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Articles 2251 - 2280 of 2298
Full-Text Articles in Constitutional Law
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Administrators--Right to Convey Inchoate Homestead; Agency--Scope of Authority--Sunday Contract; Assignment for the Benefit of Creditors--Action to set Aside; Bankruptcy--Discharge--Debt Created in Fiduciary Relation--Laundry Agent; Bills and Notes--Banks--Payment of Draft to Impost--Liability to Drawer; Chattel Mortgages-Validity--Mortgagor's Possession and Power of Sale in Ordinary Course of Business; Constitutional Law--Due Process at Law--Forfeiture of Lands for Failure to Pay Taxes; Constitutional Law--Local Option Law--Use of Liquors in Religious Worship--Discrimination; Contract for the Benefit of Third Persons--Enforcement by Beneficiary--Assignment; Corporations--Oral Subscription to Stock--Statute of Frauds; Corporations--Promissory Notes--Proof of Execution; Courts--Jurisdiction of State Court to Enjoin a Receiver Appointed by Federal Court; Damages--Automobiles--Frightening Horses--Excessive Speed; …
A National Incorporation Law, Horace L. Wilgus
A National Incorporation Law, Horace L. Wilgus
Books
Horace L. Wilgus argues that corporations need to be regulated on the national level.
A Proposed National Incorporation Law, Horace Lafayette Wilgus
A Proposed National Incorporation Law, Horace Lafayette Wilgus
Articles
In an article in the February number of this magazine' the writer discussed the nee& of a national incorporation law. The following is proposed as such; its object is to set forth what, perhaps, may be possible under such a law; what some will think necessary or desirable; what some will think unnecessary and undesirable; and what others will undoubtedly think is all wrong, if not vicious.
Need Of A National Incorporation Law, Horace Lafayette Wilgus
Need Of A National Incorporation Law, Horace Lafayette Wilgus
Articles
When the report of the Committee on Uniformity of Iegislation was submitted to the last American Bar Association, and consideration of the legal problems growing out of modem commercial combinations, was urged as a matter proper for discussion and action by that association, it was gravely argued by distinguished lawyers present that there was no legal problem to be solved.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Acknowledgment--Who May Take--Stockholder; Agency--Notice to Agent--Liability of Principal; Carriers--Express Messengers--Contracts Exempting from Liability--Validity--Public Policy; Carriers of Passengers--Elevators--Negligence--Degree of Care; Code Pleading--Allegation of Duty; Conflict of Laws--Wills--Execution of Power; Constitutional Law--Liberty--Police Power--Use of Trading Stamps; Corporations--Legaility of Voting Trust--Power to Revoke Authority; Covenants--Benefits and Burdens--Privity of Estate; Damages--Breach of Contract--Mental Suffering; Damages--Breach of Contract--Mental Suffering; Damages--Pleading--Special Injury--Admissibility of Evidence; Elections--Right of Board of Aldermen to Judge of Election of its own Members--Construction of Charter; Equity--Mortgages--Redemption by Co-Tenant--Improvements--rents and Profits--Executors' and Administrators' Liability for Unpaid Claims; Evidence--Competency--Wife's Testifying Against Husband--Mock Marriage; Insolvency--Partnership--Secured Creditors--Mortgage on Exempt Property--Mortgage on Property of Individual Partner; Insurance--Benefit …
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
The Law School; the Mostly Edicuation Commission; Penal Statute--"medical Attendance"--Devine Healing--Constitutional Law; Validity of a Note Given to an Unlicensed Practitioner of Medicine for Medical Services When the Note has Passed Before it is Due to a Bona Fide Purchaser for Value and Without Notice; Parties--Joining Representative of Deceased Joint Obligor--Survivors; Code Pleading--Amendment--Forms of Action; Conflict of Laws--Public Policy--Agreement ot Stifle Prosecution;
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Acknowledgement--Who May Take--Competency Affected by Interest; Acknowledgement of Mortgage before Stockholder in Mortgage Corporation--Stockholder as Witness; Agency--Distinguished from Trust; Agency or Service--Telegraph Companies--Knowledge of Operator; Carrier--Refusal of Passenger to Pay Extra Fare--Assault by Conductor on Passenger While Enforcing the Company's Rules; Constitutional Law--Free Speech--Distribution of Circulars; Constitutional Law--Master and Servant--Weekly Payment of Wages; Constitutional Law--Municipal Corporations--Minimum Wage Law; Corporations--Partnership with an Individual; Corporations--Ultra Vires--Replevin Undertaking; Deed--Consideration--Bona Fide Purchaser; Eminent Domain--Appropriation of Railroad Property--compensation; Fraudulent Conveyances--Fraud on Creditors--Withholding Mortgage from Record; Fraudulent Conveyances--Loan by Wife to Husband; Garnishment--Rolling Stock--Rights of Garnishee; Guardian and Ward--Testamentary Guardian; Insurance--Pleading--Waiver--Failure of Notice and Proof--General and …
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
The Law School-Changes in the Faculty--Readjustment of Courses of Study; Sir Frederick Pollock's Visit to Michigan; The Second Lecture--The Scales of Justice; The Development of Criminal Law; The Law of Reason; Corporations--railroads--Stockholding Corporations--Combinations in Restraint of Trade and Commerce--consolidation of Parallel and Competing Lines; Constitutional law--Classification--Limit of Judicial Construction;
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Agency--Authority to Appoint Sub-Agents; Agency--right to Compensation; Bankruptcy--Discharge; Bankruptcy--Discharge; Banks and Banking--Crediting Depositor--Check of Another Depositor; Conflict of Laws--Legitimation of a Bastard--Status Fixed by Domicile of his Parents; Conflict of Laws--Lex Loci Fori--Right of Action in England for Acts in Foreign Country--Territorial Waters; Constitutional Law--Summary Sale of Trespassing Animals; Contract--Public Policy--General Restraint of Trade; Contract--Validity--Release of Employer for Liability to next of Kin for Injury to Employee; Elections--Right of a Party Committee to Question Eligibility of a Candidate; Fraudulent Conveyances--Contingent Fees; Insurance--Condition for Immediate Notice--Excuse; Married Women--Power to Enter into Partnership with Husband--Set off of Debt Due by Partner in …
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
Constitutional Law--Compelling one to be a Witness Against Himself--Comparing Defendant's Shoe with Footprints; Rights in Inventions as Between Employer and Employee; Constitutional Law--Power of Legislature to Prescribe Rules of Evidence--Making Conveyance by Person Indebted Prima Facie Evidence of Intent to Defraud Creditors; Decorum of Attorney in Argument--Propriety of Appeals to the Pathetic or Sentimental; Liability of United States for Injury from Elevator in its Public Buildings--Implied Contract to Operate Safely--Case "Sounding in Tort"; Statutes Regulating the Practice of Medicine--Osteopathy; Precedents
Latest Development Of The Interstate Commerce Power, Edward B. Whitney
Latest Development Of The Interstate Commerce Power, Edward B. Whitney
Michigan Law Review
The litigation under the anti-lottery act of 1895, has for the first time raised the important constitutional question whether congress, under its general power to regulate interstate commerce, can select any particular article and exclude it from interstate commerce altogether-whether the power to regulate involves the power to prohibit. For nearly a century after the foundation of the government no attempt was made by congress to restrict interstate commerce by excluding any article therefrom. Quarantine legislation, however, opened the way, and the anti-lottery act sharply raised the question of power. Lottery tickets in the earliest days of the republic were …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Agency--Action by Undisclosed Principal; Agency--Authority to Sell Land--Notice of Revocation by Record; Agency--Good Faith--Commissions; Bankruptcy--Intent of Insolvent; Carriers--Damages for Loss of Market--Carriage of Goods Destined for Enegies--Seizure of Ships; Constitutional Law--Cigarettes--Original Package; Constitutional Law--Municipal Corporations--Validity of Ordinance Requiring Union Label; Constitutional Law--Vested Rights--Alimony; Contract--Rescission as Affecting Rights of a Stranger to the Consideration; Contract--Public Policy--Agreement to ASsist Attorney to Secure Clients; Courts--contempt--Publication of Evidence in Newspapers; Criminal law--burglary--Sufficient Breaking; Criminal Law--Embezzlement; Damages--Exemplary--Parol License--Revocable--Trespass; Damages--Reversing Judgment for Defendant in Order to Give Plaintiff Nominal Damages; Deeds--Grantees--Constructions; Deeds--Reservation--Construction--Extent of Property; Deeds--Reservation--effectin Equity--Implied Trust; Fraudulent Conveyance--Who are Creditors--claimant in Tort Action; Highways--Street Car …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Agency--Nature of Relation--Distinguished from Lease; Bankruptcy--discharge--Judgment Recovered for Alienation of Affections; Banks and Banking--Savings Banks--Pass Books--Payment to Wrong Party--By-Law; Carriers--Passenger Ejected at Wrong Place--Sickness Caused by Act of Carrier; Conflict of Laws--foreign Trustees--Right to Sue; Constitutional Law--Insterstate Commerce--Tax on a Delivering Agent; contracts--Labor Union--Inducing Employer to Break Contracts; Contracts--Validity of Insurance--Property of Alien Enemy--Public Policy; Corporation--Service of Process on Agent; Descent and Distribution--To Illegitimates on the Part of their Mother; Evidence--Defective Sidewalk--Jury--Magnifying Glass; Executors and Administrators--Enforcement of Claims--Limitations; Fraudulent Conveyances--Creditor's Right to Subject Wife's Property to Payment for Improvements Made Thereon by Husband; Fraudulent Conveyances--Personal Liability of Wife for Property …
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
Bible Reading in the Public Schools; Telegraph Company as Agent of the Sender of a Message; Constitutional Law--Municipal Fuel Plants; Exemption--Laborer's Wages; Executors and Administrators--Statute of Limitations--Actions in Federal Courts
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
Elections--vote of Idiot or Insane Person--Ascertaining How He Voted; "Meander Lines"--When They Should be Taken as boundaries, Rather Than the Water Line; Larcenty--Animals Ferae Nature--fish in Net; Constitutional Law--Compelling One to be a Witness Against Himself by compelling Him to Exhibit His Person for the Purpose of Procuring Evidence Against Him; Attachment Judgments--Allias Executions--Abandonment;
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Administrator--Debt Due From Him to the Estate--Effect of Administrator's Insolvency; Agency--Action by Undisclosed Principal--Abstractoer's Liability; Agency--Liability for Acting Without Authority; Agency--duty to Exercise Good Faith--Commissions; Bankruptcy--Preferences; Banks and Banking--Subagent--Collection; Conflict of Laws--Married Women--Note made in One State but Payable in Another, and Action Brought in the Third; Constitutional Law--bill of lading--Conclusive Evidence; Constitutional law--Eminent Domain--Right to Compensation Before Entry; Constitutional Law--Legislative Control of Municipal Contracts--Eight Hour Law; Constitutional Law--Privileges and Innumities of citizens--Statute Authorizing Personal Judgment on Constructive Service; Corporations--Notice to Corporators; Court--disturbance--Power to Prevent; Criminal Law--Commencement of Term of Imprisonment; Criminal Law--Depriving of Necessary Sustenance--Medicine; Deeds--Covenants that Run witht …
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
Elections--vote of Idiot or Insane Person--Ascertaining How He Voted; "Meander Lines"--When They Should be Taken as boundaries, Rather Than the Water Line; Larcenty--Animals Ferae Nature--fish in Net; Constitutional Law--Compelling One to be a Witness Against Himself by compelling Him to Exhibit His Person for the Purpose of Procuring Evidence Against Him; Attachment Judgments--Allias Executions--Abandonment;
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Administrator--Debt Due From Him to the Estate--Effect of Administrator's Insolvency; Agency--Action by Undisclosed Principal--Abstractoer's Liability; Agency--Liability for Acting Without Authority; Agency--duty to Exercise Good Faith--Commissions; Bankruptcy--Preferences; Banks and Banking--Subagent--Collection; Conflict of Laws--Married Women--Note made in One State but Payable in Another, and Action Brought in the Third; Constitutional Law--bill of lading--Conclusive Evidence; Constitutional law--Eminent Domain--Right to Compensation Before Entry; Constitutional Law--Legislative Control of Municipal Contracts--Eight Hour Law; Constitutional Law--Privileges and Innumities of citizens--Statute Authorizing Personal Judgment on Constructive Service; Corporations--Notice to Corporators; Court--disturbance--Power to Prevent; Criminal Law--Commencement of Term of Imprisonment; Criminal Law--Depriving of Necessary Sustenance--Medicine; Deeds--Covenants that Run witht …
Privileges And Immunities Of Citizens In The Several States. Ii., W. J. Meyers
Privileges And Immunities Of Citizens In The Several States. Ii., W. J. Meyers
Michigan Law Review
Turning now to the Posilive side of the question, the cases show that the "privileges and immunities of citizens of a state" do include:- 1. The rizght of free ingress and egress. Dicta to this effect are found in almost every case in which the equal privileges clause" of the constitution is discussed, beginning with Corfield v. Coryell,I and coming down to and including Blake v. McClung,' the last great case upon the clause in question.3 The only case directly in point seems to be Smith v. Moody., Smith was a negro, born free within the state of Ohio, and …
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
Anti-Trust Act--discrimination in Favor of certain Classes--Exemption of Labor Organization; Preferences Arising from Trust Relations; Constitutional Law--Liberty of Contract--Due Process of Law--Equality of Rights; Constitution Law--Equality of Protection;
Privileges And Immunities Of Citizens In The Several States, W. J. Meyers
Privileges And Immunities Of Citizens In The Several States, W. J. Meyers
Michigan Law Review
The Federal Constitution, Art. IV., § 2, cl. 1, declares that "The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states." Of this clause Alexander Hamilton wrote: "It may be esteemed the basis of the Union"; and more than seventy years after it had gone into effect, Judge Denio said of it, in deciding the great case of Lemmon v. People, "No provision has tended so strongly to constitute the citizens of the United States one people as this." It is the purpose of this inquiry to ascertain what are the …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Agency--Liability of Principal for Money coming into his Possession as Proceeds of Wrongful Sale of His Property by his Agent to Plaintiff; Appeal--Effect upon Power of Lower Court ot Modify Judgement Appealed From; Attorney and Client--Attorney's Lien--Priority; Carriers--tort--Ejection of Passengers--Exemplary Damages; Constitutional Law--Judgment--Full Faith and Credit--Statute of Limitations; Constitutional Law--classification of Cities--Special Acts Conferring Corporate Powers; Corporation--Sinsolvent--Preferring Creditors; Damages--Evidence of Pecuniary Condition; Damages--Exemplary Damages for Gross negligence or Where Actual Loss Purely Nominal; damages--General and Special--Pleading; Deed--Acknowledgment; elections--Ballots--Rights of Nominee to have his Name Appear More than Once Upon the Ballot; Equitable Interests--Assignability; Evidence--X-Ray Pictures; Fraud--Misrepresentation by Cashire of Bank; …
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
Statutes Regulating the Practice of Medicine--Osteopathy; Agency--Liability of Agent for Non-Feasance; Constitutional Law--Bible Reading in the Public Schools; Garnishment--Liability of Garnishee--Joint Demand--Illegality--Contingency; Agency--Ratification--Necessity that the Person Acting should have Professed to Act as Agent
A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley, Victor H. Lane
A Treatise On The Constitutional Limitations Which Rest Upon The Legislative Power Of The States Of The American Union, Thomas M. Cooley, Victor H. Lane
Books
“At the request of the late Judge Cooley I have undertaken the preparation of this edition of the Constitutional Limitations. It seemed desirable, in view of all the circumstances, that the text of the last edition should stand as the text for this, and the work of the present editor has been confined to the bringing of the book down to date, by the addition of such matter to the notes as will fairly present the development of this branch of the law since the publication of the last edition.” --Preface to the Seventh Edition, Victor H. Lane, Ann Arbor, …
Power To Appoint To Office--Its Location And Limits, Floyd R. Mechem
Power To Appoint To Office--Its Location And Limits, Floyd R. Mechem
Articles
At no other time in the judicial history of this country, if the evidence of the reported cases is to be relied upon, have there been so many and so bitter contests over all of the questions growing out of the title to public offices, as during the last ten or twelve years. This is undoubtedly largely accounted for by the fact that within that period a large number of the states have put in operation radically changed methods of conducting elections, based upon or practically incorporating what is popularly known as the Australian ballot system. In making these changes, …
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
Constitutional Law--Unlawful Delegation of Legislative Power; Fraudulent Conveyances--Estoppel Against Married Woman; Ackknowledgment Taken and Certified by a Stockholder of Corporation Mortgage or Grantee; Constitutional Law--Power of the Legislature to Abridge the Authority of Courts to Punish for Contempt; Special Assessments--right of Taxpayer to Defent Upon the Ground that IMprovements were not Properly Made; Judgements--Estoppel to Maintain Subsequent Action for Different Cause; Anti-Trist Act--Discrimination in Favor of Certain Classes; Courts--Conflict of Jurisdiction--Creditor's Bill; Garnishment--Possession to Charge Garnishee; Judgements--Satisfaction by Levy; Jugements--Execution Sales--Right of Defendant on Reversal
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Agency--Liability of Pincipal for Unknown Deceit of Agent; Action--Splitting Causes of--Injury to Person and Property; Attorney and Client--Jurisdiction of Equity over; Banks and Banking--Cashier--Notice; Carriers--Limiting Liability--Effect of Limitation in Case of Delivery After Notice to Stop in Transit; Carriers--Tort--Ejection of Passenger for Failure to Produce Ticket; Confict of Laws--Bona Vacatia--Rigth of Succession--"Mobilia Sequuntur Personam"; Conflict of Laws--Italian marriage--Deceased Husband's Brother; Conflict of Law--Equal Protection--Refusing Barbar's License to an Alien; Constitutional Law--Equal Protection--Requiring Examination of Graduate of Medical School of other States; Constitutional Law--Insurance Companies---Equal Protection of the Laws; Constitutional Law--Vested Right of Defense--Deprivation of Property Rights; Contract--Performance--Legal Holiday; Contract--Public Policy--Sale …
Local Self-Government, So Called, As It Is Found In The Constitution Of Michigan, Otto Kirchner
Local Self-Government, So Called, As It Is Found In The Constitution Of Michigan, Otto Kirchner
Articles
It is not my purpose to enter upon a detailed examination of municipal government as it now exists, but to confine myself to the consideration of some of the constitutional limitations that rest upon the legislative power to deal with the matter.
A Suggestion Concerning The Law Of Inter-State Extradition, Edwin F. Conely
A Suggestion Concerning The Law Of Inter-State Extradition, Edwin F. Conely
Articles
While yet the nation was forming-indeed as early as 1643-the impolicy of the colonies' suffering themselves to become asylums for criminal refugees was seen and appreciated by the public men of the time. But, though continued efforts were made in the right direction and much was accomplished, the rendition of fugitives from justice remained, either legally or practically, a matter of comity for nearly a century and a half, or until the adoption of the Constitution of the United States. Then, made mandatory by the organic law of the Nation, inter-state extradition ceased to be subject to State control or …
How May Presidential Electors Be Appointed?, Bradley M. Thompson
How May Presidential Electors Be Appointed?, Bradley M. Thompson
Articles
For more than half a century presidential electors have been chosen upon a general ticket in all the states. This was not the uniform practice at first. Judge Cooley in the last number of the JOU11NAL makes it clear that at least four different methods were at first adopted, one of them, the "district system," being that selected by the last legislature of Michigan. Following Judge Cooley's article is one by Gen. B. M. Cutcheon attacking this system on two grounds: First, that it is in conflict with the Constitution of the United States; and, secondly, that it is mischievous …