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Articles 451 - 480 of 684
Full-Text Articles in Legal History
Woe Unto You Trade-Mark Owners, Julius R. Lunsford, Jr.
Woe Unto You Trade-Mark Owners, Julius R. Lunsford, Jr.
Michigan Law Review
THE new Trade-Mark Act,1 widely heralded as giving added protection to trade-mark owners, has in its nearly four years of operation resulted, in several spectacular instances, in narrowing the rights conferred by the registration and use of trade-marks. Text author Rudolph Callmann remarked after the act's first birthday: "Despite all the efforts of the bar, our courts still cling to the familiar anachronisms."2 Where do trade-mark owners stand today? The Supreme Court has to date failed to answer this question, and the federal courts have refused to consider the import of the new legislation. Many commentators, attorneys and scholars thought …
Separation Of Powers Revisited, Reginald Parker
Separation Of Powers Revisited, Reginald Parker
Michigan Law Review
Since administrative law is law that governs, and is applied by, the executive branch of government, it is necessarily as old as that branch. As long as executive and judiciary were one and the same and the king at the head of both, all of the law was in fact "administrative" though the term was not used. When, however, out of the amorphous mass of the legal order a fixed body of law courts began to emerge with jurisdiction over the most important legal problems, the term "administrative law," had it been used, would have acquired a specific meaning. Property, …
Limitations And The Federal Courts, William Wirt Blume, B. J. George Jr.
Limitations And The Federal Courts, William Wirt Blume, B. J. George Jr.
Michigan Law Review
Though as a practical matter it is difficult to secure passage of uniform legislation in all states, particularly when the subject matter has so long been considered as of local interest only, the need for such legislation in the case of the statute of limitations seems clear. To the extent that such a statute is adopted, the problem of varying limitation periods upon particular causes of action and similar causes of action will be removed. Only by a uniform state treatment of the problem will the conflict among federal districts resulting from the uniformity of result requirement of Erie Railroad …
Smith: Labor Law: Cases And Materials, Harry Shulman
Smith: Labor Law: Cases And Materials, Harry Shulman
Michigan Law Review
A Review of LABOR LAW: CASES AND MATERIALS. By Russell A. Smith.
Realization Of Income Through Cancellations, Modifications, And Bargain Purchases Of Indebtedness: I, L. Hart Wright
Realization Of Income Through Cancellations, Modifications, And Bargain Purchases Of Indebtedness: I, L. Hart Wright
Michigan Law Review
Treasury regulations bearing on the tax consequence of a cancellation, modification, or bargain purchase of one's outstanding indebtedness date back to those issued in connection with the Revenue Act of 1918. Thirteen years elapsed after their issuance before the Supreme Court in 1931 finally approved, at least with respect to the bargain purchase with which it was concerned, the principal which the regulations incorporated, namely, that the savings effected by such debtors could, as a constitutional as well as a statutory matter, involve the realization of taxable income. Competing interpretations of that decision, the government insisting on a sweeping application …
Military Habeas Corpus: I, Seymour W. Wurfel
Military Habeas Corpus: I, Seymour W. Wurfel
Michigan Law Review
The mobilization of over twelve million persons into the armed forces in World War II made necessary a vastly expanded resort to court martial proceedings to enforce the criminal law. The trial by military tribunals of civilian employees of the military establishment in overseas areas and of prisoners of war and war crimes defendants added substantially to the number confined by military authority. On January 31, 1950, there remained in federal penal institutions 2508 prisoners serving civilian type felony sentences imposed by military tribunals. Before World War II, legal problems arising from attempts to invoke the remedy of habeas corpus …
Citizenship-Intent Required For Expatriation, Willis B. Snell S. Ed.
Citizenship-Intent Required For Expatriation, Willis B. Snell S. Ed.
Michigan Law Review
In recent years, many cases have involved the question whether an American citizen has expatriated himself by his actions. Expatriation in the United States is now covered by statute, but the courts, in construing these statutes, have faced a recurrent problem as to what intent on the part of the citizen is required to effect expatriation. To interpret the present doctrine, it is necessary to examine the history of expatriation, the statutes, and the various situations in which the question of intent has arisen.
Powell: Real Property, Allan F. Smith
Powell: Real Property, Allan F. Smith
Michigan Law Review
A Review of REAL PROPERTY. Vol. 1. By Richard R. Powell.
Bowen: John Adams And The American Revolution, Michigan Law Review
Bowen: John Adams And The American Revolution, Michigan Law Review
Michigan Law Review
A Review of JOHN ADAMS AND THE AMERICAN REVOLUTION. By Catherine Drinker Bowen.
De Toledano And Lasky: Seeds Of Treason, Michigan Law Review
De Toledano And Lasky: Seeds Of Treason, Michigan Law Review
Michigan Law Review
A Review of SEEDS OF TREASON. By Ralph de Toledano and Victor Lasky.
Origin And Development Of The Directed Verdict, William Wirt Blume
Origin And Development Of The Directed Verdict, William Wirt Blume
Michigan Law Review
Recent decisions of the Supreme Court of the United States have aroused a new interest in the familiar motion for a directed verdict. In this discussion the writer will undertake a brief examination of the antecedents of the motion, and then will trace its short but significant history.
The Privy Council And Private Law In The Tudor And Stuart Period: Ii, John P. Dawson
The Privy Council And Private Law In The Tudor And Stuart Period: Ii, John P. Dawson
Michigan Law Review
In a previous instalment an attempt was made to describe the main subjects of private litigation dealt with by the English Privy Council under the Tudors and early Stuarts. It was suggested that the subjects were most heterogeneous and that the total volume of such litigation was large. In the present instalment will be discussed, first, the methods used to reduce the volume of private litigation by direct and indirect means; then the powers of coercion possessed by the Privy Council; and finally, its relations to the ordinary courts.
The Privy Council And Private Law In The Tudor And Stuart Periods: I, John P. Dawson
The Privy Council And Private Law In The Tudor And Stuart Periods: I, John P. Dawson
Michigan Law Review
It has been often said that the sixteenth and early seventeenth centuries in England were pre-eminently the age of conciliar government. The activities of the Tudor Privy Council extended into every phase of national life and were responsible, more than any other single factor, for the effective organization of an English national state. These activities continued under the first two Stuarts, with no break in institutional development, though they widened the gulf between Crown and people and hastened a revolution.
Wormser: The Law, Michigan Law Review
Wormser: The Law, Michigan Law Review
Michigan Law Review
a Review of THE LAW By Rene A. Wormser.
Keeney: Judgment By Peers, Michigan Law Review
Keeney: Judgment By Peers, Michigan Law Review
Michigan Law Review
A Review of JUDGMENT BY PEERS. By Barnaby C. Keeney.
The Law School 1949-50, E. Blythe Stason
The Law School 1949-50, E. Blythe Stason
Michigan Law Review
Notwithstanding the fact that the peak of postwar veterans' enrollment is supposed to have subsided, the 1949-50 enrollment in the Law School remains substantially the same as it has been during the past several years. Last year we recorded a total of 1057 students; this year the figure is 1030. The beginning class of 409 students, together with 273 second-year and 328 third-year students, to which must be added 20 graduate students, all add up to the total, 1030. Thirty-three of the total are women, the largest women's enrollment ever recorded in the School. The group of 20 graduate students …
Place Of Trial Of Civil Cases, William Wirt Blume
Place Of Trial Of Civil Cases, William Wirt Blume
Michigan Law Review
Places involved in a study of place of trial may be classified in various ways. The most general classification is: (1) Places within one sovereignty, (2) Places in different sovereignties. Where there is choice of place within one sovereignty, the only rational basis for making the choice is convenience-convenience of the parties, jurors, witnesses, and of the court itself. The same is true when the choice is between courts of different sovereignties, but without cooperation between the sovereignties rational choice may not be possible. The purpose of this discussion is to compare choice of place in England before 1800 with …
Administrative Terminology And The Administrative Procedure Act, Bernard Schwartz
Administrative Terminology And The Administrative Procedure Act, Bernard Schwartz
Michigan Law Review
The confusion of terminology in our administrative law is a natural result of the manner in which that branch of law has developed. "The use of terms in administrative law exemplifies its most characteristic element-that it did not spring from a single source but has its roots in many places." The administrative process has not evolved according to a fixed plan; "thus far our Administrative Law has largely 'growed' like Topsy." With the haphazard habit characteristic of our political life, individual administrative agencies have been created as and when the need for them arose, without any logical system. The form …
Coming Into Equity With Clean Hands, Zechariah Chafee, Jr.
Coming Into Equity With Clean Hands, Zechariah Chafee, Jr.
Michigan Law Review
The most amusing maxim of equity is "He who comes into Equity must come with clean hands." It has given rise ,to many interesting cases and poor jokes. The maxim has been regarded as an especially significant manifestation of the ethical attitude of equity as contrasted with the common law. Pomeroy, for instance, argues that the principle involved in this maxim is "merely the expression of one of the elementary and fundamental conceptions of equity jurisprudence." Pomeroy's theory is that chancery has power to force a defendant to comply with the dictates of conscience as to matters outside the strict …
Trustor As Sole Trustee And Only Ascertainable Beneficiary, William F. Fratche
Trustor As Sole Trustee And Only Ascertainable Beneficiary, William F. Fratche
Michigan Law Review
The Circuit Court of Appeals for the Eighth Circuit, one judge dissenting, affirmed a decision of the Board of Tax Appeals holding that a profit arising from sale of the stock was taxable to the settlor individually because the declaration did not create a trust. The majority opinion argued that, although a trust may be created solely for the benefit of unborn or unascertained beneficiaries by a transfer to a third party as trustee, it cannot be done by a declaration of trust. The opinion suggested that a transfer in trust for unborn or unascertained beneficiaries creates only a resulting …
Thompson: Magna Carta, Its Role In The Making Of The English Constitution, 1300-1629., Michigan Law Review
Thompson: Magna Carta, Its Role In The Making Of The English Constitution, 1300-1629., Michigan Law Review
Michigan Law Review
A Review of MAGNA CARTA, Its Role in the Making of the English Constitution, 1300-1629. By Faith Thompson.
The Presidential Succession Act Of I947, Ruth C. Silva
The Presidential Succession Act Of I947, Ruth C. Silva
Michigan Law Review
The Constitution of the United States empowers the Congress to designate what officer shall act as President in case of the death, resignation, removal, or inability of both the President and Vice President. Recently the Eightieth Congress passed a statute under this grant of power. Although the new succession act is frequently alleged to be unconstitutional, it is similar to the first succession law enacted by the Second Congress, which contained many of the men who framed the Constitution and voted for its ratification. The law of 1792 provided that the President pro tempore of the Senate or, if the …
Mr. Justice William Johnson, Jurist In Limine: Dissent And The Judging Faculty, A. J. Levin
Mr. Justice William Johnson, Jurist In Limine: Dissent And The Judging Faculty, A. J. Levin
Michigan Law Review
There is little more in the legal literature on the subject of dissent than, on the one hand, the feeling that somehow it helps to present more than one side of a question and, on the other, that dissent is confusing and unsettling, and, therefore to be avoided. The part that dissent has played in preventing "history" from becoming the routine repetition of events, the function it fulfills in saving mankind from a mechanical adherence to an authoritarian concept of society, the psychodynamic need of the individual for self-expression-particularly evident in democratic societies-these and other related approaches have had not …
Murphy: Conservation Of Oil And Gas, A Legal History-1948, Michigan Law Review
Murphy: Conservation Of Oil And Gas, A Legal History-1948, Michigan Law Review
Michigan Law Review
A Review of CONSERVATION OF OIL AND GAS, A LEGAL HISTORY-1948. Edited by Blakely M. Murphy.
Schlesinger: Paths To The Present, Michigan Law Review
Schlesinger: Paths To The Present, Michigan Law Review
Michigan Law Review
A Review of PATHS TO THE PRESENT. By Arthur M. Schlesinger.
Mccormick: Understanding The Securities Act And The S.E.C., Michigan Law Review
Mccormick: Understanding The Securities Act And The S.E.C., Michigan Law Review
Michigan Law Review
A Review of UNDERSTANDING THE SECURITIES ACT AND THE S.E.C. By Edward T. McCormick.
The Law School 1948-1949, E. Blythe Stason
The Law School 1948-1949, E. Blythe Stason
Michigan Law Review
Oversized enrollment again characterizes the student body of the University of Michigan Law School for the year 1948-49. Somewhat reduced from last year's record of 1107 prospective lawyers, this year the William W. Cook Law Quadrangle is accommodating 1057 future members of the bar. The beginning class of 426 students, together with 279 second year students, 339 seniors, 10 candidates for the graduate degrees, and 3 special students all add up to 1057 total. In the total are included 24 future Portias of the bar. These figures should be compared and contrasted with pre-war enrollments approximating 600-650 students. The demand …
Joughin And Morgan: The Legacy Of Sacco And Vanzetti, Michigan Law Review
Joughin And Morgan: The Legacy Of Sacco And Vanzetti, Michigan Law Review
Michigan Law Review
A Review of THE LEGACY OF SACCO AND VANZETTI. By G. Louis Joughin and Edmund M. Morgan.
Pritchett: The Roosevelt Court, Michigan Law Review
Pritchett: The Roosevelt Court, Michigan Law Review
Michigan Law Review
A Review of THE ROOSEVELT COURT. By C. Herman Pritchett.
White: The Federalists, Michigan Law Review
White: The Federalists, Michigan Law Review
Michigan Law Review
A Review of THE FEDERALISTS. By Leonard D. White.