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Articles 901 - 912 of 912
Full-Text Articles in Entire DC Network
Net Income And Judicial Economics, Henry Rottschaefer
Net Income And Judicial Economics, Henry Rottschaefer
Michigan Law Review
A legal system does not function in a vacuum of abstractions. It is part of a general institutional framework of an organized society. Its content is determined by concrete individual and social needs and activities. Hence modern jurisprudence conceives of law as a means for securing interests. The appraisal of its rules and principles requires an evaluation of the significant elements of the situation to which they apply. A narrow, complacent formalism is the penalty of failure in this regard. No one would deny the emphasis modern society places upor its commercial and industrial interests, nor the many points of …
Due Process And Punishment, Clarence E. Laylin, Alonzo H. Tuttle
Due Process And Punishment, Clarence E. Laylin, Alonzo H. Tuttle
Michigan Law Review
To threaten such a man with punishment," wrote Sir James .LFitzjames Stephen,' "is like threatening to punish a man for not lifting a weight which he cannot move."
Are Charges Against The Moral Character Of A Candidate For An Elective Office Conditionally Privileged, Jeremiah Smith
Are Charges Against The Moral Character Of A Candidate For An Elective Office Conditionally Privileged, Jeremiah Smith
Michigan Law Review
Is candidacy for an elective office such a special occasion as to confer conditional privilege (prima facie protection) upon charges affecting the moral character of the candidate?
Freedom Of Speech And Of The Press In War Time The Espionage Act, Thomas F. Carroll
Freedom Of Speech And Of The Press In War Time The Espionage Act, Thomas F. Carroll
Michigan Law Review
The Imperial German Government had never made a secret of its willingness to encourage disloyalty among the citizens and subjects of Germany's enemies. It had officially announced: "Bribery of enemies' subjects, acceptance of offers of treachery, utilization of discontented elements in the population, support of pretenders and the like are permissible; indeed, international law is in no way opposed to the exploitation of the crimes of third parties."'
Family Courts, Willis B. Perkins
Family Courts, Willis B. Perkins
Michigan Law Review
A great deal has been said, but very little has been authoritatively written upon the subject of Domestic Relations Courts in this country. So far as I know, no such court has yet been successfully established embodying the jurisdiction and powers the advocates of such a court claim it should possess. I am not unaware, however, that courts under the name ef Domestic Relations Courts have been established, notably in New York City and Cincinnati, and that certain Municipal Courts, notably in Chicago, have been given jurisdiction in certain family matters, but none of these courts, as at present organized, …
Theory Of Popular Sovereignty, Harold J. Laski
Theory Of Popular Sovereignty, Harold J. Laski
Michigan Law Review
Alexis de Tocqueville has wisely insisted upon the natural tendency of men to confound institutions that are necessary with institutions to which they have grown accustomed.' It is a truth more general in its application than he perhaps imagined. Certainly the student of political and legal ideas will in each age be compelled to examine theories which are called essential even when their original substance has, under pressure of new circumstance, passed into some allotropic form. Anyone, for instance, who analyses the modern theory of consideration will be convinced that, while judges do homage to an ancient content, they do …
Defects In Our Legal System, Henry M. Bates
Defects In Our Legal System, Henry M. Bates
Articles
That the practice of law and the administration of justice are under a fire of popular distrust and criticism of extraordinary intensity requires no proof. A fact of which there is evidence in numerous contemporary books, in almost every magazine, in the daily papers, in the remarks, or the questions, or it may be in the sneers, of one's friends, requires no further demonstration. The only questions of importance to be answered are to what extent this criticism and this distrust are well founded, what are the remedies for such defects as exist, and how and by whom should they …
Popular Discontent With Law And Some Proposed Remedies, Henry M. Bates
Popular Discontent With Law And Some Proposed Remedies, Henry M. Bates
Articles
That the practice of law and the administration of justice are under the fire of popular distrust and criticism of extraordinary intensity requires no proof. A fact of which there is evidence in numerous contemporary books, in almost every magazine, in the daily papers, in the remarks, or the questions, or it may be in the sneers of one's friends, requires no further demonstration. The only questions of importance to be answered are to what extent this criticism and this distrust are well founded, what are the remedies for such defects as exist, and what are we lawyers going to …
The Law In Its Relation To Religion And Morals, Edwin C. Goddard
The Law In Its Relation To Religion And Morals, Edwin C. Goddard
Other Publications
Man is a religious being. To him, everywhere and always, religion and religious institutions have been and will be of prime concern. Now, and in this United States, not less than in ages past and in other parts of the world, is this a fundamental fact. He who, without a recognition of this, would study either religion or government, would quite fail to comprehend his problem. Man is also a social being. As such he has always found it necessary to live in an organized society, under some form of government. The world depicted with such irresistible genius by Rosseau …
Divorce Laws And The Increase Of Divorce, Evans Holbrook
Divorce Laws And The Increase Of Divorce, Evans Holbrook
Articles
Along with the condemnation of the divorce evil has gone a very general disposition to condemn our divorce laws as being responsible for the evil. The committee on resolutions of the Congress on Uniform Divorce Laws in its report to the Congress at its adjourned session in Philadelphia, November 13, 1906, speaks of the "many evils engendered by the lax and unphilosophic system prevailing in many of the states."3 On this phase of the question also our late president gave his views in his special message to Congress on January 30, 1905, in the following words: "There is a wide-spread …
The North-West During The Revolution: Annul Address Before The State Historical Society Of Wisconsin, Charles I. Walker
The North-West During The Revolution: Annul Address Before The State Historical Society Of Wisconsin, Charles I. Walker
Books
No abstract provided.
Address By Hon. Thomas M. Cooley, And Poem By D. Bethune Duffield, Esq., On The Dedication Of The Law Lecture Hall Of The Michigan University, Thomas M. Cooley, D. Bethune Duffield
Address By Hon. Thomas M. Cooley, And Poem By D. Bethune Duffield, Esq., On The Dedication Of The Law Lecture Hall Of The Michigan University, Thomas M. Cooley, D. Bethune Duffield
Other Publications
A stirring address by Professor Cooley upon the occasion of the dedication of the Law Lecture Hall of the first Law School Building. He begins: "Students in the Department of Law: While Michigan was yet a wilderness, only feeling along its borders the advancing tread of civilization, and only hearing here and there the sound of the woodman's axe, the wisdom of American statesmen made provision for the establishment in the territory of a great University...."