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Articles 1 - 27 of 27
Full-Text Articles in Law
Contracts—Agreements Not To Compete—Powers Of Equity To Scale Down Unreasonable Terms, Daniel T. Roach
Contracts—Agreements Not To Compete—Powers Of Equity To Scale Down Unreasonable Terms, Daniel T. Roach
Buffalo Law Review
Thomas v. Paker, __ Mass __, 98 N. E. 640 (1951).
Sales—Specific Performance Of Personalty—Effect Of Uniform Sales Act, Joseph C. Tisdall
Sales—Specific Performance Of Personalty—Effect Of Uniform Sales Act, Joseph C. Tisdall
Buffalo Law Review
Hunt Foods, Inc. v. O'Disho, 98 F. Supp. 267 (N. D. CaL 1951).
Practice And Procedure, Arnold Shulman, Joseph C. Jackson
Practice And Procedure, Arnold Shulman, Joseph C. Jackson
Mercer Law Review
Unfortunately in writing on the subject of practice and procedure there is little or no opportunity to indulge in attempts at anticipatory law. The writers of substantive topics may, on occasion, give a conning tower view of what should be the law and theorize on the progressive trend in various fields. However firm the trend may be toward simplification of practice and procedure, the facts only too well bear out the statement that pleading is statutory and rule-made law, and leaves to the courts very little ground for interpretive opinions. Also, all too frequently, the courts take occasion to use …
Supreme Court Practice, By Robert L. Stern And Eugene Gressman; Jurisdiction Of The Supreme Court Of The United States, By Richard Wolfson And Philip B. Kurland, Henry M. Hart Jr
Supreme Court Practice, By Robert L. Stern And Eugene Gressman; Jurisdiction Of The Supreme Court Of The United States, By Richard Wolfson And Philip B. Kurland, Henry M. Hart Jr
Indiana Law Journal
No abstract provided.
Legislative Favoritism Before The Court, Daniel J. Dykstra
Legislative Favoritism Before The Court, Daniel J. Dykstra
Indiana Law Journal
No abstract provided.
The Common Law: An Account Of Its Reception In The United States, Ford W. Hall
The Common Law: An Account Of Its Reception In The United States, Ford W. Hall
Vanderbilt Law Review
The story of the extent to which the common law of England has been received and applied in the United States, is one of the most interesting and important chapters in American legal history. However, many courts and writers have shown a tendency simply to say that our colonial forefathers brought the common law of England with them, and there has often been little or no inclination to look further into the question. Nevertheless, the problem of the reception of the common law in America has at various times occupied the attention of many of our most eminent jurists and …
International Law-Immunity Of Employee Of United Nations Delegation From In Rem Proceedings In Municipal Courts, Allan Neef
Michigan Law Review
A landlord's summary proceeding for recovery of possession was brought in a New York municipal court against a secretary of the Argentine delegation to the United Nations. The defendant appeared specially and moved to vacate the service of the precept, claiming immunity from suit by virtue of the grant of diplomatic privileges and immunities to official employees of member delegations under Article V of the Headquarters Agreement between the United States and the United Nations. Held, motion denied. Realty not directly pertaining to a delegation's employee's official position is not removed from the jurisdiction of the local courts by …
Federal Procedure-Joinder Of Legal And Equitable Claims-Trial By Jury, William O. Allen
Federal Procedure-Joinder Of Legal And Equitable Claims-Trial By Jury, William O. Allen
Michigan Law Review
Plaintiff brought an action against his employer in a federal district court under the Federal Employers' Liability Act for damages for personal injuries suffered during the course of his employment. In the same action, plaintiff sought to have a release, which he had executed, set aside on the ground that it had been obtained by defendant's fraud. Plaintiff requested a jury trial of both claims; defendant objected to a jury trial of the issue of setting aside the release, on the ground that a claim for cancellation of a release is for equitable relief triable to the court alone. Held …
Congressional Silence And The Supreme Court
Immunity Of Non-Resident Participants In A Judicial Proceeding From Service Of Process-A Proposal For Renovation
Indiana Law Journal
No abstract provided.
Charles Evans Hughes And The Supreme Court, By Samuel Hendel, Richard E. Wolfson
Charles Evans Hughes And The Supreme Court, By Samuel Hendel, Richard E. Wolfson
Indiana Law Journal
No abstract provided.
Labor Law—Injunctions—Jurisdiction Of N. L. R. B. Held Exclusive, Francis W. Greune.
Labor Law—Injunctions—Jurisdiction Of N. L. R. B. Held Exclusive, Francis W. Greune.
Buffalo Law Review
Ryan v. Simons, 277 App. Div. 1000, 100 N. Y. S. 2d 18 (2d Dept. 1950).
State Constitutions, State Courts And First Amendment Freedoms, Monrad G. Paulsen
State Constitutions, State Courts And First Amendment Freedoms, Monrad G. Paulsen
Vanderbilt Law Review
We have recently been reminded that one of the current and recurrent quandaries of the Supreme Court of the United States arises from the American constitutional system's counterpart of the philosophical problem of the One and the Many. When an individual's freedom is involved, the question is whether and to what degree state legislators, public officials and judicial officers shall be called upon to enforce standards of respect for personal liberties defined by the Federal Constitution and the United States Supreme Court; or, put another way, how far the first eight amendments of the Federal Constitution are incorporated into the …
Nims: Pre-Trial, John W. Reed
Nims: Pre-Trial, John W. Reed
Michigan Law Review
A Review of PRE-TRIAL. By Harry D. Nims.
Nims: Pre-Trial, John W. Reed
Nims: Pre-Trial, John W. Reed
Michigan Law Review
A Review of PRE-TRIAL. By Harry D. Nims.
Virtue: Survey Of Metropolitan Courts: Detroit Area, Stephen H. Clink
Virtue: Survey Of Metropolitan Courts: Detroit Area, Stephen H. Clink
Michigan Law Review
A Review of SURVEY OF METROPOLITAN COURTS: DETROIT AREABy Maxine Boord Virtue.
Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed.
Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed.
Michigan Law Review
The question of the power of federal courts to issue the writ of habeas corpus for a prisoner confined outside the territorial United States has not as yet been completely answered. Until recently, there were few instances in which anyone was confined outside the United States under the authority of the United States. However, during and since World War II, American military tribunals have exercised power over citizens and aliens, civilians and military personnel, in many parts of the world, and especially in Germany and Japan. Because of this extended use of military tribunals, the question of the power of …
Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed.
Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed.
Michigan Law Review
The question of the power of federal courts to issue the writ of habeas corpus for a prisoner confined outside the territorial United States has not as yet been completely answered. Until recently, there were few instances in which anyone was confined outside the United States under the authority of the United States. However, during and since World War II, American military tribunals have exercised power over citizens and aliens, civilians and military personnel, in many parts of the world, and especially in Germany and Japan. Because of this extended use of military tribunals, the question of the power of …
Virtue: Survey Of Metropolitan Courts: Detroit Area, Stephen H. Clink
Virtue: Survey Of Metropolitan Courts: Detroit Area, Stephen H. Clink
Michigan Law Review
A Review of SURVEY OF METROPOLITAN COURTS: DETROIT AREABy Maxine Boord Virtue.
The Legislative Status Of An Unconstitutional Statute, Earl T. Crawford
The Legislative Status Of An Unconstitutional Statute, Earl T. Crawford
Michigan Law Review
Once a statute has been found to violate some constitutional provision, a legislature is faced with a difficult problem of how to change the statute so as to effect the desired policy and still not violate constitutional principles. The general nature of this problem is suggested by such inquiries as these: Will the subsequent overruling of a previous judicial decision declaring a statute unconstitutional require any legislative action to put the statute into effect? Can a statute, which has been held violative of the constitution, be amended by corrective or curative legislation without complete re-enactment if the statute as amended …
Federal Courts-Venue-Transfer To A More Convenient Forum Under Title 28, United States Code, Section 1404(A), Nolan W. Carson S. Ed.
Federal Courts-Venue-Transfer To A More Convenient Forum Under Title 28, United States Code, Section 1404(A), Nolan W. Carson S. Ed.
Michigan Law Review
A cause of action based on diversity of citizenship was brought in a United States District Court in Pennsylvania by a New York corporation against a Delaware corporation. Plaintiff joined a New York corporation as an involuntary plaintiff. Defendant then moved for a transfer based on forum non conveniens to the Southern District of New York. Held, this suit could not have been brought originally in the Southern District of New York since the present involuntary plaintiff, amenable to process in that district, could only have been joined as a defendant and diversity of citizenship would have been absent. …
The Virginia Juvenile Court Law Of 1950, Paul D. Brown
The Virginia Juvenile Court Law Of 1950, Paul D. Brown
Washington and Lee Law Review
No abstract provided.
Forum Non Conveniens Under The United States Judicial Code, Robert P. Hobson
Forum Non Conveniens Under The United States Judicial Code, Robert P. Hobson
Washington and Lee Law Review
No abstract provided.
The Evidentiary Effect Of A View: Stare Decisis Or Stare Dictis, Thomas P. Hardman
The Evidentiary Effect Of A View: Stare Decisis Or Stare Dictis, Thomas P. Hardman
West Virginia Law Review
No abstract provided.
Federal Courts-Appeals-Finality Of Decree Dismissing Intervenor's Claim After Trial, J. D, Mcleod S. Ed.
Federal Courts-Appeals-Finality Of Decree Dismissing Intervenor's Claim After Trial, J. D, Mcleod S. Ed.
Michigan Law Review
Dickinson, a promoter of Petroleum, sued Lloyd, his fellow promoter, to impress an equitable lien on certain stock in Lloyd's possession. Petroleum and some of its shareholders known as the ''Rinke subscribers" intervened, seeking to have the stock issue canceled because of fraud, and to recover damages for secret profits gained through breach of fiduciary duty to the corporation. In 1947, after trial, a decree was entered. Claims of both Dickinson and Lloyd were dismissed. Judgment against them was entered in favor of the class of subscribers, the decree providing that the several claims of the individual subscribers be liquidated …
An Intolerable Burden, Amos H. Eblen