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Articles 331 - 360 of 421
Full-Text Articles in Commercial Law
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Constitutional Law-Interstate Commerce-The Transportation Act Of 1920
Constitutional Law-Interstate Commerce-The Transportation Act Of 1920
Michigan Law Review
Contemporaneous comments on Supreme Court decisions involving the "due process" clause too often resolve themselves into mere "debates" as to the wisdom of the particular legislation in question, either from the standpoint of the ultimate object to be accomplished or the methods adopted for its accomplishment. Strongest adherents of our unique system of judicial review must admit that, after all, the duty of the Supreme Court consists primarily in determining whether or not the legislation before it is valid, not whether it is, or is not, a politic enactment.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Resale Price Fixing From A Different Angle
Resale Price Fixing From A Different Angle
Michigan Law Review
The proposition that resale price fixing agreements are illegal, while by no means universally accepted, is definitely established in the federal courts as well as in quite a number of the state courts. Whatever we may think of its soundness from an economic viewpoint it will doubtless receive even wider recognition as time goes on. For a collection and discussion of the authorities see 20 MICH. L. REV. 904; 19 MICH. L. REV. 265; 19 A. L. R. 925.
Constitutionality Of Acts For Conservation Or Retention Of Natural Gas Within The State
Constitutionality Of Acts For Conservation Or Retention Of Natural Gas Within The State
Michigan Law Review
The distribution of our natural resources creating among our several states an economic inter-dependence of varied degrees, and the growing appreciation of the danger of approaching exhaustion in various fields, has very naturally prompted the legislatures of some of the states to enact statutes which have been broadly designated as "conservation acts," though some of them could be described more accurately as "domestic preference acts". Most of these statutes are calculated to prevent waste, arc real conservation measures, and have nearly always been upheld. Ohio Oil Co. v. Indiana, 177 U. S. 190, concerned a statute making it unlawful …
Artisans' Liens Competing With Claims Of Conditional Sale Vendor Or Chattel Mortgagee
Artisans' Liens Competing With Claims Of Conditional Sale Vendor Or Chattel Mortgagee
Michigan Law Review
The privilege of the artisan or materialman who has performed services or furnished materials in respect of a chattel in his possession to withhold such possession until paid the amount of his charges may be an effective security. Likewise, a chattel mortgagee or conditional vendor may be quite secure. But when a mortgagor or conditional vendee in possession has bailed the chattel to one whose services entitle him, either under the common law or a statute, to a lien for his charges therefor, there are plenty of chances for trouble. Liens being an invasion upon or subtraction from the totality …
Internationial Aspects Of Prohibition Enforcement
Internationial Aspects Of Prohibition Enforcement
Michigan Law Review
The Eighteenth Amendment to the Federal Constitution prohibits "the manufacture, sale, or transportation oi intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes." 40 Stat. 1050, 1941. In the National Prohibition Cases, 253 U. S. 350, 386, the amendment was said to be operative "throughout the entire territorial limits of the United States." As originally enacted, the National Prohibition Act did not in terms define its territorial field, but a supplemental provision afterwards enacted declares that the act "shall apply not only …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
The Supreme Court's Adjudication Of Constitutional Issues In 1921-1922, Ii, Thomas Reed Powell
The Supreme Court's Adjudication Of Constitutional Issues In 1921-1922, Ii, Thomas Reed Powell
Michigan Law Review
Questions of discrimination in rates or services arising under the Interstate Commerce Act or some of its amendments came before the court in a number of cases without raising any direct constitutional issues. Such an issue, however, was urged against a refusal of the Interstate Commerce Commission to allow a tap line owned by a Lumber company more than $3 per car as its share of the joint rate for traffic over it and the main line, but in Louisiana & P. B. Ry. Co. v. United States the claim that this restriction was so arbitrary as to deny the …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
No abstract provided.
Note And Comment, Edwin C. Goddard, George Seletto, Edson R. Sunderland, Victor H. Lane, Burke Shartel, George E. Longstaff
Note And Comment, Edwin C. Goddard, George Seletto, Edson R. Sunderland, Victor H. Lane, Burke Shartel, George E. Longstaff
Michigan Law Review
Carriers - Second Cummins Amendment - It was seven years after the Carmack Amendment of the Hepburn Act of i9o6 before the Supreme Court began that series of decisions, extending from Adams Express Co. v. Croninger, 226 U. S. 491 (1913), to George N. Pierce Co. v. Wells, Fargo & Co., 236 U. S. 278 (1915), which directly resulted in the First Cummins Amendment of March, 1915. One has only to read those cases, reviewed in 13 Micn. L. REv. 59o, and other notes referred to in 17 MICH. L. Rzv. 183, to see that the language of the Cummins …
Net Income And Judicial Economics, Henry Rottschaefer
Net Income And Judicial Economics, Henry Rottschaefer
Michigan Law Review
A legal system does not function in a vacuum of abstractions. It is part of a general institutional framework of an organized society. Its content is determined by concrete individual and social needs and activities. Hence modern jurisprudence conceives of law as a means for securing interests. The appraisal of its rules and principles requires an evaluation of the significant elements of the situation to which they apply. A narrow, complacent formalism is the penalty of failure in this regard. No one would deny the emphasis modern society places upor its commercial and industrial interests, nor the many points of …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Admiralty - Workmen's Compensation - Is a Hydroplane a Vessel? - Claimant was employed in the care and management of a hydroplane which was moored in navigable waters. The hydroplane began to drag anchor and drift toward the beach, where it was in danger of being wrecked. Claimant waded into the water and was struck by the propeller. Held, claimant is not entitled to compensation under the Workmen's Compensation Law, since a hydroplane while on navigable waters is a vessel, and therefore the jurisdiction of the admiralty excludes that of the State Industrial Commission. Reinhardt v. Newport Flying Service Corp. …
Book Reviews, Hessel Edward Yntema, Edwin C. Goddard
Book Reviews, Hessel Edward Yntema, Edwin C. Goddard
Michigan Law Review
To Joseph Story goes the credit of having introduced to American and to English law that field which he, following Ulric Huber, denominated the conflict of laws. It should not, however, be forgotten that behind Story lay at least six centuries of continental criticism upon which he drew for his materials. And it should be of peculiar interest to those trained in the Common Law to have pointed out the extent to which this most controversial of subjects was from the outset influenced by the practice of the courts. In the present monograph, originally written in celebration of the seventy …
Book Reviews, John B. Waite, Ralph W. Aigler
Book Reviews, John B. Waite, Ralph W. Aigler
Michigan Law Review
The Negotiable Instruments Law Annotated by Joseph Doddridge Brannon, Professor of Law Emeritus, in Harvard University. Third Edition. The W. H. Anderson Company, Cincinnati, 1920, pp. lxvi, 662. That this is the third edition of this compilation, indicates a favorable reception by law book buyers. In this case the demand should not be confinned to lawyers, for the book would be of particular value to bankers and others of the lay world who have to deal with commercial paper. And for such readers, who seek practical information as to the characteristics and qualities of particular instruments as affected by the …
Fictitious Payee, Victor H. Kulp
Fictitious Payee, Victor H. Kulp
Michigan Law Review
It is proposed to discuss the doctrine that negotiable instruments with fictitious payees are deemed payable to bearer, and to note the conditions and limitations of the rule.
Doctrine Of Bad Faith In The Law Of Negotiable Instruments, George W. Rightmire
Doctrine Of Bad Faith In The Law Of Negotiable Instruments, George W. Rightmire
Michigan Law Review
This rule is now enacted in all but two of the states of the United States; the history of its development and of its application since it became undisputed is well illustrative of the process of the common law system, and this discussion is undertaken for the purpose of discovering the general principles which a trial court should have in mind when charging a jury in a case involving the application of this doctrine.
Combination Not Competition Of Railroads, Blewett Lee
Combination Not Competition Of Railroads, Blewett Lee
Michigan Law Review
In the course of the taking of evidence before what is generally called the Newlands Committee, appointed by Congress to investigate conditions relating to interstate and foreign commerce, it was very interesting to observe the personality of the different members of the Committee, as indicated by the questions which they asked of the various expert witnesses who were brought before them. The keen intellect of the Senior Senator from Iowa has continually played about the problem, how the revenues of the weak lines can be increased without at the same time increasing those of the strong ones. Assuming that some …
Forms Of Anglo Saxon Contracts And Their Sanctions, Robert L. Henry Jr
Forms Of Anglo Saxon Contracts And Their Sanctions, Robert L. Henry Jr
Michigan Law Review
Including (a) Warranty of Title, and (b) Warranty of Quality. Perhaps the most primitive commercial transaction affecting legal rights was the executed barter; in a more 'advanced state when money had been introduced, the executed sale.
Reasonable Rates, Henry Hull
Reasonable Rates, Henry Hull
Michigan Law Review
The principles underlying the decisions of the Interstate Commerce Commission are, for the most part, admittedly sound principles, and their number is not inordinately great. But to lawyers, and students of law, the application of these principles seems, in casual reading, to be made as whim or fancy dictates. It is a frequent complaint of the lawyer that there is no law in rate decisions.
Carmack Amendment In The State Courts, Wayland H. Sanford
Carmack Amendment In The State Courts, Wayland H. Sanford
Michigan Law Review
Prior to the leading case of Adams Express Co. v. Croninger,'- decided January 6th, 1913, there was much diversity in the decisions of the state courts as to the validity of contracts between shippers and carriers limiting the amount of the carrier's liability for injuries to goods shipped. Such limitations were held valid in some states, but invalid in others, and in some were declared invalid by statutes or constitutional provisions.2 State rules were applied to interstate as well as intrastate shipments, it being supposed that Congress had not legislated upon the subject. The CARMACK AmlNDVNT of i9o6s provided that …
Liability Of A Carrier Under A Bill Of Lading When The Goods Have Not Been Received By The Carrier, H S. Ross
Liability Of A Carrier Under A Bill Of Lading When The Goods Have Not Been Received By The Carrier, H S. Ross
Michigan Law Review
The coming into force on January I, 1917 in the United States of the FXDMAL BILL Or LADING AcT1 has given new interest to a question which was at one time much debated, namely: should a carrier whose shipmaster or agent has signed a bill of lading be liable to an innocent holder for value of such bill of lading if the carrier can show that the goods were never shipped?
Note And Comment, Evans Holbrook, Myron Mclaren, Walter F. Whitman
Note And Comment, Evans Holbrook, Myron Mclaren, Walter F. Whitman
Michigan Law Review
The Death of President Angell - The death of Dr. James Burrill ANGELL, president-emeritus of the university, has deprived the law school of a sympathetic and helpful friend. Such was the catholicity of Dr. ANGL'S mind and his intellectual interests that probably all departments of the university felt and had good reason to feel that he was in some special sense the interested friend of each.
Note And Comment, John B. Waite, Thomas H. Westlake, William C. Mullendore, Harry B. Sutter
Note And Comment, John B. Waite, Thomas H. Westlake, William C. Mullendore, Harry B. Sutter
Michigan Law Review
Dean Pound Harvard has honored itself in the appointment of Roscoe POUND to the deanship of its law school
Note And Comment, Edwin C. Goddard, Edgar N. Durfee, Thomas H. Westlake
Note And Comment, Edwin C. Goddard, Edgar N. Durfee, Thomas H. Westlake
Michigan Law Review
The Death of Dean Thayer - The death on September 15th of Ezra Ripley Thayer, dean of the Harvard Law School, has brought irreparable loss not only to the institution which he had brilliantly served, but to the cause of legal education throughout the country. Dean Thayer was the rarely fine product of conditions and environment which have been perhaps the most richly fruitful that our nation has known. The son of a most distinguished legal scholar and teacher, he grew up in association with much that was best and most inspiring in Massachusetts and in the great university from …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.