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Articles 31 - 60 of 1345
Full-Text Articles in Law
Table Of Contents - Volume 19, Chicago-Kent Law Review
Table Of Contents - Volume 19, Chicago-Kent Law Review
Chicago-Kent Law Review
No abstract provided.
Notes And Comments, Maxfield Weisbrod, R. L. Richman
Notes And Comments, Maxfield Weisbrod, R. L. Richman
Chicago-Kent Law Review
No abstract provided.
Federal Courts - Jurisdiction Over Violations Of Civil Liberties By State Governments And By Private Individuals, Eugene Gressman
Federal Courts - Jurisdiction Over Violations Of Civil Liberties By State Governments And By Private Individuals, Eugene Gressman
Michigan Law Review
The long-term security of civil liberties in the United States must in the end depend upon the spirit and attitude of the public. Many violations of these rights never reach the stage of justiciable issues. But even when they do, public sentiment is often reflected in the courts. Especially is this true in the state courts, which are often too near local prejudices and entrenched mores to withstand their effect. This situation was recognized as long ago as the Reconstruction Era, when the various civil rights acts provided for federal protection of civil liberties. Apparently it was felt that from …
Railroads -- Extent Of Title Acquired By Railroad By Adverse Possession Of Land Used As Right-Of-Way - Effect On Mineral Rights, Roy L. Rogers
Railroads -- Extent Of Title Acquired By Railroad By Adverse Possession Of Land Used As Right-Of-Way - Effect On Mineral Rights, Roy L. Rogers
Michigan Law Review
In a recent Michigan case it appeared that for more than the statutory period of limitation the plaintiff railroad had maintained a right-of-way over land to which the defendant held the record title. A decree quieting title in fee simple absolute in the plaintiff railroad was sought in order to determine the ownership of the oil and gas underlying the right-of-way. The court held that the railroad acquired by adverse user of the right-of-way no title to the oil and gas or other minerals beneath the surface of the land.
Administrative Law -- Taxation -- Review Of Discretionary Decisions, Gilbert C. Hine
Administrative Law -- Taxation -- Review Of Discretionary Decisions, Gilbert C. Hine
North Carolina Law Review
No abstract provided.
Civil Procedure -- Use Of Motion To Strike, J. B. Cheshire Iv
Civil Procedure -- Use Of Motion To Strike, J. B. Cheshire Iv
North Carolina Law Review
No abstract provided.
Constitutional Law -- Validity Of Parking Meter Ordinances, V. Lamar Gudger
Constitutional Law -- Validity Of Parking Meter Ordinances, V. Lamar Gudger
North Carolina Law Review
No abstract provided.
Receiverships -- Priority Of Operating Expenses Over Secured Creditors In The Corpus, Claud Wheatly Jr.
Receiverships -- Priority Of Operating Expenses Over Secured Creditors In The Corpus, Claud Wheatly Jr.
North Carolina Law Review
No abstract provided.
Injunctions -- Courts -- Injunction Against Threatened Violation Of Agreement Not To Sue, Philip E. Lucas
Injunctions -- Courts -- Injunction Against Threatened Violation Of Agreement Not To Sue, Philip E. Lucas
North Carolina Law Review
No abstract provided.
Torts -- Municipal Corporations -- Liability For Death Or Injury To Prisoner, Charles Edwin Hinsdale
Torts -- Municipal Corporations -- Liability For Death Or Injury To Prisoner, Charles Edwin Hinsdale
North Carolina Law Review
No abstract provided.
Contracts -- Effect Of Second Contract With Defaulter Upon Rights For Breach Of First, P. Dalton Kennedy Jr
Contracts -- Effect Of Second Contract With Defaulter Upon Rights For Breach Of First, P. Dalton Kennedy Jr
North Carolina Law Review
No abstract provided.
Workmen's Compensation -- Injury From Personal Assault As Arising Out Of Employment, J. G. Lamont
Workmen's Compensation -- Injury From Personal Assault As Arising Out Of Employment, J. G. Lamont
North Carolina Law Review
No abstract provided.
The Economics Of Trade Barriers, F. Eugene Melder
The Economics Of Trade Barriers, F. Eugene Melder
Indiana Law Journal
No abstract provided.
Bankruptcy - Corporate Reorganization - Limitation On The Right To Appeal From An Order For The Allowance Of Compensation In A Corporate Reorganization Under The Chandler Act, Michigan Law Review
Bankruptcy - Corporate Reorganization - Limitation On The Right To Appeal From An Order For The Allowance Of Compensation In A Corporate Reorganization Under The Chandler Act, Michigan Law Review
Michigan Law Review
A petition for reorganization was approved by the district court, and members of a bondholders' committee were granted an allowance for services. As the award was much less than the amount sought, the committee asked leave to appeal of the circuit court of appeals. Leave was granted and the allowance increased. In the Supreme Court the petitioner claimed that the circuit court of appeals had no jurisdiction on the theory that the committee was confined to an appeal as of right, which could only be taken by filing notice of appeal in the district court. Held, the circuit court …
Constitutional Law - Due Process - Use Of Involuntary Confessions In Criminal Cases, Reed T. Phalan
Constitutional Law - Due Process - Use Of Involuntary Confessions In Criminal Cases, Reed T. Phalan
Michigan Law Review
The practice of wringing confessions from the lips of persons accused of crime forms a substantial blot on the history of the medieval administration of criminal law. Never legalized in England, the practice early earned the condemnation of writers and criticism of courts. From a recognition of human rights and a perception of the unreliability of statements extorted by violence, evolved the general rule, now long recognized in England and the United States, that the accused's involuntary confession is inadmissible in evidence against him. Recently this rule of evidence has been implemented by the recognition of the United States Supreme …
Railroads - Reorganization - Validity Of Conditioning Approval Of A Consolidation By Reference To Proper Treatment Of Employees, Kenneth J. Nordstrom
Railroads - Reorganization - Validity Of Conditioning Approval Of A Consolidation By Reference To Proper Treatment Of Employees, Kenneth J. Nordstrom
Michigan Law Review
A railroad made application to the Interstate Commerce Commission to obtain authorization to lease the lines of another railroad. The relevant federal statute provided that the commission should authorize consolidations and leases subject to such terms and conditions as it should find just and reasonable and as would promote the public interest. Accordingly, the commission conditioned approval of the lease by requiring that employees dismissed as a result of the lease be paid monthly allowances for fixed periods, or until securing re-employment; that those not dismissed be protected against any decrease in wages for five years, and reimbursed for expenses …
Municipal Corporations - Labor Law - Conflict Of Municipal Ordinance With State Statute, Kenneth J. Nordstrom
Municipal Corporations - Labor Law - Conflict Of Municipal Ordinance With State Statute, Kenneth J. Nordstrom
Michigan Law Review
Defendant, a member of a machinist's union, was indicted for violation of a city ordinance which prohibited peaceful picketing except by employees employed three months or more at a place of business and who had been so employed within sixty days of the commencement of the picketing. A state statute modeled on the Norris-LaGuardia Act authorized the giving of publicity of labor disputes and forbade the issuing of injunctions for designated types of labor controversies. Held, that the ordinance was void and that the defendant was entitled to picket peacefully a company which had never employed him, but which …
Fraudulent Conveyances - Right Of Creditor Whose Cause Of Action Accrued After The Debtor's Voluntary Conveyance, Reed T. Phalan
Fraudulent Conveyances - Right Of Creditor Whose Cause Of Action Accrued After The Debtor's Voluntary Conveyance, Reed T. Phalan
Michigan Law Review
On the morning following the accident in which plaintiff's husband was struck and fatally injured by an auto owned and driven by defendant John Manning, the latter conveyed to his sister, Anna, his undivided one-half interest in certain realty, thereby making himself insolvent. About two and one-half weeks later, plaintiff's husband died as a result of the accident, and plaintiff brought suit on behalf of herself and her daughter to recover damages for the wrongful death of her husband. Plaintiff recovered judgment, and then filed the present action to set aside the conveyance. The court so decreed, and defendants John …
The Present Status Of The Sherman Act, Robert W. Harbeson
The Present Status Of The Sherman Act, Robert W. Harbeson
Michigan Law Review
Two circumstances may be advanced by way of justification for the present addition to the voluminous literature dealing with the Sherman Anti-Trust Act. First, the Supreme Court has in recent months handed down two decisions involving the application of the Sherman Act to the oil industry, which are of great importance both because of their sweeping application to marketing practices in that industry and because of the directness with which they raise certain issues of economic theory and policy. Second, the fiftieth anniversary of the Sherman Act on July 2, 1940 provides an appropriate occasion for a review of the …
Negligence - Application Of Res Ipsa Loquitur Doctrine, Edmond F. De Vine
Negligence - Application Of Res Ipsa Loquitur Doctrine, Edmond F. De Vine
Michigan Law Review
Plaintiff was passing under defendant's elevated railway structure when a small particle of steel coming therefrom dropped into his eye. In his suit for damages plaintiff relied on the application of the doctrine of res ipsa loquitur to make out a prima facie case for him. Held, the rule of res ipsa loquitur cannot apply to help plaintiff on such facts. Riles v. Murray, (N. Y. Cty. Ct. 1939) 12 N. Y. S. (2d) 648.
Landlord And Tenant - Necessity For Consideration For Lease, James A. Lee
Landlord And Tenant - Necessity For Consideration For Lease, James A. Lee
Michigan Law Review
In an action to cancel a five-year lease, it appeared that the lessee had agreed to pay as rent an amount equal to one cent a gallon on each gallon of gasoline delivered, by it, on the leased premises. Held, that the lease was valid, as it created a bilateral contract supported by consideration on both sides, since according to the court's construction of the lease the lessee had impliedly promised to use the premises as an automobile filling and service station for the stipulated period and so would necessarily be required to deliver gasoline there. Jackson v. Pepper …
Torts - Assumed Risk In Bleachers Of Baseball Park Where There Is No Choice Of Protected Seats, Jerome J. Dick
Torts - Assumed Risk In Bleachers Of Baseball Park Where There Is No Choice Of Protected Seats, Jerome J. Dick
Michigan Law Review
Plaintiff sued for injuries sustained when struck by a foul ball at a baseball game while seated in the unprotected bleachers of the municipal baseball park. Held, the fact that there was no choice of protected seats in the ball park would not justify the recovery against the defendant, for the plaintiff, while seated in these unprotected bleachers, assumed this risk which was reasonably incidental to the game of baseball. Adonnino v. Village of Mount Morris, 171 Misc. 383, 12 N. Y. S. (2d) 658 (1939).
Rescission - Constructive Trusts - Tracing Misappropriated Funds, Eugene T. Kinder
Rescission - Constructive Trusts - Tracing Misappropriated Funds, Eugene T. Kinder
Michigan Law Review
Defendant, president of plaintiff corporation, misappropriated over $1,000,000 in corporate funds, investing $79,000 thereof in government bonds. With the proceeds from these bonds, defendant set up two corporations, all the capital stock of which was owned by defendant's son and was purchased with plaintiff's money. One Greenslade was hired by defendant, and paid with a part of the misappropriated funds, to experiment with locomotive staybolt testing devices. As a result of the experimentation, Greenslade invented and patented several devices, transferring ownership thereof to one of the two corporations. In a prior action, brought without knowledge of the disposition of the …
Survey Of Illinois Law For The Year 1939-1940, Chicago-Kent Law Review
Survey Of Illinois Law For The Year 1939-1940, Chicago-Kent Law Review
Chicago-Kent Law Review
No abstract provided.
Charles Evans Hughes- Professor, Harry L. Taylor
Charles Evans Hughes- Professor, Harry L. Taylor
Cornell Law Review
No abstract provided.
Wigmore On Evidence-A Review, John E. Tracy
Wigmore On Evidence-A Review, John E. Tracy
Michigan Law Review
In 1887 John Henry Wigmore graduated from Harvard Law School. Only four years later, in 1891, there came from his pen an article in the Harvard Law Review entitled "Nemo Tenetur Seipsum Prodere," which showed to the profession that there had arrived at the bar a writer who was not only a deep student of legal history and knew his law of evidence, but who had no hesitation in smashing images, regardless of how sacredly they had theretofore been worshiped.
Automobiles - Husband's Liability For Wife's Negligence While Driving Family Auto - "Family Errand" And "Family Purpose" Doctrines - Illinois Rule, Michigan Law Review
Automobiles - Husband's Liability For Wife's Negligence While Driving Family Auto - "Family Errand" And "Family Purpose" Doctrines - Illinois Rule, Michigan Law Review
Michigan Law Review
Plaintiff's automobile was damaged by collision with an automobile belonging to the defendant while being driven by defendant's wife who was on an errand to purchase a twenty-five cent Hallowe'en party dress for her daughter. The accident was caused by the negligence of the defendant's wife. The defendant, his wife, and their child were living together, and the wife's sole income was derived from her husband, and from this she was to provide clothing and meet other expenses for the child. The circuit court gave judgment of damages to the plaintiff and the defendant appeals. Held, the plaintiff could …
Constitutional Law-Delegation Of Legislative Power - Utah Milk Control Act, Edward S. Biggar
Constitutional Law-Delegation Of Legislative Power - Utah Milk Control Act, Edward S. Biggar
Michigan Law Review
The Utah Milk Control Act declared the necessity of stabilizing the production and distribution of market milk, for the purpose of insuring "a continuous and adequate supply of pure, wholesome milk." The state board of agriculture was authorized to fix prices and regulate the surplus of milk in particular marketing areas. Provision was made for public hearings to precede the board's issuance of regulatory orders. In fixing prices, the board was directed to consider the cost of "producing, handling, pasteurizing, and distributing" the milk to be sold. There was no requirement that the orders promulgated contain any specific provisions. Pursuant …
The Premises Of The Judgment As Res Judicata In Continental And Anglo-American Law, Robert Wyness Millar
The Premises Of The Judgment As Res Judicata In Continental And Anglo-American Law, Robert Wyness Millar
Michigan Law Review
The newly reconstituted Supreme Court of the United States has become the center of an earnest controversy with respect to the true role of the Court in constitutional interpretation. The general controversy is, of course, far from new. What makes it of more than ordinary significance is that the Court itself is revealing a tendency substantially to alter the extent, if not the nature, of judicial review. This tendency has not yet become clearly dominant, but it is apparent enough to shake the implicit faith in the Court of many of those to whom, before 1937, any criticism of the …