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 10201 - 10230 of 11192
Full-Text Articles in Law
The Operation Of The Recording Acts, Ralph W. Aigler
The Operation Of The Recording Acts, Ralph W. Aigler
Michigan Law Review
As between successive transfers of land by the same transferor purporting to create legal interests it was the almost invariable rule of the common law that priority in right was determined by priority in time. This followed naturally from the fact that after A had conveyed to B there was no interest left in A which he could transfer to C; first in time was first in right because there was nothing left for the second transferee. Notice and lack of notice were wholly immaterial.
Some Unofficial Relations With Soviet Russia, Everett S. Brown
Some Unofficial Relations With Soviet Russia, Everett S. Brown
Michigan Law Review
On August 28, 1923, Colonel William N. Haskell, in charge of the distribution work of the American Relief Administration in Russia, reported to Herbert Hoover on the accomplishments of that organization. In a period of less than two years, 1921 to 1923, nearly 1,000,000 tons of food, seed, clothing and medical supplies were bought in the United States for distribution in Russia. At the height of its activity the American Relief Administration fed nearly II,000,000 men, women and children daily. Supplies for over 15,000 hospitals and institutions were furnished, and over 7,000,000 individuals were inoculated or vaccinated in the campaign …
Interest And Duty In Relation To Qualified Privilege, Harold A. Jones
Interest And Duty In Relation To Qualified Privilege, Harold A. Jones
Michigan Law Review
From the standpoint of the civil law of defamation it is perfectly. permissible to say what one pleases of a man when the subject of the charge is the only person present. To make the same communication to others, however, may be to invite a lawsuit; and the difference between idle gossip and legitimate interest is often the determining factor in ascertaining liability. If Smith calls Brown a thief, they two being alone, Smith cannot be held liable. If Mrs. Smith is present, he may still be immune. If the statement is made in a lodge meeting, Smith still might …
Pre-Legal Education-Admission To The Law School
Pre-Legal Education-Admission To The Law School
Michigan Law Review
According to the advance extract of the 18th annual report of the president of the Carnegie Foundation recently published, of the 146 law schools in this country, eight now require at least three years of preparatory college work and two more require either three years of collegiate work or two years of collegiate work and four years of law school training.
Labor Legislation Under The Treaty Power
Labor Legislation Under The Treaty Power
Michigan Law Review
Does the treaty making power of the United States offer a method of enacting constitutionally valid federal laws, which under other delegated federal powers would be unconstitutional? The Constitution of the United States provides: Art. II, §2 (2) "He (the president) shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur * * *·" Art I, §8 (18) That Congress shall have power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this …
Resale Price Fixing From A Different Angle
Resale Price Fixing From A Different Angle
Michigan Law Review
The proposition that resale price fixing agreements are illegal, while by no means universally accepted, is definitely established in the federal courts as well as in quite a number of the state courts. Whatever we may think of its soundness from an economic viewpoint it will doubtless receive even wider recognition as time goes on. For a collection and discussion of the authorities see 20 MICH. L. REV. 904; 19 MICH. L. REV. 265; 19 A. L. R. 925.
Property Rights In Church Pews
Property Rights In Church Pews
Michigan Law Review
A recent Pennsylvania decision, Zernosky v. Kluchinsky (Pa. 1923) 122 Atl. 262, lays down the rule that where the trustees of a church rent a pew to a parishioner without the consent of the priest in charge, when such consent is required by the ecclesiastical law, the transaction is of no effect and the ecclesiastical law will be followed by the court. This is the general rule as applied to conditions attached to the renting of pews, Atty. Gen. v. Meetinghouse, 3 Gray (Mass.) 1; French v. The Old South Society, 100 Mass. 479, but the interesting point …
Conflict Of Laws-"Full Faith And Credit"-Injunction Restraining Suit In Foreign State
Conflict Of Laws-"Full Faith And Credit"-Injunction Restraining Suit In Foreign State
Michigan Law Review
X, an Iowan, is injured by Y, a fellow citizen, who obtains an injunction in Iowa restraining X from suing in Minnesota. X having subsequently commenced suit in Minnesota, Y files his bill asking the court of that state to enforce the Iowa decree. Should the Minnesota court enforce the foreign injunction decree, as a matter of "comity"? Must it do so, under the "full faith and credit" clause? Strangely enough the Minnesota court has had two of the comparatively small number of cases involving these particular questions. In State ex rel. Bossung v. District Court, 140 Minn. 494, …
Recovery Of Property From Alien Property Custodian
Recovery Of Property From Alien Property Custodian
Michigan Law Review
ln Banco Mexicano v. Deutsche Bank, 44 Sup. Ct. 209, both facts and law lie in a narrow compass. On June 15, 1916, the liquidators of the Banco Mexicano made a loan of $500,000 to the Deutsche Bank. Hugo Schmidt, the well-known agent of the Deutsche Bank, in the United States from 1914 to 1917 negotiated the loan and deposited the amount received with the Guaranty Trust Company of New York to the credit of the general account of the Deutsche Bank. When the United States entered the war on April 6, 1917, the Guaranty Trust Company reported the …
The Machinery Of Procedural Reform, Edson R. Sunderland
The Machinery Of Procedural Reform, Edson R. Sunderland
Michigan Law Review
Much has been said and written about the imperfections of legal procedure. It is a subject of great interest and concern to the bar and to the public. Since rules of practice prescribe the conditions under which rules of law may be made operative, in so far as they fail of their purpose the law itself becomes ineffective. Lord Campbell is reported to have said that "The due distribution of justice depends more upon the rules by which suits are conducted than on the perfection of the code by which rights are defined."
Anticipatory Breach And The Enforcement Of Contractual Duties, Henry Winthrop Ballantine
Anticipatory Breach And The Enforcement Of Contractual Duties, Henry Winthrop Ballantine
Michigan Law Review
The doctrine of anticipatory breach, announced in England in 1853 in the leading case of Hochster v. De La, Tour, presents some interesting questions of legal theory. While it has been almost universally accepted by the courts of this country, the principles upon which the doctrine rests have been seriously questioned and the courts have shown an unfortunate bewilderment and hesitation in its extension and application. Professor Williston, probably the leading American authority in the field of contracts, has for many years been a vigorous critic of this doctrine. He goes so far as to assert that the doctrine …
Constructive Contempt Of Court
Constructive Contempt Of Court
Michigan Law Review
The recent case of Craig v. Hecht (1923) 44 Sup. Ct. Rep. 103, aroused an extraordinary amount of interest among laymen, and involved some legal questions of importance to lawyers; but perhaps its most significant result was the opportunity it afforded the legal profession to observe the popular attitude of hostility toward certain phases of judicial administration which lawyers are habitually inclined to overlook.
Humanitarian Intervention In International Law As Related To The Practice Of The United States, Malbone W. Graham
Humanitarian Intervention In International Law As Related To The Practice Of The United States, Malbone W. Graham
Michigan Law Review
One of the outstanding results of the Great War, as regards international law, has been the tendency to question the bases of that law and to subject almost every portion of it to a minute examination, to determine its adequacy in governing effectively the relations of states to each other. This wholesale questioning has not confined itself merely to the laws of war and of neutrality-open as most of them may be to objection as a result of the practices in the course of the war-but also to the international law of peace, as regards the doctrine of the equality …
Aliens-Right To Own Or Lease Land-Effect Of "Equal Protection" Clause
Aliens-Right To Own Or Lease Land-Effect Of "Equal Protection" Clause
Michigan Law Review
Right of alien residents under the "equal protection" clause of- the federal Constitution received further delimitation in the Alien Land Law Cases, decisions handed down last November. Terrace v. Thompson (U. S. 1923), Adv. Ops. 35, and Porterfield v. Webb, Adv. Ops. 42. In the former case the court was concerned with a Washington statute passed to enforce a provision in the Washington constitution that forbade the ownership of land by any aliens other than those who had in good faith declared their intention to become citizens. The California statute in the second case differed chiefly in limiting its …
Real Property-Alienation-Limitation
Real Property-Alienation-Limitation
Michigan Law Review
In the field of property as in that of personal rights (including contract) we still encounter occasionally the specter of certain supposedly absolute rights. The courts have had to declare often enough that the owner's rights of use are limited by the like rights of other owners, by considerations of public policy, public convenience, etc.; it is not so often that a court deals explicitly with the limitations upon an owner's power of disposing and leasing his property. In Terrace v. Thompson, recently decided by the United States Supreme Court (Nov. 12, 1923) it was urged by a United …
Recognition Of Foreign Decree Annulling Marriage
Recognition Of Foreign Decree Annulling Marriage
Michigan Law Review
Decisions considering the question of jurisdiction to annul a marriage or the recognition to be afforded to a decree of annulment rendered by a But upon questions in the law of divorce authorities are legion. American lawyers naturally tum to divorce as the means of securing relief for clients from distasteful or unbearable marital difficulties. But annulment cases are increasing in number, and the increase in some states may be expected to continue. In Di Lorenzo v. Di Lorenzo, 174 N. Y. 467, the court of appeals said that every misrepresentation of a material fact, made with the intention …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Constitutional Law--"Liberty" Under Fourteenth Amendment--Validity Of Foreign Languages Statutes
Constitutional Law--"Liberty" Under Fourteenth Amendment--Validity Of Foreign Languages Statutes
Michigan Law Review
Nine states during the months immediately following the conclusion of the World War passed statutes in substantially the same language, forbidding the teaching of any modem language except English to children below the eighth grade in any school, private or public. Ohio also passed a law applying only to the German language. Teachers in Nebraska, Iowa, and Ohio were convicted during 1920 and 1921 of violating these statutes and, after the supreme courts of the various states had held them valid, their cases were combined in an appeal to the United States Supreme Court. Held, the statutes deprived appellants …
Statutory Regulation Of Railway Equipment Agreements, Kenneth Duncan
Statutory Regulation Of Railway Equipment Agreements, Kenneth Duncan
Michigan Law Review
Form of Equipment Contracts. A large part of the rolling stock and equipment obtained by railroads in the United States and Canada is financed through the issue of equipment obligations. At the present time, approximately three-quarters of a billion dollars, par value, of these securities are outstanding, and they have come to constitute about six per cent. of the aggregate funded debt of railroads. Yet in spite of their large and growing importance, they are probably not as well understood as other common forms of corporate securities, and it is doubtful if many lawyers are fully cognizant of the …
Presumptions, Victor H. Lane
Presumptions, Victor H. Lane
Michigan Law Review
Persistent controversial discussions furnish evidence that there are still uncertainties as to some phases of the nature as well as the law of presumptions. We have recently come much nearer to a common understanding in this field, due to most careful and thoughtful discussions of this subject by such masters of it as Thayer and Wigmore and Chamberlayne. It is 'less with the hope of adding significantly new matter than with the belief that even that which smacks of reiteration may still assist in drawing attention which, once aroused, may ultimately dispel the fog, that this brief discussion of the …
Coke-Parliamentary Sovereignty Or The Supremacy Of The Law?, R. A. Mackay
Coke-Parliamentary Sovereignty Or The Supremacy Of The Law?, R. A. Mackay
Michigan Law Review
Few legal authorities have received such conflicting interpretations as Sir Edward Coke. American jurists have turned to him as the legal father of judicial review, English jurists have found in him the authority for Parliamentary Supremacy, The cause of these conflicting interpretations is partly Coke's obscure style. Coke was an encyclopedist rather than a philosopher of the law: his ideas must be dug out and fused together from an heterogeneous mass of apparently unrelated statements. Even his Reports are legal and literary puzzles, a mixture of advocates' pleas, judicial decisions, and probably Sir Edward Coke's personal opinions as well. Hence …
The Permanent International Court Of Justice
The Permanent International Court Of Justice
Michigan Law Review
The writer has already commented, in an earlier number of this Review, upon the plan for a Permanent Court of International Justice which was formulated by a committee of jurists at The Hague in the summer of 1920 and amended and approved by the Council and Assembly of the League of Nations in December of the same year. 19 MICH. L. REV. 413. The plan became operative upon ratification by a majority of the members of the League in September, 1921, and judges were elected immediately thereafter. The Court's first session opened at The Hague in January, 1922. The present …
Constitutionality Of Acts For Conservation Or Retention Of Natural Gas Within The State
Constitutionality Of Acts For Conservation Or Retention Of Natural Gas Within The State
Michigan Law Review
The distribution of our natural resources creating among our several states an economic inter-dependence of varied degrees, and the growing appreciation of the danger of approaching exhaustion in various fields, has very naturally prompted the legislatures of some of the states to enact statutes which have been broadly designated as "conservation acts," though some of them could be described more accurately as "domestic preference acts". Most of these statutes are calculated to prevent waste, arc real conservation measures, and have nearly always been upheld. Ohio Oil Co. v. Indiana, 177 U. S. 190, concerned a statute making it unlawful …
The Unrecognized Government Or State In English And American Law, Edwin D. Dickinson
The Unrecognized Government Or State In English And American Law, Edwin D. Dickinson
Michigan Law Review
Probably no one in the British Empire or the United States would question the doctrine that it belongs exclusively to the political departments to recognize new governments or states. The difficulties involved are those which arise in the application of a doctrine so broadly stated. Not every situation involving an unrecognized government or state requires the decision of a question of recognition. If the decision of a political question is not involved, then it is entirely proper for the courts to take cognizance of a mere de facto government or state. In what situations may the courts appropriately take account …
Constitutional Law--Due Process--Kansas Industrial Court
Constitutional Law--Due Process--Kansas Industrial Court
Michigan Law Review
Has the State power to regulate wages and to secure continuity of functioning in essential industries? The U. S. Supreme Court, in Wolff Packing Co. v. Court of Industrial Relations of Kansas, -- U. S. -- Adv. Op. June 11, 1923, says no, at least as to individuals or corporations, engaged in the production of food, but not strong enough to dominate or control the industry. The case involves the validity, under the Federal Constitution, of the Kansas Act establishing the Court of Industrial Relations, referred to hereinafter as the "Industrial Court." Special Session Laws of Kansas, 1920, Chap. …
Crimes--Double Jeopardy--Identity Of Offenses
Crimes--Double Jeopardy--Identity Of Offenses
Michigan Law Review
The principle that no person shall be twice put in jeopardy for the same offense appears too clear and precise to afford much opportunity for litigation over its application. Judicial utterances and decisions belie the appearance, however. The difficulty is in determining identity of alleged offenses. The most frequently uttered test is that of Buller, J., in Rex v. Vandercomb, 2 Leach, C. C. 708, that, "unless the first indictment were such as the prisoner might have been convicted upon by proof of the facts contained in the second" indictment, an acquittal on the first indictment can be no …