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Full-Text Articles in Law

The Commerce Clause, And Taxation Of Gross Receipts And Of "Intangible Property.", Frederick H. Cooke Nov 1909

The Commerce Clause, And Taxation Of Gross Receipts And Of "Intangible Property.", Frederick H. Cooke

Michigan Law Review

The decision in Galveston, Harrisburg &c. Ry. Co. v. Texas curiously, perhaps even painfully, illustrates the confusion that has resulted from the establishment by the Supreme Court of what seem to me to be incompatible rules of taxation. As is well understood, the commerce clause of the Federal Constitution imposes certain restrictions upon action under the authority of a State. That is to say, it is a general rule that has been frequently applied, that no restriction by way of prohibition or otherwise may be validly imposed under the authority of a State upon transportation within the scope of the …

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The German Law-Suit Without Lawyers, Simon E. Baldwin Nov 1909

The German Law-Suit Without Lawyers, Simon E. Baldwin

Michigan Law Review

As in the Roman practice, during the formulary period, there were two judicial stages to every law-suit, one in which the issue was determined and: the mode of trial directed, and another for the trial itself, so there are two judicial stages to every German law-suit. In the first, the court finds out what is really in controversy; in the second is the trial. In most cases there must be written pleadings drawn by lawyers, and a trial conducted by lawyers. A plaintiff is not allowed to conduct his own cause in any of the higher courts. But the plaintiff …

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Recent Important Decisions, Michigan Law Review Nov 1909

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Trustee's Right to Enforce Stockholder's Statutory Liability; Bills and Notes--Failure of Consideration--When Maker is Estopped From Pleading It; Bills and Notes--Instrument Payable After Death--Whether Valid Obligation or of a Testamentary Character; Carriers--Interstate and Intrastate Commerce; Carriers--Regulations Relative to Shipment of Live Stock; Constitutional Law--Equal Protection of Laws--Foreign Corporations--Statute Forfeiting Right to Do Business; Constitutional law--Police Power--Personal Liberty--Photographing Persons Charged With Crime; Contempt--Murder of Prisoner Pending His Appeal; Counties--Action by Taxpayer--Compensation of Attorney; Criminal Law--What Constitutes a Disorderly House; Damages--Allowance of Attorney's Fees--rule in Hadley v. Baxendale Applied; Eminent Domain--Taking or Damaging Property--Noise and Smoke From Operation of Railroad; Equity--Illegal Contract--Duty …

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Topical Index To Recent Legal Literature, Michigan Law Review Nov 1909

Topical Index To Recent Legal Literature, Michigan Law Review

Michigan Law Review

No abstract provided.

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Book Reviews, Robert E. Bunker, Joseph H. Drake, Joseph H. Drake Jun 1909

Book Reviews, Robert E. Bunker, Joseph H. Drake, Joseph H. Drake

Michigan Law Review

Frost: A Treatise on Guaranty Insurance and compensated Suretyship including therein as subsidiary branches, The Law of Fidelity, Commercial and Judicial Insurance, &c.; Freeman: The American Reports. Containing the Cases of General Value and Authority. Decided int eh Courts of Last Resort of the Several States.;Green: Digest of the Decisions of the Courts of last resort of the several states from 1904 to 1909 contained in the American State Reports, vols. 97 to 120 inclusive, and of the notes to cases reported therein.; the Earl of Halsbury et al.: The Laws of England, Being a Complete …

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The Anthracite Coal Industry And The Busness Affected With A Public Interest, Andrew Alexander Bruce Jun 1909

The Anthracite Coal Industry And The Busness Affected With A Public Interest, Andrew Alexander Bruce

Michigan Law Review

The constitutions, state and federal, do not anywhere guarantee any absolute property rights nor right to liberty. The guarantee is merely that no person shall be deprived of life, liberty and property without due process of law. The right to liberty and property was never absolute under the English law, and the American constitutions have never been construed as going further than guaranteeing the continuance of the rights which existed at the time of their adoption.

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The Supreme Court And The Fourteenth Amendment, Edward S. Corwin Jun 1909

The Supreme Court And The Fourteenth Amendment, Edward S. Corwin

Michigan Law Review

It was formerly the wont of legal writers to regard court decisions in much the same way as the mathematician regards the x of an algebraic equation: given the facts of the case and the existing law, the outcome was inevitable. This unhistorical standpoint has now been largely abandoned. Not only is it admitted that judges in finding the law act not as automata, as mere adding machines, but creatively, but also that the considerations which determine their decisions, far from resting exclusively upon a narrowly syllogistic basis, often repose very immediately upon concrete and vital notions of what is …

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Note And Comment, Ferris D. Stone, Dan B. Symmons, J. Earl Ogle Jr. Jun 1909

Note And Comment, Ferris D. Stone, Dan B. Symmons, J. Earl Ogle Jr.

Michigan Law Review

The Execution of the Insured for Crime as a Defense to the Insurer, the Policy Being Silent as to This Contingency; The Power of a Corporation to Hold and Vote Stock of Another Corporation; Effect of an Agreement Not to Compromise Without consent of Attorney Upon Contract for Contingent Fees; The Pennsylvania Supreme Court and The Pennsylvania Railroad Company

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Recent Important Decisions, Michigan Law Review Jun 1909

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bills and Notes--Fictitious or Non-Existing Payee--Knowledge of Maker--English and American Views; Bills and Notes--Holder in Due Course; Carriers--Exemption from Liability for Negligence Under Special Contract; Colleges--Entrance Discriminations--Mandamus Not Remedy for Refusing Admission; Constitutional law--Aliens--Keeping for Immoral Purposes; Constitutional Law--Class Legislation--Licensing Itinerant Vendors; Constitutional Law--Legislative Power--Intoxicating Liquors--License System; Constitutional Law--Police Power--Intoxicating Liquors; Constitutional Law--Police Power--Ordinance Absolutely Prohibiting Billboards; Corporations--Ultra Vires--Organizing Another Corporation--Dissenting Stockholder; Deeds--Cancellation for Fraud--False Representations as to Intention; Deeds--Description--Parol Evidence to Explain Ambiguity; Deeds--Effect of Statute Abolishing the Use of Private Seals; Divorce--Adultery--Consent of Plaintiff; Elections--Qualification of Voters--Payment of Taxes--Payment by Unauthorized Person; Evidence--Privileged Communications--Professional Nurse and Patient; Health--Offering …

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Topical Index To Recent Legal Literature, Michigan Law Review Jun 1909

Topical Index To Recent Legal Literature, Michigan Law Review

Michigan Law Review

No abstract provided.

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International Arbitration, Joseph B. Moore May 1909

International Arbitration, Joseph B. Moore

Michigan Law Review

The history of the race whether considered as one of individuals or as nations has been one of struggle. Did one individual fancy another had done him a wrong, he proceeded to right that wrong himself by the exercise of force. From the day when Cain killed his brother Abel, for many centuries contests between individuals were settled, not as justice dictated, but by brute force. The result was a disorderly condition of society unfavorable to peaceful conditions. In the evolution of the race, when men differed, instead of attempting to settle their differences by force, tribunals were brought into …

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The Roman Lawyer--A Sketch, George L. Canfield May 1909

The Roman Lawyer--A Sketch, George L. Canfield

Michigan Law Review

OF the Roman lawyer this at least may be said, that his work had the quality which endures. It remains today the fundamental law of the greater part of the world and it was as much the special creation of the lawyer as our common law is the creation of the judge. As the Romans had no officers corresponding to our judges (the "judex" being practically a juror) the law of the case was usually settled by special counsel; disinterested in the issue, but of special learning in the legal points involved. These were the jurisconsults. They gave their opinions …

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Note And Comment, Paul S. Dubuar, Arthur Clarke, J. Fred Bingham, Dan B. Symons, Lloyd T. Crane May 1909

Note And Comment, Paul S. Dubuar, Arthur Clarke, J. Fred Bingham, Dan B. Symons, Lloyd T. Crane

Michigan Law Review

Effect of Taking Possession of Mortgaged Property Under a Chattel Mortgage as Against a Junior Mortgagee; The Effect of the Reunion of the Cumberland Presbyterian Church With the Presbyterian Church in the United States of America Upon the Property of the Former; The Exclusive Use of Part of Railroad Station Grounds by Hackmen; Conflict of Jurisdiction in Bankruptcy Cases Between Federal and State Courts; Right of the Legislature to Amend Corporate Charters Under the Reserved Power; Can A Purchaser From a Tenant Acquire Title by Adverse Possession?; Can a Mortgagor After the Execution of the Mortgage Create an Easement in …

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Recent Important Decisions, Michigan Law Review May 1909

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Discharge of Bankrupt From Arrest--Claims--Judgment--Willful and Malicious Injury; Bills and Notes--anomalous Indorser; Bills and Notes--Innocent Holder of Note Given on the Sale of "Futures"; Constitutional Law--Imprisonment for Debt; Elections--Constitutionality of "Terrell Election Law"; Eminent Domain--Accretions--Extending Highway--Compensation; Guaranty--Consideration--Past and Future Advances; Intoxicating Liquors--Right to Withdraw Names from Local Option Petition; Intoxicating Liquors--Sale of Malt Tonic; Landlord and Tenant--Change in Law Preventing Use of Part of Premises--Abatement of Rent; License--Parol Permission to Use Lands--Revocation of, After Expenditures by Licensee; Mandamus--Nature of the Remedy; Master and Servant--Injuries to Third Persons; Master and Servant--Injuries to Third Persons--Dual Relation--Proximate Cause; Monopolies--Right to Recover on Monopolistic …

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Topical Index To Recent Legal Literature, Michigan Law Review May 1909

Topical Index To Recent Legal Literature, Michigan Law Review

Michigan Law Review

No abstract provided.

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Book Reviews, John R. Rood, John R. Rood Apr 1909

Book Reviews, John R. Rood, John R. Rood

Michigan Law Review

Costigan, Jr.: handbook on American Mining Law; Minor: The Law of Real Property (Based on Minor's Institutes); Mikell: Cases on Criminal Law, selected from decisions of English and American Courts; Beecher: The Annotated Constitution of Michigan, with Introduction by Fred A. Baker

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The Position Of A Trustee In Bankruptcy With Reference To Unfiled Or Unrecorded Chattel Mortgages And Conditional Sale Contracts, Ralph W. Aigler Apr 1909

The Position Of A Trustee In Bankruptcy With Reference To Unfiled Or Unrecorded Chattel Mortgages And Conditional Sale Contracts, Ralph W. Aigler

Michigan Law Review

Since the enactment of the first bankruptcy act the courts have very frequently been called upon to consider the precise position of the trustee in bankruptcy, with reference to his ability to raise the question of the invalidity of transfers or liens made or created by the bankrupt prior to the proceedings in bankruptcy. The phase of this question indicated by the title of this article is possibly of more interest than the rest of the general subject, because of the changes, or to be more exact, the supposed changes, through which the law has passed. And if the law …

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Economic Aspects Of The Law Of Master And Servant, In Its Relation To Industrial Accidents, Clarence A. Lightner Apr 1909

Economic Aspects Of The Law Of Master And Servant, In Its Relation To Industrial Accidents, Clarence A. Lightner

Michigan Law Review

We hear it said frequently that the relations between master and servant have completely altered during the past century and that, due to the introduction of machinery, workmen are much more frequently and more seriously injured than formerly. In fact, these statements have become trite. It takes an article, such as that written by Arthur B. Reeve, in the February, 1907, number of Charities and the Commons, entitled "The Death Roll of Industry," to bring to our minds what these statements actually mean; to impress us with the seriousness of present conditions. Although statistics upon the matter are not as …

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Mutuality Of Options, R. T. Holland Apr 1909

Mutuality Of Options, R. T. Holland

Michigan Law Review

In spite of the fact that options, so-called, have been in use for many years, it is surprising to find that the law is still somewhat unsettled, and that courts frequently express doubt as to their validity at this late day. The main difficulty with this form of contract seems to be an apparent lack of mutuality, and even when sustained, they have, in many cases, been treated as exceptions to the rule that mutuality must be present in all contracts.

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Note And Comment, Edward A. Macdonald, J. Fred Bingham, Joel H. Prescott, Joseph F. Keirnan, Wendall A. Herbruck Apr 1909

Note And Comment, Edward A. Macdonald, J. Fred Bingham, Joel H. Prescott, Joseph F. Keirnan, Wendall A. Herbruck

Michigan Law Review

The Tight of a Trade Union to Enforce a Boycott; Criminal Responsibility of Husband for Maliciously Slandering His Wife; The Bulk Sales Laws; The Police Power and Liberty of Contract; The Obligations Resulting from an Indorsement, In Blank, Before Delivery, of a Negotiable Instrument

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Recent Important Decisions, Michigan Law Review Apr 1909

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Arson--Persons Liable--Husband or Wife; Bankruptcy--Exemptions--Homesteads; Carriers--Bill of Lading--Estoppel to Deny Receipt of Goods; Commerce--Carriers--State Regulation--Congressional Inaction; Constitutional Law--Interstate Commerce--Compelling Carrier to Share Facilities with Rival--Due Process of Law; Constitutional Law--Right to Engage in the Business of an Undertaker; Counties--Railway Aid Bonds--Conditions Precedent; Covenants--Power of Court of Equity to Compel Release of, as Cloud on Title; Divorce--alimony--Divorce Granted Against Wife; Eminent Domain--Appropriation of Property--Street Railway Addition Burden; Evidence--Admissibility of Confessions; Evidence--Hearsay Declarations of Pedigree; Execution--Sale--Inadequacy of Price--Setting Aside; Insurance--Exception in Fire Insurance Policy--"Cotton in Open Cars"; Insurance--Right to Sue on Indemnity Policy--Payment of Loss by Receiver's Note; Intoxicating Liquors--Illegal Sale--Ordinance--Validity; Intoxicating …

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Topical Index To Recent Legal Literature, Michigan Law Review Apr 1909

Topical Index To Recent Legal Literature, Michigan Law Review

Michigan Law Review

No abstract provided.

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National Sovereignty, S. S. Gregory Mar 1909

National Sovereignty, S. S. Gregory

Michigan Law Review

The growth and development of our country and its marvelous progress in every direction have been dwelt upon so constantly in what our critics characterize as a spirit of boastfulness and over­ weening national self-conceit, that almost any reference to this stupendous theme seems trite and commonplace. If we compare our country as it existed when the Federal Constitution was adopted, in extent of territory, in population and in wealth, with our present situation, the retrospect is astounding and overwhelming. It is not my purpose to rehearse the epic story of this mighty nation, inspiring and exalting as it is. …

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Note And Comment, Edward S. Rogers, Horace Lafayette Wilgus, Edward A. Macdonald, Floyd Olds, J. Fred Bingham, Michael F. Shannon, Sidney F. Duffey Mar 1909

Note And Comment, Edward S. Rogers, Horace Lafayette Wilgus, Edward A. Macdonald, Floyd Olds, J. Fred Bingham, Michael F. Shannon, Sidney F. Duffey

Michigan Law Review

The Doctrine of Unfair Trade; Valuing Property and Franchises of Public Service Corporations for Fixing Rates; Right of the Interstate Commerce Commission to Adduce Testimony; Rule in Shelley's Case controls Estate Created by Deed to Trustee; The Right of the Garnishee to Dispose of Goods in His Possession While the Litigation is Pending; The Police Power, Billboards and Sky Signs; How Far the Record of Voting Machines is Conclusive;

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Recent Important Decisions, Michigan Law Review Mar 1909

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Assignment for Creditors--Validity of Common Law Assignment Under State Statutes--Assignee May Maintain Replevin; Bills and Notes--Fraud--Ability to Read; Bills and Notes--Signature by Agent or Representative--Personal Liability; Boundaries--Meander Line as Boundary in Government Grants--Mistake in Survey; Carriers--Liability as Carriers of Live Stock; Contracts--Antenuptial Agreements--Performance Prevented by Party; Courts--Supreme Court--Review of Decisions of State Courts; Courts--United States Courts Enjoining Proceedings in State Courts--establishment of Railroad Rates by Commission; Criminal Law--Larceny--Fraudulent Use of Legal Process; Criminal Law--Reception of Verdict--Accused's Right to be Present; Dead Bodies--Power of Court to Order Exhumation to Procure Evidence; Evidence--Burden of Proof; Evidence--compelling Accused to Criminate Himself--Waiver of Privilege; …

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Topical Index To Recent Legal Literature, Michigan Law Review Mar 1909

Topical Index To Recent Legal Literature, Michigan Law Review

Michigan Law Review

No abstract provided.

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Note And Comment, Arthur Clarke, Floyd Olds, J. Earl Ogle Jr., James H. Brewster Feb 1909

Note And Comment, Arthur Clarke, Floyd Olds, J. Earl Ogle Jr., James H. Brewster

Michigan Law Review

Termination of the Liability as Common Carrier; Is a Vendee Seeking Specific Performance Entitled to Compensation for the Inchoate Dower Right of the Vendor's Wife?; An Executor's Right to an Allowance out of the Estate for Counsel Fees for Services Rendered Before Letters Testamentary Issue; The Kansas "Manhattan Cocktail Case" and Some Others Concerning Judicial Notice;

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Recent Important Decisions, Michigan Law Review Feb 1909

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--General Assignment--Liens Acquired by Assignee; Bills and Notes--Contract of Wife--bona Fide Purchasers; Bills and Notes--Non-Existing Payee--Negotiable Instruments Law; Constitutional Law--Jurisdiction of Federal Courts--suits Against A State; Contracts--Agreement in Restraint of Trade if Severable and Reasonable as to Part is Valid; Corporations--Taxation--Franchise Tax; Elections--Primary Elections--Use of Emblem on Ballots; Evidence--Competency of Witness--Transaction With Agent, Since Deceased; Evidence--Judicial Notice of "Football Season"; Evidence--Public Records of Another State; Guaranty--Change in Principal Contract--Discharge of Guarantor; Injunction--Vendee's Fraud Vitiates Right to Use Patented Machine; Insurance--Mutual Life Insurance--Invalid By-Law--Waiver of Breach; Interstate Commerce--Power of Courts to Enjoin Enforcement of Rates; Judgment--Of Foreign Country--Conclusiveness; Judgment--Power of Court …

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Book Reviews, Victor H. Lane, Henry C. Adams, Victor H. Lane, James H. Brewster Feb 1909

Book Reviews, Victor H. Lane, Henry C. Adams, Victor H. Lane, James H. Brewster

Michigan Law Review

Polk: Due Process of Law under the Federal Constitution; Ivins and Mason: The Control of Public Utilities in the form of an annotation of the Public Service Commissions Law of the State of New York and covering all important American cases; Best: The Principles of the Law of Evidence, with elementary rules for conducting the examination of witnesses; Schouler: Ideals of the Republic; Correspondence

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Topical Index To Recent Legal Literature, Michigan Law Review Feb 1909

Topical Index To Recent Legal Literature, Michigan Law Review

Michigan Law Review

No abstract provided.

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