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Full-Text Articles in Law

Supreme Court And Unconstitutional Acts Of Congress, Edwin S. Corwin Jun 1906

Supreme Court And Unconstitutional Acts Of Congress, Edwin S. Corwin

Michigan Law Review

The power of the Supreme Court of the United States to supervise Congressional legislation has been so generally assumed in the recent discussions, both in and out of Congress, of the proposed Rate Bill, and is indeed so apparently settled today that it becomes of interest to inquire into the intention of the Constitutional Fathers in this matter. Did the Fathers intend that the federal judiciary should have the right to declare an act of Congress of no effect because transgressing constitutional limits? It does not detract from the interest of this question that two recent authorities who attempt to …


Recent Important Decisions, Michigan Law Review Jun 1906

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney--disbarment for Malpractice; Bills and Notes--Certification of Check; Bills and Notes--consideration--Illegal Use of Proceeds--Sunday Contracts; Bills and Notes--Notice of Protest; Carrier--Invalid Ticket--Tender of Cash Fare--Ejection of Passenger; Common Carriers--Express Companies--Municipal Tax on Delivery of Intoxicating Liquors--Mandamus to Compel Transportation; Common Carriers--Limitation of Liability by Special Contract--Hand Baggage; Constitutional Law--Obligation of Contract; Constitutional law--Privileges of Citizens--Interstate Commerce--Peddler's License; Corporations--conflict of Laws--Liability of Stockholders in Company Formed to Trade in a Foreign Country--Implied Authority to Pledge Personal Credit of Shareholders Under Foreign Law; Covenants--Privity of Estate; Criminal Law--False Pretenses--Post payable Check; Criminal Law--Presumption from Identity of Names; Deeds--Capacity of Grantor as Compared …


Recent Important Decisions, Michigan Law Review May 1906

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgement--Use of "He" Instead of "They"; Adverse Possession--Easement--License--Legal Maxim; Attachment--Conflict of Jurisdictoin--State and Federal Courts; Bills and Notes--Negotiability of Overdue Note; Bills and Notes--Presentment; Common Carriers--Fellow Servant Rule--Departmental Doctrine; Conspiracy--Recovery Against One Alone; Constitutional Law--County Taxes--Statutory Limitation--Impairment of Contracts; Constitutional Law--Search And Seizure--Due Process of Law; Constitutional Law--Sunday Law--Obligatory on Hebrews; Contracts to make a Particular Disposition of Property at Death--Specific Performance; Corporations--Banks and Banking--Negligence of Directors--Liability for Deceit--Liability to Creditors; Corporations--Issue of Convertible Bonds--Increase of Capital Stock--Preemptive Right of Stockholders; Covenants--Technical and Substantial Breach; Deeds--Condition Subsequent--Agreement to Support; Divorce--Alimony--Decree--Monion to Vacate; Dower--Rights of Divorced Wife; Eminent Domain--Telephone Poles in …


Recent Important Decisions, Michigan Law Reivew Apr 1906

Recent Important Decisions, Michigan Law Reivew

Michigan Law Review

Agency--Ratification--Action by Principal Based on His Own Ratification; Bailments--Negligence of Bailor and Bailee; Bills and Notes--Designation of Amount--Marginal Figures; Bills and Notes--Sufficiency of Plaintiff's Title; Bills and Notes--Rights of an Accommodation Maker; Carriers--Liability of Steamship Company for Loss of Passenger's Baggage; Common Carrers--Limitation of Liability by Special Contract--Exemption Includes Limitation; Constitutional Law--Game Laws; Constitutional Law--Habeas Corpus--Former Jeopardy; Contract for Sale of Realty--Rescission--Bringing Action not Sufficient Notice of Recission; Corporations--Foreign Corporations--Doing Business in the State--State Control--Taxation of Intra-State Business; Corporations--Illegal Payment of Dividends--Statuatory Liability of Directors--Discretion of Directors; Corporations--Ultra Vires Contract--Powers of Railroad Company--Estoppel; Criminal Law--Homicide--Threats by Deceased; Damages--Nursing by Husband …


Recent Important Decisions, Michigan Law Review Mar 1906

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Arbitration and Award--By-Laws of Board of Trade--Ousting Courts' Jurisdiction; Bills and Notes--Accommodation Indorsement--Conflict of Laws; Bills and Notes--Material Alteration; Common Carriers--Duty to Notify Passenger of Arrival at His Destination--Must Awaken Sleeping Passenger if His Destination is Known; Constitutional Law--Anti-Trust Laws--Equal Protection of the Laws; Constitutional Law--Insurance--State Statutes Prohibiting Combinations Among Insurance Companies--Do Not Violate Fourteenth Amendment; Constitutional Law--Prosecution by Information due Process of Law; Contracts--Agreement to Employ Only Members of a Certain Union; Contracts--Public Policy--Location of Depots; Corporations--Reduction of Stock--Equitable Relief--Powers of Officers; Corporations--Suit by Stockholders--Refusal of Directors to Sue; Corporations--Suit in Stockholders' Names--Device to Confer Jurisdiction on Federal Courts; …


Note And Comment, Edson R. Sunderland, Henry M. Bates, Harry B. Hutchins, John R. Rood, James H. Brewster, James H. Brewster Feb 1906

Note And Comment, Edson R. Sunderland, Henry M. Bates, Harry B. Hutchins, John R. Rood, James H. Brewster, James H. Brewster

Michigan Law Review

Constitutional Privileges in the Philippine Islands; A Laudatory Publication as a Cause of Action; The Cy-Pres Doctrine; Duty of Vendee to See to Investment of Funds; the Power to Declare a forfeiture and Sell Property Used in Violation of a Statute; Dying Declarations; "Juvenile Courts" and Jury Trials for Neglected, Delinquent, Children;


Recent Important Decisions, Michigan Law Reivew Feb 1906

Recent Important Decisions, Michigan Law Reivew

Michigan Law Review

Acknowledgment--Notary Agent of Grantee--Extra Compensation for Securing Acknowledgment; Attachment of Real Property--Conflict of Jurisdiction--Federal and State Courts; Attorney and Client--Contract Between--Fraudulent Conveyance; Bankruptcy--Preferences--Securing Attorney's Fee; Banks--Liability of Private Banker; Common Carriers--Duty to Receive Helpless Persons as Passengers--Degree of Care Required When Accepted; Common Carriers--duty Toward Hackmen at Depots--May Discriminate; Constitutional Law--Impairing Obligation of Contract--Contracts with Waterworks Companies; Constitutional Law--License for Issuing Trading Stamps; Constitutional Law--Trading Stamp Laws; Corporations--amendment of Charter--Service on--Liberty to Contract; Corporations--Constitutional Law--Pools and Trusts--Foreign Insurance Companies; Criminal law--Written instructions to Jury; damages--Fright Unconnected with Physical Injury; Deed--description--Conveyance to Trustee--Necessity of Word "heirs"--Rule in Shelley's Case--Adverse Possession; Evidence--Corporations--Books …


Two Theories In Regard To The Implied Powers Of The Constitution, Margaret Center Klingelsmith Jan 1906

Two Theories In Regard To The Implied Powers Of The Constitution, Margaret Center Klingelsmith

University of Pennsylvania Law Review

No abstract provided.


Constitutional Privileges In The Philippine Islands, Edson R. Sunderland Jan 1906

Constitutional Privileges In The Philippine Islands, Edson R. Sunderland

Articles

About a year ago an appeal was decided in the Supreme Court of the United States which came up from the Supreme Court of the Philippine Islands, involving the question of the right of the government to appeal in a criminal case and to secure a conviction after an acquittal below. That case was Kepner v. United States, 195 U. S. 100. The court held, by a vote of five to four, that proceedings in error instituted by the government after an acquittal in the trial court, had the effect of placing the accused twice in jeopardy for the same …


The Investigation Of Corporate Monopolies, Edson R. Sunderland Jan 1906

The Investigation Of Corporate Monopolies, Edson R. Sunderland

Articles

The Supreme Court of the United States has recently given a clear and brief statement of its views respecting the right of a corporation officer to refuse to testify on the ground that his testimony may subject the corporation to a criminal prosecution. Hale v. Henkel, 26 Sup. Ct. Rep. 370. Hale was summoned before a grand jury in a proceeding under the Sherman anti-trust act, and upon being interrogated respecting certain transactions of the MacAndrews & Forbes Co., of which he was Secretary and Treasurer, refused to answer, on the ground that the Federal immunity law was not broad …