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Full-Text Articles in Law

Martial Law And The English Constitution, Harold M. Bowman Dec 1916

Martial Law And The English Constitution, Harold M. Bowman

Michigan Law Review

On August 7th, 1914, three days after Great Britain had dedared war, a momentous statute, called the Deference of the Realm Act, was passed through the House of Commons with lightning speed, without a word of protest, in that spirit of decision and confidence which has marked the war measures of this Parliament.


The Attaint, John M. Zane Dec 1916

The Attaint, John M. Zane

Michigan Law Review

The assize of novel disseisinoriginally lay against the disseisor in possession in favor of the disseisee, and was soon extended to the heir of -the disseisee, but not against the heir or grantee of the disseisor. But the disseisor might be dead or might have conveyed the land, and in such a case the disseisee would be driven to the writ of right with iis delays and chance of battle. But the cases where the defendant had come into possession under a lawful title which was limited in time and had ceased to exist, i.. e., cases where there was …


The Attaint, John M. Zane Nov 1916

The Attaint, John M. Zane

Michigan Law Review

The practice of attainting a jury was the method by which for centuries the English law corrected an erroneous finding of fact by the body of men who, in course of time, came to be called a jury. Today this necessary corrective of judicial administration is very inadequately performed by the judge or judges presiding over the trial. The proceeding is now called a motion for a new trial. The new trial is inadequate for the reason that it does not, as did the attaint, substitute a correct verdict for the one given. It merely reverses or sets aside the …


Liability Of A Carrier Under A Bill Of Lading When The Goods Have Not Been Received By The Carrier, H S. Ross Nov 1916

Liability Of A Carrier Under A Bill Of Lading When The Goods Have Not Been Received By The Carrier, H S. Ross

Michigan Law Review

The coming into force on January I, 1917 in the United States of the FXDMAL BILL Or LADING AcT1 has given new interest to a question which was at one time much debated, namely: should a carrier whose shipmaster or agent has signed a bill of lading be liable to an innocent holder for value of such bill of lading if the carrier can show that the goods were never shipped?


Reception Of The Roman Law In Germany, Charles Sumner Lbingier May 1916

Reception Of The Roman Law In Germany, Charles Sumner Lbingier

Michigan Law Review

As in other countries. it was the universities which prepared the way for the Reception of Roman Law in Germany. Many of those great institutions which still .lead the world in learning date from about the middle of the thirteenth century, and instruction in foreign law was offered from the beginning. At first the emphasis was placed on the Canon law -but chairs of Roman law were established at Heidelberg in 1387, at Basel in 146o, at Ingolstadt in 1472, at Tfibingen in 1477, at Freiburg in 1479, at Vienna in 1493 and at Greifswald in 1498, and were filled …


Courts In The Philippines Old New, David Cecil Johnson Feb 1916

Courts In The Philippines Old New, David Cecil Johnson

Michigan Law Review

Administration of justice, involving the settlement of disputes and the punishment of crime, is and always has been a vital function of government; in fact, it might well be said to be the basis of all orderly government. The experiment in government which was begun by the American people when they separated themselves from the domination of England reached a new stage in its development when Admiral Dewey was victorious in Manila Bay on May i, 1898. It is perhaps impossible to determine at this time whether this new stage is to result in an attempt at colonization or in …