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University of Michigan Law School

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Articles 901 - 930 of 971

Full-Text Articles in Comparative and Foreign Law

International Recognition And The National Courts, Edwin D. Dickinson Jan 1920

International Recognition And The National Courts, Edwin D. Dickinson

Articles

In the law of nations everything depends upon recognition. A newly organized state may possess all the requisites of de facto existence, but it can gain admission to the community of international law only as it is recognized by other states. Even after it has been admitted to the international community it may be virtually outlawed by the refusal of other states to recognize a change in its government. It is through recognition and recognition alone that a de facto state becomes and continues an international person and a subject of international law.

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Book Reviews, Henry M. Bates, Ernest F. Lloyd Jan 1920

Book Reviews, Henry M. Bates, Ernest F. Lloyd

Michigan Law Review

Constitutional Power and World Affairs, Columbia University Lectures, on the George Blumenthal Foundation, for i918, by George Sutherland. New York, Columbia University Press, 1019, pp. vii, 202. This book is one of the most interesting and thoughtful commentaries on certain phases of our Constitution which has appeared in many years. During his two terms in the United States Senate Mr. Sutherland came to be recognized as one of the ablest constitutional lawyers of the country, and his retirement in 1917 was a distinct loss to our public life. The present book is the product not only of exact, scholarly study …

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The Domicil Of Persons Residing Abroad Under Consular Jurisdiction, Edwin D. Dickinson Apr 1919

The Domicil Of Persons Residing Abroad Under Consular Jurisdiction, Edwin D. Dickinson

Articles

THE domicil of persons living under consular jurisdiction in foreign countries presents a problem of unique importance, not only because of the concern which a large number of people have in its proper solution, but also because of its relation to the conception of domicil and to the requisites by which the existence of donricil is to be determined. This problem may be concisely stated in the form of a question as follows: Is it possible for a person residing abroad under consular protection to acquire a domicil of choice in the country of residence? There are no apparent obstacles …

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A New Function For Courts - Declaring The Rights Of Parties, Edson R. Sunderland Jan 1919

A New Function For Courts - Declaring The Rights Of Parties, Edson R. Sunderland

Articles

In a recent opinion of the Supreme Court of the United States Justice Holmes makes this interesting observation:- "The foundation of jurisdiction is physical power, although in civilized times it is not necessary to maintain that power throughout proceedings properly begun." Paraphrased, the statement comes to this: In early times the basis of jurisdiction is the existence and the constant assertion of physical power over the parties to the action, but as civilization advances the mere existence of such power tends to make its exercise less and less essential.

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Boycott - Medical Association, Horace Lafayette Wilgus Jan 1919

Boycott - Medical Association, Horace Lafayette Wilgus

Articles

The opinion of McCardie, J., (without a jury), in Pratt v. British Medical Association (1919), I K. B. 244, (noted in the MICHIGAN LAW REVIEW, June, 1919, p. 704), brilliantly reviewing the English cases, merits a fuller statement of the facts and principles involved than was possible in a short note. The action was by Doctors Burke, Pratt, and Holmes, against the British Medical Association and four of its officers, for damages for conspiracy, slander and libel.

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Enemy Alien Litigants In The English Law, Edwin D. Dickinson Jan 1919

Enemy Alien Litigants In The English Law, Edwin D. Dickinson

Articles

It is said that as a general rule an enemy alien cannot bring an action in the English courts. "And true it is, that an Alien enemie, shall maintaine neither reall nor personall action, Donec terrae fuet' communes, that is untill both Nations be in peace." COKE oN LITTLETON, (2 ed.) L. 2, c. 11, sec. 198. LORD STOWELL'S famous dictum in The Hoop (1799), 1 C. Rob. 196, 200, is regarded as a classical statement of the doctrine: "In the law of almost every country, the character of alien enemy carries with it a disability to sue, or to …

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Implied Condition Involving Impossibility Of Performance, Edson R. Sunderland Jan 1919

Implied Condition Involving Impossibility Of Performance, Edson R. Sunderland

Articles

Early in 1914 the defendants contracted to sell to the plaintiffs a quantity of Finland birch timber. The practice was to send the timber direct by sea from Finnish ports. Before any timber was delivered the war broke out and the presence of German warships in the Baltic made the direct shipment by water impossible. The contract contained no war, force majeure or suspension provision. Held, that the contract was not dissolved, and the defendants were liable for damages for non-delivery of the timber. Blackburn Robbin Co., Lim. v. Allen & Sons, Lim. (1918) 87 L. J. K. B. 1085. …

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Termination Of A Continuing Guaranty, Edgar N. Durfee Jan 1919

Termination Of A Continuing Guaranty, Edgar N. Durfee

Articles

Several persons jointly and severally guaranteed to a bank the present and future obligations of a customer, stipulating that "the bank may grant extensions without lessening the liability" of the guarantors, that "this shall be a continuing guaranty, and shall cover all the liabilities which the customer may incur or come under until the undersigned, or the executors or administrators of the undersigned, shall have given the bank notice in writing to make no further advances on the security of this guaranty," and that "this guaranty shall not be affected by the death of the undersigned." One of the guarantors …

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The Domicil Of Persons Residing Abroad Under Consular Jurisdiction, Edwin D. Dickinson Jan 1919

The Domicil Of Persons Residing Abroad Under Consular Jurisdiction, Edwin D. Dickinson

Articles

The question of domicil under consular jurisdiction was discussed at some length by the present writer in an article which appeared in an earlier number of this review. See 17 MICH. LAW REV. 437-455. When that article was written some much quoted dicta and the decision of the Court of Appeal in Casdagli v. Casdagli, 87 L. J. P. 73, 79, indicated that according to the English rule a domicil of choice could not be acquired under consular jurisdiction. The author ventured to criticise that extraordinary rule from the point of view of the authorities and on principle. With regard …

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Sociological Interpretation Of Law, Joseph H. Drake Jun 1918

Sociological Interpretation Of Law, Joseph H. Drake

Articles

It is not the purpose of this paper to essay a definition of either of the formidable words in the title. The object is rather to call attention away from the metaphysical question, what is law? to the sociological question, how may we best attain justice in the administration of law? and, by the aid of some examples from history and comparative law, to justify as legal and constitutional the sociological method of interpretation. That such justification is necessary is evident from the fact that although the dictum of Mr. Justice. HOLMES in the dissenting opinion in Lochner v. New …

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Contingent Gifts And Incorporation By Reference, John R. Rood Jan 1918

Contingent Gifts And Incorporation By Reference, John R. Rood

Articles

The courts have had great difficulty in reconciling certain contingent gifts with the statutes requiring wills to be in writing duly executed. At first glance there appears no inconsistency, but in practice troubles accumulate.

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Who Is An Alien Enemy?, Edson R. Sunderland Jan 1918

Who Is An Alien Enemy?, Edson R. Sunderland

Articles

One Gustav Muller, a native German, resided in England on May 20th, 1915. He had never been naturalized. He owned a leasehold house in England, and on the date just mentioned he executed a power of attorney to one John White to sell this leasehold house and make proper conveyance of the same. Six days later he was permitted by the British Government to return to Germany, and he started the same day, May 26th. He was known to be in Germany on June 11th, but the date of his arrival was unknown. On June 2 the leasehold was sold …

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Liability Of Corporations For Slander, Horace Lafayette Wilgus Jan 1918

Liability Of Corporations For Slander, Horace Lafayette Wilgus

Articles

S. entrusted by the president and general manager of a corporation with the business of obtaining a settlement from plaintiff for a mistakenly supposed shortage in his accounts with the corporation, falsely orally charged him with embezzlement. This charge was made to R., president of another corporation for which the plaintiff was working at the time, and as a step toward getting a settlement by the plaintiff. On the request for a directed verdict, by the defendant, the legal question was presented whether a corporation is liable for slander spoken by the agent of the corporation in the course of …

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The Statute Of Uses And Active Trusts, Edgar N. Durfee Jan 1918

The Statute Of Uses And Active Trusts, Edgar N. Durfee

Articles

To explain the survival of uses, alias trusts, after the Statute of Uses, one is probably justified in assuming a sympathetic attitude toward this Equitable institution on the part of the Common Law Judges. Maitland, Equity, 29. But, however predisposed the Judges might be, they would have to satisfy themselves, perhaps others as well, that they were interpreting rather than nullifying the Statute. Only such uses could be saved as could be "distinguished." The case of the use raised upon a chattel interest is clear enough, as it was without the letter, and fairly without the mischief, of the Statute. …

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British War Cabinets, John A. Fairlie Jan 1918

British War Cabinets, John A. Fairlie

Michigan Law Review

During the progress of the present world war there has been a remarkable series of developments in the British Cabinet and, ministry, involving not only many changes of personnel but also fundamental alterations in the constitution of the Cabinet and its relations to Parliament. An analysis of these is not only of interest as an important phase of the history of the war, and the evolution of political institutions; but is also of value in dealing with problems and proposals for governmental reorganization in the United States.

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Law Of Blasphemy, Robert Warden Lee Jan 1918

Law Of Blasphemy, Robert Warden Lee

Michigan Law Review

Is Christianity part of the Law of England? It would seem that if it ever was so, it is so no longer. Such at least is the conclusion which Austin's "simple-minded layman" will undoubtedly draw from the recent decision of the House of Lords in Bowman v. The Secular Society, Limited, [1917] A. C. 4o6. The lawyer who recognizes that such phrases as the above can have little or no value in legal science will be more concerned to note the unanimous determination of the final court of appeal in Great Britain in favor of the view of the law …

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Partnership Entity And Tenancy In Partnership: The Struggle For A Definition, Joseph H. Drake Jun 1917

Partnership Entity And Tenancy In Partnership: The Struggle For A Definition, Joseph H. Drake

Articles

PARTNERSHIP is a legal entity formed by the association of two or more persons. This definition of a partnership as a person or entity represents what may be characterized as a generally accepted theory among American jurists at the time of its publication in 1893. But a later definition says: "A partnership is an association of two more persons." "A partner is co-owner with his partners of specific partnership property holding as a tenant in partnership." The second definition shows that the Commissioners on Uniform State Laws have rejected the entity theory and coined a new term to describe partnership …

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Forms Of Anglo Saxon Contracts And Their Sanctions, Robert L. Henry Jr May 1917

Forms Of Anglo Saxon Contracts And Their Sanctions, Robert L. Henry Jr

Michigan Law Review

The several forms of contract will be taken up in the following order: I. the Surety Contract, including (a) the creditor's rights against the debtor, (b) the creditor's rights to sue the surety, and (c) the surety's right of reimbursement; 2. the Warranty Contracts, including (a) warranty of title, and (b) warranty of quality; 3. the Contract of Court Record; 4. the Coitract of Plighted Faith; 5. the Pledge Contract; 6. the' "Delivery-Promise"; 7. the Written Contract; and 8. the "Earnest" Contract.

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Martial Law And The English Constitution, Harold M. Bowman Dec 1916

Martial Law And The English Constitution, Harold M. Bowman

Michigan Law Review

On August 7th, 1914, three days after Great Britain had dedared war, a momentous statute, called the Deference of the Realm Act, was passed through the House of Commons with lightning speed, without a word of protest, in that spirit of decision and confidence which has marked the war measures of this Parliament.

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The Attaint, John M. Zane Dec 1916

The Attaint, John M. Zane

Michigan Law Review

The assize of novel disseisinoriginally lay against the disseisor in possession in favor of the disseisee, and was soon extended to the heir of -the disseisee, but not against the heir or grantee of the disseisor. But the disseisor might be dead or might have conveyed the land, and in such a case the disseisee would be driven to the writ of right with iis delays and chance of battle. But the cases where the defendant had come into possession under a lawful title which was limited in time and had ceased to exist, i.. e., cases where there was …

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The Attaint, John M. Zane Nov 1916

The Attaint, John M. Zane

Michigan Law Review

The practice of attainting a jury was the method by which for centuries the English law corrected an erroneous finding of fact by the body of men who, in course of time, came to be called a jury. Today this necessary corrective of judicial administration is very inadequately performed by the judge or judges presiding over the trial. The proceeding is now called a motion for a new trial. The new trial is inadequate for the reason that it does not, as did the attaint, substitute a correct verdict for the one given. It merely reverses or sets aside the …

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Liability Of A Carrier Under A Bill Of Lading When The Goods Have Not Been Received By The Carrier, H S. Ross Nov 1916

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?

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Reception Of The Roman Law In Germany, Charles Sumner Lbingier May 1916

Reception Of The Roman Law In Germany, Charles Sumner Lbingier

Michigan Law Review

As in other countries. it was the universities which prepared the way for the Reception of Roman Law in Germany. Many of those great institutions which still .lead the world in learning date from about the middle of the thirteenth century, and instruction in foreign law was offered from the beginning. At first the emphasis was placed on the Canon law -but chairs of Roman law were established at Heidelberg in 1387, at Basel in 146o, at Ingolstadt in 1472, at Tfibingen in 1477, at Freiburg in 1479, at Vienna in 1493 and at Greifswald in 1498, and were filled …

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Courts In The Philippines Old New, David Cecil Johnson Feb 1916

Courts In The Philippines Old New, David Cecil Johnson

Michigan Law Review

Administration of justice, involving the settlement of disputes and the punishment of crime, is and always has been a vital function of government; in fact, it might well be said to be the basis of all orderly government. The experiment in government which was begun by the American people when they separated themselves from the domination of England reached a new stage in its development when Admiral Dewey was victorious in Manila Bay on May i, 1898. It is perhaps impossible to determine at this time whether this new stage is to result in an attempt at colonization or in …

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Rule Against Perpetuities As Applied To Options, John R. Rood Jan 1916

Rule Against Perpetuities As Applied To Options, John R. Rood

Articles

Does the rule against perpetuities render unlimited options void? This is a question which the English courts answered affirmatively some thirty-five years ago; new aspects of the question have been frequently presented to those courts since that time, and conclusions not easy to reconcile have been reached. It is believed that the present status of the law in England is that an option is like any other interest in land, void if it may arise at too remote a time, otherwise not. This conclusion is based on the decision in Borland's Trustees v. Steel Bros. & Co. [1901] 1 Ch. …

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Civil Law And The Common Law A World Survey, R W. Lee Dec 1915

Civil Law And The Common Law A World Survey, R W. Lee

Michigan Law Review

In universities and other seats of learning, where men devote themselves to the pursuit of truth, certain great events or movements in the world's history claim attention as essentially and always proper subjects of investigation. Whatever the future may bring, we can hardly suppose a time when the art of Greece, the literature of England, the religions of the East will not be studied. Nor before an assembly of lawyers is it necessary to urge the claims of a great system of law as a subject which may well engage the amplest resources of the human intellect. For many centuries …

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A Comparison Of Some Methods Of Conciliation And Arbitration Of Industrial Disputes, James H. Brewster Jan 1915

A Comparison Of Some Methods Of Conciliation And Arbitration Of Industrial Disputes, James H. Brewster

Articles

In these times when we see combinations of employers co-operating under trade agreements with combinations of employees to conduct immense industries, we are apt to forget the remarkable development of ideas concerning industrial economy that has occurred within a life-time. It was only eighty years ago that the merchants of Boston met to discountenance and check what were then regarded as unlawful combinations of workmen formed to protest against the long work day, low wages, and oppressive rules of their masters. The sum of $20,000 was raised at this meeting of merchants and ship owners to fight the movement for …

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The Inefficiency Of The American Jury, Edson R. Sunderland Jan 1915

The Inefficiency Of The American Jury, Edson R. Sunderland

Articles

What is proposed in the present article is to show that in attempting to preserve the independence of the jury in its exclusive juris- diction over questions of fact, the people and the courts in most American jurisdictions have departed from the common law practice and have introduced a principle calculated to undermine the very institution which they wish to strengthen. That is to say, through the rules prohibiting judges from commenting on the weight of the evidence, juries tend to become irresponsible, verdicts tend to become matters of chance, and the intricacy of procedure, with its cost, delay and …

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Ontario Courts And Procedure, Herbert Harley Apr 1914

Ontario Courts And Procedure, Herbert Harley

Michigan Law Review

I cannot cover this part of the subject better than by quoting literally: "There are two classes of practitioners, barristers and solicitors. A lawyer must belong to one; most belong to both. The barrister alone can conduct a case at trial; the solicitor alone files pleadings."

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Ontario Courts And Procedure, Herbert Harley Mar 1914

Ontario Courts And Procedure, Herbert Harley

Michigan Law Review

The progress made in England under the Judicature Acts of 1873 and 1875, with occasional revisions of procedure, has a deep interest for the American lawyer in search of judicial efficiency. In recent years a number of our lawyers have studied the English courts at first hand and upon their return have spread the news of great accomplishments in the home of the common law. These enthusiastic reports have been subjected to incisive criticism, so that controversy has arisen, and it has been difficult to determine to what extent inference from undoubted facts would apply to our own unsettled conditions. …

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