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Full-Text Articles in Law

Ministerial And Discretionary Official Acts, Edwin W. Patterson Jun 1922

Ministerial And Discretionary Official Acts, Edwin W. Patterson

Michigan Law Review

Two recent cases, one in Michigan and one in Iowa, bring up again the insistent question of judicial control over administrative action and the oft-repeated distinction between "ministerial" and "discretionary" official acts.


Indemnity Act Of 1863 A Study In The War-Time Immunity Of Governmental Officers, James G. Randall Apr 1922

Indemnity Act Of 1863 A Study In The War-Time Immunity Of Governmental Officers, James G. Randall

Michigan Law Review

One of the familiar measures of the Union administration during the Civil War was the suspension of the habeas corpus privilege and the consequent subjection of civilians to military authority. The essential irregularity of such a situation in American law is especially conspicuous when one considers its inevitable sequel-namely, the protection of military and civil officers from such prosecution as would normally follow invasion of private rights and actual injury of persons and property. Such protection was supplied by a bill of indemnity passed in 1863, and this law, with its amendment of i866, forms a significant chapter in the …


Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell Mar 1922

Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell

Michigan Law Review

Cases Arising under the Constitution or Laws of the United States. The question whether a case presents a "federal question," so called, is raised in a number of the controversies in which the asserted federal question was considered and answered. Only a few of these instances need special mention. In Hartford Life Ins. Co. v. Blincoe,3 after reversal by the Supreme Court of a state judgment against a defendant, a second judgment was rendered by the state court on different grounds. These included holding an assessment on an insurance policy to be void for the inclusion of a state tax …


Book Reviews, Edgar N. Durfee, Edwin D. Dickinson, Burke Shartel, Leonard D. White, Evans Holbrook, C E. Griffin, Ding Sai Chen Mar 1922

Book Reviews, Edgar N. Durfee, Edwin D. Dickinson, Burke Shartel, Leonard D. White, Evans Holbrook, C E. Griffin, Ding Sai Chen

Michigan Law Review

Although the three lectures contained in this volume are propounded as a "trinity," the reader will not find in them that unity which is of the essence of a trinity, as distinguished from an aggregate of three. The author proposes a "triune division" of legal science, Past, Present and Future. But the first lecture deals with a particular phase of the past, the second with a remotely related phase of the present, and the last with a quite unrelated phase of the future, so that they have little in common, save the brilliance that sparkles through them all.


The Extent Of The Finality Of Commissions' Rate Regulations, Thomas Porter Hardman Jan 1922

The Extent Of The Finality Of Commissions' Rate Regulations, Thomas Porter Hardman

West Virginia Law Review

No abstract provided.