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Articles 9961 - 9990 of 11192
Full-Text Articles in Law
Activity Subsequent To Interstate Commerce, Elcanon Isaacs
Activity Subsequent To Interstate Commerce, Elcanon Isaacs
Michigan Law Review
With the commerce clause as the basis of distinction, courts have divided business into two classes, that which is interstate and that which is not. The first is considered to involve transportation across state boundary lines; the second is referred to business in which the crossing of state lines is not a factor. It must appear, however, in a consideration of the second class, that activity which is local because it has never involved movement requires a different approach from activity which is local because transportation has ended. The former must be analyzed for its intrinsic nature; it may even …
Juristic Idealism And Legal Practice, Joseph H. Drake
Juristic Idealism And Legal Practice, Joseph H. Drake
Michigan Law Review
The leading exponent of juristic idealism in Germany is Rudolf Stammler, Professor in the University of Berlin. He is uncompromising in his idealistic theory. He even resents being called a pragmatic idealist, possibly lest the chameleon like connotation of this word might seem to detract in any way from the absolute character of his conception of the idea. He is to be thought of rather as the third of that great triumvirate of juristic idealists; namely, Socrates-Kant-Stammler. It is then rather a curious phenomenon that wl1en his juristic philosophy is transplanted to alien soil, it is the pragmatic element in …
Some Questions Involved In The Application Of The "Public Interest" Doctrine, Dexter Merriam Keezer
Some Questions Involved In The Application Of The "Public Interest" Doctrine, Dexter Merriam Keezer
Michigan Law Review
It is just fifty years since the United States Supreme Court, in the now famous case of Munn v. Illinois, first gave sanction in this country to the doctrine that an enterprise may become "affected with a public interest," and in consequence be subject to public regulation. During the half century which has followed the decision in that case, the application of the doctrine has been steadily expanded, bringing within its scope an increasing range and diversity of enterprises. There is basis in economic fact for the belief that the classification of enterprises held to be "affected with a …
Bail After Conviction
Michigan Law Review
On a question of bail before indictment, the magistrate may inquire as to the guilt of the prisoner. After indictment he may in cases not capital look at the evidence upon which it is obtained. But at each step of the proceedings the grounds upon which the prisoner can be let to bail diminish, as the evidence of his guilt increases; because bail is not based upon the grace or favor of the court, but solely upon the doubt which may exist as to his guilt. After conviction and sentence, his claims to be let to bail are further diminished; …
The Right To Fish In Fresh-Water Streams
The Right To Fish In Fresh-Water Streams
Michigan Law Review
Nearly three centuries ago Lord Hale wrote the "Fresh rivers, of what kind soever, do, of common right, belong to the owners of the soils adjacent and, if a man be the owner of the land on both sides, in common presumption, he . hath the right of fishing according to the extent of his land in length." This doctrine of the common law, to the extent that it concerns riparian ownership, has long been accepted in Michigan. In this state the owner of the riparian lands owns the submerged lands connected therewith to the thread of the stream. Quite …
Intoxicating Liquors-Rights Of Innocent Owner Under Statutory Forfeiture Of Automobile
Intoxicating Liquors-Rights Of Innocent Owner Under Statutory Forfeiture Of Automobile
Michigan Law Review
One Harve Townsend pleaded guilty to the charge of transporting intoxicating liquor in an automobile. A statute in South Dakota provided that in such cases the automobile or other vehicle used for such transportation should be forfeited, and, "unless good cause is shown to the contrary by the owner," it should be sold by the sheriff of the county and the funds paid to the county treasurer after the deduction of all expenses. The appellant had a valid chattel mortgage on said automobile, and claimed that it had a prior right to the proceeds of the sale of said automobile …
Conflict Of Laws-Claim Under Compensation Act-Suit In State Other Than That Of Injury
Conflict Of Laws-Claim Under Compensation Act-Suit In State Other Than That Of Injury
Michigan Law Review
Plaintiffs brought suit in the federal court for the southern district of Texas on grounds of diversity of citizenship under the Louisiana Employers Liability Act to recover for the death of their father who had been killed by falling from defendant's dredge upon which he was employed. The contract of employment was made, and the death occurred in Louisiana. The Act is of the "optional" type. It provides that the employer shall, upon the accidental death of an employee in the course of his employment, pay compensation to the employee's dependents. Payment is to be made at periodical intervals for …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
New Avenues To Freedom, Edwin D. Dickinson
New Avenues To Freedom, Edwin D. Dickinson
Michigan Law Review
Lay opinion regards the law of nations as a weak and ineffective system. It is the fashion to deplore the inefficacy: of its precepts and to regard it as a sort of benevolent code unsupported by any forces which can really compel observance. There is a good deal of loose talk about providing sanctions. The truth is, however, that few systems of law are so infested with tyrannies. It is not sanctions which are needed so much as opportunities for growth. It is not the buttressing of existing dogmas which is required so much as new avenues to freedom.
The Early Liability Of A Bailee, Norman F. Arterburn
The Early Liability Of A Bailee, Norman F. Arterburn
Michigan Law Review
All discussion of the origin of the absolute liability of a common carrier of goods naturally harks back to the earliest conception of a bailment and its related remedies. We have had two diametrically opposed views urged as to the first liability of the ordinary bailee. Justice Holmes and numerous other authorities take the view that the liability in the' first instance was absolute in the case of all bailees. Professor Beale is the exponent of the opposing view, that such liability was qualified to such an extent that it amounted in fact, only to negligence liability. An interpretation of …
The Effect Of Foreign Divorce Upon Dower And Curtesy, Robert W. Wheeler
The Effect Of Foreign Divorce Upon Dower And Curtesy, Robert W. Wheeler
Michigan Law Review
Dower and curtesy are no longer viewed with the kindly eye with which the older law regarded these marital property rights. While inroads have been made by statute, which in many instances have abolished these estates, there are still a large number of states which retain dower and curtesy in their original or in a modified form. Coincident with the decline of these estates has come the great increase of divorces, so that the question of the effect of foreign divorce upon dower and curtesy is litigated with increasing frequency. The problem requires first a consideration of the relation of …
The Primitive Character And Origin Of The Bonorum Possessio, George M. Bush
The Primitive Character And Origin Of The Bonorum Possessio, George M. Bush
Michigan Law Review
The Bonorum Possessio, or Praetorian inheritance or succession, is one of the most important, complicated and difficult sections in the study of the Private law of Rome. This subject is not well known to students of Roman law, although so far it has been the object of much research on the part of many German and a few French, scholars.
Ex Parts Divorce As A Bar To A Subsequent Action For Alimony
Ex Parts Divorce As A Bar To A Subsequent Action For Alimony
Michigan Law Review
A decree of divorce purports only to affect the marital status of the parties and as such is an action en rem, while an order to pay alimony is a personal judgment. To be effective it must be rendered by a court having personal jurisdiction over the defendant. Since the decision of Pennoyer v. Neff, if the defendant, though an assent non-resident, has property within the jurisdiction the local law may authorize proceedings for seizing it for a personal claim against the owner, the action in effect being against the owner's interest in the property attached. This applies …
Constitutional Law-Partial Unconstitutionality Of Statutes-Effect Of Saving Clause On General Rules Of Construction
Michigan Law Review
In recent legislation it has become fairly common to incorporate so-called "saving" clauses or sections. In effect, these usually state with variations in phraseology, that the adjudication of invalidity of any part of the act shall not affect the validity of the balance or any of the remaining parts of the act and, in some instances in addition, that notwithstanding a portion of the act is declared objectionable, the legislature would have passed the residue of the statute or any of its parts or that the remaining portions or any part thereof shall be enforced without reference to that invalidated.
Declaratory Judgments Under State Statutes In Federal Courts
Declaratory Judgments Under State Statutes In Federal Courts
Michigan Law Review
Will the federal courts render declaratory judgments when sitting in states which have adopted statutes authorizing that form of relief? A recent decision by the Supreme Court of the United States, written by Justice Sanford, has thrown the whole problem of declaratory judgments in the federal courts into a most unfortunate state of confusion. Liberty Warehouse Co. v. B. S. Grannis, 47 Sup. Ct. Rep. 282.
Insurance-Incontestability Clauses-What Will Amount To A Contest
Insurance-Incontestability Clauses-What Will Amount To A Contest
Michigan Law Review
The incontestability clause is quite common at present in life insurance policies, and is the source of much litigation. The insurance policy has usually contained many statements or representations by the insured, and it was a common experience that after the insured had paid premiums on a life insurance policy, perhaps for years, and had died in the belief that his family was well provided for, the insurance company avoided payment on the ground that the insured had made a misrepresentation in the policy, or had committed a breach of warranty. As a result, a feeling grew up that all …
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.
Sidelights On The Permanent Court Of International Justice, Ake Hammarskjold
Sidelights On The Permanent Court Of International Justice, Ake Hammarskjold
Michigan Law Review
In bidding you welcome, in the name of the Permanent Court of International Justice, in this room where that great institution holds its public meetings and pronounces its judgments and opinions, my first word should be, I think, one of regret-regret that a more worthy representative of the Court has not been able to receive you here today. And I daresay that the President of the Court, who would have been the obvious person to welcome you, shares those regrets,-although perhaps from a different point of view. He would, in fact, have liked immensely to be able to meet you …
Joinder And Splitting Of Causes Of Action, Charles E. Clark
Joinder And Splitting Of Causes Of Action, Charles E. Clark
Michigan Law Review
The pleading rules concerning joinder and splitting of causes of action are complements of each other, though designed to achieve different objectives. The joinder rule is that separate causes cannot be "joined" or pleaded in the same suit unless they fall within one of the classes of permissible joinder specified in the codes. The purpose of the rule is to prevent too wide a field of litigation and too diverse issues in a single suit and thus to avoid a case of undue confusion and complexity. The rule against splitting is that a single cause shall not be "split" or …
Trusts-Trust Estates As Bona Fide Purchasers
Trusts-Trust Estates As Bona Fide Purchasers
Michigan Law Review
The doctrine of bona fide purchase is of ancient origin. It has had many significances and interpretations attached to it. At one time it was explained entirely by the special nature of equity and equitable remedies. Maitland used it to show that equities were rights in personam. That the doctrine is no gauge for the quality of the prior estate was shown by Dean Pound, since legal titles may also be cut off. The doctrine has been criticized as anomalous. Two other writers have taken rather different views of the rule. Mr. J. E. Hogg suggests that the bona …
Issuance Of Negotiable Instruments As Giving Of Value
Issuance Of Negotiable Instruments As Giving Of Value
Michigan Law Review
Authorities are unanimous that the issuance of negotiable instruments as consideration in the purchase of notes constitutes sufficient value to enable the purchaser to sue as a holder in due course, when the instruments issued have found their way into the hands of a due course holder, or have been paid, before the purchaser acquires knowledge of any defenses. But when, at the time the purchaser is notified of defenses, his notes are still in the possession of the payee, the decisions are not in accord as to his standing. The Wyoming court, in a recent opinion, held a bank …
Situs Of Corporate Shares For Administration Purposes
Situs Of Corporate Shares For Administration Purposes
Michigan Law Review
Questions concerning the situs of corporate shares for tax purposes have been productive of much litigation and a fairly extensive body of authority on the subject has accumulated. Cases dealing with the situs of shares for purposes of administration, on the other hand, arc very rare. This latter fact may be ascribed to the acceptance, in all states except Illinois and Mississippi, of the common law rule that the distribution of personal property shall be governed by the law of the decedent's domicil. But in those two jurisdictions, the legislature has provided that, "All personal property situated in this state …
Crimes-Charge To Jury
Michigan Law Review
Defendant was indicted for murder and manslaughter under sections 15224-5, 3 Compiled Laws of Michigan 1915. The judge gave charges for first and second degree murder and for manslaughter. There was no evidence of murder. A manslaughter verdict was returned. The case was reversed because the murder charge was unsupported by any evidence, and because the defendant was hampered in cross examination. People v. Stahl, 234 Mich. 569, 208 N. W. 685.
Arson-Statutory Chance Of Common Law Requisites
Arson-Statutory Chance Of Common Law Requisites
Michigan Law Review
At common Jaw, arson was a clearly defined felony, including only certain kinds of burnings. According to Lord Coke, it was the malicious and voluntary burning!' of the house of another by night or by day, 3 INST. 66. There were certain well-understood essentials constituting the crime. The structure must have been a house or an out-house; it must have been the house of another; it must have been inhabited, though not actually occupied, at the time of the burning. The structure must have been a completed one; there must have been an actual burning-at least to the extent of …
The Indeterminate Permit For Public Utilities, E. Blythe Stason
The Indeterminate Permit For Public Utilities, E. Blythe Stason
Michigan Law Review
Public utilities possess the privilege of furnishing services to the public and most of them use the streets, highways and public places to deliver their services to their customers. Franchises are required to confer the privilege of serving and to authorize the use of public property. Franchises were formerly perpetual; more recently they have been limited to short terms of years; and now we are acquiring still another variety-the indeterminate permit. The last deserves more than a casual acquaintanceship. In fact, it demands close scrutiny. Rightly conceived, it is a device of decided promise. Conceived in unfairness, partiality or ignorance, …
Aesthetic Zoning Regulations, Newman F. Baker
Aesthetic Zoning Regulations, Newman F. Baker
Michigan Law Review
The court house of Sangamon county, Illinois, is situated in the center of a block or square, known as Lincoln Square, in the city of Springfield. The building is of architectural beauty and great historical interest, the corner stone having been laid in 1837 and the building used as the Capitol building for the state of Illinois until 1876. The buildings on the four sides of the Square were all two or more stories in height until January, 1926, when a three- story building, located on the north-east corner of the Square was practically destroyed by fire. The owners planned …