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Articles 10741 - 10770 of 11192
Full-Text Articles in Law
Note And Comment, Ralph W. Aigler, Wilson W. Mills, Sidney E. Doyle, Joseph J. Kennedy
Note And Comment, Ralph W. Aigler, Wilson W. Mills, Sidney E. Doyle, Joseph J. Kennedy
Michigan Law Review
The Renvoi Theory Repudiated as a Test for Determining the Negotiability of a Note - A recent case decided by the Supreme Court of Oklahoma (Bell v. Riggs, 127 Pac. 427) involving, among others, a question as to what law governs the negotiability of a note made in one State and payable in another, though of little intrinsic value so far as that point is concerned, is of some interest because the attorney for the holder of the note made a curious attempt to adapt the renvoi theory to his case. The term renvoi is used as a convenient descriptive …
Book Reviews
Michigan Law Review
Students and teachers of law, as well as historically-minded practitioners -though the number of the latter is, alas, all too few-have long felt the need of a brief but adequate and authoritative account of the origin and growth of English legal institutions. Previous treatises, based on modern investigations, notably those of Pollock and Maitland and Holdsworth, are not only too exhaustive, but do not completely cover the ground. Convinced, like many others of the present day, "that a rich field of educational effort awaited development," Mr. Jenks, already well-known for his contributions to various aspects of the subject, has at …
Book Reviews, Joseph H. Drake
Book Reviews, Joseph H. Drake
Michigan Law Review
These two volumes, published simultaneously in the fall of 1912, are the first fruits of the labor of the committee which 'has been working since 19o9 to make available to American lawyers the 'works of the best legal historians of Continental Europe. The Series is to contain' a volume on the "History of Germanic Private Law," one on "Italian Law," one on "French Public Law," one on each of the subjects,-"Continental -Criminal Procedure," "Continental Criminal Law," "Continental Civil Procedure," and "Continental- Commercial Law," with a concluding volume on the "Evolution of Law in, Europe," and an extra volume (to be …
Book Reviews, John R. Rood
Book Reviews, John R. Rood
Michigan Law Review
The appearance of these two works in the Classics of International Law, the publication of which has been ,undertaken by the Carnegie Institution of Washington under the general editorship of Dr. James Brown 'Scott, is an event of great importance in the history of the literature of International Law. Several years ago Dr. Scott called the attention of the authorities of the Carnegie Institution to the need of reprints .of the texts of the great classics of International Law, each to be accompanied by a readable English translation. The Carnegie Institution undertook the work as outlined by Dr. Scott, and …
Book Reviews, Joseph H. Drake, Edgar N. Durfee, William T. Hoffman
Book Reviews, Joseph H. Drake, Edgar N. Durfee, William T. Hoffman
Michigan Law Review
The legal profession is to be congratulated that men of the great erudition of Dean Wigmore and the editors associated with him are devoting themselves so unselfishly to the heavy labor of presenting in fitting English form the masterpieces of continental legal literature. Though much may be said about the insufficiency of translations as a basis of scholarly work in -any subject, the fact remains that the great bulk of the legal profession, even those of a scholarly habit of mind, have not the linguistic ability necessary to use the original sources of knowledge. On the other hand the need …
Book Reviews, Evans Holbrook, John B. Waite, Ralph W. Aigler
Book Reviews, Evans Holbrook, John B. Waite, Ralph W. Aigler
Michigan Law Review
Cases on Persons and Domestic Relations, Selected from Decisions of English and American Courts. By Albert M. Kales. American Casebook Series. James Brown Scott, General Editor. St. Paul, West Publishing Co., 1911, pp. xxix, 654.
What Is The Law? Ii, Joseph W. Bingham
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. …
Bank Deposits And Collections, Ralph J. Baker
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 …
The Liability Of A Principal For The Penal Or Criminal Acts Of His Agent, Floyd R. Meechem
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.
Note And Comment, Joseph J. Kennedy, Samuel H. Morris, Burke W. Shartel, George S. Burgess
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
Recent Important Decisions, Michigan Law Review
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 …
Judicial Criticism Of Legislation By Courts, Charles G. Haines
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 …
Book Reviews, Henry M. Bates, Henry M. Bates
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;
The Need Of A Scientific Study Of Crime, Crimninal Law, And Procedure--The American Institute Of Criminal Law And Criminology, Eugene A. Gilmore
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 …
What Is The Law?, Joseph W. Bingham
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 …
Note And Comment, Ralph W. Aigler, Robert L. Mayall
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;
Recent Important Decisions, Michigan Law Review
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 …
Note And Comment, Sigmund W. David, Newton K. Fox, Harold R. Curtis, Aquilla C. Lewis, Albert R. Dilley
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;
Book Reviews, Joseph H. Drake, Joseph H. Drake
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
Recent Important Decisions, Michigan Law Review
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 …
Restrictions On The Use Of Patented Articles, Edward S. Rogers
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.
The Pelatiah Webster Myth, Edward S. Corwin
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 …
National Power And State Interposition 1787-1861, Edwin S. Corwin
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 …
Note And Comment, Dean L. Lucking, Paul P. Farrens, George E. Brand, Walle W. Merritt, Albert E. Merder
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"
Implication Of Life Estates, Distributive Construction And Disposition Of Intermediate Income, Albert M. Kales
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 …
Procedural Law Reform, Willis B. Perkins
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 …
Recent Important Decisions, Michigan Law Review
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; …
The State Governor Ii, John A. Fairlie
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 …
Note And Comment, Ralph W. Aigler, Paul P. Farrens, Newton K. Fox, Leonard F. Martin, Albino Z. Sycip
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