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Full-Text Articles in Law

Unravelling The Myth Around Open Source Licences - An Analysis From A Dutch And European Law Perspective, Lucie Guibault, Ot Van Daalen Jan 2006

Unravelling The Myth Around Open Source Licences - An Analysis From A Dutch And European Law Perspective, Lucie Guibault, Ot Van Daalen

Books

Open source software licences are based on two fundamental principles: the possibility for users to use the software for any purpose and the possibility to modify and redistribute it without prior authorisation from the initial developer. Some open source software licences, like the General Public Licence (GPL), also impose a corollary obligation on the licensee: to make the source code available to other developers. The idea behind this form of licensing is that when programmers can read, redistribute and modify the source code for a piece of software, the software evolves. A number of legal challenges need to be addressed …


Litigation & Inequality: Federal Diversity Jurisdiction In Industrial America, 1870–1958, Edward A. Purcell Jr. Jan 1992

Litigation & Inequality: Federal Diversity Jurisdiction In Industrial America, 1870–1958, Edward A. Purcell Jr.

Books

Through the prism of litigation practice and tactics, Purcell explores the dynamic relationship between legal and social change. He studies changing litigation patterns in suits between individuals and national corporations over tort claims for personal injuries and contract claims for insurance benefits. Purcell refines the "progressive" claim that the federal courts favored business enterprise during this time, identifying specific manners and times in which the federal courts reached decisions both in favor of and against national corporations. He also identifies 1892-1908 as a critical period in the evolution of the twentieth century federal judicial system.


Cases On Principal And Agent And Master And Servant Selected From Decisions Of English And American Courts, Edwin C. Goddard Jan 1925

Cases On Principal And Agent And Master And Servant Selected From Decisions Of English And American Courts, Edwin C. Goddard

Books

“In the first edition of this work no effort was made to cover the subject of Master and Servant. The exigencies of the law school curriculum, if not the unity of the subjects, seem to require that Principal and Agent and Master and Servant be treated in a single course. Historically the subject of Agency grew out of the much earlier developed subject of Master and Servant. Blackstone did not use the term ‘agent’ in reference to the agency relation, nor does he recognize the subject of Agency apart from that of Master and Servant, and there only in a …


Cases On The Law Of Mortgages, Edgar N. Durfee Jan 1915

Cases On The Law Of Mortgages, Edgar N. Durfee

Books

“The law of mortgages embraces so many remotely related topics that it is impossible, in the time allotted to it in our schools, to cover the subject completely and thoroughly by the ordinary ‘case’ method. Of the several alternatives that this condition leaves us, the editor has chosen that of covering by cases, with a fair degree of thoroughness, certain selected topics. It is with a view to presenting to the student, in a suggestive way, some of the topics not covered by cases, that the editor has introduced into the book excerpts from text-books and from judicial opinions, and …


The History Of Contract In Early English Equity, W. T. Barbour Jan 1914

The History Of Contract In Early English Equity, W. T. Barbour

Books

“Mr. Barbour’s contribution to the Studies is an attempt to characterize with some precision and detail the functions of the Chancery in the fifteenth century. The court was gradually differentiated from the King’s Council, and the writs of Edward III’s time calling on persons to appear under penalty of a fine or imprisonment (subpoena), and other special injunctions, was generally framed in terms which leave it undecided whether proceedings were to be taken by the King’s Council, or by the Council under the chairmanship of the Chancellor himself with or without the aid of assessors. By the time of Richard …


Trusts And Duties Of Trustees: Instruction Paper, George L. Clark Jan 1912

Trusts And Duties Of Trustees: Instruction Paper, George L. Clark

Books

“Trusts and Duties of Trustees: Instruction Paper” is an overview of the history and current [1912] practice regarding express trusts. Chapters: Chapter I. Origin and Requisites of Expressed Trusts; Chapter II. Nature and Requisites of Express Trusts; Chapter III. Nature of Cestui Que Trust’s Interest; Chapter IV. Resulting and Constructive Trusts; Chapter V. Transfer of Trust Property; Chapter VI. Relinquishment of a Trust; Chapter VII. Duties of a Trustee. Included is an “Examination Paper” for self-testing -- the material is designed to facilitate distance learning under the auspices of the American School of Correspondence based in Chicago, Illinois, as of …


Cases On Suretyship, Robert E. Bunker Jan 1910

Cases On Suretyship, Robert E. Bunker

Books

A casebook with selected cases to aid the teaching of suretyship.


Selected Cases On The Law Of Negotiable Instruments, Robert E. Bunker Jan 1906

Selected Cases On The Law Of Negotiable Instruments, Robert E. Bunker

Books

The cases appearing in this volume have been selected primarily for the use of students pursuing the study of Negotiable Instruments and particularly for students in the Law Department of the University of Michigan. They are arranged in order to conform to the plan of instruction now pursued in that Department. The plan to which reference is made is sufficiently indicated by the Table of Contents infra. In brief, it involves a study of the law of Negotiable Instruments on the basis of the contract of the several parties as that law has been declared by the courts and, …


Cases On The Law Of Partnership, Floyd R. Mechem, Frank L. Sage Jan 1905

Cases On The Law Of Partnership, Floyd R. Mechem, Frank L. Sage

Books

Note to First Edition [1896]: "The following collection of cases has been made primarily for use in connection with the writer's lectures on Partnership in the Law School of this University and to accompany his 'Elements of Partnership' recently published."

Note to Third Edition: "In this edition the number of cases has again [from Second Edition] been considerably increased." F.R.M. ... October 1, 1905


The Negotiable Instruments Law With Annotations, Robert E. Bunker Jan 1905

The Negotiable Instruments Law With Annotations, Robert E. Bunker

Books

"The Negotiable Instruments Law was enacted by the Legislature of Michigan at its 1905 session and on this 16th day of September, 1905, becomes a law of the State.

Soon after the approval of the Act -- June 16, 1905, -- I undertook the work of annotating the statute and of explaining its origin, scope and purpose in such particulars as seemed to invite explanation....

I submit the result of my work -- undertaken in the hope that it might help the profession and the bankers and the business men in dealing with this statute -- to all who may …


Outlines Of The Law Of Bailments And Carriers, Edwin C. Goddard Jan 1904

Outlines Of The Law Of Bailments And Carriers, Edwin C. Goddard

Books

The Outlines of Bailments and Carriers form part of a complete work on that subject intended for the use of classes in law schools. The other part, which is nearly ready for publication, consists of select cases illustrating and amplifying principles stated in the Outlines. It is the purpose of the Outlines not only to state the foundation principles of the subject, but to put these in orderly and consecutive form in order that the student may have an opportunity to see the subject as a whole. It is believed that any study of the cases without some such connected …


Outlines Of The Law Of Agency, Floyd R. Mechem Jan 1903

Outlines Of The Law Of Agency, Floyd R. Mechem

Books

The subject of Agency belongs to a comparatively recent period in our law … Agency belongs distinctively to a commercial age, and its growth has kept pace with the progress of commercial development. It furnishes the means by which the range of individual and corporate activity is enormously increased. As soon as it is conceded that one man may be represented by another in business transactions, and that he may have as many such representatives as occasion may require, the field of commercial activity is immensely widened. The modern business man may thus be constructively present in many places and …


Cases On The Law Of Damages, Floyd R. Mechem Jan 1902

Cases On The Law Of Damages, Floyd R. Mechem

Books

Note to the Second Edition: “The following selection of cases in the law of Damages has been made primarily for use in connection with the lectures upon that subject given in the Law department of the University of Michigan. The purpose has been particularly to supply illustration of the application of principles referred to in the lectures, and partly to supplement the lectures by rounding out the view of certain fields not otherwise completely developed.”

Note to the Third Edition: “While the general features remain the same, the number of cases in this edition has been considerably increased in the …


Cases On Guaranty And Suretyship, Robert E. Bunker Jan 1902

Cases On Guaranty And Suretyship, Robert E. Bunker

Books

The cases appearing in this volume have been selected for use in connection with the lecture on Suretyship given in the Law Department of the University of Michigan. Barring omission of irrelevant matter in some instances and of the briefs and arguments of counsel in all instances, the cases appear in this volume as they appear in the reports themselves. Uniformity in spelling and punctuation has not been attempted or thought desirable. In regard to these matters, the report have been followed, except in cases of manifest error.

The purpose has been to put into the hand of the student …


Outlines Of The Law Of Agency, Floyd R. Mechem Jan 1901

Outlines Of The Law Of Agency, Floyd R. Mechem

Books

The subject of Agency belongs to a comparatively recent period in our law … Agency belongs distinctively to a commercial age, and its growth has kept pace with the progress of commercial activity. It furnishes the means by which the range of individual and corporate activity is enormously increased. One person may thus have many an alter ego. A single brain may direct a hundred hands. The modern business man may be constructively present in many places and carry on diverse and widely separated industries at the same time.

The following pages have been printed to accompany the writer’s …


A Treatise On The Law Of Sale Of Personal Property, Volume Ii, Floyd R. Mechem Jan 1901

A Treatise On The Law Of Sale Of Personal Property, Volume Ii, Floyd R. Mechem

Books

When this task was undertaken the writer believed that there was a real need for an American book upon the law of Sale. In the long time that he bas been at work, various contributions to the subject have been made by others, so that it is possible that the need, if it ever existed, has long since been supplied. The writer, however, whether wisely or unwisely, has persisted in his undertaking, and if bis work shall prove to have a value in some degree commensurate with the labor spent upon it, he will be content.


A Treatise On The Law Of Sale Of Personal Property, Volume I, Floyd R. Mechem Jan 1901

A Treatise On The Law Of Sale Of Personal Property, Volume I, Floyd R. Mechem

Books

When this task was undertaken the writer believed that there was a real need for an American book upon the law of Sale. In the long time that he bas been at work, various contributions to the subject have been made by others, so that it is possible that the need, if it ever existed, has long since been supplied. The writer, however, whether wisely or unwisely, has persisted in his undertaking, and if bis work shall prove to have a value in some degree commensurate with the labor spent upon it, he will be content.


Elements Of The Law Of Negotiable Contracts, Elias Finley Johnson Jan 1898

Elements Of The Law Of Negotiable Contracts, Elias Finley Johnson

Books

“The cases here collected and annotated, have been selected by the undersigned, primarily for the use of students in his classes. To make a wise selection of cases from the large number that are to be found upon a particular subject is a most difficult task … It has been attempted here to select, as far as possible, the very earliest cases upon the particular subject, so that the student would thereby be able to get at the reason of the rule without reference to any statutory provisions. Attention is called to the latest cases, however, in the foot notes.” …


Cases On The Law Of Damages, Floyd R. Mechem Jan 1895

Cases On The Law Of Damages, Floyd R. Mechem

Books

"The following cases have been printed at the request of Professor Mechem, of the Law Department of the University of Michigan, for use in connection with his lectures in that law school."-- Title page.


Cases On The Law Of Agency, Floyd R. Mechem Jan 1893

Cases On The Law Of Agency, Floyd R. Mechem

Books

The following collection of cases has been prepared, at the request of several leading educators, to accompany the writer’s treatise on the law of agency, the purpose being to illustrate the text by object lessons gathered from the reports. Nothing in the way of annotation has been attempted, beyond an occasional reference to similar cases, as it is thought that the text of the treatise supplies all that is needed in that direction. To make a selection of cases from the great number upon the subject is a difficult task and one in reference to which opinions will necessarily differ. …


The Dartmouth College Case And Private Corporations: A Paper Presented By William P. Wells, Of Detroit, At The Ninth Annual Meeting, Auguest 19, 1886., William P. Wells Jan 1886

The Dartmouth College Case And Private Corporations: A Paper Presented By William P. Wells, Of Detroit, At The Ninth Annual Meeting, Auguest 19, 1886., William P. Wells

Books

The Dartmouth College Case and Private Corporations. Chancellor Kent, writing in 1826, thus expressed himself concerning the Dartmouth College case: "It contains one of the most full and elaborate expositions of the constitutional sanctity of contracts to be met with in any of the reports. The decision in that case did more than any other single act proceeding from the authority of the United States to throw .an impregnable barrier around all rights and franchises derived from the grant of government and to give solidity and inviolability to the literary, charitable, religious and commercial institutions of our country."