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Articles 10231 - 10260 of 11192
Full-Text Articles in Law
Public Utility Valuation
Michigan Law Review
It has been so often remarked that the "valuation" of public utilities is determined by no rule of thumb, that there are no fixed rules or formulas to guide courts or commissions, that determination of value as a rate base is matter of judgment and discretion in each case, Minnesota Rate Cases, 230 U. S. 352, 434, that the statement has come to be believed by reason in part of its much repetition. It is usually accepted as axiomatic. The glorious uncertainty resulting from such an admission will continue so long as judgments of one man or set of …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Perpetuity Statutes, Edwin C. Goddard
Perpetuity Statutes, Edwin C. Goddard
Michigan Law Review
The common law of perpetuities is one of the most interesting examples of almost pure judicial legislation. De Donis, The Statutes of Uses and of Wills, but· gave wider scope to the development by the courts of rules of law to thwart the attempt of the great landowners to tie up their landed estates in their families in perpetuity. One body of rules to this end limited restraints upon alienation, another the creation of future interests vesting at too remote a period. Restriction of restraints upon alienation, and the rule against perpetuities, these two were developed for the same end, …
Shipping Act Of 1916: The Effect Of Section 15 On The Sherman Anti-Trust Law, Claude A. Thompson
Shipping Act Of 1916: The Effect Of Section 15 On The Sherman Anti-Trust Law, Claude A. Thompson
Michigan Law Review
Does the approval of a conference agreement by the Shipping Board under section 15 of the Shipping Act of 1916 legalize an agreement, which, but for such approval, would be in violation of the Sherman Anti-Trust Law?
The Change In The Meaning Of Consortium, Evans Holbrook
The Change In The Meaning Of Consortium, Evans Holbrook
Michigan Law Review
Lawyers have long boasted of the flexibility of the common law, or its ability to adapt itself to the needs of changing conditions of society, of its responsiveness to sociological progress. And while eager reformers have often--and with much reason--complained that the law is laggard in its response to the needs of the people, yet it is clear that sooner or later the courts generally bring themselves into accord with "what is sanctioned by usage, or held by the prevailing morality or strong and preponderant public opinion to be greatly and immediately necessary to the public welfare." This responsiveness to …
The Ship Mortgage Act Of 1920, George L. Canfield
The Ship Mortgage Act Of 1920, George L. Canfield
Michigan Law Review
Maritime loans have been usually secured by either bottomry bonds or ship mortgages. The former constituted maritime liens of high and privileged character, while the latter had no standing in admiralty at all except as to remnants after all other claims against the ship had been satisfied. The statute now under discussion, being part of general legislation for the revival of the American merchant marine, makes "preferred mortgages" thereunder maritime liens, enforceable by admiralty process in rem. The changes made by the statute in existing law are radical and its construction by the Supreme Court will be of great …
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
Two years ago an American citizen who had been a resident of Mexico for many years died intestate in Mexico City. The widow was appointed administratrix by one of the Mexican civil courts. Finding among the papers a number of notes executed by an American corporation payable to the deceased, the administratrix began an action in New York to have whatever was due upon the notes paid to the estate. The corporation's attorneys moved for judgment on the pleadings, contending that an administratrix appointed by a Mexican court can maintain no action in courts of the United States so long …
Artisans' Liens Competing With Claims Of Conditional Sale Vendor Or Chattel Mortgagee
Artisans' Liens Competing With Claims Of Conditional Sale Vendor Or Chattel Mortgagee
Michigan Law Review
The privilege of the artisan or materialman who has performed services or furnished materials in respect of a chattel in his possession to withhold such possession until paid the amount of his charges may be an effective security. Likewise, a chattel mortgagee or conditional vendor may be quite secure. But when a mortgagor or conditional vendee in possession has bailed the chattel to one whose services entitle him, either under the common law or a statute, to a lien for his charges therefor, there are plenty of chances for trouble. Liens being an invasion upon or subtraction from the totality …
Conciliation Of Controversies
Michigan Law Review
It is a matter of common criticism more or less just that the administration of law is unnecessarily tedious and expensive. Particularly among those of the poorer classes is it true that the delay and expense incident to the enforcement of small claims amounts to a practical denial of justice. With a view toward relieving this situation, North Dakota adopted the first state-wide act for the conciliation of controversies. Chapter 38, Laws of North Dakota, 1921. That act has recently been put to the test and upheld in the case of Klein v. Hilton (N. D., 1922), 191 N. W. …
Deeds--By And To Infants--Effecti Of Disaffirmance
Deeds--By And To Infants--Effecti Of Disaffirmance
Michigan Law Review
The disaffirmance of a contract made by an infant nullifies it and renders it void ab initio; and the parties are returned to the same condition as if the contract had never been made. Grissom v. Beidleman, 35 Okla. 343. This states the general rule both as to executed and executory contracts, and is particularly applicable to transfers of personal property. WILLISTON, CONTRACTS, § 237; PAGE, CONTRACTS, ed. 2, § 1622. Does this principle apply also to conveyances of real property? Does disaffirmance of a deed by or to an infant ipso facto nullify it and revest the …
Trade Competition--Effect Of Motive
Trade Competition--Effect Of Motive
Michigan Law Review
Does the motive with which one enters into what is ostensibly trade competition with a business rival have any significance in the law? Motive is used, following Judge Smith's careful limitation of the term, to signify the feeling which makes the actor desire to obtain the result aimed at. A conclusion that motive is immaterial in this connection can be sustained by formal logic. A man has a "right'' to engage in business, even though his rival be injured thereby. One may exercise a legal right, regardless of his motives in doing so. Therefore, business competition, if the methods be …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Legislation In Vague Or General Terms, Ralph W. Aigler
Legislation In Vague Or General Terms, Ralph W. Aigler
Michigan Law Review
For some reason, probably in part the increasing complexity of our life and relationships, but more largely, perhaps, the growing tendency to regulate everybody and everything by positive law, the courts have been called upon with increasing frequency to pass upon the effectiveness of statutes and ordinances phrased in indefinite terms. In a very interesting and valuable paper, Professor Freund has pointed out the weakness and strength, on the one hand, of legislation in general terms, and on the other hand, legislation in which the rule of conduct is attempted to be laid down with precision. His interest apparently lay …
Price Discrimination As Unfair Competition, John Leland Mechem
Price Discrimination As Unfair Competition, John Leland Mechem
Michigan Law Review
Is it lawful for a manufacturer to make one price to one purchaser and a different price to another. for the same quantity, grade. and quality of his product? Is it ]awful to discriminate in price between wholesalers and retailers? Is it lawful to class "chain stores" and cooperative retail dealers' associations as retailers. and refuse them the advantage of the wholesale price list?
Fundamextal Tendencies In Modern Jurisprudence, Rudolph Stammler
Fundamextal Tendencies In Modern Jurisprudence, Rudolph Stammler
Michigan Law Review
Empiricism is a variety of skepticism. Both refuse to consider the possibility of a fundamental ordering of the mental life. But they are differentiated one from the other in the manner of working out this refusal.
Railway Valuation In Condemnation Proceedings--Relation To Rate Making
Railway Valuation In Condemnation Proceedings--Relation To Rate Making
Michigan Law Review
ln England the reproduction cost of a railroad is disregarded in fixing the price which a government must pay on taking over the property. Grand Trunk Ry. v. The King [1923] A. C. 150, which affirmed the decision of two out of three arbitrators that the preferred and common stockholders should get nothing, inasmuch as the earning capacity of the railroad gave them no value, and the "reproduction" or "reconstruction'' or "replacement" value of the railroad was immaterial. Mr. Taft, now Chief Justice of the Supreme Court of the United States, was one of the arbitrators and dissented. The opinions …
Constitutional Law--Minimum Wage Law For Women As A Violation Of The Fifth Amendment
Constitutional Law--Minimum Wage Law For Women As A Violation Of The Fifth Amendment
Michigan Law Review
The advance of so-called social legislation within the last several decades has furnished an intensely interesting period in constitutional and industrial development. The last skirmish with the fast-disappearing forces of logic and anachronistic formalism seems to have been fought in the recent case of Adkins v. Lyons (April 9, 1923), U. S. Adv. Ops. 795 and 796.
Declaratory Judgments
Michigan Law Review
The Connecticut legislature passed an act in 1921 authorizing courts to make binding declarations of rights. The act was attacked as unconstitutional on the same ground raised by the supreme court of Michigan against the Michigan Declaratory Judgment Act in the case of Amway v. Railway Co., 211 Mich. 592, 12 A. L. R. 26, namely, that declaring rights was not a judicial function. But the Supreme Court of Errors of Connecticut sustained the act as in no way contravening the constitution. Braman v. Babcock (Conn., 1923), 120 Atl. 150.
Internationial Aspects Of Prohibition Enforcement
Internationial Aspects Of Prohibition Enforcement
Michigan Law Review
The Eighteenth Amendment to the Federal Constitution prohibits "the manufacture, sale, or transportation oi intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes." 40 Stat. 1050, 1941. In the National Prohibition Cases, 253 U. S. 350, 386, the amendment was said to be operative "throughout the entire territorial limits of the United States." As originally enacted, the National Prohibition Act did not in terms define its territorial field, but a supplemental provision afterwards enacted declares that the act "shall apply not only …
Torts--Power Of A Minicipal Corporation To Sue For Libel
Torts--Power Of A Minicipal Corporation To Sue For Libel
Michigan Law Review
Can a municipal corporation maintain an action for libel? The recent $10,000,000 libel suit instituted by the City of Chicago against the Chicago Tribune promises to become a leading case in the solution of this question. The declaration filed by the city alleged ownership of property used in city affairs and that the city purchased materials for the maintenance of such property largely upon credit. It charged that libellous statements were falsely and maliciously published by the Chicago Tribune to the effect that the city was bankrupt and could not pay its debts, with intent to destroy its credit and …
Trusts-Diversion Of Funds From One Estate By Trustee To Cover Defalcations In Another
Trusts-Diversion Of Funds From One Estate By Trustee To Cover Defalcations In Another
Michigan Law Review
Many difficult questions are continually arising in the field of trusts, but few of them are of more practical importance than the one presented where A, being trustee of two or more trust estates, wrongfully uses money of one trust estate, and takes money from another to pay it back. Such a question was presented in the recent case of Whiting v. Hudson Trust Co. (N. Y., 1923), 138 N. E. 33. In that case, one Eckerson was executor of the Denham estate and trustee and executor of the Snyder estate. He kept an account with the trust company as …
Conflict Of Laws--The Uniform Divorce Act And Full Faith And Credit
Conflict Of Laws--The Uniform Divorce Act And Full Faith And Credit
Michigan Law Review
in spite of the recognized need for uniformity in divorce law, the Act Regulating Annulment of Marriage and Divorce has not met with widespread favor. This act was framed by the National Congress on Uniform Divorce Laws in 1900 and was approved in 1907 by the National Conference of Commissioners on Uniform State Laws. It has been adopted only by Delaware, New Jersey, and Wisconsin. While general adoption would remove much of the present uncertainty in the law, some interesting problems are still left for solution.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
International Recognition And The National Courts
International Recognition And The National Courts
Michigan Law Review
The extending of international recognition to a new government or a new state is a political function which belongs exclusively to the political departments of government. It follows that whenever the question of recognition or not is really involved in litigation the court should inform itself as to the course pursued by the appropriate political department and decide accordingly. This much, if it ever needed to be settled, may now be regarded as settled beyond peradventure. See 18 MICH. L. REV. 531.
Foreign Marriages And The Conflict Of Laws, Herbert F. Goodrich
Foreign Marriages And The Conflict Of Laws, Herbert F. Goodrich
Michigan Law Review
It is common these days to speak of marriage as a contract. Not only do we use the term "marriage contract" as meaning a promise to marry in the future, but also to describe the contract or expression of consent by which the parties take each other for husband and wife. The statutes of many of our states declare marriage to be a "civil contract." A moment's thought will show great differences between marriage and the ordinary civil contract. A marriage contract can be contracted only between a man and a woman; it has no validity if one of the …
A Critique Of Methods For Alteration Of Women's Legal Status, Gladys Wells
A Critique Of Methods For Alteration Of Women's Legal Status, Gladys Wells
Michigan Law Review
A case was appealed because all women electors were excluded from the jury. Held, the Nineteenth federal Amendment merely prohibits discrimination, leaving the states to confer the right of suffrage. Moreover, jury service is distinct therefrom; and the state constitution excludes women by providing for juries of twelve "men." If being an elector ipso facto entitled to jury service, the legislature could prescribe no other limitation. No question of violation of the Fourteenth Amendment can be raised since the accused does not belong to the excluded class.
Fundamental Tendencies In Modern Jurisprudence, Rudolf Stammler
Fundamental Tendencies In Modern Jurisprudence, Rudolf Stammler
Michigan Law Review
In his treatise on "CONTEMPORARY SOCIOLOGY" (1904) Ward has collected no less than twelve meanings of the term "Sociology." He could undoubtedly have found more meanings for this iridescent word; all of which shows that the term has no significance whatsoever as a uniform characterization of a definite field of human knowledge. However, there has been very noticeable, running through these different meanings, one definite tendency. It is characterized by its very great reliance upon the methods of natural science in dealing with the physical world, and by certain far-reaching "analogies," by which modem jurisprudence is to be guided …