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Articles 2161 - 2190 of 2206
Full-Text Articles in State and Local Government Law
Legislation - Old Age Pensions
Legislation - Old Age Pensions
Michigan Law Review
Out of our changing social theories has grown modern social legislation. The tendency is nowhere better illustrated than in the development of legislation for the care of aged persons. During the last decade great strides have been made in enacting such legislation, and the present year has seen increased activity, leading to the passage of old age pension laws in five states and to numerous other legislative accomplishments.
Proposed Legislation: City Manager Legislation In Kentucky, J. W. Manning
Proposed Legislation: City Manager Legislation In Kentucky, J. W. Manning
Kentucky Law Journal
No abstract provided.
Legislation--Proposed Bar Committee To Correct Formal Errors In Revised Code, James W. Simonton
Legislation--Proposed Bar Committee To Correct Formal Errors In Revised Code, James W. Simonton
West Virginia Law Review
No abstract provided.
Anti-Chain Store Legislation, Hugh A. Fulton
Anti-Chain Store Legislation, Hugh A. Fulton
Michigan Law Review
During the past few years chain store merchandising has made such serious inroads upon the trade of independent wholesale and retail merchants that they have been forced to use every expedient within their reach in order to survive. They have banded together in order to achieve the economies which have made chain store merchandising so successful and have been rewarded with a large measure of success and even with the hope of competing on an equal basis with the average chain system. But they have not been satisfied with merely seeking to operate on a smaller margin of profit. They …
Statutes-Indefiniteness As Affecting Vaudity
Statutes-Indefiniteness As Affecting Vaudity
Michigan Law Review
Plaintiff sought to enjoin the enforcement of Public Acts Conn. 1929, c. 296, section 4 of which prohibits the "sale or delivery of lubricating oil for use in motor vehicle engines, that shall not be 'equal to or better in quality and specifications' than that !mown as United States Government Specifications for Motor (Class D) Lubricants." Section 5 provides for all tests to determine quality to be made in accordance with methods contained in a certain technical paper of the Bureau of Mines, made a part of the act. The act further provided fines and imprisonment for violations. The district …
Burns Annotated Indiana Statutes: Supplement Of 1929, By Benjamin F. Watson, W. E. Treanor
Burns Annotated Indiana Statutes: Supplement Of 1929, By Benjamin F. Watson, W. E. Treanor
Indiana Law Journal
No abstract provided.
The Legislative Program, Dan W. Simms, Frank H. Hatfield, Charles M. Mccabe, Julius C. Travis, Wilmer T. Fox, Charles S. Batt, John W. Craig
The Legislative Program, Dan W. Simms, Frank H. Hatfield, Charles M. Mccabe, Julius C. Travis, Wilmer T. Fox, Charles S. Batt, John W. Craig
Indiana Law Journal
No abstract provided.
Perpetuity Statutes, Edwin C. Goddard
Perpetuity Statutes, Edwin C. Goddard
Michigan Law Review
The common law of perpetuities is one of the most interesting examples of almost pure judicial legislation. De Donis, The Statutes of Uses and of Wills, but· gave wider scope to the development by the courts of rules of law to thwart the attempt of the great landowners to tie up their landed estates in their families in perpetuity. One body of rules to this end limited restraints upon alienation, another the creation of future interests vesting at too remote a period. Restriction of restraints upon alienation, and the rule against perpetuities, these two were developed for the same end, …
Conciliation Of Controversies
Michigan Law Review
It is a matter of common criticism more or less just that the administration of law is unnecessarily tedious and expensive. Particularly among those of the poorer classes is it true that the delay and expense incident to the enforcement of small claims amounts to a practical denial of justice. With a view toward relieving this situation, North Dakota adopted the first state-wide act for the conciliation of controversies. Chapter 38, Laws of North Dakota, 1921. That act has recently been put to the test and upheld in the case of Klein v. Hilton (N. D., 1922), 191 N. W. …
Legislation In Vague Or General Terms, Ralph W. Aigler
Legislation In Vague Or General Terms, Ralph W. Aigler
Articles
FOR some reason, probably in part the increasing complexity of our life and relationships, but more largely, perhaps, the growing tendency to regulate everybody and everything by positive law, the courts have been called upon with increasing frequency to pass upon the effectiveness of statutes and ordinances phrased in indefinite terms. In a very interesting and valuable paper, Professor Freund has pointed out the weakness and strength, on the one hand, of legislation in general terms, and on the other hand, legislation in which the rule of conduct is attempted to be laid down with precision. His interest apparently lay …
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 …
Methods For Relieving Courts Of Last Resort From The Growing Burden Of Appeals, Edson R. Sunderland
Methods For Relieving Courts Of Last Resort From The Growing Burden Of Appeals, Edson R. Sunderland
Articles
"At the last meeting of the Michigan State Bar Association, held in Detroit in June, 1920, the question of employing an intermediate appellate court in this state, as a means for relieving the Supreme Court and expediting the disposal of appeals, was discussed at some length, and it was thereupon moved and carried that the whole subject be referred to the Committee on Legislation and Law Reform to be investigated, and that the Committee report upon the matter at the next meeting of the Association."
Declaratory Judgments, Edson R. Sunderland
Declaratory Judgments, Edson R. Sunderland
Articles
The subject of declaratory judgments has received a great deal of attention in the United States during the last few years, and the interest aroused has resulted in the enactment of statutes in a considerable number of states authorizing courts to declare the rights of parties in cases where relief of the conventional sort is inadequate, inconvenient or impossible. Such judgments may now be obtained in California, St I92I, ch. 463; Connecticut, P. A. 1921, ch. 258; Florida, Laws 1919, No. 75; Hawaii, Laws 1921, Act 162; Kansas, Laws 1921, cl. 168; New Jersey, Laws 1915, ch. 116, Sec. 7; …
Growth And Development Of The Police Power Of The State, Collins Denny Jr
Growth And Development Of The Police Power Of The State, Collins Denny Jr
Michigan Law Review
The police power of the state is one of the most difficult phases of our law to understand, and it is even more difficult to define it and to place it within any bounds. In speaking of this power the court has recently said: "It extends not only to regulations which promote the public health, morals, and safety, but to those which promote the public convenience or the general prosperity. * * * It is the most essential of powers, at times the most insistent, and always one of the least limitable of the powers of government."' The term is …
A Legislative Reference Bureau For West Virginia, Maurice T. Van Hecke
A Legislative Reference Bureau For West Virginia, Maurice T. Van Hecke
West Virginia Law Review
This paper suggests the benefits that might be derived from the establishment and maintenance of a legislative reference bureau in West Virginia. Similar agencies are now functioning in a majority of the states and at the national capital. It is understood that a need for such a bureau has developed in this state, and that a bill providing for the creation of a legislative reference bureau will be presented to the legislature at this session.
Enactment In West Virginia Of More Of The United States Laws, H. C. J.
Enactment In West Virginia Of More Of The United States Laws, H. C. J.
West Virginia Law Review
No abstract provided.
The Courts As Authorized Legal Advisors Of The People, Edson R. Sunderland
The Courts As Authorized Legal Advisors Of The People, Edson R. Sunderland
Articles
It is doubtful whether American legal institutions have witnessed a more far-reaching procedural reform since New York adopted its Code of Civil Procedure in 1848, than the movement toward the authorization of judicial declarations of rights which has received its chief impetus from legislation enacted in three American States during the past year. A somewhat timid step in this direction was taken by the New Jersey Chancery Practice Act of 1915, but it disclosed a want of confidence in the broad effectiveness of the remedy. Now for the first time American legislation has definitely committed itself to the principle that …
Religious Liberty In The American Law, Carl Zollman
Religious Liberty In The American Law, Carl Zollman
Michigan Law Review
It remains to examine the application of this principle* to particu- 1 lar offenses. Statutes have been passed against blasphemy and offenders have been prosecuted under them. This, as said in a Massachusetts case, has not been done "to prevent or restrain the formation of any opinions or the profession of any religious sentiments whatever but to restrain and punish acts which have a tendency to disturb the public peace.185 To prohibit the open, public, and explicit denial of the-popular religion of a country is a necessary measure to preserve the tranquility of a government. Of this no person in …
The Federal Bankruptcy Act And Its Effect On State Insolvency Laws, Evans Holbrook
The Federal Bankruptcy Act And Its Effect On State Insolvency Laws, Evans Holbrook
Articles
Since Sturgis v. Crowninshield, 4 Wheat. 122, it has been clear that State Insolvency Laws were valid (within certain well-defined limits) during the non-existence of a Federal Bankruptcy Act, and that upon the enactment of a Federal Bankruptcy Act the State laws were superseded and suspended so far as they were in conflict with the Federal legislation. The difficulty has been in determining when there was such conflict, and it has arisen in various ways. For instance, the Federal Bankruptcy Act permits any natural person to become a voluntary bankrupt, but provides that no involuntary proceedings shall be taken against …
Note And Comment, Ralph W. Aigler, John B. Waite, Eugene B. Hewitt
Note And Comment, Ralph W. Aigler, John B. Waite, Eugene B. Hewitt
Michigan Law Review
State Legislation Extending to Navigable Waters - In Southern Pacific Company v. Jensen, 37 Sup. Ct. -, decided May 21, 1917, the Supreme Court announces a decision in some respects of far reaching importance. It was held therein, Mr. Justice HOL.Es dissenting, that the WORKMEN'S COMPENSATION AcT of the State of New York did not support an award to the widow and children of a workman killed on board a ship of the' Company while at the pier in New York City. Clearly the terms of the New York act covered the case, unless the fact that the accident occurred …
The Ohio "Blue Sky" Cases, Clarence D. Laylin
The Ohio "Blue Sky" Cases, Clarence D. Laylin
Michigan Law Review
The ancient notion that private fraud lies beyond the domain of public law did not long survive the statements of it that have been quoted.' Our legislation, expressing always the changing moral standards of the people, has directed the sanctions of the criminal law, step by step, ever against new forms of overreaching and imposition. Numerous illustrations might be cited to show the growing repugnance of the public mind toward frauds and cheats, and the tendency to recognize them as offenses invoking the restraint of public action as well as the redress of private injuries.
Michigan's Adoption Of Uniform State Legislation, George W. Bates
Michigan's Adoption Of Uniform State Legislation, George W. Bates
Michigan Law Review
The commissioners on Uniform State Laws have just filed their fourth Biennial Report to the Legislature of Michigan. This Conference is a body composed of representatives of each State, Territory and Federal possession, who meet in annual conference under a permanent organization commonly designated the Commissioners on Uniform State Laws. The twenty-sixth annual meeting was held in Chicago last August. The commissioners consist very largely of lawyers and judges of standing and experience and of law teachers from some of the principal law schools. There are usually three representatives from each State or Territory, appointed for terms of three to …
Direct Primary Legislation In Michigan, Arthur C. Millspaugh
Direct Primary Legislation In Michigan, Arthur C. Millspaugh
Michigan Law Review
The first local direct nomination law in Michigan was passed ir 1901; the first general law in 1905. The public opinion, however, which looked to the abolition of the convention system of nomination, rather than to its legal regulation, had its inception as early as 1894. The unusually objectionable primaries of that year led to a pronounced but unorganized agitation for reform, in the course of which a few of the most radical proposed to abolish absolutely all conventions.1 The legislature of 1895 contented itself, however, with attempting the regulation of primaries and conventions, leaving most of the nominating machinery …
Note And Comment, Edgar N. Durfee, Harry J. Connine, Harry R. Hewitt, George C. Claassen
Note And Comment, Edgar N. Durfee, Harry J. Connine, Harry R. Hewitt, George C. Claassen
Michigan Law Review
The Mortgages in Possession in New York and in Michigan - It is interesting to observe how tenaciously the old common law of mortgages has persisted in the state of New York, the very cradle of the modem lien theory of the mortgage. As early as 18o2 Chancellor KENT began the importation into that state of Lord MANSFIELD'S Civil Law doctrines of mortgage. Johnson v. Hart, 3 Johns. Cas. 322. In 1814, in the case of Runyan v. Mersereau, ii Johns. 534, the lien theory definitely triumphed over the old law. In other cases, both before and since the statute …
The Michigan Judicature Act Of 1915, Edson R. Sunderland
The Michigan Judicature Act Of 1915, Edson R. Sunderland
Articles
IN 1848 a wave of reform in judicial procedure began to sweep over the United States. In that year the legislature of New York enacted the Code of Civil Procedure, a statute of far-reaching importance, for it became the source of and the model for similar legislation in almost two-thirds of the States in the Union.
Corporations And Express Trusts: As Business Organizations, Horace La Fayette Wilgus
Corporations And Express Trusts: As Business Organizations, Horace La Fayette Wilgus
Books
No abstract provided.
The Proposed Michigan Judicature Act, Edson R. Sunderland
The Proposed Michigan Judicature Act, Edson R. Sunderland
Articles
The Michigan Legislature, at its last session, passed an act (No. 286, Public Acts of 1913) providing for the appointment of a Commission to revise and consolidate the laws of the State relating to procedure. The Governor appointed Alva M. Cummins, J. Clyde Watt, and Mark W. Stevens as members of this commission, and the result of their labors has just appeared in the form of a proposed bill regulating the entire subject of procedure in all the courts of the State. The bill is a long one, embracing 565 printed pages, but it is much less voluminous than the …
The Form Of Summons Under The Recent Michigan Judicature Act, W. Gordon Stoner
The Form Of Summons Under The Recent Michigan Judicature Act, W. Gordon Stoner
Articles
It would be rather remarkable if in revising such a large portion of the statutes as was undertaken by the Commission on Revision and Consolidation of Statutes of the State of Michigan, appointed in 1913, which reported to the legislature the recently enacted Judicature Act (Public Acts of Michigan, 1915, § 314), some ambiguity or uncertainty were not to appear in the revision. The Judicature Act is no exception to the general rule, as the lawyer who attempts to begin suit by summons under it will discover at the very outset.
Legislating The Incumbent Out Of Office, W. Gordon Stoner
Legislating The Incumbent Out Of Office, W. Gordon Stoner
Michigan Law Review
Under the English common law the officer's right or interest in the office which he held was regarded as a property right, an incorporeal hereditament. Largely because of the inherent difference between the nature and incidents of the public office at common law and those of the public office in this country, this conception never gained general acceptance here. In a few cases, and particularly in the decisions of the courts of North Carolina, offices have been asserted to be the property of the rightful incumbent. In these decisions the officer's right has been regarded as less absolute, perhaps, than …