its Depositors; Invalid Contracts for Contingent Fees;
An Organic Conception Of The Treaty-Making Power Vs. State Rights As Applicable To The United States, Charles Sumner Clancy
An Organic Conception Of The Treaty-Making Power Vs. State Rights As Applicable To The United States, Charles Sumner Clancy
Michigan Law Review
When we talk of the State, its rights or its structures, we are necessarily led to the inquiry, "What do we mean by the State?" Beginning with the proposition that the State is a composite formed of individuals whose lives are shaped by the life of the whole, it necessarily follows that a perfect understanding of any particular State would involve a knowledge of the characteristics of the members who compose it. This of course is obviously impossible, but the theory underlying States generally is founded upon general human characteristics. So we may take as a basis the great truth …
Topical Index To Recent Legal Literature, Michigan Law Review
Topical Index To Recent Legal Literature, Michigan Law Review
Michigan Law Review
No abstract provided.
Note And Comment, Harry B. Hutchins, Frank B. Fox, John E. Winner
Note And Comment, Harry B. Hutchins, Frank B. Fox, John E. Winner
Michigan Law Review
The Liability of a Physician for the Acts of His Partner; Municipal Taxation by Appointive Boards or Commissioners; The Right of a Married Woman to Recover for Personal Injuries; What is Corporate Action?;
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Acknowledgement--Persons Entitled to Take--Officer and Stock-Holder of Corporation; Agency--Brokers--contract of Employment--Middleman--When Commissions are Earned; Bankruptcy--Discharge--Vacation; Bankruptcy--Jurisdiction--Summary Proceeding; Bills and Notes--Liability of Infant on note Given for Necessaries--Misrepresentation of Age; Carriers--Passenger's Signature to Excursion Ticket; Constitutional Law--Eleventh Amendment--Jurisdiction of Federal Circuit Court--Penalty for Disobeying Rate Legislation; Constitutional Law--State Taxation--Property in Transit; Corporations--Franchise and License Distinguished; Damages--Liquidated Damages--Discounts; Death by Wrongful Act--Statute--Construction--Death Outside the State--Right to Sue; Deeds--Adverse Possession--Color of Title; Evidence--Admissions in Pleadings; Evidence--Best Evidence; Evidence--Works on History as Evidence; Extortion--Indictment--Sufficiency; Imprisonment for Debt--Solitary Confinement; Injunction--Scope of Order Restraining Strike; Insane Persons--Conveyances--Avoidance--Ejectment; Insurance--Rescission of Contract--Action for--Interest of Beneficiaries; Interstate Commerce--Regulation of, …
Recent Legal Literature, James H. Brewster, John R. Rood, James H. Brewster
Recent Legal Literature, James H. Brewster, John R. Rood, James H. Brewster
Michigan Law Review
Right Honourable Earl of halsbury: The Laws of England, Being a Complete Statement of the Whole Law of England; Dooling: Equitable Remedies of Creditors in Michigan; Train: True Stories of Crime from the District Attorney's Office;
The Corporation In The Street, Charles C. Dibble
The Corporation In The Street, Charles C. Dibble
Michigan Law Review
The modern street is not a simple roadway, but a complicated three-story structure in the use of which the general public, the city government, the abutting property owner and the licensed corporation are interested. Not often are streets so limited in capacity as the one in Frankfort, Kentucky, which was so narrow that the passage of a railroad train would have all but filled it, a condition which led the court to enjoin the construction of a track, though duly authorized. Generally there is room for all, and the use of the streets has been granted with the greatest liberality. …
Recent Legal Literature, Harry B. Hutchins, Jerome C. Knowlton
Recent Legal Literature, Harry B. Hutchins, Jerome C. Knowlton
Michigan Law Review
Hamlin: the Act to Regulate commerce and Act Supplementary Thereto; Maupin: marketable Title to Real Estate; Wilcox: Fallacies of the Law; Joslyn: Personal Injury Cases in Illinois
Note And Comment, Harry B. Hutchins, Stephen W. Downey, Francis B. Keeney, Clyde A. Dewitt
Note And Comment, Harry B. Hutchins, Stephen W. Downey, Francis B. Keeney, Clyde A. Dewitt
Michigan Law Review
Suits Against Trustee; Bills and Notes--Nonnegotiable Notes--Liability of Indorser; Bonds--Joint Stock Association--Negotiability; Carriers--Free Transportation as a Penalty; Carriers--Waiver of Stipulations as to Suits; Constitutional Law--Due Process of Law--Indeterminate Sentence Law; Constitutional Law--Corporations--Foreign Corporations--Exclusion For Removal of Cause to Federal Courts; Constitutional Law--Powers of Constitutional Convention; Criminal Law--Capital Offense--Bail--When Granted; Criminal Law--Murder--Elements of Murder; Damages--Action by Husband for Loss of Wife's Services; Damages--Failure to Deliver Telegram--Mental Suffering--Near Relative; Deeds--Joinder of Infant Husband; Divorce--Temporary Alimony and Counsel Fees--Appeal--Decisions Reviewable; Equity--Sworn Answers as Evidence--Proof to Overcome; Evidence--Opinion Evidence in Action for Libel; Evidence--The Best Evidence Rule; Fraudulent Conveyances--Delivery and Change of Possession of …
Recent Important Decisions, Michigan Law Reviw
Recent Important Decisions, Michigan Law Reviw
Michigan Law Review
Adverse Possession--Property Subject to Highways; Agency--Brokers--Commissions--When Earned; Bankruptcy--Acts of Bankruptcy--Payment with Intent to Prefer a Creditor; Bankruptcy--Jurisdiction of Court--Suits Between Trustee and Claimants of Property--Suites Against Trustee; Bills and Notes--Nonnegotiable Notes--Liability of Indorser; Bonds--Joint Stock Association--Negotiability; Carriers--Free Transportation as a Penalty; Carriers--Waiver of Stipulations as to Suits; Constitutional Law--Due Process of Law--Indeterminate Sentence Law; Constitutional Law--corporations--Foreign Corporations--Exclusion For Removal of Cause to Federal Courts; Constitutional law--Powers of Constitutional Convention; Criminal Law--Capital Offense--Bail--When Granted; Criminal Law--Murder--Elements of Murder; Damages--Action by Husband for Loss of Wife's Services; Damages--Failure to Deliver Telegram--Mental Suffering--Near Relative; Deeds--Joiner of Infant Husband; Divorce--Temporary Alimony and Counsel Fees--Appeal--Decisions …
The Michigan Constitutional Convention, John A. Fairlie
The Michigan Constitutional Convention, John A. Fairlie
Michigan Law Review
A year ago the writer of this article outlined in the Michigan Law Review "Some Suggested Changes in the Constitution of Michigan," in view of the Constitutional Convention that had been called to revise the Constitution in force. Since that time the members of the convention have been elected; and after four months of earnest work, the results of its labors have been presented to the people of Michigan in the proposed revised Constitution, which will be submitted for their approval or disapproval at the general election in November of the present year. It is proposed in this article to …
Limited Partnership In America And England, Francis M. Burdick
Limited Partnership In America And England, Francis M. Burdick
Michigan Law Review
At last Great Britain has legalized Limited Partnership. More than a quarter of a century ago, Sir Frederick Pollock called attention to the fact that the United Kingdom was almost the only civilized country of the world which had not adopted this institution. The remark was made in an address devoted to an explanation of a bill, which he had drafted, to cover the entire subject of partnership. Long before this, the economical advantages of limited partnership had been set forth by John Stuart Mill and other writers; and repeated attempts had been made to secure a statute legalizing this …
The Execution Of Sealed Instruments By An Agent, Floyd R. Mechem
The Execution Of Sealed Instruments By An Agent, Floyd R. Mechem
Michigan Law Review
Purpose of this article--The manager of the execution of instruments under seal, such as deeds, bonds and other solemn writings, is of so much importance and has been so frequently discussed, as to merit the more extended treatment, which it is the purpose of this article to devote to it. The word "deed" herein is used to describe all it instruments under seal, and not merely conveyances of land. It is to be observed that the question here is not how authority to execute sealed instruments is to be conferred, but how such an authority is to be executed.
Note And Comment
Michigan Law Review
The Case of Bigelow v. Calumet and Hecla Mining Company et al., Involving the Question of the Control by One Corporation of a Competing Corporation; The right of the Federal or a State government to Maintain an Action for the Recovery of Taxes; Liability of a Life Insurance Company When the Insured is Executed for the Commission of a Crime; Jurisdiction of a Court of Equity to Restrain the Commission of Criminal Acts; Municipal Contracts for Patented or Proprietary Paving
Recent Legal Literature, Henry M. Bates, Victor H. Lane
Recent Legal Literature, Henry M. Bates, Victor H. Lane
Michigan Law Review
Thayer: Legal Essays; Kennedy: Trial Evidence. A Synopsis of the Law of Evidence Generally Applicable to Trials.
The Proposed Court Of Patent Appeals, Otto Raymond Barnett
The Proposed Court Of Patent Appeals, Otto Raymond Barnett
Michigan Law Review
Experience has demonstrated that nowhere was the foresight and wisdom of the framers of the Federal Constitution more clearly shown than when they embodied in that instrument the provision that to encourage progress in science and the useful arts, Congress should have authority to secure to writers and inventors for limited times, exclusive rights to their productions. When the Federal Constitution was drafted, the manufacturing industries of this country were insignificant. Since then the industrial progress of the United States has been one of the marvels of the world's history and this progress and the supremacy of American manufacturers have …
Legal Ethics, Charles A. Kent
Legal Ethics, Charles A. Kent
Michigan Law Review
Legal ethics is a branch of general ethics. Some consideration of the latter is necessary to an understanding of the former. It is a fundamental fact that men generally, if not all sane men, distinguish certain courses of conduct as right and wrong; just as they say particular objects are beautiful and others ugly. They feel a duty to do some things and to refrain from others. If savages do not feel distinctly the sense of duty, at least they are indignant at certain conduct in their associates, and approve of other acts, on moral grounds. This sense of duty …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adoption--Defect in Proceedings--Effect; Bankruptcy--Equitable Rights under Unrecorded Mortgage--Agreement to Insure--Equitable Lien on Insurance Money; Bankruptcy--Insolvent Firm--Individual Estate of Unadjudicated Solvent Partner Not Subject to Administration; Bills and Notes--Liability of Indorser of Non-Negotiable Note; Bills and Notes--Liability of Irregular Indorser; Carriers--Wrongful Treatment of Passengers--Damages for Mental Suffering; Constitutional Law--Imprisonment for Debt--Peonage; Constitutional Law--Interstate Commerce--Shipments Within a State; Corporations--Foreign Corporations--Effect of Withdrawal From State--Validity of Service; Courts--Jurisdiction--Action Under the Laws of Another State; Covenants--Running with the Land; Damages--Destruction of Growing Grass; Evidence--Admissibility of a Deed as an Ancient Document; Evident--Admissions in Pleading; Garnishment--Nonresident Defendant--Jurisdiction; Jury--Right to Trial by Twelve Jurors--Waiver of Jury; …
The Rights And Remedies On Permitting, Diverting, Increasing And Obstructing The Natural Flow, John R. Rood
The Rights And Remedies On Permitting, Diverting, Increasing And Obstructing The Natural Flow, John R. Rood
Michigan Law Review
It is evident that no one hard and fast rule could be applied to all cases, either in city or country, "without producing injustice and impolitic results. The needs and conditions in city and country are different. They usually differ widely in different parts of the same city. These considerations have induced the Supreme Court of New Hampshire to adopt the flexible rule, that: "In determining this question all the circumstances of the case would, of course, be considered; and among them the nature and importance of the improvements sought to be made, the extent of the interference with the …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy--Assignment--Validity--Possession of Res.; Carriers--Assaults by Employees on Passengers; Constitutional Law--Judicial Powers--Legislative Action of City Council Not Enjoined; Constitutional Law--Privileges and Immunities; Constitutional Law--Taxation of Imports; Contracts--Accord and Satisfaction--Consideration; Corporations--Liability of Bondholders on "Bonus Stock"; Covenants--Creation by Acceptance of Deed Poll; Criminal Law--Habeas Corpus--Want of Jurisdiction; Damages--For Wrongful Cutting of Timber--Value of the Manufactured Lumber; Evidence--Admissions of a Tenant in Common; Evidence--Effect of Plaintiff's Refusal to Submit to Physical Examination; Equity--Laches; foreign Corporations--What Constitutes "doing Business" in the State--Restrictions on State in Case of Interstate Commerce; Injunction--Suspension of Operative Force Pending Appeal; Judgment--conclusiveness--Matters Concluded; Judgment--foreign Judgment--Enforcement; Landlord and Tenant--Trade Fixtures--Right of …
Roman Law And Mohammedan Jurisprudence, Part 3, Theodore P. Ion
Roman Law And Mohammedan Jurisprudence, Part 3, Theodore P. Ion
Michigan Law Review
After having, in a summary manner, reviewed the historical connection existing between the Roman and Mohammedan laws, and examined the social condition of their respective people, we now come to our last theme, namely, the comparison of their laws proper, which will show their similarity in more than one point. This examination-which will be preceded by an explanation of jurisprudence in both systems and an attempt to show the likeness of their respective jurisconsults-will be limited to certain subjects of personal law and contracts, and concluded with a few observations on judicial organization.
Note And Comment, Edson R. Sunderland, John E. Winner, Stephen W. Downey
Note And Comment, Edson R. Sunderland, John E. Winner, Stephen W. Downey
Michigan Law Review
Power of Municipal Corporations to Grant Exclusive Privileges; Police Regulation of Sleeping Car Berths; The Liability of a Husband for Slander and Libel Committed by His Wife; Sufficiency of a Verdict Which Fails to Fix the Time of an Attempt to Commit Burglary, the Punishment Varying With the Time; Grantor's Remedy on Breach of Condition Subsequent;