Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (1622)
- State and Local Government Law (947)
- Torts (910)
- Courts (879)
- Contracts (846)
-
- Estates and Trusts (841)
- Supreme Court of the United States (837)
- Legislation (770)
- Property Law and Real Estate (747)
- Legal History (684)
- Legal Writing and Research (674)
- Criminal Law (636)
- Labor and Employment Law (625)
- Business Organizations Law (596)
- Evidence (542)
- Jurisdiction (541)
- Tax Law (500)
- Banking and Finance Law (475)
- Criminal Procedure (462)
- Civil Rights and Discrimination (461)
- Securities Law (456)
- Litigation (446)
- Law and Society (423)
- Commercial Law (421)
- Civil Procedure (418)
- Administrative Law (404)
- Fourteenth Amendment (361)
- Common Law (358)
- Comparative and Foreign Law (353)
- Keyword
-
- United States Supreme Court (403)
- Book reviews (277)
- Liability (266)
- Negligence (249)
- Michigan (245)
-
- History (239)
- Fraud (222)
- New York (205)
- Due process (192)
- Treatises (185)
- Publications (173)
- Constitution (166)
- Judicial review (157)
- Intent (149)
- Law reform (149)
- Regulation (143)
- Race and law (135)
- Fifth Amendment (133)
- Corporations (126)
- Lawyers (122)
- Law professors (120)
- State courts (120)
- Federal courts (112)
- England (109)
- Interstate commerce (108)
- University of Michigan Law School (107)
- California (96)
- Competition (96)
- Racism (96)
- Clayton Act (95)
- Publication Year
- File Type
Articles 10021 - 10050 of 11192
Full-Text Articles in Law
Police Legislation Under Federal Powers
Police Legislation Under Federal Powers
Michigan Law Review
A recent case decided by the United States Supreme Court United States v. Daugherty (Jan. 4, 1926) 46 Su. Ct. 156 (Adv. Opn. 303) sustained a conviction and sentence under the Harrison Anti-Narcotic Act, 38 Stat. 785, for "making unauthorized sales of cocaine to three different persons on different days" The indictment was in three counts, one covering each sale involved. The sentence imposed was "five years on each of said three counts. * * * * Said term of imprisonment to run consecutively and not concurrently."
Wills-Admissibility Of Statements Of Testator In Proceedings Contesting A Will
Wills-Admissibility Of Statements Of Testator In Proceedings Contesting A Will
Michigan Law Review
There are, perhaps, very few matters upon which ordinary men are more reticent than the testimentary disposition of their property. The testator, having made his will, often practices the utmost secrecy regarding it, evading questions and, sometimes, even violating the truth in order to preserve peace among his kinsmen until he is gone. And yet, when proceedings are brought for the purpose of contesting the will, we often find the courts admitting in evidence statements made by the testator before or after the making of the will. In a recent California case, in response to the objection that the alleged …
Unfair Competition-Fixing Resale Price
Unfair Competition-Fixing Resale Price
Michigan Law Review
With the development of our economic structure new problems have constantly arisen to harass the governmental agencies which have sought to protect the public from being dominated by successful traders. Apprehension of the dangers of monopolistic control have lead both courts and legislative bodies to place a ban upon attempts to create monopolies by artificial combinations. The purpose was to give the people a market in which prices would be controlled by the relation of supply to demand, by forcing independent tradesmen into competition with each other. The effect of this plan was to delay the coming of a time …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Jurisdiction Over Foreign Corporations, Maxwell E. Fead
Jurisdiction Over Foreign Corporations, Maxwell E. Fead
Michigan Law Review
During the last century, the standing of foreign corporations in our law has been radically changed; and the law on this subject at the present day is far from being in a settled condition. According to the early view, a corporation could have no legal existence outside of the state of its creation. This view was perhaps best expressed by Mr. Chief Justice Taney in his famous dictum in Bank of Augusta v. Earle. "And this corporation can have no legal existence out of the bounds of the sovereignty by which it is created. It exists only in contemplation …
Jurisdiction Over Unincorporated Associations Composed Of Nonresidents
Jurisdiction Over Unincorporated Associations Composed Of Nonresidents
Michigan Law Review
New York has a statute which provides for suits against unincorporated associations consisting of seven or more members. It reads as follows: An action or special proceeding may be maintained, against the president or treasurer of such an association, * * * upon any cause of action, for or upon which the· plaintiff may maintain such action or special proceeding, against all the associates * * *· Any partnership; or other company of persons, which has a president or treasurer, is, deemed an association within the meaning of this section." General Associations Law (Consol. Laws of N. Y.), sec. 13. …
Parent And Child-Action By Parent For Loss Of Services Of Child-Contributory Negligence Of Child As A Defense
Michigan Law Review
It appears to be axiomatic with the courts that a parent cannot recover damages for the loss of services of a child, because of an injury negligently inflicted by a third person, if the child was guilty of contributory negligence. Nearly all of the decisions on this point have been reached without any reason being given for the result. Typical opinions, in which any explanation of the rule is conspicuously avoided, may be found in Chicago & G. E. Ry. Co. v. Harney, 28 Ind. 28; Dietrich v. Baltimore, etc. Ry. Co. 58 Md. 347; Cleveland C. & C. …
The Uniformity Of The Maritime Law, George L. Canfield
The Uniformity Of The Maritime Law, George L. Canfield
Michigan Law Review
In 1871, Richard Henry Dana commenced a masterly article on the "History of Admiralty Jurisdiction in the Supreme Court of the United States,'' by writing, "After seventy yea.rs of baffling winds and cross currents in the region of admiralty jurisdiction, the Supreme Court of the United States has sailed out into deep water." In 1924, Charles Merrill Hough concludes his delightful "Admiralty Jurisdiction-of Late Years," with the statement, "The years since 1906 have not increased the certainty of maritime law, and they have impaired the tradition of enforceable customs of the sea." And others writing in current legal periodicals have …
Inheritance Problems In The Conflict Of Laws, Herbert F. Goodrich
Inheritance Problems In The Conflict Of Laws, Herbert F. Goodrich
Michigan Law Review
A man, domiciled in Michigan, dies. He leaves real and personal property in Michigan, and in addition a farm in Ohio, with the usual stock of animals, agricultural implements and other farm property upon it; he leaves a mercantile business in Wisconsin, and shares of stock in several corporations chartered in as many different states. What law or laws will determine the devolution of his estate?
Constitutional Law-Compulsory Indemnity For Persons Injured By Automobiles
Constitutional Law-Compulsory Indemnity For Persons Injured By Automobiles
Michigan Law Review
The problem of protecting the public from injuries arising from the use of automobiles upon public highways has recently been subjected to a form of legislative solution that is distinctly different from the earlier attempts. The devices first employed were measures which dealt with the licensing of cars and with the regulation of their use. Later, when the need for giving financial substance to the tort liabilities of motorists appeared, steps were taken in the direction of fixing vicarious liabilities upon the owners of automobiles. This was done to some extent by the courts which announced the "family purpose doctrine," …
Insurance-Effect Of Mortgage Foreclosure Clause
Insurance-Effect Of Mortgage Foreclosure Clause
Michigan Law Review
Plaintiff, the mortgagee, applied for insurance on the mortgaged property in his own name and only consented to the policy being made in the name of the mortgagor with "loss-payable" rider in his favor upon representation of the insurance agent that it was the only form of policy the company used and would accomplish the same result. In the body of the policy there was a clause rendering the policy void upon foreclosure of the mortgage. At the time of issuance of the policy, the debt was overdue and the insurance company had knowledge of this fact. Held, the …
Taxation-Bonds-Inheritance Tax
Taxation-Bonds-Inheritance Tax
Michigan Law Review
Albert, Prince de Monaco, died possessed of bonds in two Utah railway corporations, which had been purchased and were payable at the New York office of the companies. He was a citizen and resident of France and the bonds had never been within the territorial confines of the state of Utah. The bonds were secured by a trust mortgage on all of the property of the respective corporations, only a fraction of which was within Utah. The state of Utah levied an inheritance tax on these bonds which was paid under protest, the present action being to recover back the …
Torts-Liability For Inflicting Corporal Punishment Upon A Child
Torts-Liability For Inflicting Corporal Punishment Upon A Child
Michigan Law Review
Plaintiff was an eleven year old boy who had been sent by his parents to work on defendant's farm. The boy's mother had signed a written statement, giving defendant authority to discipline him if and when he broke the regulations enforced upon the farm. The plaintiff had refused to perform some of the tasks assigned him, and had told several falsehoods, whereupon the defendant had inflicted corporal punishment upon his nude body by means of a crude rubber whip about 30 inches long. Held, one standing in loco parentis has the right to punish a child under his care, …
Trusts-Nature Of Massachusetts Or Business Trust
Trusts-Nature Of Massachusetts Or Business Trust
Michigan Law Review
The exact nature and legal incidents of the business trust, better known as the Massachusetts trust, have been put in question several times in recent years. There have been many conflicting decisions, and they represent varying degrees of hostility or favor towards a method of doing business which seems to possess many of the advantages of incorporation without carrying its burdens. It has recently been said: "The different and confusing conceptions of the law upon the subject of the Massachusetts trust, as evidenced by the many decisions of courts of the different states, and in discussions by the text-writers throughout …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
The Technique Of Judicial Appointment, Harold J. Laski
The Technique Of Judicial Appointment, Harold J. Laski
Michigan Law Review
It is difficult to overestimate the significance of the judiciary in the modern state. The work of the executive has become so vast, the powers delegated to it by the legislature are so wide, that judges are, perhaps more than at any previous time, the real safeguard of personal liberty. It is only necessary to recall cases like Coppage v. Kansas, or R. v. Halliday, to realize how nearly judicial activity goes to the very heart of freedom. That is, of course, even more the case when, as with America, the constitution of the state is written, and …
Conflict Of Laws-Adoption-Jurisdiction
Conflict Of Laws-Adoption-Jurisdiction
Michigan Law Review
Sociologists treat of the subject of adoption very sparsely. It is but a desired end in their work, and having its foundation in law, yields but slightly to sociological supervision. However, there exist many reports and treatises in the field of child placement and the effect thereof on the child. The most cursory examination of these works reveals that from the social point of view, at least, the work is conducted with but one end in view, i. e., the welfare of the child. Adoption, as a means to this end, has the same reason for its foundation. To this …
The Legal Position Of Foreigners In Soviet Russia, Leo Zaitzeff Dr.
The Legal Position Of Foreigners In Soviet Russia, Leo Zaitzeff Dr.
Michigan Law Review
The Soviet Government has replaced the entire previous legal order by legislation of its own; it is therefore not surprising that even in well informed legal circles outside of Russia very vague and indefinite notions exist regarding the legal situation there. In the last few years moreover, many states have considered it necessary to recognize the Soviet Government. Since this recognition or even before, there have been some economic undertakings within &met territory by foreign individuals, but even these persons for the most part were entirely unfamiliar with the Soviet laws.
Have The Bench And Bar Anything To Contribute To The Teaching Of Law?, Learned Hand
Have The Bench And Bar Anything To Contribute To The Teaching Of Law?, Learned Hand
Michigan Law Review
The teaching of lawyers is indeed as distinct a vocation from the practice of law, as law is from engineering or science. You have of recent years come practically to recognize it by your increasing insistence upon the teacher's exclusive devotion to his calling, so that I suppose not only has the well-worn practitioner wholly disappeared, who from his semi-antiquation delivers a course of lectures, but the part time teacher even in the prime of his powers is more and more evidently doomed. I cannot see this change as anything but happy and advantageous. If for no other reason I …
Libel--A Limitation On The Privilege Of Publishing Reports Of Judicial Proceedings
Libel--A Limitation On The Privilege Of Publishing Reports Of Judicial Proceedings
Michigan Law Review
Is a newspaper privileged in fairly publishing the substance of a petition for divorce or other pleading immediately after it is filed in court? In the recent case of Washington Times v. Hines, (1925) 5 F. (2d) 541, in the District of Columbia, it appeared that defendant had published a typically facetious newspaper account of the divorce grounds alleged in a petition filed against plaintiff. The court of appeals, reversing a judgment of the trial court for plaintiff, held that the report was as a matter of law not libellous, since the bill was not susceptible of any other interpretation …
Carriers-Can Carrier Who Delivers To Improper Person Replevy From The Vendee Of That Person?
Carriers-Can Carrier Who Delivers To Improper Person Replevy From The Vendee Of That Person?
Michigan Law Review
When a carrier delivers goods to an improper person, a nice question arises as to whether the carrier may recover the goods from a bona fide purchaser who bought from the one to whom the carrier delivered. Let us consider first a comparatively simple case.
Public Utilities-Power Of Commission To Change Rate Paid By Private User Under Special Contract With The Utility
Michigan Law Review
Within the last decade the right of the state to change the rates of a public utility, as fixed by contract, has been presented to the courts numerous times. An examination of the cases on the subject shows that much of the law has now become settled.
"Contemplation Of Death" In Inheritance Taxation, Henry Oliver Evans
"Contemplation Of Death" In Inheritance Taxation, Henry Oliver Evans
Michigan Law Review
A tax upon gifts said to be made "in contemplation of death" as inheritances made its first appearance in our jurisprudence in the New York statute of 1892. Since that time this tax in some form has been laid by all of the states except Alabama, Florida, Georgia, Texas and Vermont. The Revenue Act of 1916 added this tax to the burdens, already heavy, of federal taxation.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Voting Trust Agreements, Maurice Finkelstein
Voting Trust Agreements, Maurice Finkelstein
Michigan Law Review
To the student who approaches the study of the law from the point of view of the legal philosophers-from Von Jhering to Pound-the detailed analysis of the law of private corporations in America will seem strange. Accustomed to think of law as a striving to maintain a balance such as the Poundian balance of social interests, he finds in the corporation law of the United States a co-existence of various systems without regard to the conflict of interests thereby created. Each state has its own rules of law and its own policies shaped by a medley of causes. Many states …
Rights Of Non-Resident Aliens Under United States Laws Regulating Foreign Trade, Borris M. Komar
Rights Of Non-Resident Aliens Under United States Laws Regulating Foreign Trade, Borris M. Komar
Michigan Law Review
The commercial, financial, and industrial rivalry of the principal nations of the world is today the chief cause of the stubborn existence of the main scourge of our civilisation-War.
Infants' Contracts--Application Of Doctrine Of Estoppel When Infant Has Mispresented Age
Infants' Contracts--Application Of Doctrine Of Estoppel When Infant Has Mispresented Age
Michigan Law Review
It has been laid down that as a general rule the doctrine of estoppel has no application to infants. 31 C. J. 1005; 22 CYC. 512. But many cases recognize an exception to this general rule, where the infant has reached the age of discretion and has intentionally and fraudulently made misrepresentations. A common case is that in which the infant has induced a person to enter into a contract with him, by fraudulently representing himself to be of age. As to whether or not he will be estopped from setting up his infancy, in a suit on such contract, …