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Articles 241 - 250 of 250
Full-Text Articles in Legal Remedies
Latin-American Land Reform: The Uses Of Confiscation, Kenneth L. Karst
Latin-American Land Reform: The Uses Of Confiscation, Kenneth L. Karst
Michigan Law Review
This article examines the legislative techniques for taking land, showing their confiscatory operation. For many lawyers, the analysis would then be easily completed: confiscation is wrongful and must be condemned. Rejecting the implicit absolutism of that conclusion, this article inquires into the justifications that can be pleaded on behalf of selective confiscation as an aid in solving some of Latin America's economic and social ills.
Soviet Tort Law: The New Principles Annotated, Whitmore Gray
Soviet Tort Law: The New Principles Annotated, Whitmore Gray
Articles
In 1961, the federal legislature, the USSR Supreme Soviet, finally adopted a skeleton code of fundamental principles of civil law.10 This recodification, which incorporates 40 years of case law and doctrinal development as well as some major innovations, will be the basis for individual civil codes to be adopted in each of the 15 union republics. While there may be some slight modifications, and certainly some variety in the degree of additional detail included in the individual codes by each republic,11 these Principles present already a fairly comprehensive picture of the shape of the future law. They are about as …
The Foreign Claims Settlement Commission: Its Functions And Jurisdiction, Edward D. Re
The Foreign Claims Settlement Commission: Its Functions And Jurisdiction, Edward D. Re
Michigan Law Review
Even the casual student of nationalizations and confiscations must be aware of the fact that whereas nationalizations were formerly isolated occurrences, they have today become matters of almost common practice. The Mexican expropriations, the Soviet nationalizations, and the Iranian nationalization of the Anglo-Iranian Oil Company are in modern times merely landmarks of an apparently ever-widening path. A reading of the daily newspapers has offered adequate warning to the American investor abroad that no part of the world has been immune from this phenomenon. Whether under the label of "agrarian reform" or "socialization," these nationalizations are of the greatest importance, and, …
The Lex Fori - Basic Rule In The Conflict Of Laws, Albert A. Ehrenzweig
The Lex Fori - Basic Rule In The Conflict Of Laws, Albert A. Ehrenzweig
Michigan Law Review
The following summary of this thesis will show its essential connection with the progressing reform of the law of jurisdiction.
Specific Performance In France And Germany, John P. Dawson
Specific Performance In France And Germany, John P. Dawson
Michigan Law Review
Edgar Durfee studied long and closely the subject of specific performance. He taught it for many years, wrote about it and planned to ·write more. He conceived it broadly, as he did every subject that ever had his attention, but he had a lively interest in details, including very technical details. Long before others and much more than most, he saw the importance of our remedial system both in shaping law and as a reflection of its larger purposes. All those who learned from him will remember as long as memory lasts the insight he gave and the hidden meanings …
Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva
Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
A New Function For Courts - Declaring The Rights Of Parties, Edson R. Sunderland
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.
Boycott - Medical Association, Horace Lafayette Wilgus
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.
The Rule Of Certainty In Damage And The Value Of A Chance, Joseph H. Drake
The Rule Of Certainty In Damage And The Value Of A Chance, Joseph H. Drake
Articles
AIthough our text-books say that the rule of certainty is "more fundamental than any rule of compensation because compensation is allowed or disallowed subject to it," (cf. SEDGWICK, EL. or DAMAGES, p. 12) nevertheless the tendency of the courts seems to be to save the equitable principle of compensation at the expense of certainty. A striking illustration of this is found in a recent case in the Court of Appeal, Chaplin v. Hicks, C. A. [1911] 2 K. B. 786. The defendant, a theatrical manager, agreed to give positions as actresses to persons chosen by the votes of the readers …
Contracts Of Sale Of Merchandise--Fraud On The Vendor, Levi T. Griffin
Contracts Of Sale Of Merchandise--Fraud On The Vendor, Levi T. Griffin
Articles
This is an interesting topic to every jobbing house, and to every attorney concerned with mercantile collections. The law is pretty well settled on the general subject and the Treatises on Sales are plentiful. Among the best is that of Mr. Benjamin. Tiffany on Sales of the Hornbrook Series recently issued assumes also to state briefly the principles which control in these cases. At large commercial and metropolitan points, and among lawyers who have occasion to often deal with this question, there is perhaps not much difficulty in arriving at correct conclusions, and promptly enforcing the rights of a defrauded …