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Articles 631 - 655 of 655
Full-Text Articles in Law
Ingenuity Of The Infringer And The Courts, Edward S. Rogers
Ingenuity Of The Infringer And The Courts, Edward S. Rogers
Michigan Law Review
The person who imitates a trademark has by common consent come to be described as a "pirate." At the time the designation was first applied, it was more or less appropriate. The pirate saw and coveted his neighbor's successful business, and like any MORGAN, TEACH, SHARKEY, or L'OLLONOIS, sighting a fat galleon laden with plate wallowing in the trade winds, homeward bound from the Indies, he laid himself alongside and took what he wanted. He counterfeited marks and labels as exactly as he could, not as he dared. There was no limit to his impudence. He was deterred only by …
The Pelatiah Webster Myth, Edward S. Corwin
The Pelatiah Webster Myth, Edward S. Corwin
Michigan Law Review
For several years Mr. Hannis Taylor has been endeavoring to persuade the American public that the Constitution, instead of being the work of the Convention of 1787, acting under the guidance of men like Madison, Hamilton, Pinckney, Patterson, Ellsworth, and others of similar caliber, was really the invention of a single individual, Pelatiah Webster by name, whose fame, till Mr. Taylor's resurrection of it in The North American Review for August, 1907, had dropped quite out of historical notice. Since this first publication of his discovery, Mr.Taylor has returned to the attack time and time again, now in a memorial …
The Mosaic Law, Clarence A. Lightner
The Mosaic Law, Clarence A. Lightner
Michigan Law Review
In recent years much has been learned of the civilization, which developed in early times in Mesopotamia. In Babylon, laws appropriate to a vast and wealthy agricultural nation, which was engaged, also, largely in commerce, had been developed many centuries before the authentic history of other peoples begins. This civilization was Semitic. A great light, where formerly but dim reflections had been seen, was thrown upon this jurisprudence by the discovery, in 1901, of the codification of the laws of Babylonia, which was promulgated by King Hammurabi about 2350 B. C. Migration from Babylonia occurred from time to time, and …
The State's Power Over Foreign Corporations, Harold M. Bowman
The State's Power Over Foreign Corporations, Harold M. Bowman
Michigan Law Review
This paper is devoted to a consideration of certain phases of our constitutional law governing the authority of the states over foreign corporations as that authority developed between the end of the fourth decade of the last century and the end of the first decade of this, and as it has been altered by a remarkable group of decisions rendered by the Supreme Court of the United States only about a year ago. The subject is one which concerns the frame of our institutions, for the final view which the Court shall take upon the questions involved in this matter …
The Judicial Reforms Of The Reign Of Henry Ii, Richard Hudson
The Judicial Reforms Of The Reign Of Henry Ii, Richard Hudson
Michigan Law Review
Inasmuch as this paper is to deal with the judicial reforms of the reign of Henry II, and more particularly with the extension of the jurisdiction of the king's court during that period, we must at the outset, for the purpose of comparison, make a brief study of the courts, their jurisdiction, and their methods of procedure at the close of Saxon and the beginning of Norman times. Mention should first be made of the courts of the hundred and of the shire, for it was in these public local courts, particularly in the former, that in early times justice …
The Establishment Of Judicial Review Ii, Edwin S. Corwin
The Establishment Of Judicial Review Ii, Edwin S. Corwin
Michigan Law Review
In tracing the establishment of judicial review subsequently to the inauguration of the national government it will be important to bear in mind that there are two distinct kinds of judicial review, namely, federal judicial review, or the power of the federal courts to review acts of the State legislatures under the United States Constitution, and Judicial review proper; or the power of the courts to pass upon the constitutionality of acts of the coordinate legislatures. That the Judiciary Act of 1789 contemplated, in the mind of its author, Ellsworth, the exercise of the power of review by the national …
The Establishment Of Judicial Review (I), Edwin S. Corwin
The Establishment Of Judicial Review (I), Edwin S. Corwin
Michigan Law Review
When Gladstone described the Constitution of the United States as "the most wonderful work ever struck off at a given time by the brain and purpose of man," his amiable intention to flatter was forgotten, while what was considered his gross historical error became at once a theme of adverse criticism. Their contemporaries and immediate posterity regarded the work of the Constitutional Fathers as the inspired product of political genius and essentially as a creation out of hand. Subsequently, due partly to the influence of the disciples of Savigny in the field of legal history, partly to the sway of …
Some Historical Matter Concerning Trade-Marks, Edward S. Rogers
Some Historical Matter Concerning Trade-Marks, Edward S. Rogers
Michigan Law Review
Most of the text books on the subject of trade marks begin with the case of Southern v. How, and either expressly assert, or by implicating convey the impression that trade marks are a comparatively modern thing, when, as a matter of fact few human institutions can boast a more respectable antiquity. The use of trade marks dates from the very earliest times of which we have any knowledge. The recent excavations in Asia Minor and in Egypt have revealed bricks bearing names which are supposed to be those of the manufacturers accompanied in many instances by devices. Roman bricks …
A Recent History Of English Law, Arthur Lyon Cross
A Recent History Of English Law, Arthur Lyon Cross
Michigan Law Review
In 1607, if his own word can be behaved, "tough old Sir Edward Coke," that monster of legal learning, told King James I "that causes which concern the life, or inheritance, or goods, or fortunes of his subjects are not to be decided by natural reason, but by the artificial reason and judgment of the law, which requires long study and experience before a man can attain to the cognizance of it." The celebrated Sir John Fortesque, when pressed on one occasion in the reign of Henry VI by the legal absurdity of a distinction he was laying down as …
Some Leading Principles Of Chinese Law, Gustavus Ohlinger
Some Leading Principles Of Chinese Law, Gustavus Ohlinger
Michigan Law Review
It has frequently been remarked that of all nations, China approaches most nearly the Jeffersonian ideal in being the least governed. To a greater extent than any other people, the Chinese manage their own affairs. The usages of trade are defined by the various commercial guilds-organizations which have acquired a prestige and influence without parallel in any other country. Commercial disputes are submitted to these bodies and by them are settled promptly, finally, and usually satisfactorily. Matters of currency and exchange are determined by the powerful bankers' guild. Physicians, fortune-tellers, geomancers and even mendicants, have their organizations through which the …
The Anthracite Coal Industry And The Busness Affected With A Public Interest, Andrew Alexander Bruce
The Anthracite Coal Industry And The Busness Affected With A Public Interest, Andrew Alexander Bruce
Michigan Law Review
The constitutions, state and federal, do not anywhere guarantee any absolute property rights nor right to liberty. The guarantee is merely that no person shall be deprived of life, liberty and property without due process of law. The right to liberty and property was never absolute under the English law, and the American constitutions have never been construed as going further than guaranteeing the continuance of the rights which existed at the time of their adoption.
The Roman Lawyer--A Sketch, George L. Canfield
The Roman Lawyer--A Sketch, George L. Canfield
Michigan Law Review
OF the Roman lawyer this at least may be said, that his work had the quality which endures. It remains today the fundamental law of the greater part of the world and it was as much the special creation of the lawyer as our common law is the creation of the judge. As the Romans had no officers corresponding to our judges (the "judex" being practically a juror) the law of the case was usually settled by special counsel; disinterested in the issue, but of special learning in the legal points involved. These were the jurisconsults. They gave their opinions …
An Historical Development Of The Contract Theory In The Dartmouth College Case, R. N. Denham Jr.
An Historical Development Of The Contract Theory In The Dartmouth College Case, R. N. Denham Jr.
Michigan Law Review
The theory enunciated in the famous Dartmouth College Case may be said to date back to the very beginnings of corporations. Just when were the beginnings of corporations and corporation law is, however, a question that has long been a much mooted one, some claiming that they were not known until the middle ages, while others put their inception as far back as the time of Solon in Greece; still others name Numa as the true founder of corporations, by reason of his classification of the Romans into societies according to the manual trade each followed, but the first really …
Some Historical Matter Concerning Literary Property, Edward S. Rogers
Some Historical Matter Concerning Literary Property, Edward S. Rogers
Michigan Law Review
The notion of property in published literary works was of gradual development. One may search in vain through classical literature and Roman law to find anything in the nature of copyright. Hearty condemnation of plagiarism is to be found. Stealing another man's labor and passing it off as one's own was a literary crime, but neither that nor open piracy seems to have been a matter of which the law took cognizance. Before the invention of printing, making manuscript copies of a book was such a laborious and time-consuming task that an ancient author must have felt sufficiently repaid if …
Historical Lights From Judicial Decisions, Edward Cahill
Historical Lights From Judicial Decisions, Edward Cahill
Michigan Law Review
The history of a nation is to be looked for in a great variety of places. Its traditions, its public and private records, its religious and social orders, its literature and its laws, each yield copious results to the researches of the historian. The social, religious and economic conditions of a nation at any period of its history, the state of the· domestic relations, the rights of property and of succession, the growth of personal liberty, all these and many more find their accurate expression sooner or later, in the written or unwritten laws of the land. And the movement …
Case Of The Monopolies Some Of Its Results And Suggestions, Sydney T. Miller
Case Of The Monopolies Some Of Its Results And Suggestions, Sydney T. Miller
Michigan Law Review
Apparently the monopolistic idea is as old as the history of man. That great and good man, Job, may be counted as the earliest recorded "trust-buster," if we read between the lines of his story, and Solomon said, "He that withholdeth corn, the people shall curse him; but blessing shall be upon the head of him that selleth it." Doubtless, by exhaustive search, we could find some record of attempts to monopolize during each century from Biblical days to the time of printing, and as surely there must have been a countermovement. But not until the last five hundred years …
A Written Constitution In Some Of Its Historical Aspects, Andrew C. Mclaughlin
A Written Constitution In Some Of Its Historical Aspects, Andrew C. Mclaughlin
Michigan Law Review
That an institution of government, like an institution or practice of society, is a growth and not a creation is now an accepted proposition. No one seeks to argue for it; no one endeavors to deny it. The introduction of this idea into our political thinking strongly influenced our methods and our ideas. In no field of study has the evolutionary idea shown itself more strongly than among workers in history and political science. And yet occasionally one is surprised by seeing how recently this idea has manifested itself in the examination of some historical problems. Until a short time …
The Scottish Jury, Rufus Fleming
The Scottish Jury, Rufus Fleming
Michigan Law Review
The origin of the jury is one of the subjects on which an agreement has not been. reached by writers on the history of law. A number of theories have been put forward at different times. At this day two of these theories receive considerable support. The first is that the jury system is a gradual and natural sequence from the modes of trial in use among the Anglo-Saxons and Anglo-Normans. The second-and perhaps the one more widely accepted at present-is that we owe trial by jury to the legal institutions of the Frankish empire. (Forsyth's "History of Trial by …
Ecclsiastical Jurisdiction In England, Edwin Maxley
Ecclsiastical Jurisdiction In England, Edwin Maxley
Michigan Law Review
Previous to the invasion of William the Conqueror the ecclesiastical jurisdiction in England was not at all clearly defined. Under the protection, and, as protection implies jurisdiction, under the jurisdiction of the bishops were the following: sacred persons and sacred things. Among the former were included men in orders, monks and nuns; and among the latter: churches and church-yards, books and furniture of churches, sacraments, ecclesiastical and marital rituals. So far as can be found, there were not at that time any separate ecclesiastical courts. The bishops, with the assistance of archdeacons and deans, exercised their ecclesiastical jurisdiction through the …
The Old Roman Law And A Modern American Code, Joseph H. Drake
The Old Roman Law And A Modern American Code, Joseph H. Drake
Michigan Law Review
In Book II, on Property, Ownership, and its Modifications, the Porto Rican Code follows closely its Spanish prototype. The main variation in general outline is the omission from the American code of the special property in minerals and in intellectual productions.
The Old Common Law And The New Trusts, Ditlew M. Frederiksen
The Old Common Law And The New Trusts, Ditlew M. Frederiksen
Michigan Law Review
T HE Civil Code of Porto Rico, our latest Roman American code, gives interesting proof of the fact that the two systems of law, the Roman and the English, which control most of the nations of the civilized world and their dependencies, are, in their essence, but slightly different enunciations of the same principles of natural justice. The parent of the Civil Code of Porto Rico1 is the Spanish Civil Code,2 in force in Spain since May I, 1889, and extended to Cuba, Porto Rico, and the Philippines on July 31, 1889. The Spanish Civil-Code is the result of the …
English History And The Study Of English Law, Arthur Lyon Cross
English History And The Study Of English Law, Arthur Lyon Cross
Michigan Law Review
Ranke, the Nestor of modern historical research, was wont to say that he only wanted to know how things had happened. Lamprecht, however, more truly indicated the aim and purpose of the investigation of the past when he said that be wanted to know how things had become. Another distinction between the schools which these two men represent is, that one is primarily interested in political affairs, while the other would include within the historical field all phases of social activity. A survey of the course of scholarship during the century just closed, leads to the conclusion that this latter …
The Law Of Reason, Fredrick Sir Pollock
The Law Of Reason, Fredrick Sir Pollock
Michigan Law Review
If there is one virtue that our books of authority claim for the Common Law more positively than another, it is that of being reasonable. The law is even said to be the perfection of reason. Not that the meaning of that saying is exhausted by the construction which a layman would naturally put upon it. For, as Coke had to tell King James I., much to his displeasure, there is an artificial reason of the law. Certainty is among the first objects of systematic justice. General principles being once fixed, the only way to attain certainty is to work …
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
The Law School-Changes in the Faculty--Readjustment of Courses of Study; Sir Frederick Pollock's Visit to Michigan; The Second Lecture--The Scales of Justice; The Development of Criminal Law; The Law of Reason; Corporations--railroads--Stockholding Corporations--Combinations in Restraint of Trade and Commerce--consolidation of Parallel and Competing Lines; Constitutional law--Classification--Limit of Judicial Construction;
The Relation Of The Federal And The State Judiciary To Each Other, Horace R. Lurton
The Relation Of The Federal And The State Judiciary To Each Other, Horace R. Lurton
Michigan Law Review
In the very cordial invitation extended to me by the distinguished President of your Bar Association to participate in the observance of this occasion it was urged that I should make a short address upon the relations of the Federal and State Judiciary to each other. As a reason for my taking this particular subject it was suggested by him that I had had the advantage of a considerable service under both systems.