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Full-Text Articles in Law

Curiae: Law In Action. An Anthology Of The Law In Literature, Michigan Law Review Dec 1947

Curiae: Law In Action. An Anthology Of The Law In Literature, Michigan Law Review

Michigan Law Review

A Review of LAW IN ACTION. AN ANTHOLOGY OF THE LAW IN LITERATURE. Edited by Amicus Curiae. Introduction by Roscoe Pound.


The Political And Social Factor In Legal Interpretation, Roscoe Pound Mar 1947

The Political And Social Factor In Legal Interpretation, Roscoe Pound

Michigan Law Review

We may think of the task of the legal order as one of maintaining the inner order of a politically organized society. The term "law" is not uncommonly used to include the task and the agencies by which we endeavor to achieve it. Thus it is used (as by sociologists and by the historical jurists) for all social control, and, by those who limit the term to a highly specialized social control through politically organized society, for (1) the legal order, the regime of adjusting relations and ordering conduct by systematic employment of the force of a state (the type …


Private Cooperation--A New Catalyst In The Old Issue Of Common Goods Versus Human Freedoms, Donald S. Frey Jan 1947

Private Cooperation--A New Catalyst In The Old Issue Of Common Goods Versus Human Freedoms, Donald S. Frey

Kentucky Law Journal

No abstract provided.


Chief Justice Greene On Mob Law, Leander T. Turner, Roger S. Greene Jul 1944

Chief Justice Greene On Mob Law, Leander T. Turner, Roger S. Greene

Washington Law Review

On January 18, 1882, three men were hung by a mob in Seattle on what is now James Street between First and Second Avenues. Two of them had just been held for trial after a hearing before a justice of the peace for the murder the evening before of a popular Seattle citizen. They were seized by a mob in the court room and hurried to the place of execution, the sheriff and his deputies present being overpowered. The third was in jail awaiting trial for the murder of a policeman and was taken from the jail on the same …


National Law And International Order, Linden A. Mander Apr 1944

National Law And International Order, Linden A. Mander

Washington Law Review

The thesis of the present paper is that the future of law in this country is dependent upon the solution of the problem of international security and that without this solution we must expect to see a progressive decline in the rule of law and a probably unlimited growth at an increasingly rapid rate of official discretionary power with all the dangers to national liberty which such a development would entail. The problem springs from the effect of total war which itself has derived from the application of technological discoveries to war upon an anarchical world society, i. e., a …


Legal Techniques And Political Ideologies: A Comparative Study, Alexander H. Pekelis Feb 1943

Legal Techniques And Political Ideologies: A Comparative Study, Alexander H. Pekelis

Michigan Law Review

The problem with which we are going to deal is one of comparative law, a discipline probably even more illusory than legal science itself. A body of laws represents in itself neither a social reality nor a social ideal. One of the difficulties that every historian faces in trying to reconstruct a period of the past with the help of legal monuments is due to the great variety of relations existing between legal rules and social reality. So, e.g., legal monuments generally contain in an inextricable confusion at least two contradictory types of rules: rules which are a simple restatement …


If Men Were Angels: A Review, E. Blythe Stason Oct 1942

If Men Were Angels: A Review, E. Blythe Stason

Michigan Law Review

Occasionally one encounters a new book that is genuinely interesting because of the refreshing vigor with which it attacks an important and timely problem. Such a book is Jerome Frank's new volume, If Men Were Angels. Indeed in some of its chapters its vigor approaches violence, a fact which adds spice to the reading.


Constitutional Law - State Control Of Interstate Migration Of Indigents, Edward W. Adams Mar 1942

Constitutional Law - State Control Of Interstate Migration Of Indigents, Edward W. Adams

Michigan Law Review

The interstate migration of persons presents the United States with one of its most acute economic and social problems and carries in its wake a series of significant legal questions. Of paramount importance is the constitutional question whether the migration of indigents is subject to state control. To lend understanding to this problem, attention will be called first to the basic economic and social urges underlying interstate migration and second to the position of the indigent as defined by traditional legal concepts. To complete the discussion, suggestions will be offered for corrective federal legislation.


Eugenical Sterilization, W. D. Funkhouser Jan 1935

Eugenical Sterilization, W. D. Funkhouser

Kentucky Law Journal

No abstract provided.


Is Compulsory Human Sterilization The Long Sought Solution For The Problem Of Our Mental Incompetents?, Robert Edwin Hatton Jr. Jan 1935

Is Compulsory Human Sterilization The Long Sought Solution For The Problem Of Our Mental Incompetents?, Robert Edwin Hatton Jr.

Kentucky Law Journal

No abstract provided.


A Sterilization Statute For Kentucky?, George T. Skinner Jan 1934

A Sterilization Statute For Kentucky?, George T. Skinner

Kentucky Law Journal

No abstract provided.


'Recent Social Trends In The United States" Report Of The President's Research Committee, Robert Cooley Angell Mar 1933

'Recent Social Trends In The United States" Report Of The President's Research Committee, Robert Cooley Angell

Michigan Law Review

Never before has a particular civilization taken so complete an inventory of its own activities as that presented in the two-volume Report of the President's Research Committee on Social Trends. Its more than 1600 pages are literally crammed with significant data regarding almost every conceivable aspect of American life, data gathered with great care and thoroughness by research men of unquestioned ability and scholarly standing.


Adequacy Of Strike Injunctions, J. P. Dawson Mar 1933

Adequacy Of Strike Injunctions, J. P. Dawson

Michigan Law Review

A book review of STRIKE INJUNCTIONS IN THE NEW SOUTH. By Duane McCracken.


The Machine-Age Mind And Legal Developments, Edwin F. Albertsworth Jan 1932

The Machine-Age Mind And Legal Developments, Edwin F. Albertsworth

Kentucky Law Journal

No abstract provided.


Social Politics And Modern Democracies, John F. Sly Dec 1931

Social Politics And Modern Democracies, John F. Sly

West Virginia Law Review

No abstract provided.


The Courts, The Press, And The Public, Stuart H. Perry Dec 1931

The Courts, The Press, And The Public, Stuart H. Perry

Michigan Law Review

It was with especial gratification that I accepted this invitation to speak. It is a pleasure to be with you, and it affords me an opportunity to contribute to a discussion of matters that are of great importance to your profession and my own and to the public. Perhaps I should not thus separate myself from your profession. I am still at least nominally a member of the bar, and though it is many years since I last appeared in court I have a keen and sympathetic interest in legal matters and enjoy my contacts with the bench and bar …


Report On The Causes Of Crime, Kenneth Sears Nov 1931

Report On The Causes Of Crime, Kenneth Sears

Michigan Law Review

The Report of the Commission, together with a number of special reports of individuals and groups concerning various features of the problem of the causes of crime, is in two large volumes of about four hundred pages each.


Liberty, Robert C. Brown Jan 1930

Liberty, Robert C. Brown

Kentucky Law Journal

No abstract provided.


The New Feudal System, Roscoe Pound Jan 1930

The New Feudal System, Roscoe Pound

Kentucky Law Journal

No abstract provided.


Jural Relations, T. W. Arnold Dec 1928

Jural Relations, T. W. Arnold

West Virginia Law Review

No abstract provided.


Forms Of Individuality, By E. Jordan (1927), Mark M. Lichtman Jun 1927

Forms Of Individuality, By E. Jordan (1927), Mark M. Lichtman

Washington Law Review

No abstract provided.


Social Progress, By Ulysses G. Weatherly, Paul L. Sayre May 1927

Social Progress, By Ulysses G. Weatherly, Paul L. Sayre

Indiana Law Journal

No abstract provided.


Progress Of Law, Gardner K. Byers Jan 1926

Progress Of Law, Gardner K. Byers

Kentucky Law Journal

No abstract provided.


Proposed Changes In The Rash-Gullion Act, H. C. Kennedy Jan 1925

Proposed Changes In The Rash-Gullion Act, H. C. Kennedy

Kentucky Law Journal

No abstract provided.


The Social Interest In The Aesthetic And The Socialization Of The Law, T. P. H. Apr 1923

The Social Interest In The Aesthetic And The Socialization Of The Law, T. P. H.

West Virginia Law Review

No abstract provided.


Law In The Mountains, A. T. W. Manning Jan 1923

Law In The Mountains, A. T. W. Manning

Kentucky Law Journal

No abstract provided.


The Reorganization Of Our Judicial System, Edward Thomas Jan 1923

The Reorganization Of Our Judicial System, Edward Thomas

Kentucky Law Journal

No abstract provided.


Social And Economic Interpretation Of The Fourteenth Amendment, Robert Eugene Cushman May 1922

Social And Economic Interpretation Of The Fourteenth Amendment, Robert Eugene Cushman

Michigan Law Review

For those who love precision and definiteness the question of the application of the Fourteenth Amendment to social and economic problems remains an irritating enigma. The judicial construction of due process of law and the equal protection of the law has from the first discouraged systematic analysis and defied synthesis. More than one writer has emerged from the study of the problem with a neat and compact set of fundamental principles, only to have the Supreme Court discourteously ignore them in its next case. But paradoxical as it may seem, those who long for a wise and forward-looking solution of …


Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin May 1922

Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin

Michigan Law Review

The title of this brilliant little volume might, more accurately, have been, "The Spirits of the Common Law," for it depicts the common law as the battleground of many conflicting spirits, from which a few relatively permanent ideas and ideals have emerged triumphant. As a whole, the book is a pluralistic-idealistic interpretation of legal history. Idealistic, because Dean Pound finds that the fundamentals of the 'common law have been shaped by ideas and ideals rather than by economic determinism or class struggle; he definitely rejects a purely economic interpretation of legal history, although he demands a sociological one (pp. io-ii). …


Net Income And Judicial Economics, Henry Rottschaefer Apr 1922

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 …